request for quotation / quote response · 2020. 2. 28. · quotes, maryland office of state fire...

University of Baltimore RFQ No. UB-20-B-20: Fire Extinguisher Maintenance and Replacement

Request for Quotation / Quote Response

Issued By: University of Baltimore Department of Procurement 1420 North Charles Street Baltimore, MD 21201 Attn: Nina L. Baxter Telephone: 410-837-5130 e-mail: [email protected]

RFQ Number: UB-20-B-20 Date Issued: February 28, 2020 Questions: Wednesday, March 4, 2020 Quotation Due Date and Time: Friday, March 13, 2020 at 2:00 p.m.

To: Prospective Bidders

Period of Performance: F.O.B. DESTINATION Payment Terms: Net 30 days Deliver To: SEE BELOW

Please enter your quotation for the items specified below. The University shall not pay any expenses incurred in the preparation or submission of any quotation. The University reserves the right to accept any or all items of any quotation, in whole or in part and to reject any or all quotations. The University will not accept alternate solutions or additional pricing. NOTE: The quantities provided are estimates used for evaluation purposes only. The University makes no guarantee of the maximum or minimum number of fire extinguisher to be serviced or replaced per year under any resulting contract.

Item No.

Supplies/Services Quantity Unit Price Total

Fire Extinguisher Inspection and Maintenance 1. Class A/B/C Fire Extinguisher – 2.5 lbs. 1 $ $

2. Class A/B/C Fire Extinguisher – 5 lbs. 96 $ $



5. Carbon Dioxide Class B/C – 5 lbs. 14 $ $


7. Carbon Dioxide Class B/C – 15lbs 1 $ $

8 Water Class – 5 lbs. 1 $ $

mailto:[email protected]


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2

9. Water Class A – 10 lbs 1 $ $ Fire Extinguisher Replacement/Purchase

1. Class A/B/C Fire Extinguisher – 2.5 lbs. 1 $ $






7. Carbon Dioxide Class B/C – 15lbs 1 $ $

8. Water Class A – 5 lbs. 1 $ $

9. Water Class A – 10 lbs 1 $ $ (BASIS OF AWARD) TOTAL AMOUNT $

The undersigned agrees to furnish any and all items for which prices are offered at the price set opposite each item, in compliance with the specifications, terms and conditions of this Request for Quotation, delivered to the destination point(s) within the period of performance specified above or within the number of days specified after date of order. The undersigned certifies that the firm submitting this quotation is not debarred from participating in contracts in the State of Maryland or excluded from federal contract awards and has accepted all terms and conditions included herein. TO BE COMPLETED BY THE FIRM OFFERING A QUOTE NAME AND ADDRESS OF QUOTER FEI Number: _________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

DATE OF QUOTATION

SIGNER’S NAME AND TITLE

TELEPHONE No.


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1. BACKGROUND:

The University of Baltimore provides innovative education in law, business, public affairs and the applied arts and sciences to serve the needs of a diverse population. A public university, the University of Baltimore (UB) offers excellent teaching and a supportive community for undergraduate, graduate and professional students in an environment distinguished by academic research and public service. The University:

• makes excellence accessible to traditional and nontraditional students motivated by professional advancement and civic awareness

• establishes a foundation for lifelong learning, personal development and social responsibility

• combines theory and practice to create meaningful, real-world solutions to 21st-century urban challenges

• is an integral partner in the culture, commerce and future of Baltimore and the region.

The University of Baltimore is one of 12 institutions that encompass the University System of Maryland, the nation's 12th largest university system. The University of Baltimore’s mission centers on providing innovative education in law, business and the applied liberal arts to serve the needs of a diverse population. UB’s institutional vision is to become a living-learning laboratory at the center of the Baltimore renaissance. The University is located in Baltimore’s cultural district, centered on Mt. Royal Avenue and Maryland Avenue, just two miles north of Baltimore’s Inner Harbor. The University has approximately 5,336 commuter students of whom 47% are full-time and 53% are part-time. The average age of our students is 29.5. UB has approximately 689 employees of which 179 are faculty. UB is located at the center of the city’s transportation hub, with easy access to the Light Rail, train station and bus routes. For more information about UB, visit www.ubalt.edu/institutionalresearch.

1. SCOPE OF WORK

The University of Baltimore is seeking a company to provide inspection, testing, maintenance, repair, and replacement of the campus’s portable fire extinguishers. The University of Baltimore has the following fire extinguishers:

• Class A extinguishers will put out fires in ordinary combustibles such as wood and paper

• Class B extinguishers are for use on flammable liquids like grease, gasoline and oil

• Class C extinguishers are suitable for use only on electrically energized fires.

http://www.ubalt.edu/institutionalresearch


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• Carbon Dioxide extinguishers extinguish fire by taking away the oxygen element of the fire triangle and also be removing the heat with a very cold discharge.

• Water Class K fires have certain similarities to Class B fires (those fueled by petroleum products), due to the fact that they both involve flammable liquids

• Dry Chemical fire extinguishers extinguish the fire primarily by interrupting the chemical reaction of the fire triangle.

The Contract must:

• Have five (5) years’ experience providing fire extinguisher inspections and maintenance services for a commercial building.

• Be registered (active and current) vendor with Maryland Office of State Fire Marshall (OFSM)

• Provide fire extinguisher provide inspection, testing, and maintenance in accordance with National Fire Protection Association (NFPA) Code 101: Life Safety & Code 10: Standard for Portable Fire Extinguishers – 2018 edition and/or current versions and Maryland OSFM code enforcement regulations.

• Provide testing for fire extinguishers which shall include but not limited to the following:

o Empty and maintain dry chemical extinguishers (that require a 12-year hydrostatic test) every six years. Dry chemical extinguishers that have non-refillable disposable

containers are exempt from this requirement. When recharging or hydrostatic testing is performed, the six-year

requirement begins from that date. • Perform one (1) annual inspection which shall include but not limited to the

following: o Check to ensure extinguishers are in designated location (note for

replacement if missing) o Check and note obstructions, access, and visibility issues o Check extinguisher operating instructions and nameplate are legible and

facing outward. o Weigh each extinguisher to determine fullness o Examine for physical damage, corrosion, missing parts, leakage, and clogged

nozzle o Check condition of discharge hose and nozzle o Check pressure gauge or fullness indicator is reading within acceptable

operable range o Check pull pin for proper operation o Replace tamper seal o Make sure HMIS label is in place o Tag each unit as proof of inspection and to indicate that it conforms to OFSM

code requirements • Use manufacture’s recommendation recharge agent


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• Notify and coordinate all site visitations & access with designated UB representative• Upon the completion of inspection, the contractor must:

o Provide an inspection report of finding for the University’s review within 30 calendars days.

o Provide repair proposals for any deficiencies noted during the inspection within 30 calendars days. NOTE: No work can be performed until a UB Purchase Order has

issued.o Report shall include a notation of age of extinguisher for tracking year of

replacemento Provide a detailed list of expired or failed extinguishers with replacement

cost within 30 calendars days.• Install replacement units at designated locations. Please reference Appendix B –

University’s Fire Extinguisher Locations and Inventory.• All replacement units must be new and not used or refurbished.• Provide a one (1) year warranty for all newly purchased or replacement fire

extinguishers.o NOTE: Warranties shall survive and shall not be deemed waived upon

expiration of the contract.• Upon request, provide the University may purchase additional fire extinguishers for

our inventory at each location .o NOTE: All purchased fire extinguisher must be new (not used or

refurbished). The fire extinguisher must be in accordance with the guideline set forth in National Fire Protection Association (NFPA) Code 101: Life Safety & Code 10: Standard for Portable Fire Extinguishers – 2018 edition and/or current versions and Maryland OSFM code enforcement regulations.

• The University currently does not have Carbon Dioxide Class B/C – 15lbs in stock. However, the University has requested pricing.

2. CONTRACT TERM

The initial contract term shall be for one (1) year, commencing on April 1, 2020 and endingon March 31, 2021.

The University reserves the unilateral right to renew the contract for up to four (4)additional, separately executable, 12 months periods at the same basis of pricing, terms andconditions.

3. QUESTIONS

Each contractor is responsible for reading very carefully and understanding fully the termsand conditions of this RFQ. All communications regarding this solicitation are to be madesolely through the Issuing Office. Requests for clarification or additional information mustbe made in writing via email to [email protected] to the Procurement Office byclose of business on Wednesday, March 4, 2020 only written communications relative tothe procurement shall be considered.



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All questions will be answered in writing. Should a response result in a change to the RFQ, an amendment will be issued in the form of an addendum to the RFQ. Both questions and answers will be distributed, without identification of the inquirer(s), to all prospective contractors who are on record with the Procurement Office as having received this RFQ. No oral communications from the project team can be relied upon for proposal purposes.

4. QUOTE DUE DATE AND SUBMISSION

Quotes, Maryland Office of State Fire Marshall (OFSM) certification, and Attachment A – Contractor Experience/Reference Form are due on Friday, March 13, 2020 at 2:00 PM (ET). Quotes in electronic format, as well as transactions, and communication are permitted for this procurement. Quotes must be sent by TCPIP compliant e-mail sent to the issuing office, [email protected]. E-mail transmissions may only include text transmission (not HTML) and may include attachments in Adobe Acrobat.pdf®, Microsoft® (MS) Windows XP applications or compatible format including MS Word®, MS Excel®, and graphics in .jpg format. Attachments must not be zipped or compressed. Any and all e-mail must include the solicitation number and title on the cover page or subject line. In addition, the University may make copies of solicitations, amendments to solicitations, and solicitation attachments, exhibits, etc. The University may require confirmation of receipt of all e-mail transmissions, by return e-mail (send a response to acknowledge that the original message was received). The date and time for delivery of e-mail delivery of a solicitation and related documents will be the same as the date and time specified in the solicitation for hard copy / paper copy delivery. Delivery will be accomplished at the date and time the transmission is received by the issuing office. Prospective bidders are encouraged to send test messages, and to request confirmation of delivery of e-mail.

5. INSURANCE REQUIREMENT 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 errors, omissions and performance or non-performance by the Contractor, employees or agents, of the work covered by this contract. 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.

The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, including any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under this contract.



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The amounts of insurance coverage specified below shall be the minimum amount of available insurance to satisfy claims; a policy which allows the costs associated with investigating, management or defense of any claim, or any other cost incurred by the insured or the insurance carrier, to be deducted from the policy limits is not acceptable. a. 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 aggregated b. Workmen's Compensation Insurance and Unemployment Insurance as required by

the laws of the State of Maryland. c. Professional Liability Insurance, with a limit of not less than $1,000,000 per

occurrence. d. 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.

e. Products liability insurance, if not included in the Comprehensive, with limits of not

less than $1,000,000 for each person and $2,000,000 for each accident. All policies for liability protection, bodily injury or property damage must specifically and expressly name the University System of Maryland as an insured with respect to operations under the contract and premises occupied by the Contractor. With respect to the Contractor's liability for bodily injury or property damage under the items 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.

Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing 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. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always 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.


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All required insurance coverage’s must be acquired from insurers registered 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. The Contractor must provide the Certificate of Insurance within ten (10) days of recommended contract award.

Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State. The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

6. CONTRACTOR EXPERIENCE

Contractors must complete Appendix A – Contractor Experience/Reference Form. Provide three (3) references for company that your company has provided fire extinguisher inspections and maintenance services for a commercial building. Cited references must be able to confirm, without reservation, the contractor's ability to perform as mandated in this solicitation. Reference information must include, at a minimum, Name and address of the reference firm, name of the contact person the University may contact, telephone number for contract person, e-mail address for contact person if available. References should be from firms that are at least the size of the University of Baltimore.

7. COMPENSATION AND PAYMENT METHOD Payments to the Contractor pursuant to this Purchase Order shall be made no later than thirty (30) days after the University's receipt of a proper invoice from the Contractor. Charges for 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.

8. INVOICING

Invoices for payment are to be submitted to the University’s Project Manager upon completion and acceptance of each inspection. Upon the Project Manager’s concurrence that the work has been performed as per the contract, the Project Manager will approve the invoice (s) and will forward the invoice (s) to UB Accounts Payable for payment. Contractor agrees to include itemized detail on each invoice including quantity, unit of measure, and price. Contractor agrees to include on the face of all invoices billed to the University, its Taxpayer Identification Number, which for individuals and sole proprietors is


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the Social Security Number and for all other types of organizations is the Federal Employer Identification Number. Each invoice must be numbered and dated, and include the remittance address. Contractor’s Federal Tax Identification Number or Social Security Number is __ __ - __ __ __ __ __ __ __ __ __.

9. CONTRACT TYPE

The resulting contract shall be an indefinite quantity contract. The University makes no guarantees of the maximum or minimum number of fire extinguisher to be serviced under any resulting contract. The University also makes no guarantees of the level of service required under any resulting contract. The University may utilize all, two or one of the positions detailed in this solicitation under any resulting contract.


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Request for Quotation Terms and Conditions 1. Quotes containing terms and conditions contrary to the University of Baltimore's terms and

conditions or taking exception to any of the terms and conditions in this Request For Quotation may be considered unacceptable and your quote may be rejected.

2. Quotes on comparable items are invited. Minor deviations in size and operational characteristics from those set forth in this Request for Quotation (RFQ) will be considered when such deviations do not alter nor deter the users from accomplishing the intended use or function. If the product offered does not meet specifications in a minor way, the offeror must clearly indicate in writing how the product(s) deviate from the specifications. The offeror must also explain how their product accomplishes the desired function 67. Bidders who do not comply with this request may have their quotation considered unacceptable.

3. The University will not accept alternate solutions or additional pricing. 4. If you are offering other than the items listed, indicate each unit offered by its manufacturer and

model number on your quote. 5. All shipments are to be made F.O.B. Destination. Quotes that do not include shipping terms

of F.O.B. Destination may be considered unacceptable and may be rejected. 6. If the University receives only a single responsive, responsible quote, the University reserves the

right to cancel this RFQ without award and to resolicit the requirement in an effort to obtain additional quotes

7. The University reserves the right to accept or reject any and all quotes, in whole or in part, received as a result of this RFQ.

8. The University reserves the right to make a whole award, multiple awards, a partial award, or no award at all.

9. Unless otherwise specified herein by the University, all materials are to be new, and of first quality.

10. The University requires the successful offeror to provide a direct manufacturer's warranty, held by the University, and of which the University may avail itself with direct contact with the manufacturer. Please specify the duration of the manufacturer's warranty that will apply to the items offered and indicate if the warranty includes parts and labor.

11. Time is of the essence. Be specific when quoting proposed delivery. Delivery may be a factor considered in making the award.

12. By submitting this Quote, offeror agrees that all prices are valid for 90 days. 13. The University reserves the right to purchase additional quantities of the items listed in this RFQ

as long as the prices remain the same. 14. The University reserves the right to award this quotation in the aggregate, on an item by item

basis or based on groups of items. 15. By submitting a bid or proposal, the contractor agrees to extend the proposal price structure and

discounts to all University System of Maryland campuses and facilities within the state of Maryland.


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University of Baltimore Purchase Order Terms and Conditions 1. Maryland Law Prevails. The provisions of this purchase order shall be governed by the laws of Maryland. 2. Incorporation by Reference. All terms and conditions of the solicitation, and any changes thereto, are made a part of this Purchase Order. 3. Specifications. All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications con-tained in the solicitation (if applicable). 4. Changes. This Purchase Order may be amended with the consent of both parties. Amendments may not change significantly the scope of the Purchase Order. 5. Delivery. Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The Contractor agrees to perform the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrance, from any cause whatsoever, during the progress of any portion of the work specified in this Purchase Order. 6. Acceptance of Goods and/or Services The materials listed in the bid or proposal shall be delivered FOB Destination to the point or points specified on this Purchase Order prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any. 7. Contractor's Invoices. 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 sole proprietors and the Federal Employer Identification Number for all other types of organizations. If a Purchase Order document is issued, the Purchase Order Number must be included. Contractor shall send a separate invoice, in duplicate, for this Purchase Order. 8. 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 completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a Purchase Order, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. 9. Termination for Default. If the Contractor fails to fulfill its obligation under this 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 upon as cause for termination. All finished or unfinished work 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 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. 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.10. Termination for Convenience: Upon written notice to the Contractor, the University may terminate this contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of the University. The University shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits. 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. 11. Conflicting Terms. Any proposal for terms in addition to, or different from, those set forth in this Purchase Order, or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this Purchase Order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this Purchase Order may not be waived. 12. Disputes. This Purchase Order shall be subject to USM Procurement Policies and Procedures. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Purchase Order in accordance with the procurement officer's decision. 13. Compensation Contractor shall be paid only for items or services that are specifically named in this Purchase Order. No additional costs for items or services will be paid by the University without its prior express written consent. 14. Payment of University Obligations Payments to the Contractor pursuant to this Purchase Order shall be made no later than thirty (30) days after the University's receipt of a proper invoice from the Contractor. Charges for 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. 15. Multi-Year Purchase Orders. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Purchase Order shall terminate automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 16. 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 this Purchase Order. 17. Retention of Records. The Contractor shall retain and maintain all records and documents relating to this Purchase Order for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times. 18. Equal Employment Opportunity The Contractor warrants that the contractor shall comply with E.O. 11246, “Equal Employment Opportunity”, as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity, “ and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 19. Rights to Inventions Made Under a Purchase Order or Agreement If federally funded, any inventions created by the contractor in performance of this Purchase Order's experimental, developmental, or research work, if applicable, will become the property of the Federal Government and the University of Maryland in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Purchase Orders and Cooperative Agreements", and any implementing regulations issued by the awarding agency. With respect


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to any subject invention in which the Contractor retains title, the Federal Government and the University shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice on behalf of the United States the subject invention throughout the world. 20. Contract Work Hours and Safety Standard Act. If this purchase order is in an amount greater than $100,000 and is funded by a federal grant, the following shall apply: Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) – Where applicable, if order involves the employment of mechanics or laborers, the contractor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). 21. Non-Hiring of Officials and Employees; Conflicts of Interest. No official or employee of the State, as defined under General Provisions Article § 5-502 whose duties as such official or employee include matters relating to or affecting the subject matter of this contract shall, during the pendency or term of this contract and while serving as an official or employee of the State, become or be an employee of the contractor or any entity that is a subcontractor on this contract. 22. Nondiscrimination in Employment. The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 23. Financial Disclosure. The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $200,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 24. Political Contribution Disclosure. The Contractor shall comply with Article 33, Sections 30-1 through 30-4, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year in which the person receives in the aggregate $200,000 or more, shall file with the State Administration Board of Election Laws 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. 25. Anti-Bribery. The Contractor warrants that neither it nor any of its officers, directors, or partners nor 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. 26. Registration. Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 27. Contingent Fees. The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. 28. 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 purchase order. 29. EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. 30. Occupational Safety and Health Act (O.S.H-4L.). All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 31. Pre-existing Regulations. The regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to 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. PUR-021 (4/19) REV 4.3


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APPENDIX A

Contractor Experience / Reference Form

Bidders shall provide references for at five (5) current clients indicating the Name of the contract, Contact name, address, phone number, and email address. Indicate the contract term and contract value. Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________

Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________

Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________


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APPENDIX B UNIVERSITY’S FIRE EXTINGUISHERS LOCATION

PLEASE SEE ATTACHED DOCUMENT


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ATTACHMENT C

Contract No.: ___________________

This Agreement is entered into between [VENDOR NAMRE]., (hereinafter “Contractor”) and the University of Baltimore, 1420 North Charles Street, Baltimore, MD 21201 (hereinafter referred to as the University or UB). 1. SCOPE OF WORK: The Contractor will provide [SERVICES TO BE RENDERED] for the University of Baltimore per the specifications, pricing, terms and conditions of the following documents: 2. CONTRACT TERM The contract term shall commence on [START DATE]. The contract term shall terminate on [include end date] unless extended or sooner terminated in accordance with the contract. The University reserves the right to renew the contract for up to [RENEWAL OPTION] additional, separately exercisable, 12 month periods, with the same contract terms and conditions at the pricing identified in Quote Reponses. 3. COMPENSATION AND METHOD OF PAYMENT As compensation for satisfactory performance of the work described herein, the University will pay the Contractor an amount not to exceed [include total contract value without renewal options. ] Year 1: Year 2: Year 3: Option Year 1: Option Year 2: Contractor’s Federal Tax Identification Number or Social Security Number is ___ . The Contractor shall be paid only for items or services that are specifically named in this contract. No additional costs for items or services will be paid by the University without its prior express written consent.


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4. INVOICING Invoices shall be rendered to the satisfaction of the University’s designated representative at the[include appropriate Department] and shall be payable as provided. The work shall be delivered free from all claims, liens and charges whatsoever. 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 sole proprietors and the Federal Employer Identification Number for all other types of organizations. If a Purchase Order document is issued, the Purchase Order Number must be included. 5. PAYMENT OF UNIVERSITY OBLIGATIONS Payments to the Contractor pursuant to this Contract shall be made no later than thirty (30) days after the University's receipt of a proper invoice from the Contractor. Charges for 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. 4. MODIFICATIONS This Contract may be amended with the consent of both parties. Amendments may not change significantly the scope of the Contract. 5. 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 contract, 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.

6. MULTI-YEAR CONTRACTS CONTIGENT UPON APPROPRIATIONS If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this 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


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University's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the University 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 University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 7. LIQUIDATED DAMAGES (If required. If not, delete and re-number remaining sections) 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. 8. SPECIFICATIONS. All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in the solicitation. 9. DELAYS AND EXTENSIONS OF TIME The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise 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, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 10. 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. 11. DELIVERY AND ACCEPTANCE Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met.


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The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any. 12. UNIVERSITY WORK RULES. Employees and agents of Contractor shall, while on the premises of the University, comply with all University rules and regulations. Contractor shall acquaint itself with conditions governing the delivery, receiving and storage of materials at the work site if applicable to this work, as not to interfere with University operations. Contractor shall not stop, delay, or interfere with University work schedule without the prior approval of the University’s specified representative. 13. HARMONY. Contractor shall be entirely responsible for working in harmony with all others on the work site when Contractor is working on University premises. 14. CLEAN UP. Contractor agrees to clean up on a daily basis and shall at all times keep the building and premises clean of dirt, trash and debris arising out of the operation of the contract. If Contractor fails to clean up and remove such dirt, trash and debris from the job site, the University may arrange for same at Contractor’s expense. Upon the completion of the work, Contractor agrees to remove promptly all implements, surplus materials and debris if applicable when it is working on the University premises. 15. INSURANCE. If insurance is required by the University, the Contractor shall maintain, during the term hereof, Workmen’s Compensation, Personal Injury and Property Insurance, and if the contract requires use of an automobile, Automobile Liability Insurance, in amounts required by statute. Contractor shall also require its subcontractors, if any, who enter University premises to maintain such insurance. Contractor and its subcontractors shall furnish the University, upon request, with copies of policies or other satisfactory proof of insurance. 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 errors, omissions and performance or non-performance by the Contractor, employees or agents, of the work covered by this contract. 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. The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, including any renewal thereof, adequate insurance as provided below, such insurance to


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specifically include liability assumed by the Contractor under this contract. The amounts of insurance coverage specified below shall be the minimum amount of available insurance to satisfy claims; a policy which allows the costs associated with investigating, management or defense of any claim, or any other cost incurred by the insured or the insurance carrier, to be deducted from the policy limits is not acceptable.

a. 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 aggregated b. Workmen's Compensation Insurance and Unemployment Insurance as required by

the laws of the State of Maryland. c. Professional Liability Insurance, with a limit of not less than $1,000,000 per

occurrence.

d. 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.

e. Products liability insurance, if not included in the Comprehensive, with limits of not

less than $1,000,000 for each person and $2,000,000 for each accident. All policies for liability protection, bodily injury or property damage must specifically and expressly name the University System of Maryland as an insured with respect to operations under the contract and premises occupied by the Contractor. With respect to the Contractor's liability for bodily injury or property damage under the items 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.

Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing 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. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always 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.


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All required insurance coverages must be acquired from insurers registered 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.

16. NON-HIRING OF STATE OFFICIALS AND EMPLOYEES. No official or employee of the State, as defined under State Government Article §15-102 whose duties such as official or employee include matters relating to or affecting the subject matter of this contract, shall, during the pendency or term of this contract and while serving as an official or employee of the State, become or be an employee of the contractor or any entity that is a subcontractor on this contract. 17. DISPUTES. This contract shall be subject to USM Procurement Policies and Procedures. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision. 18. TERMINATION FOR CONVENIENCE. The performance of work under this 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 this contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor shall not be reimbursed for any anticipatory profits that 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 the USM Procurement Policies and Procedures. 19. TERMINATION FOR DEFAULT Termination for Default. (short form). If the Contractor fails to fulfill its obligation under this 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 upon as cause for termination. All finished or unfinished work 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 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. 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. Or b. Alternate Clause -Termination for Default (long form). (1) The University may, subject to the provisions of paragraph (3) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following


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circumstances: (a) If the Contractor fails to perform within the time specified herein or any extension thereof-, or (b) If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the procurement officer may authorize in writing) after receipt of notice from the procurement officer specifying such failure. (2) In the event the University terminates this contract in whole or in part as provided in paragraph (1) of this clause, the University may procure substitute performance upon terms and in whatever manner the procurement officer may deem appropriate, and the Contractor shall be liable to the University for any excess costs for substitute performance; provided, that the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. (3) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the University in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform shall be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if the default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform unless substitute performance for the subcontractor was obtainable from another source in sufficient time to permit the Contractor to meet the performance schedule. (4) If, after notice of termination of this contract 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 default 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 University, be the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this contract 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, and if this contract does not contain a clause providing for termination for convenience of the University, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled Disputes. (5) If this contract is terminated as provided in paragraph (1) of this clause, the University, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the University, in the manner, at the times, and to the extent, if any, directed by the procurement officer, (a) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (b) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would


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have been required to be furnished to the University; and the Contractor shall, upon direction of the procurement officer, protect and preserve property in the possession of the Contractor in which the University has an interest. Payment for completed supplies delivered to and accepted by the University shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the University and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and procurement officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." The University may withhold from amounts otherwise due the Contractor hereunder such sum as the procurement officer determines to be necessary to protect the University against loss because of outstanding liens or claims of former lien holders. (6) The rights and remedies of the University provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (7) As used in paragraph (3) of this clause, the terms, "subcontractor" and "subcontractors" mean subcontractor(s) at any tier. 20. 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 moneys due and owing the State of Maryland, or any department or unit 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 this Contract; c. It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and d. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 21. RETENTION OF RECORDS The Contractor shall retain and maintain all records and documents relating to this Purchase Order for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times. 22. 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 completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. 23. NON-DISCRIMINATION IN EMPLOYMENT


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The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 24. FINANCIAL DISCLOSURE The Contractor shall comply with the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which requires 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 these 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. 25. POLITICAL CONTRIBUTION DISCLSORE The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $100,000 is reached , file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 26. ANTI-BRIBERY The Contractor warrants that neither it nor any of its officers, directors, or partners nor 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. 27. REGISTRATION. Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 28. CONTINGENT FEES. The contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the contractor, architect, or engineer, to solicit or secure this agreement, and that it, has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement.


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29. PRE-EXISTING REGULATIONS. In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article, Annotated Code of Maryland, the regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract. 30. INDEPENDENT CONTRACTOR It is understood and agreed that Contractor is an independent contractor and not an employee of the University. The University will not withhold income taxes, social security or any other sums from the payments made to the Contractor herein. The Contractor shall in no way hold himself out to any third person as an agent of the University. All persons furnished by Contractor shall be considered solely its employees or agents and Contractor shall be responsible for payment of all unemployment, social security and other payroll taxes, including making contributions when required by law. 31. 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 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 final settlement of the Contract, ascertain the facts and make adjustment for extending the completion date as in his judgment the findings justify. 32. TRUTH-IN-NEGOTIATION CERTIFICATION: (Mandatory for architectural services or engineering services contracts over $100,000). 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 of non-current wages or other units of cost, 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 University’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

include any significant sums where it is determined the price has been increased due to inaccurate, incomplete or non-current wage rates and other factual costs.


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33. EPA COMPLIANCE Materials, supplies, equipment or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. 34. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (O.S.H.A.). All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 35. MARYLAND LAW PREVAILS The provisions of this contract shall be governed by the laws of Maryland. 36. INTELLECTUAL PROPERTY Contractor agrees to defend upon request and indemnify and save harmless UB, 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 this Contract. 37. LIABILITY All persons furnished by Contractor shall be considered solely its employees or agents and Contractor shall be responsible for payment of all unemployment, social security and other payroll taxes, including contributions from employees when required by law. Contractor agrees to indemnify and save the University harmless from any claims or demands (including the costs, expense, and reasonable attorney’s fees on account thereof that may be made: (1) by anyone for injuries to persons or damage to property resulting from the Contractor’s acts or omissions or those of persons furnished by Contractor or (2) by persons furnished by Contractor or Contractor’s subcontractors under Workmen’s Compensation or similar acts. Contractor also agrees to defend the University at its request, against any such claim or demand. The University agrees to notify Contractor. 38. CONTRACT AFFIDAVIT The attached Contract Affidavit must be executed by an authorized representative of the Contractor and is incorporated by reference into this Contract. 39. 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 the Contract. 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


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USM/University Policy and Procedures are available in full at the following link: http://www.usmh.usmd.edu/regents/bylaws/SectionVI/ 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 judgment of the University, termination is necessary to protect the safety and welfare of children who come into contact with the University community. 41. SOFTWARE LICENSING (If applicable, If not remove and re-number remaining sections) Licensor represents and warrants that the software, as delivered to the University, 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. The software is hereby warranted to operate in accordance with its user manuals, either automatically, upon the occurrence of Licensor-selected conditions, or manually on the command of Licensor. 42. MBE SUBCONTRACTING REQUIREMENTS (If applicable, If not remove and re-

number remaining sections) Contractor has agreed to subcontract not less than ___% of the Contract dollar total with Maryland Certified MBE subcontractors (including those listed on page ___ of their proposal. Contractor will provide the University with quarterly reports showing the amount invoiced to the University for any work done in that quarter, the MBE subcontractors used, and the amount paid to each MBE subcontractor for that quarter. 43. ELIGIBILITY TO PURCHASE (If applicable, If not remove and re-

number remaining sections) Contractor agrees to extend the proposed price structure and discounts to all University System of Maryland campuses and facilities within the state of Maryland. 44. 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. 45. EQUAL EMPLOYMENT OPPORTUNITY The Contractor warrants that the contractor shall comply with E.O. 11246, “Equal Employment Opportunity”, as amended by E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 46. CONFIDENTIALITY; DISSEMINATION OF INFORMATION


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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 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. 47. MBE SUBCONTRACT REPORTING REQUIREMENTS Contractor has agreed to subcontract not less than ___% of the Contract dollar total with Maryland Certified MBE subcontractors (including those listed on page ___ of their proposal. Contractor will provide the University with quarterly reports showing the amount invoiced to the University for any work done in that quarter, the MBE subcontractors used, and the amount paid to each MBE subcontractor for that quarter. 48. ENTIRE AGREEMENT This Contract represents, in its entirety, the mutual understanding of the parties. The Contract supersedes any and all prior understandings and agreements, either written or oral, between the Agency and Contractor. No subsequent agreements or modifications hereof, whether expressed or implied, shall bind the parties unless the same be in writing and signed by parties.

49. CONFLICTING TERMS. Any proposal for terms in addition to or different from those set forth in this contract or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived. 50. PRECEDENCE If there is any ambiguity, discrepancy or conflict in the terms of the documents referenced in this Contract, the discrepancy or conflict will be resolved by giving precedence to the documents in the following order: First: This Contract Second: The Request For Best and Final Offers Third: The RFP Fourth: The Contractor’s Best and Final Offer Fifth: The Contractor’s Proposal

51. NOTICES

All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows:


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If to the University: Procurement Officer’s Name Procurement Officer’s Address Procurement Officer’s Phone Number Procurement Officer’s E-Mail

If to the Contractor: Contractor’s Name Contractor’s Primary Point of Contact Contractor’s Primary address Contractor’s Telephone Number Contractor’s Email Address

AGREED TO BY: The University of Baltimore AGREED TO BY: (Contractor) By _________________________________ By : _______________________________

(Signature) (Signature) ________________________________ ___________________________________

(Printed name) (Printed name)

Director of Procurement ___________ _____________________ ____________ (Title) (Date) (Title) (Date)


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CONTRACT AFFIDAVIT A. AUTHORITY I HEREBY AFFIRM THAT I (print name and title) ____________________________________________________________ am the duly authorized representative of (business) ___________________________________________ and that I possess the legal authority to make this affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENT AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (1) [ ] Corporation [ ] domestic or [ ] foreign; (2) [ ] Limited Liability Company [ ] domestic or [ ] foreign; (3) [ ] Partnership [ ] domestic or [ ] foreign; (4) [ ] Statutory Trust [ ] domestic or [ ] foreign; (5) [ ] Sole Proprietorship And is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (if applicable) in the jurisdiction 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 of its resident agent (if applicable) filed with the State Department of Assessments and Taxation is: Name and Department ID: _______________________________________________________________ Name: _________________________ Address: ______________________________________________ And that if it does business under a trade name, it has filed a certificate with the State Department of Assessment and Taxation that correctly identifies that true name and address of the principal or owner as: Name and Department ID: _______________________________________________________________ Address: _____________________________________________________________________________ C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT:


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I am aware of, and the above business will comply with, Election Law Article, §§14-101—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, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.) 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’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of

due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that

occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace; (ii) The business’s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement

required by §E(2)(b), of this regulation; (h) Notify its employees in the statement required by §E(2)(b), of this regulation, 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;


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(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), of this regulation.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), of this regulation, 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

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. 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: ______________________________________ G. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.


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I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: __________________ By: ______________________________________(printed name of Authorized Representative and affiant) _________________________________________(signature of Authorized Representative and affiant)

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