office of procurement and contracting request for … · office of procurement and contracting...

OFFICE OF PROCUREMENT AND CONTRACTING

REQUEST FOR PROPOSAL #14-06 “DESIGN OF NEW CULINARY ARTS CENTER”

Issue Date: September 2, 2013

PRE-BID CONFERENCE: DATE: September 13, 2013 TIME: 10:00 A.M. Prince George’s Community College 301 Largo Road Kent Hall, RM. 262 Largo, Maryland 20774

BID DUE DATE: DATE: September 30, 2013 TIME: 10:00 A.M. Prince George’s Community College Office of Procurement and Contracting

301 Largo Road Kent Hall, Rm. 264 Largo, Maryland 20774 PROCUREMENT / ISSUING Prince George’s Community College OFFICE Office of Procurement and Contracting

301 Largo Road Kent Hall, Rm. 264 Largo, Maryland 20774 PROCUREMENT BUYER: LaTonya Holland, [email protected] Senior Buyer

DEADLINE FOR QUESTIONS: September 17, 2013 @ 12:00 p.m.

RESPONSE DATE NO LATER THAN September 20, 2013, BY CLOSE OF BUSINESS

FOR QUESTIONS: NOTE: ALL ADDENDA CAN BE ACCESSED AT http://www.pgcc.edu/businesses/Procurement/requestForBids.aspx www.emaryland.byspeed.com

For inquiries contact: [email protected]

http://www.pgcc.edu/businesses/Procurement/requestForBids.aspx

http://www.emaryland.byspeed.com/

mailto:[email protected]

Prince George’s Community College RFP #14-06

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* *BIDS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO

LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. BIDS SENT BY

FACSIMILE WILL NOT BE ACCEPTED.

PRINCE GEORGE’S COMMUNITY COLLEGE

REQUEST FOR PROPOSAL #14-06 “Design of New Culinary Arts Center”

Table of Contents

1. Purpose of New Construction ……………………………………………………….….....Pg. 3

2. Qualification/Technical Proposal Process …...……………………………………………Pg. 10

3. Scope of Work ……………..………………………………………………………..………Pg. 12

4. Technical Phase Rating/Scoring Form ….………………………………………………...Pg. 19

5. Bid Proposal Affidavit ....…………... ..……………………………………………….…...Pg. 20

6. PGCC Standard Form of Agreement with Architects and Engineers .………………....Pg. 13

7. Special Conditions

Part I – The Architect’s/Engineer’s Services ..…………………………………………..….Pg. 27

Part II – Assistance by the College ..…………………………………………………….….Pg. 32 Part III – Ownership of Documents ..……………………………………………...…….….Pg. 33

Part IV – Fees and Payment………..………….….................................................................Pg. 33

Part V – Special Provisions………………………………………………………………….Pg. 36

8. Conflict of Interest ………………………………………………………………………….Pg. 41

9. PGCC Mandatory Procurement Contract ………………………………………………..Pg. 43

10. Minority Business Enterprise Participation Provisions …..…………………………… Pg. 46

11. Minority Business Enterprise Utilization Affidavit ………...…………………………...Pg. 50

12. References …………………………………………………...……………………………..Pg. 51


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PURPOSE OF NEW CONSTRUCTION

Prince George’s Community College, 301 Largo Road, Largo, Maryland 20774, requests Letters

of Interest, a SF-330 qualification and technical proposal be submitted from architect/engineering firms interested in the Design of New Culinary Arts Center project. The Culinary Arts Center

project will build 10,000+ GSF of space. Presently, most Culinary Art instruction is taught at a Prince George’s Community College extension center located in Capital Heights, Maryland at John E. Howard Elementary School. The new Culinary Arts Center is expected to be open on the

Largo Campus in January 2016, and will support increasing overall enrollment, developing hospitality management, and culinary arts professionals. The new Culinary Arts Center will:

Provide opportunities for experiential learning for hospitality management,

meeting, and event management students within a live facility

Provide professional facility for training and education for culinary arts students

Provide facilities for workforce development, professional continuing education

and personal enrichment training

The new facility will provide instruction in culinary arts, food and beverage service and

management, restaurant management and operations, and meeting, event, conference, and lodging management.

The estimated project budget is $10M (design, construction, FF&E). The College has established a LEED

Silver requirement for this project.

QUALIFYING PROPOSALS

Offerors responding to this solicitation must meet all requirements contained herein. If a consultant

does not meet all technical proposal submission requirements, the College must classify the

consultants bid as unresponsive/unacceptable. Should a proposal be found unacceptable or if an

offeror is found not responsible, the proposal will not be scored and will not be considered further.


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The following criteria must be met for firms interested in submitting technical and price proposals for

the listed project. For consideration and to submit a technical proposal, firms must clearly illustrate

they meet the stated criterion in their technical proposal.

a. Submitting firms must have experience completing a minimum of three (3) design projects

specializing in the foodservice, culinary arts and hospital industry with culinary arts space

(including culinary arts supporting space) within a building over 7,500 Gross Square Feet

(GSF).

b. Submitting firms must have design experience (site development, programming, schematics,

design development, etc., through Construction administration) with Culinary Arts buildings

OR Culinary Arts spaces within buildings.

c. Submitting firms must have design experience with new construction projects. Firms

must have completed at least three (3) new construction projects over 10,000 GSF.

d. Submitting firms must have executed design, permitting and construction administration

work for at least two (2) projects with construction costs of $8M or more.

e. Submitting firms must have executed the above design work within the past ten (10)

years or less from the date of advertisement

PRELIMINARY COLLEGE SPACE CONCEPTS

The following are preliminary spaces to be part of the design scope. The listed spaces are a design

resource and are not all inclusive. The A/E must include and expand upon the design/program intent of all spaces.

Space Title Occupants (Number and Type)

Instructional kitchen “hot” 15 students, 1 Instructor

A. Purpose Of

Space: Provide Instructional Teaching & Catering Space

B. Special

Requirements:

Exhaust and ventilation, dedicated electrical for kitchen equipment and

appliances, sinks, storage for cooking, floor drains, grease trap,

electronic key-card access, Wi-Fi –capable, phone, cooking & prep

tables, instructional kitchen equipment, visual capability to record and/or

view class activity


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Instructional kitchen “cold” 15 students, 1 Instructor

A. Purpose Of Space:

Provide Instructional Teaching & Catering Space

B. Special

Requirements:


appliances, sinks, storage for cooking, floor drains, electronic key-card

access, Wi-Fi –capable, phone, cooking & prep tables, instructional

kitchen equipment, visual capability to record and/or view class activity


Instructional kitchen “baking” 15 students, 1 Instructor

A. Purpose Of


B. Special

Requirements:






Instructional kitchen “demo/community/catering”

15 students, 1 Instructor

A. Purpose Of


B. Special

Requirements:






Hotel room/Event Staff room 6 students/faculty


Demonstrate and each basic hotel housekeeping, provide support space for meeting/conference room


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B. Special

Requirements:

Hotel room closet, Water (full bath), Wall-mounted flat-screen TV, Wi-

Fi –capable, electronic key-card access, phone, murphy bed, built-in

counter space (for small buffet set up), under the counter refrigerator,

wall-mounted hair drier in bathroom, housekeeping cart


Meeting room 40 students, faculty, visitors

A. Purpose Of

Space:

Experiential learning for Meeting and Event curriculum, real-life

meeting space for the college community

B. Special

Requirements:

Wi-Fi –capable, ceiling mounted LCD, retractable screen, house sound

system, smart lectern with microphone, dimmable lighting, conference

table and chairs to seat (40), air walls (between hotel room and dining

room), lighting truss, black-out window shades, tables, portable lectern,

portable dance floor


Dining room/patio/bar 40 diners and 10 students


Experiential learning for culinary, food service management, and bar management students, real life dining opportunities for the college

community

B. Special

Requirements:

Water behind the bar and at the staff work station, Wi-Fi –capable, POS

support, furniture included in meeting room description, awning for

patio, portable bar, outdoor tables (6) and chairs (40), locking cabinet for

outdoor furniture


Pre-event space 40 students, faculty, visitors


Provide welcome/reception area, host guests at opening of events, serve hors d’ouevres and beverages

B. Special

Requirements:

Wi-Fi –capable, sound system, normal office technology at reception

desk and in back office, reception counter with 4 work stations, rolling

coat racks


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Green room 3 visitors


Provide private space for event speakers and other VIP guests

B. Special

Requirements:

Water, Wi-Fi –capable, house sound system, wall-mounted flat-screen,

sofa, easy chair, coffee table, mini-refrigerator, built-in counter, mirror,

connected to private restroom


Linen Room N/A

A. Purpose Of

Space: Store linens when not in use

B. Special

Requirements: Shelving, electronic key-card access


Dish Room N/A


Store dishes and serving pieces when not in use

B. Special

Requirements: Shelving, electronic key-card access


Food storage – dry 6 students/faculty


Store food after purchase and delivery and prior to use in class. Store class product for later use. Teach appropriate receiving, inventory

control, and issuing procedures.

B. Special

Requirements:

Retractable power from ceiling; open shelving, provision of water, metal

shelving throughout, 2 stainless steel work tables, Electronic key-card

access


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Food storage – Refrigerated 2 students/faculty


Store food after purchase and delivery and prior to use in class. Store class product for later use. Teach appropriate receiving, inventory

control, and issuing procedures.

B. Special

Requirements: Open shelving


Food storage – Freezer 2 students/faculty


Store food after purchase and delivery and prior to use in class. Store class product for later use. Teach appropriate receiving, inventory control, and issuing procedures.

B. Special

Requirements: Open shelving


Equipment storage N/A

A. Purpose Of

Space:

Store small kitchen equipment (counter mixers, pans, trays, handheld

equipment, specialty equipment) when not in use

B. Special

Requirements: Metal shelving, Electronic key-card access


Furniture storage N/A

A. Purpose Of

Space:

Store tables, chairs, and risers when not in use in meeting/conference

room and dining room

B. Special

Requirements:

Racks for folded tables and chairs, casters for moving, electronic key-

card access


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Chemical/Cleaning supplies storage N/A


Store cleaning supplies and other non-food (potentially toxic) supplies

B. Special

Requirements: Metal shelving, special exhaust and venting, electronic key-card access


laundry 5 students/faculty


To lander and iron kitchen linens, uniforms, and “public” linens – form meeting and dining rooms

B. Special

Requirements:

Appropriate to large-scale washer, drier, professional press, gas (for

drier), water, venting, rolling laundry bins, washer, drier, press, folding

table, metal shelving, electronic key-card access, Wi-Fi-capable


Single-Use Faculty office 1 faculty and 2 guests

A. Purpose Of

Space:

Faculty planning, class preparation, and grading, conferences with

students

B. Special

Requirements:

Voice/Data access, Wi-Fi-capable, electronic key-card access, printer,

computer, phone, desk, desk chair, guest chairs (2), sidelight or window

in door for clear visibility and security, bookcase, locking filing cabinet


Shared Faculty offices 3 faculty and 4 guests


Faculty planning, class preparation, and grading, conferences with students

B. Special

Requirements:

Voice/Data access, Wi-Fi-capable, electronic key-card access, printer,

computer, phone (3), desk (3), desk chair (3), guest chairs (4), sidelight

or window in door for clear visibility and security, bookcase (3), locking

filing cabinet (3)


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Loading dock/Staging area/Composting/recycling

TBD

A. Purpose Of

Space:

Receiving, inventorying, and breaking down for storage deliveries of food and other supplies, placement of food composting,

paper/metal/plastic recycling, used grease recycling, and non-recyclable, non-compostable waste.

B. Special

Requirements:

2 outside receptacles, composting bin, grease recycling bin,

paper/metal/plastic recycling bin, dumpster, provision of water, Wi-Fi –

capable, one desk and chair inside space

Other spaces and features to be part of the project include: locker rooms (for 30), two “back of the

house” restrooms, public restrooms, reception areas, technology closets, janitors closet, electrical and mechanical rooms, bbq pit, green roof, rain water capture, and a kitchen garden.

QUALIFICATION/TECHNICAL PROPOSAL PROCESS

The selection procedure for this procurement requires an independent College evaluation of the

Qualification/Technical proposal. A price proposal is NOT requested nor should be submitted

at this phase. This separation allows for evaluation of technical proposals on their technical merit only. Each firm shall submit its proposals in a sealed box or container.

All firms shall submit a SF-330 as their qualification/technical proposal. Along with required SF-

330 information, firms must include: - Bid Proposal Affidavit - Financial Responsibility, professional liability insurance

- Minority Information: Include Minority Participation History on past projects, the current plan for reaching Culinary Arts Center Minority Participation goals, and

the projected Minority Participation schedule for the Culinary Arts Center project. The Minority Participation Schedule should include the firm, address, contact

number, MBE Classification, MBE Certification Number, work to be performed, and agreed percentage of contract. ONLY include the contract percentage of the

subcontractors (do NOT include any price information). - Three (3) References and three (3) Letters of Recommendation

Sealed RFP Qualification/Technical Proposals for the “Design of New Culinary Arts Center”, R.F.P. #14-06, will be received for the Board of Trustees of Prince George’s Community College

by the Procurement Officer, Kent Hall, Room 264, Prince George’s Community College, 301 Largo Road, Largo, Maryland, 20774-2199, until 10:00AM, September 30, 2013, and at that time will NOT be publicly opened. Late bids will not be accepted. Bidders mailing proposals should

allow sufficient mail delivery time to ensure timely receipt at the Office of Procurement & Contracting Department. If the college is closed, the bid opening will take place on the next day

that the College is open for business. Each bid will be received in a sealed envelope or box, which shall be plainly marked as follows:


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Project Title: “Design of New Culinary Arts Center”

PRINCE GEORGE’S COMMUNITY COLLEGE – LARGO CAMPUS

Total Number of Qualification/Technical Copies required:

An original, to be clearly identified, and five (5) copies of each Qualification/Technical proposal

must be submitted to the College in order to be considered for the Design of New Culinary Arts

Center A/E Services project. Clearly mark on the coversheet and binder which is the original.

Note, the Design of New Culinary Arts Center A/E proposal Fee MUST NOT be listed anywhere in the Qualification/Technical proposal. The Qualification/Technical Proposal should be absent of any specific Design of New Culinary Arts Center A/E Fee costs.

Delivery Instructions:

Deliver proposals to:

Prince George’s Community College 301 Largo Road, Largo MD 20774 Office of Procurement

Kent Hall, Room 264 (Attn: LaTonya Holland)

Pre-Bid Proposal Conference and Site Visit

Note: A Pre-bid Proposal Conference will be held September 13, 2013 @ 10:00AM in Kent Hall

Room 262. If the College is CLOSED the Pre-bid conference will take place at the same time on the next day the College is open for business. The Pre-bid conference is not mandatory; however, the College encourages participation.

Bid Questions

Bid questions must be emailed to the attention of LaTonya Holland at [email protected], Office of Procurement and Contracting no later than 12:00 PM September 17, 2013. Bidders are advised

that the College reserves the right to use its best judgment in choosing to respond or not to respond to any questions received after the above stated cut-off date for questions. Firms must carefully examine the RFP and related documents. Should any firm find discrepancies or omissions in this

RFP or be in doubt as to the context or meaning of any aspect of this document, the firm should direct inquires and/or requests for clarification of the documents in writing to procurement.


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SCOPE OF WORK (Refer to Special Conditions Part I; The Architect’s Engineer’s Services for additional Requirements)

1. At a minimum, the following disciplines are expected for the Consultant’s team/staff:

a) Architect b) Interior Designer

c) Mechanical (HVAC Engineer, HVAC Controls) d) Plumbing Engineer

e) Electrical Engineer including a Lighting Specialist f) Structural Engineer g) Site Civil Engineer

h) Landscape Architect i) Fire Protection Engineer

j) Telecommunications and Data Specialist k) A/V Technology Specialist l) Geo-Technical Engineer

m) Cost Estimator/Scheduler n) Energy/LEED Analyst

o) Commissioning Agent: Include enhanced commissioning as part of the scope of work. Enhanced commissioning must follow the latest LEED guidelines applicable, and will be required to support any new changes in LEED guidelines should they be

released during the project. The firm serving as a commissioning agent must be independent of the design firm. See EA Credit#3 – Enhanced commissioning for

other requirements.

2. The consultant shall submit for approval to the College the name of an individual either in

his/her own work force or as a consultant, to act as Energy/LEED Analyst for the renovation and expansion project. The Energy Analyst shall have proven experience in

energy design analysis and shall be a registered engineer or architect. The role of the Energy/ LEED Analyst shall be to:

a. Coordinate disciplines within the design team to achieve energy efficient design and ensure LEED Silver certification

b. Review architectural, mechanical, and lighting submittals for compliance to energy guidelines prior to submission to the College

c. Serve as the primary contact point for the College’s Facilities Management department

d. Perform energy and LEED analysis and influence the building design to achieve the

College’s desired LEED status

e. Coordinate commissioning into the design and construction process

f. Ensure the Maintenance Management and Equipment Management process is completed

3. The consultant shall have foodservice, culinary arts and hospital industry design experience


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to handle the specific needs of an academic culinary arts center.

4. The consultant will need to provide the College, Site Analysis and Program Development,

Preliminary Design, Schematic Design, Design Development , Interior Design contract

documents, Fixture and Equipment selection, Construction Documents, Construction Phasing Coordination, Bidding of Construction services, Construction Administration,

Completion & Acceptance Services. Design performance criteria shall comply with applicable sections of the Maryland Department of General Services (DGS) Procedure Manual for Professional Services, July 2010 edition (available on line at dgs.state.md.us).

Design stage submissions to the College shall include at a minimum: Schematics, 50 percent design development, 95 percent and 100 percent construction documents

(specifications and drawings). Documents to be submitted to the College by means of (hard copies, an electronic CD, and a post of the drawings to an FTP site). The College shall receive a minimum of ten hard copies (4 full-size, 6 half-size sets). The College shall

also receive at each submission five single sheets of just the Floor Plans (full-size). In addition, if requested by the College, the consultant shall also provide AutoCAD files.

5. The consultant shall complete all work based on a mutually agreed design schedule.

6. Attend a pre-design meeting and walk-thru of the existing facility.

7. Design installation of all components for a fully function and state-of-the art Culinary Arts Complex, to meet College requirements as described in the Culinary Arts RFP. It will be the responsibility of the consultant to consult with the college to verify requirements, and

recommend building elements.

8. Work with a project team comprised minimally of representatives from Facilities Management, Technology Services, and Hospitality, Tourism, and Culinary Arts.

9. The consultant should attend as many progress meetings with the College as are necessary to complete the Culinary Arts scope of work. The consultant will serve as the technical

advisor to the College for specific problems or modifications that arise during the course of the design and construction, including program interpretation. The consultant will be responsible during the duration of the contract to recommend solutions and alternatives

that provide the College with creative, cost effective solutions that obtain the College’s goal, which is to build a state-of-the art Culinary Arts Facility. In additional to regularly

scheduled design meetings, the consultant shall also attend and provide designs at (1) one Senior Team meeting.

10.Perform and provide a detailed survey of the surrounding site areas. The detailed survey shall provide the detailed information necessary to place the current building configuration

into an electronic format that is dimensionally accurate. Original construction documents and some modification plans are available for reference; however, there are no assurances that the reference files or records are complete or accurate. The consultant is responsible

for accurately defining existing condition dimensions and spatial relationships. The consultant shall prepare a survey that documents all existing conditions of the site. Any

design modifications required to existing systems shall be included in the scope of this work. The extent of the information and work required by the survey shall include, but not be limited to, all existing topography, utilities, roads, parking lots and site

improvements, sidewalks, pedestrian spaces, significant vegetation and natural features,


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and any legal restrictions that might be applicable. Provide all necessary surveys including pertinent data concerning all applicable rights-of-way, easements, restrictions,

etc. to the College. Perform all necessary test, borings, samples and sub-surface tests as required by Prince George’s County and the State of Maryland Department of General

Services Procedure Manual for Professional Services.

11.Identification of methods of installation and connection with building utility services and

provision of necessary clearances for convenient safe use and maintenance of equipment shall be included in the interior design documents. These documents shall be fully

coordinated with mechanical, electrical, structural, plumbing (i.e. building systems) and all other pertinent construction documents. All utilities that need to be extended or modified to meet College standards and the demands of the new building shall be in contract and

shall be designed by the firm. The design-build firm will be required to coordinate with all utility agencies such as Verizon, Pepco, WSSC and Washington Gas. A new emergency

generator will be required.

12. Design improvements include new sidewalks, walkways, a parking lot, site lighting,

landscaping, storm water improvements, security improvements, etc. The new parking lot should be located adjacent to the Culinary Arts Center.

13. Ensure the Culinary Arts Center fire, mass notification and life safety systems are

compatible and conform to the Colleges standards. Incorporate the design of security,

safety and mass notification in the facility.

14. Telecommunications systems are an integral part of the facility so the consultant shall coordinate with the College to ensure telecommunications specifications are in full compliance with the college’s technology standards at the time of design and construction.

15. It is expected that all engineering specialists and consultants on the Architect of Records

team make site visits as necessary to perform site analysis, research, attend meetings and coordinate with the Architect of Records and/or College as necessary to complete the Construction documents. All cost of this work shall be in the original bid of the Architect

of Record.

16. Provide calculations, charts, drawing, layouts graphs, photographs, actual samples, outline specifications, etc to support conclusions for proposed design (at all design phases). Information is to be provided to the College in both digitized and flat copy formats. The

College shall be provided professional 3D colored renderings which should be framed and matted suitable for both permanent display and black and white reproduction. An 18”x24” preliminary building/site rendering for college presentations will be required during the

schematic phase. Two 4’x8’ building design development renderings which will be displayed outside the current site will also be required. Each of the two renderings will

illustrate the building and include information about sustainability, College programs to be housed in the building and other pertinent information. When requested, rendering files should be turned over to the College for marketing and fundraising purposes. The A/E

should work with the College to turn over the files in a format the College can use. In addition to renderings, the consultant shall produce and present to the College 3D graphics

and computer assisted models. A 3D computer model will be required early in the design stage and must be developed and modified until final College approval.


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17. The consultant should propose site use and improvements, selection of materials, building

systems and equipment, and methods of project delivery.

18. Work with any contractors on campus that interface with the Culinary Arts Center

building or the buildings adjacent property.

19. Advise the College of all life-cycle options, energy saving options and ways to reduce energy. Submit supporting recommendations, Schematic Energy Analysis, and reports to the College for review, comments and approval. The Consultant must modify any

parameters the College determines to be contrary to its guidelines or current plan for the Culinary Arts Center.

20. Provide periodic construction cost estimates as requested by the College during the design

phase. At a minimum, an estimate will be required at each design phase (Schematics,

50%, 95%). Estimates and projections of all costs connected with the renovation of the facility shall include items such as expansion, renovation, material section, equipment

installation, utility extensions, and site development. The Estimate should be presented to show, demolition, new construction cost, furniture, fixtures and equipment cost, utility extensions, site development and any other special item stipulated by the College. The

consultant is responsible for keeping the construction cost under the given budget. Should the consultant determine that construction costs are above the given budget, the consultant

must immediately notify the Facilities Management Department in writing of the reason for increase, and ways to bring the project back in line within the budget.

21. The consultant shall propose alternatives to the College for approval and then structure the construction documents with sufficient (10%+) alternatives in order to avoid cost delays

associated with re-bidding.

22. All designs shall comply with the latest edition, amendment or revision of applicable

standards, regulations and code sections. All work provided shall comply with applicable provisions of the following, where standards conflicts, the more stringent shall apply: IBC-

2012, IRC-2012, IEBC-2012, IMC-2012, NFPA 101-2009, NFPA 1-2009, NFPA 70 (NEC)-2011, National Standard Plumbing Code-2009, IECC-2012, ADA-2010.

23. Prepare detailed technical specifications, drawings, and bid proposals & information incorporating the College standard format for all work, to the satisfaction of the College.

All specifications are to be non-proprietary and performance based. Information is to be provided to the College in both digitized and flat copy formats. Drawings and specifications shall determine quality of materials and workmanship, finishes, and shall

contain sufficient information as to enable the contractors to make accurate estimates of quantities of materials as a basis for bids as well as construction and installation. The

construction documents shall include a project book containing the product specifications and general means and methods of installation of furniture and equipment systems. The consultant shall clearly detail in the construction documents the requirements of the

contractor to provide detailed and comprehensive operation and maintenance manuals for all equipment and systems in an organized format approved by the College. The

consultant shall stipulate the requirement for attic stock and spare part allowances for early consumables such as filters for air handling equipment.


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24.Provide a complete and integrated interior design package. The design package shall

include all services, samples, product information, color presentation boards, renderings, drawings, specifications, and cost estimates. These services shall include but not be limited to the interior design and coordination of the building; selection and or

coordination of interior paint colors, finishes, and materials; design of wall, floor, and window treatments; architectural signage and graphics (interior and exterior); art work,

and accessories. The package shall also provide for the inclusion of all furniture, fixtures, and accessories. All furniture, fixtures, and equipment shall be shown in plan and elevation as necessary to demonstrate that all programmed functions can be

accommodated. The consultant shall provide design coordination services for any equipment requiring special environmental conditions and/or building system conditions

and connections as well as public space furniture.

25. In addition to the given County construction budget and beyond completing the required

permit and county documents, the consultant shall also provide separate documents indicating and specifying additional College funded items that are to be part of the project. The College funded documents will be separate from the Contract and permit drawings

and shall show all details and specifications needed to procure additional culinary arts items using College funds. The consultant shall work with the College to develop items

that can be grouped into a College funded package without affecting the contract and permit drawings. Items could include equipment and furniture.

26.Movable Furniture Coordination: The consultant shall work with the College to select final movable furniture. The College will assist the firm in preparing a final list of furniture

requirements.

27.Item Coordination: The firm shall coordinate with the college for specific types of

information. Items, such as door hardware (all doors to include the College’s standard electronic card reader), toilet fixtures and accessories, telecommunication types and

devices, and mechanical equipment, are part of an overall campus standard. The firm shall ensure that all items specified comply with current or projected standards as set forth by the College.

28. The consultant shall prepare issue and submit finish schedules, color schemes, and finish

samples to the College for approval. The submission must be in a format that the College can present the schedules/schemes to a large group or the College’s Senior Team. Finish boards will be required and they shall present various recommendations and options. Once

finishes are approved, (2) two finish binders with samples of the finishes will be required.

29.Design an identification and directional system to communicate information essential to

the operation of the facility. Signage is to include, but not be limited to: Exterior building identification signs at the main entrance(s) consistent with PGCC standards for exterior

and way-finding signage; Interior signage that conveys needed information and compliments the interior finishes of the building; Interior building directories; Room number and name identification for all rooms; signage for specialized spaces; Special

donors and sponsors signs; evacuation procedures; means of egress in accordance with the fire and building codes; Interior directional/ wayfaring signage; Boards, display cases, and

electric messaging signage in public and departmental areas; LEED and building plaque signage


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30. Update the campus Site Plan showing the new Culinary Art Center. The College will

provide the current Site Plan.

31. The consultant will be responsible for advising the College what permits (during the

design and permitting phase) are needed. Assist the College in obtaining permits (i.e. MDE, DPW&T, MNCPPC, Prince George’s County, etc,) and approval for all

construction documents required by State and local authorities. Should reviews by the College, Maryland State agencies, local, county or regional agencies require changes to the drawings and specifications, The consultant at no additional cost shall make all necessary

changes required in order to achieve required approvals or permits.

32. Conduct a pre-bid meeting and walk-through at the site for all interested contractors. Respond to contractor inquiries regarding the project.

33. Attend bid opening onsite.

34. Receipt and tabulation of all construction bids.

35. Should the low bid exceed the estimated probable construction cost/budget the consultant,

at no additional cost to the College shall provide the necessary revisions to the bid documents to modify the documents to be rebid within the funds available.

36. Review bids and check references (3) of contractors. Provide written recommendation

documenting the responses of the references for successful bidder.

37. Record and distribute “minutes” for all project meetings attended (design and

construction). Participation at construction meetings will be required.

38. Conduct a pre-construction conference with the College’s representatives and the

contractor’s field leaders. Review and approve contractor’s submittals and payment requests.

39. Review all contracts, bonds, and other standard forms necessary for the project.

40. Review and approve all shop drawings, product data, material samples, schedules, substitutions, and other submittals prior to submission to the College for final approval.

41. Inspect the work at the start of each new activity and weekly thereafter to ensure

adherence to plans and specifications. After inspection, a written report will be provided

to the College. The consultant shall reject work that does not conform to the requirements of the Construction Documents.

42. Review contractor’s proposals for change orders (scope and cost) and make

recommendations and comments as to the validity of the changes, and if they should be

approved, modified or rejected. In the event that change orders are accepted and executed as a result of an architectural/engineering omission or design error, the consultant shall

provide, at its sole expense any related services to include, but not limited to needed site visits, meetings, research and revised drawings.

43. Review contractor’s request for information and provide responses in a timely fashion.


18

44. The consultant shall make additional site visits to resolve conflicts due to design

deficiencies in a prompt manner (no longer than 24 hours).

45. Review and recommend for approval Contractor payment applications. The consultant

should advise the College of any inaccuracies and /or issues with the payment application based on site observations and the Consultants professional judgment.

46. Prepare a written punch list sorted and organized as directed by the College when notified

by the contractors that the contract work is completed.

47. Conduct final inspection of the work and follow-up inspections as necessary to insure

completion of punch list and warranty items.

48. Recommend final acceptance of work, where appropriate and requested for by the

College. As Architect/Designer of record, certify installation as complying with Prince George’s County’s Commercial Inspection Program requirements.

49. The consultant shall conduct inspections to determine the date or dates of Substantial

Completions and the date of final completion. The consultant shall forward to the College

warranties and similar submittals required by Contract Documents. The Consultant shall issue a final Project Certificate for Payment upon compliance with the requirements of the

Contract Documents.

50. Provide the College with five copies of as-built data including amending drawings as

approved. The copies shall be as follows (3 hard copies, and 1 electronic PDF CD, and 1 electronic AutoCAD file).

51. Prepare a set of “record” drawings which shall be coordinated with the contractor and

include distinctive color-lines, indicating all changes which have been made during

construction. This information shall be based on records kept on the job site by the contractors and items noticed and documented by the consultant.

52. Review contractor’s O&M’s to ensure completeness. The consultant shall reject O&M’s

that are incomplete, inaccurate or below standards.

53. Provide space tabulations by room of net assignable square footage (NASF) and total

gross square footage (GSF) for the building, organized by a HEGIS Code breakdown. The tabulations should follow the College’s standard Building HEGIS Code format.

Example of a typical line from the required Excel summary sheet.

HEGIS Code

Room No.

Room Description Capacity Projected Seating

Width Length NASF

110 1201 GENERAL

CLASSROOM 30 30 26.67 31.5 840


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TECHNICAL PHASE RATING/SCORING FORM

The College’s Technical Proposal Evaluation team will rate and score the proposals based on the following: _________________________________________________________________________________________________________

TOTAL MAX. POINTS

TEAM EXPERIENCE (40 PTS) SCORE COMMENTS_____________

A. Rate key personnel & experience of Individual Team members . Completeness of Resumes/ Did resumes include all required items per the RFP/SF-330 . Background appropriateness of Project Team . Project Experience of individual Team members . Depth and overall expertise of Team ________________________________________________________________________________________________________

TOTAL MAX. POINTS

PROJECT EXPERIENCE (40 PTS.) SCORE COMMENTS___________

A. Rate quality and depth of related projects . Evaluate the similar projects presented compared to the Culinary Art Center project. . Rate overall quality & depth of projects and the firm’s capacity to successfully complete projects of equal or greater complexity to the Culinary Art Center new construction project . Did projects presented include all required items per the RFP/SF-330

_________________________________________________________________________________________________________

TOTAL MAX. POINTS

ADDITIONAL INFO (20 PTS ) SCORE COMMENTS_______________

A. Inclusion of all required RFP/SF-330 information including:

. Bid Proposal Affidavit

. Financial Responsibility, professional liability insurance

. Other additional information required by the RFP

. Minority Participation History, Current Plan, and Participation Schedule

. Quality & Depth of References and Letters of Recommendation . Where the required numbers of References and Letters of Recommendation included


20

BID/PROPOSAL AFFIDAVIT

A. Authority

I HEREBY AFFIRM THAT:

I (print name) possess the legal authority to make this

Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this

project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has

not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated

Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation,

selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color,

religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any

otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or

owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of

"discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the

certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on

this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith

submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or

administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors,

suppliers, or commercial customers, and a description of the status or resolution of that determination, including any

remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as

described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business

Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that,

except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or

proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to

identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid

or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false,

such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and

terminate any contract awarded based on the bid.

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and

agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and

Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:


21

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently

obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to

which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran–owned small business

enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or

false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the

person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration,

statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud

is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or

document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12;

or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a

provision of §B-2(1)—(5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-

101(b) of the State Finance and Procurement Artic le 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 adminis trative body, the

sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the

business):

.

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors,

partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities

including obtaining or performing contracts with public bodies, has:

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


22

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

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

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

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

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

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

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

Procurement Article of the Annotated Code of Maryland;

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

of Maryland;

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

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

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

submission of bids 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):

.

E. AFFIRMATION REGARDING DEBARMENT


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).


23

.

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat

the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the

Annotated Code of Maryland; and

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

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

.

G. SUB-CONTRACT AFFIRMATION


Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a

contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and

Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services,

architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION


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 pr ice or price proposal of

the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in

connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged 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.

J. CONTINGENT FEES



24

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide

employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or

secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other

entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or

any other consideration contingent on the making of the Contract.

K. CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated

Code of Maryland:

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

activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and

(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article,

§17-702, Annotated Code of Maryland.

2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the

following activities:

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND

SERVICES CONTRACTS)


The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of

Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic

Republic of Congo or its neighboring countries as required by federal law.

M. 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.

Date:

By:

(print name of Authorized Representative and Affiant)

(signature of Authorized Representative and Affiant)


25


STANDARD FORM OF AGREEMENT WITH ARCHITECTS AND ENGINEERS

THIS AGREEMENT, made this ____ day of _______ 2013, between the Board of Trustees of Prince George’s Community College, hereinafter referred to as the “College”, and Engineered Building

Solutions, Inc., hereinafter referred as the A/E,

WHEREAS, the A/E having been fully informed as to the scope of the Project and having read

and examined the College’s program, titled

and dated _________2013, and as amended

and having represented himself to be professionally qualified to render the professional services detailed herein, having submitted Standard Forms Nos. 254, dated ___N/A___ __, and having submitted his technical proposal and price dated ______________________2013, and

______________________2013, Based on the Program as amended referred to above, which are all incorporated into this Agreement by reference, all upon which the College relies as an indication of

the A/E’s ability to satisfactorily execute the professional services covered by this Agreement; and WHEREAS, the College has available funds in the total amount of_____________________________

______________________________________ Dollars ($______,___)

PROVIDED BY (Source(s) of Funds) Prince George’s County and State of Maryland to be used for

the purpose of Architectural/Engineering Design Services for the Queen Anne Academic Center

Renovation and Addition, hereinafter referred to as the Project; it being clearly understood that said

funds are to include all fees and expenses of the A/E and all construction costs, if provided for in

Source of Funds; and being further understood that said funds may not be added to or supplemented

except by action by the State of Maryland and/or Prince George’s County and/or the Federal

Government.

NOW THEREFORE, the College does, under the conditions named herein, hereby employ the

A/E for rendition to it, of professional services to said Project as hereinafter set forth. The

compensation to be paid to the A/E for professional services rendered to the Project, including all fees

and expenses, pursuant to the Agreement and based on A/E’s proposal referred to above, shall be

_______________________________________________________________ Dollars ($______,___)

Which shall be the total compensation for all five (5) Phases provide for hereinafter, it being understood that the total compensation to be paid shall be divided among each individual Phase as follows, with the College retaining the right to limit this Agreement to less than five Phases.


26

PHASE 1 $____________ PHASE 2 $___________ PHASE 3 $___________

PHASE 4 $____________ PHASE 5 $__________ *REIMBURSABLES $________

This Agreement shall cover the following Phase(s): Project Acclamation, Construction Document

Preparation, Bidding, and Construction provided that if this Agreement is limited to less than five (5)

Phases, the College may extend this Agreement to cover additional Phases, said extension to be in

writing.

The provisions of this contract shall be governed by the laws of Maryland.


27

SPECIAL CONDITIONS

PART I THE ARCHITECT’S/ENGINEER’S SERVICES

A. The A/E’s services shall consist of five (5) separable principal phases, (1) Schematic

Design, (2) Design Development Phase, (3) Construction Documents Phase, (4) Bidding Phase and (5)

Construction Phase. In rendering these services the A/E shall:

1. Be solely responsible for the technical completeness and sufficiency of all

Construction Documents which the A/E is required to provide under this Agreement.

2. Comply with the building Codes of the State of Maryland and Prince George’s

County and other pertinent State and County Regulations.

3. Advise the College of the identity of any professional consultants proposed to be

engaged by the A/E prior to the execution of this Agreement, and upon such execution and receipt to

the College’s approval of such consultants, to engage the same. Such engagement shall not constitute

an engagement of such consultant by the College. In all instances consider the term A/E plural to

include action by consultants as appropriate and all consultants engaged by the A/E shall be bound by

the terms of this agreement.

4. Attend all conferences with the College President or persons designated by him,

necessary to execute the various phases of the Project.

5. Render to the College all reasonable studies as deemed necessary by the College.

In the discretion of the College, whenever special studies or special consultants are required, the

College may direct the A/E to undertake or engage the same and in such case, and in the discretion of

the College, the A/E shall be compensated for the same by agreement of both parties.

6. Achieve economy in construction by simplification in design, by standardization

in materials, by minimizing architectural embellishments and the like where appropriate.

7. Expeditiously develop the required documents with a view to providing

completed work at the earliest practicable date. All documents shall anticipate a complete project ready for efficient and continued use, all as more specifically detailed in the State of Maryland Department of General Services’ Procedure Manual for Professional Services in effect at the time

of the execution of this Agreement, which is incorporated by reference and made a part of this Agreement. In the events of any conflict between the provisions of this Agreement and the

provisions of the Department of General Services’ Procedure Manual for Professional Services, the provisions of the Agreement shall govern.

8. Be responsible directly to the College, the President of which is the agent

and duly authorized representative of the College to whom the A/E shall direct all communications and submit all documents for approval and from whom the A/E shall receive all directions

concerning the Project and approval of all documents in writing. In the event the documents submitted by the A/E in satisfaction of the Schematic Design Phase, Design Development Phase,


28

Construction Documents Phase, and Bidding Phase are not approved in the form submitted, the

A/E at its own expense shall revise the same until approved by the College, which approval shall not be unreasonable withheld; provide, however, if the nature of the revision required to be made by the A/E is caused by revising previously approved drawings and/or specifications, to

accomplish changes not initiated by the A/E, he may be paid at the discretion of the College for effecting such revisions as hereinafter provided. Such revisions as aforesaid which shall occasion

additional compensation to the A/E shall not be commenced without written authority of the College.

9. Complete all additional Scope of Work items listed in the projects Request for

Proposal (RFP). In case of conflicts between RFP Scope of Work Services the more stringent contract

language shall apply.

10. There shall be no press releases without the prior approval of the College.

B. In rendering professional services for preparation and furnishing of the SCHEMATIC

DESIGN PHASE requirements, the A/E shall:

1. Use as the title of the Project in all drawings, documents and correspondence that

as shown above.

2. Visit the site of the Project and familiarize himself fully with the use, operational

conditions and limitations of the said site and when necessary obtain measurements and other

information relative to existing improvements.

3. Based upon the information provided under Part II, A., 1., to A. 4. Inclusive, of

this Agreement, together with such amendments as may be found necessary as the result of a

predesign conference with the parties concerned, prepare and submit for the College’s approval,

documents to illustrate the size and relationship of the Project components, as follows:

a. A sketch site plan showing the Project structures, as related to the existing

and proposed utility lines, roads, walks, grades, parking facilities and other

structures in the immediate vicinity as well as the relationship of the

Project to future improvements which are not a part of this Project, but

which are intended to become a part o f a larger and more comprehensive

development of the site upon which this Project is to be located and

become a part.

b. Photographs of the Project site, adjacent structures and surrounding area to

generally record the nature and character of the environment.

c. Schematic single line floor plans indicating the general space layout, block

elevations, sections and a narrative description of the structural, mechanical

and electrical systems.

d. A statement of probable construction cost upon the Standard D.G.S. Cost

Estimate Work Sheet, based upon the Schematic Design Documents


29

applying the area, volume and other unit costs currently prevailing in the

geographical region where the Project is to be built.

e. A single line perspective or isometric drawing or simple block model.

f. When directed by the College, the above data shall be reviewed by such Committee as the College may appoint for such purpose.

C. The DESIGN DEVELOPMENT PHASE will commence with the A/E receipt of the

College written approval of the documents comprising the Schematic Design Phase, and where

required, a written extension of this Agreement, based upon which the A/E shall prepare:

1. Drawing and other data which are a development of the documents comprising

the Schematic Design Phase, including all floor plans, elevations and cross sections.

2. A site development plan indicating the Project structures as related to the

existing and proposed utility lines, roads, walk grades, parking facilities and other structures in the

immediate vicinity.

3. Outline specifications stating the proposed materials, methods and systems,

including structural, mechanical and electrical, to be incorporated in the Project.

4. A statement of probable construction costs upon the Standard D.G.S. Cost

Estimate Work Sheet based upon a labor and material take off which he shall make from the Design

Development Documents, applying costs currently prevailing in the geographical region where the

Project is to be built.

5. A professionally prepared color perspective rendering in a suitable medium

when the Project includes a new structure or major addition to an existing structure. The rendering

shall include related improvements, which have a bearing upon the aesthetic design of the Project, and

shall be determined by the conferences with the President or his designee.

D. The CONSTRUCTION DOCUMENTS PHASE will commence with the A/E’s receipt

of the College’s written approval of the documents comprising the Design Development Phase, and

where required, a written extension of this Agreement, based upon which the A/E shall prepare:

1. A complete set of architectural, site, structural, mechanical and electrical

drawings on linen or acetate and specifications. The various drawings shall be carefully

coordinated by the A/E so as not to conflict with the other. Drawings and specifications shall be

made in accordance with high professional standards and shall indicate clearly, accurately and

precisely, in such detail as may be necessary, what is to be furnished, how where and final results

to be obtained as to architectural detail, structural strength, clearances, mechanical and electrical

sufficiency, general adaptability and dimensional accuracy.

2. Periodically during the preparation of Construction Documents, an estimate

of the probable construction costs of the Project as contemplated by such Construction Documents


30

and if, in the exercise of the A/E’s professional judgment, such probable construction costs will

exceed the estimate of probable construction costs previously approved by the College at the end

of the Design Development Phase and if the A/E is unable to effect cost reduction revisions in the

Construction Documents without deviating from the design and intent of the previously approved

documents comprising the Design Development Phase, the A/E shall advise the College to such

effect in writing, cease all work under this Agreement and await instructions which the College in

due course shall issue to the A/E concerning future actions to be taken under this Agreement. In

the event the A/E in the exercise of his professional judgment has not detected the conditions

described in this subparagraph during preparation of Construction Documents, then upon

completion of same and based thereon, the A/E shall prepare a statement of probable construction

costs and a detailed labor and material take off applying cost currently prevailing in the

geographical region where the Project is to be built.

3. Upon completion of Construction Documents, submit copies thereof to the

College for review and signature.

4. A Bid Form in accordance with Standard Form supplied by the College.

E. THE BIDDING PHASE will commence with the A/E’s receipt of the College’s written

approval of the documents comprising the Construction Documents Phase, and where required a

written extension of this Agreement based up which the A/E shall:

1. Supply for bidding and construction purposes the following copies of approved

documents:

Bid Form (loose) – 40 copies

Specifications – 40 copies Drawings – 40 copies

2. Interpret documents during the bidding period in the form of addenda and supply

copies to the College for distribution.

3. On the date the bids for the general construction of the Project are returnable to

the College, attend the opening thereof at the designated time and place.

4. Analyze the bids when received and recommend to the College relative to the

construction contract award.

If the Project is bid no later than the schedule date agreed upon and should the low bona fide bid

exceed the funds appropriated by the Legislature for the construction of the Project, the A/E

without additional compensation, shall analyze the bids and make recommendations to the College

as to ways and methods to reduce the costs of constructing the Project to a sum which does not

exceed said appropriation, however, such recommendation shall not include any deletions which

render the project incomplete or unfinished and thereby necessitate expenditure for funds in excess

of those specified in this Agreement; and


31

1. After consultation with the College, alter or redraft the documents as necessary

to accomplish the necessary reduction in cost; and

2. Repeat as necessary or appropriate the services as described in Part I., A.8., E.1., through E.4.

If through no fault of the A/E the Project is bid substantially later than the scheduled date

agreed upon and this caused a bid in excess of the funds appropriated for the construction of the

Project and if the A/E is required by the College to make changes to Construction Documents, then the

A/E shall be compensated on the basis of a negotiated fee, in the discretion of the College.

F. THE CONSTRUCTION PHASE will commence with the award of the contract for the

general construction work required for the Project, and where required a written extension of this

Agreement, during which period the A/E shall:

1. Consult with the College as the construction work progresses. All of the

College’s and the A/E’s instructions to the Contractor shall be issued by the College President or his

designated representatives.

2. Make periodic visits to the site as the progress of the work or the College may

reasonably require and not less than once a week; attend Project progress meetings to familiarize

himself generally with the progress and quality of the work and to determine in general if the work is

proceeding in accordance with the Contract Documents. In making such periodic visits to the site and

on the basis of such on-site observations the A/E shall endeavor to guard the State against defects and

deficiencies in the work of the contractor and shall report construction means, methods, techniques,

sequences, procedures and safety precautions and programs employed by the Contractor in

discharging the work. The A/E shall not be required to make exhaustive or continuous on-site

inspections to check the quality of the work The foregoing provisions of this subparagraph

notwithstanding, the A/E shall not be responsible for: construction means, methods, techniques,

sequences and procedures, or for safety precautions and programs in connection with the work; the

Contractors failure to carry out the work in accordance with the Contract Documents; and the acts or

omissions of the Contractor or any Subcontractors, or any of the Contractor’s or Subcontractor’s

agents or employees, or any persons performing any of the work.

3. As requested by the College, assist the College in interpreting the requirements

of the Contract Documents, in making decision on all claims of the College or Contractor relating to

the execution and progress of the work and on all other matters or questions related thereto. These

services are not intended to apply to claim in litigation, including expert testimony.

4. Recommend to the College rejection of work which does not in the A/E’s

opinion conform to the Contract Documents and that the College require the Contractor to stop the

work whenever in the A/E’s reasonable opinion it may be necessary for the proper performance of the


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Agreement. In discharging the foregoing responsibility the A/E shall act through the College and

issue such recommendations to the College.

5. Review and approve shop drawings, samples and other submissions of the Contractor only for conformance with the general design concept of the project and for compliance with the information given in the contract documents.

6. Assist the College in preparing Change Orders. Provide drawings as may be

necessary to explain construction details.

7. Issue such certificates of payment required by any contract pertaining to the

construction of the Project, make visits to the Project when substantial completion has been achieved,

submit written reports to the College of any defects or deficiencies observed in the construction, or

any deviation from drawings and specifications.

8. Inquire into the qualifications of the Contractor’s Project superintendent and

Contractor’s subcontractors and make recommendations thereabout to the College.

9. Prepare at completion of the Project a full set of record drawings showing the “as

built” condition of the Project and including the actual locations of all utilities based on his own

records and upon information supplied by the contractor will consist of the original working drawings.

These drawings and the original of supplemental drawings and details modified to show the “as built”

conditions. The A/E shall not require the contractor to prepare these drawings under the construction

contract, but may require the Contractor to keep up-to-date marked prints of the “as built” conditions

upon the contract working drawings, with all notations necessary to form the basis of such record

drawings. “As built” drawings shall be turned over to the College within two (2) months of

satisfactory completion of the Project; final payment of the A/E’s fee shall not be due until “as built”

drawings are submitted to the College.

PART II

ASSISTANCE BY THE COLLEGE

A. The College will furnish to the A/E or reimburse the A/E for the cost of

furnishing:

1. Laboratory or other tests required by the College to obtain basic data

that is not included in the Scope of Work

2. Cost data on previously constructed projects when available.


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PART III

OWNERSHIP OF DOCUMENTS

A. All documents which are prepared by the A/E and form a part of his services shall upon

completion, become the property of the College and shall be delivered to the College. The A/E shall

be responsible for the protection and/or replacement of any Contract Document in his possession. The

College shall receive all original drawings and specifications. The A/E shall retain a reproducible

copy. The Architect shall submit architectural, civil, telecom/audio visual, fire protection, mechanical,

electrical, plumbing and structural drawings to the College on the most current version of AutoCAD

on CD’s. All such documents, as instrument of personal-professional services, are not to be used by

the College on any other Project unless the College, prior to such use, executes and delivers to the A/E

an agreement in writing absolving, releasing indemnifying and saving harmless the A/E for any use; or

in the alternative by providing to the A/E appropriate compensation and the right and opportunity to

determine the feasibility and propriety of any such intended use.

PART IV FEES AND PAYMENTS

A. The extent of the A/E’s services required by this Agreement shall govern and determine

the method and amount of compensation to be paid by the College to the A/E as hereinafter set forth. The A/E may apply to the College for periodic payments on account of such compensation at intervals

not less than monthly, provided, in no event shall such applications exceed 75 percent of the compensation payable to the A/E for the amount of his professional services which are the basis of such application; however, the granting of any such application for periodic payments, in whole or in

part, is discretionary solely with the College, which may refuse such application and may require the A/E to complete the documents required for any particular Phase and any revisions thereto as

hereinabove provided and secure the approval of such documents as a prerequisite to the A/E’s entitlement to payment of said compensation. The granting of the A/Es application for such periodic payments by the College and –the remittance thereof shall not constitute in any sense, approval by the

College for the percentage of work completed for such Phase, or any part thereof, such approval being expressly reserved to the College upon the completion of each of said Phases as provided in Part 1.,

A.8. In the event that this Agreement does not provide on page no. 1, for an amount to be paid to the A/E for each of the five Phases, then paragraphs B and C hereafter shall be applicable.

B. When the scope of the services to be performed under this Agreement includes the

Schematic Design Phase and Design Development Phase only, the A/E shall be compensated as

provided in this Agreement, but in no event shall such compensation exceed ninety percent (90%) of

the funds available for such services as identified in this Agreement, as provided in Paragraph C.

below.

C. When the scope of the services to be performed by the A/E under this Agreement includes in addition to the Schematic Design Phase and the Design Development Phase, the Bidding Phase and the Construction Phase (whether the same be initially included in this Agreement or be

added to it by subsequent written amendments), the A/E shall be compensated as provided in the


34

agreement. The amount of applications for periodic payments to the A/E of each of the Phases, and

the approval thereof by the College, the amount of applications for periodic payments submitted by the A/Eon account of said compensation, shall not exceed the following percentages of the total compensation for all phases:

1. At the completion and approval of the Schematic Phase ………………..15%

2. At the completion and approval of the Design Development Phase …… 30%

3. At the completion and approval of the Construction Document Phase… 75%

4. At the completion and approval of the Bidding Phase …………………. 80%

5. At the completion and approval of the Construction Phase ……………100%

When required by the College to substantiate the degree of completion claimed in any such application for periodic payments, the A/E shall furnish the College with copies of the documents evidencing the

degree of completion claimed.

D. When the scope of services to be performed by the A/E under this Agreement includes the Construction Phase, applications by the A/E for periodic payments of his compensation under this Phase shall correspond to and be based upon the amount of construction work then completed by the

Contractor upon the Project.

E. The following general provisions are applicable to such Phases of the A/E’s

engagement, as are appropriate:

1. Any additional construction work not requiring the professional services of the

A/E shall not incur any additional compensation to A/E.

2. Any construction work deleted from the Project or substantially revised during

the Construction Phase, which deletion or revision required the A/E to render professional services, as

hereinbefore defined, shall entitle the A/E to additional compensation for such services, as may be

agreed upon with the College.

3. Preparation of documents required for alternate bids shall not normally entitle

the A/E to additional compensation; however, where the nature of the alternate bids requires the

extensive preparation of separate drawings and/or specifications, the College shall determine whether

the extent of such separate drawings and/or specifications shall entitle the A/E to additional

compensation, as may be agreed with the College.

4. The compensation payable to the A/E under this Agreement may be reduced, in

the discretion of the College, by reason of additional costs of constructing the Project incurred by the

College as a result of errors in, and improper coordination of the drawings and specifications

comprising the Construction Documents. The amount of such reduction in compensation, if any, shall

not exceed the amount of such additional costs of the constructing the Project.

5. Should the Project be abandoned or curtailed or should the College cancel this

Agreement at any time, the A/E shall be paid a proportionate part of the compensation due and


35

payable to him at the completion of the Phase, wherein said abandonment, curtailment or cancellation

occurs. Notice of abandonment, curtailment or cancellation may be verbal, but shall be confirmed in

writing by the College at which time the A/E shall immediately file with the College prints and other

data substantiating the status of the professional services performed to the date of such action.

However, no fee shall be due should this Agreement be canceled by the College due to the inability of

the A/E to produce a reasonably satisfactory solution to the Schematic Design and Design

Development Phases of professional services, except that the A/E shall be entitled to the reasonable

value of its services, up the date of termination, as determined by the College.

6. The College may waive specific minor provisions of the Agreement on the

request by the A/E in the interest of expediting the Project. Any such waiver shall not constitute

justification for the A/E preparing an incomplete design or constitute a waiver or any liability ensuing

therefrom.

7. The A/E must notify the College immediately of any major changes in his

organization or personnel by submitting revised standard form 254.

8. Upon all applications for periodic payments of compensation, excepting only the

first such application, the A/E shall certify in writing to the College, under penalty of perjury, that all

consultants, the extent of whose work comprised a portion of the prior application for periodic

payment, were paid in full to the extent of such, as was approved by the College, within ten (10) days

next succeeding the date on which the A/E received payments from the College for such prior

application.

9. In the event of any additions or changes in the work provided for in this

Agreement which causes an increase or decrease in the A/E’s cost of, or time required for performance

of any service under this Agreement, an equitable adjustment shall be made, at the discretion of the

College, and this Agreement shall be modified in writing to reflect such adjustment.


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PART V

SPECIAL PROVISIONS

A. Within thirty (30) days after the date of this Agreement the College and the A/E shall mutually agree upon a schedule of dates for the completion of the several Phases of the A/E’s services, as herein provided.

B. If the A/E fails to prosecute the preparation of the drawings, specifications and other

documents with such diligence as will maintain the above schedule to assure completion by the dates

agreed upon or should the A/E fail to render the construction administration as described herein, or

should the A/E or his employees or associates render unsatisfactory or incompetent services, or

otherwise not perform or unsatisfactorily perform this contract, payment shall be withheld at the

discretion of the College. Failure on the part for the A/E to substantially fulfill contractual obligations

shall be considered just cause for termination of this contract and the A/E is not entitled to recover any

cost incurred by the A/E up to the date of termination, except the A/E shall be entitled to reasonable

value of its services, up to the date of termination, as determined by the College.

C. The A/E may not assign or transfer any interest in this Agreement except with the

written approval of the College. In the event that death or other cause necessitates substitution by the

College of another A/E in place of the party hereto in order to complete the services called for by the

Agreement, the College shall determine the division of the fee between the substitution and the A/E

who is party hereto.

D. Pending resolution of any dispute, the A/E shall proceed diligently to perform of

services under this agreement as directed by the College, without prejudice to either party’s rights.

E. Employment Policy.

1. In accordance with the requirements of Section 3-406 of Article 21 of the Annotated Code of Maryland, the A/E agrees that he will not discriminate in any manner against any employee or applicant for employment because of political or religious opinion or affiliation, sex,

race, creed, color or national origin. The A/E further agrees that he will comply with any additional requirements with respect to non-discrimination which may be imposed by amendment to Section 3-

406. The A/E agrees to include a similar clause or clauses with respect to non-discrimination in all subcontracts, except subcontracts for standard commercial supplies or raw material. The A/E and subcontractors agree to post in conspicuous places available to employees and applicants for

employment, notices setting forth the provisions of the non-discrimination clause or clauses.

2. The A/E agrees to comply with the Civil Rights Act of 1964 and Section 202 of

Executive Order 11246 of the President of the United States of America, as amended by Executive

Order 11375, as applicable.

3. The A/E further agrees that he will not discriminate in any manner against any

employee or applicant for employment because of the person’s status as a qualified handicapped

individual, qualified disabled veteran or Viet Nam era veteran.


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4. Failure of the A/E or any subcontractor to include the contract provisions or to

comply with the non-discrimination provisions set forth in the sections above shall be grounds for the

College to exercise its remedies pursuant to Section 3-406 of Article 21 of the Annotated Code of

Maryland.

F. In the event the A/E, or any of its officers, partners, principals or employees, is

convicted of a crime arising out of or in connection with the procurement of, work to be done or

payment to be made under this Agreement, the Agreement shall, in the discretion of the College, be

terminated. Upon such termination the A/E shall be paid only the earned value of work performed to

the date of termination and refund any and all profits, or fixed fee realized under the Agreement, and

the A/E shall be liable to the maximum amount payable to the A/E as set forth in this Agreement in

completing the work undertaken by the A/E in the Agreement. The sanctions provided hereunder shall

be as appropriate, in the discretion of the College, be applicable to any such conviction after the

expiration of the term of the Agreement as well. The rights and remedies set forth herein shall in no

way be considered or construed as a waiver of, any other rights or remedies granted or available to the

College.

G. Notwithstanding any other provision of this Agreement, the College shall have the

absolute right, in its discretion, to terminate this Agreement and any or all services provided for in this

Agreement, without cause upon the giving of fifteen (15) days prior notice. If the College so

terminates the services herein mentioned, the A/E will deliver to the College all drawings,

specifications, and estimates completed or partially completed, and these shall become the property of

the College. The earned value of the work performed to date of termination shall be based upon

estimate, agreeable to the A/E and the College of the value of the work performed, and shall be paid to

the A/E as a final payment in full settlement of services rendered.

H. No employee of the College, Prince George’s County or 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 this contract shall, while such employee, become or be an employee of the party or parties hereby contracting with the College.

I. This Agreement is subject to audit by the College, State and County, and the A/E

agrees to make all of its records available to the College, State and County upon request for a period of

three years following completion of this contract.

J. CERTIFICATION OF CONSULTANT

1. PROHIBITION AGAINST CONTINGENT FEES

I hereby certify that I am the

TITLE______________________________________________________________________


38

And duly authorized representative of the firm of

_________________________________________________________________________________

Whose address is ___________________________________________________________________

And that neither I nor, to the best of my knowledge, information and belief, the above firm nor any of

its other representatives I here represent have:

(a) employed, retained or otherwise engaged for a commission, percentage,

brokerage, contingent fee, or other consideration any person, partnership, firm or corporation, other

than a bona fide employee or agent working solely for me or the above consultant to solicit, secure or

otherwise obtain this agreement;

(b) agreed, as an express or implied condition for obtaining this agreement, to

employ or retain the services of any form or person in connection with carrying out the agreement; or

(c) paid, or agreed to pay, to any person, partnership, firm or corporation other

than a bona fide employee or agent working solely for me or the above consultant any fee,

contribution, donation, or other consideration of any kind, for, or in connection with, procuring,

carrying out or contingent upon the making of this agreement.

I acknowledge that this certification is to be furnished to the Board of Trustees of

Prince George’s Community College, in connection with this Agreement funded with State funds or any combination of State and (or) Federal and (or) Prince George’s County and/or College funds or any combination of State and (or) Federal and (or) Prince George’s County and/or College funds. I

acknowledge that for breach of the warranty get forth herein the College shall have the right to terminate this Agreement in accordance with the provisions of Part V., Section G., of this contract. I

further acknowledge that, in its discretion, the College shall have the right to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, brokerage, contingent fee, contribution, donation or other consideration of any kind. I acknowledge that this

certification is subject to applicable State Laws, both criminal and civil.

2. TRUTH-IN-NEGOTIATION

I further certify that:

(a) The wage rates and other factual unit costs supporting the compensation

provided for in this Agreement as submitted in our price and technical proposal dated ,

2006, are accurate, complete and current as of the time of execution of this Agreement; and


39

(b) The consideration provided for in this Agreement and any additions thereto

shall be adjusted to exclude any significant sums where the College determines the consideration as

increased due to inaccurate, incomplete or non-current wage rates and other factual unit cost.

_______________________________ _______________________

Signature Date

Sworn to and Subscribed before me

This __________day of __________, 2013.

________________________________

Notary Public

My Commission Expires:_______________

K. CERTIFICATION

I hereby certify that I am the Vice President for Administration and Finance of Prince

George’s Community College, and that to the best of my knowledge, information and belief the above consulting firm or its representative has not been required, directly or indirectly, as an express or

implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or

(b) pay, or agree to pay, to any firm, person or organization, any fee, contribution,

donation, or consideration of any kind.

I acknowledge that this certificate is subject to applicable State laws, both criminal and civil.

______________________________________ _____________________

Vice President for Administration and Finance Date Prince George’s Community College


40

IN WITNESS WHEREOF, the parties have executed this Agreement by causing the

same to be signed on the day and year first above written.

INDIVIDUAL PRINCIPAL In presence

of:

Witness Signed ___________________________ Signed ______________________________

CO-PARTNERSHIP PRINCIPAL ___________________________________________________

(name of Co-Partnership)

___________________________________ as to By _____________________________________

Partner

___________________________________ as to By _____________________________________

Partner

___________________________________ as to By _____________________________________

Partner

CORPORATE PRINCIPAL ________________________________________________________

(name of Corporation)

ATTEST:

__________________________________ By: ______________________________________

(Corporate Secretary) President

ATTEST:

_________________________________ ___________________________________ BOARD OF TRUSTEES OF



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CONFLICT OF INTEREST

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Conflict of interest" means that, because of other activities or relationships with other persons: (i) A person is unable or potentially unable to render impartial assistance or advice to

the State; (ii) The person's objectivity in performing the contract work is or might be otherwise

impaired; or (iii) A person has an unfair competitive advantage. (b) Person.

(i) "Person" has the meaning stated in COMAR 21.01.02.01B(64).

(ii) "Person" includes a bidder, offeror, contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent or any of them if the employee or

agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

B. A solicitation that will result in the selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of a State contract shall provide notice of the requirements of

State Government Article, §15-508, Annotated Code of Maryland, and this regulation.

C. If the procurement officer makes a determination before award that facts or circumstances exist giving rise or which could in the future give rise to a conflict of interest, the procurement officer may

reject a bid or offer under COMAR 21.06.02.03B.

D. Termination.

(1) After award, the State may terminate the contract, in whole or in part, if it considers termination necessary to avoid an actual or potential conflict of interest.

(2) If the contractor knew or reasonably could have been expected to know of an actual or potential

conflict of interest before or after award and did not disclose it or misrepresented relevant information to the procurement officer, the State may terminate the contract for default, institute proceedings to debar the contractor from further State contracts, or pursue other remedies as may be permitted by law

or the contract.

E. A conflict of interest may be waived if the procurement officer, with approval of the agency head, determines that waiver is in the best interest of the State. The determination shall state the reasons for

the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest.


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F. A bidder or offeror responding to a solicitation that will result in the selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract

shall provide the affidavit and disclosures set forth in §G of this regulation to the procurement officer with the bid or offer and at other times as may be required by the procurement officer.

G. The affidavits and disclosures required by §F of this regulation shall be in substantially the same

form as follows:

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has

an unfair competitive advantage.

B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, offeror, contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or

agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

C. The bidder or offeror warrants that, except as disclosed in §D, below, there are no relevant facts or

circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain detail—attach additional sheets if necessary):

E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror shall immediately make a full disclosure in writing to the

procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize

the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.

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:

(Authorized Representative and Affiant)


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PRINCE GEORGE’S COMMUNITY COLLEGE MANDATORY PROCUREMENT CONTRACT PROVISIONS The following clauses are incorporated by reference within each solicitation, purchase order and contract for the procurement of materials, equipment, supplies or services entered into by the Board of Trustees of Prince George’s Community College (the “college”), except to the extent, if any, that the college specifies that any particular clause is inapplicable.

.01. Incorporation by Reference. All terms and conditions of the solicitation, and any amendments thereto, are made a part of this contract. .02. Tax Exemption. The college 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. .03. Specifications. All materials, equipment, supplies or services shall conform to federal and state laws and regulations and to the specifications contained in the solicitation. .04. Delivery and Acceptance. Delivery shall be made in accordance with the solicitation specifications. The college, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the contractor’s control. The college unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The college 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 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 college 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. .05. Non-Hiring of Employees. No employee of the college or the state or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be the employee of the party or parties hereby contracting with the college. .06. 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.

.07 Financial Disclosure. Contractors providing materials, equipment, supplies or services to

the college, which is deemed an agency of the State for this purpose, herewith agree to comply with the State Finance Procurement Article, Sec.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 $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

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.08. 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 $100,000 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. .09. 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. (For purposes of this clause, the college is deemed a subdivision of the state.) .10. Registration. Pursuant to Sec. 7-201 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 Street, 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.

.11. 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.

.12. EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. .13. 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 U.S. and Maryland Occupational Safety and Health Act standards. .14. Termination for Convenience. Upon written notice to the Contractor, the college may terminate this contract, in whole or in part, whenever the college shall determine that such termination is in the best interest of the college. The college 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 any anticipatory profits. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2). .15. Termination for Default. When the Contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of the college. Failure on the part of a Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the Contractor is not entitled to recover any costs incurred by the Contractor up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

.16. Disputes. All disputes arising under or as a result of a breach of this contract which are not disposed of by mutual agreement shall be resolved in accordance with the Prince George’s Community College General Grievance Procedure. Pending resolution of a dispute, the Contractor shall proceed diligently with the performance of the contract as directed by the college.

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.17. Multi-Year Contracts. If funds are not appropriated or otherwise made available to support

continuation in any fiscal year succeeding the first fiscal year, this contract 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.

.18. Intellectual Property. Contractor agrees to indemnify and save harmless the college, 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. .19 Maryland Law Prevails. The provisions of this contract shall be governed by the laws of Maryland.

.20. Contractor’s Invoices. Contractor agrees to include on the face of all invoices billed to the college, 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. .21. Pre-existing Regulations. The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract. .22. Repealed.

.23. Indemnification. The college 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. .24. 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 contract 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 contract may not be waived. .25. 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.

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MINORITY BUSINESS ENTERPRISE PARTICIPATION PROVISIONS

MBE 1. Introduction. These provisions, and the accompanying MBE Utilization Affidavit, form a part of the Contract Documents. Award of the Contract shall be subject to the college

concluding that the apparent successful bidder meets the requirements of these provisions. The definitions contained in COMAR 21.11.03.03 apply to these provisions.

MBE 2. MBE Participation Goal.

MBE 2.1 A certified Minority Business Enterprise (“MBE”) participation goal of not less than 25 percent of the dollar value of the Contract has been established by the college for this procurement. The Bidder agrees that not less than 25 percent of the total Contract amount will be

performed by certified MBE’s.

MBE 2.2. An MBE prime contractor responding to the solicitation shall, if awarded the Contract accomplish an amount of work not less than 25 percent of the total Contract amount with its own work force, certified MBE subcontractors, or both in combination. The documentation

requirements of MBE 4 are applicable only if MBE subcontractors are to be utilized in the performance of the Contract. The MBE prime contractor shall, however, be certified or submit an

MBE affidavit and apply to be certified in accordance with MBE 4.4. MBE 3. MBE Utilization Affidavit. Each bid submitted in response to this solicitation shall be

accompanied by a completed MBE Utilization Affidavit in the form attached, in which the Bidder acknowledges the MBE Participation Goal and commits to make a good faith effort to achieve the

goal. MBE 4. Documentation. The following documentation shall be considered as part of the

Contract, and shall be furnished by the apparent successful bidder within 10 working days from notification that he is the apparent successful bidder or within 10 days following the award,

whichever is earlier. If the Contract has been awarded and the following documentation is not furnished, the award shall be null and void.

MBE 4.1. A completed schedule of participation naming each MBE who will participate in the project that describes the:

(a) Contract items to be performed or furnished by the MBE and the proposed timetable for

performance, and;

(b) Agreed prices to be paid to each MBE for the work or supply.

MBE 4.2. If the apparent successful bidder is unable to achieve the contract goal for MBE participation, the apparent successful bidder may submit instead of or in conjunction with the

schedule of participation, a request in writing for a waiver as provided below.

MBE 4.3. An MBE subcontractor project participation statement signed by both the bidder and each MBE listed in the schedule of participation, which shall include:

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(a) statement of intent to enter into a contract between the prime contractor and each

subcontractor if a contract is executed between the college and the prime contractor or if the prime contract has been awarded, copies of the subcontract agreement or agreements; and

(b) The amount and type of bonds required of MBE subcontractors, if any.

MBE 4.4. A completed and signed MBE affidavit for any MBE prime contractor and for each MBE identified in the schedule for MBE participation provided that the bidder, offeror, or

subcontractors are not already certified by the State Minority Business Certification Council or the Department of Transportation under COMAR 21.11.03.15 or 16.

MBE 4.5. An affidavit completed and signed by the prime contractor stating that, in the solicitation of subcontract quotations or offers, MBE subcontractors were provided not less than

the same information and amount of time to respond as were non-MBE subcontractors, and that the solicitation process was conducted in such manner as to otherwise not place MBE

subcontractors at a competitive disadvantage to non-MBE subcontractors. MBE 4.6. Any other documentation considered appropriate by the college to ascertain bidder

responsibility in connection with the contract MBE participation goal.

MBE 4.7. The Contractor, by submitting his bid or offer, consents to provide that documentation requested by the college and to provide right of entry at any reasonable time for purposes of the college’s

representatives verifying compliance with the MBE subcontractor requirements.

MBE 5. Contracts Involving Subcontracts. MBE 5.1. Award of a Contract involving subcontracts shall be subject to the college concluding

that the apparent successful bidder or offeror meets the applicable certified MBE participation provisions contained in the solicitation.

MBE 5.2 The apparent successful bidder shall within 10 working days from the date of award of the contract or notification that it is the apparent successful bidder, whichever is earlier, submits

the documentation required.

MBE 5.3. Nothing in these provisions is intended to preclude the award of a contract conditionally upon receipt of the document specified in MBE 5.2.

MBE 5.4 Whenever an uncertified minority business is identified for contract award, or in the schedule for subcontract participation, the college shall forward the affidavit of the minority

business to the appropriate certification entity for certification consistent with COMAR 21.11.03.15 and 16. A contract may be awarded notwithstanding the pendency of certification. In the event of an unfavorable disposition, the college may not, in the future, treat that business

entity as an MBE until it is so certified.

MBE 6. Noncompliance. If the college determines that the apparent successful bidder has not complied with the certified MBE subcontract participation contract goal, and has not obtained a waiver in accordance with MBE 7, or if the bidder fails to submit the documentation required

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by the solicitation, the Contract Officer, upon review by the college Attorney and approval of the

President or the President’s designee, may reject the bid or offer or cancel the award of the contract. The reasons for this action shall be specified in writing and mailed or delivered to the bidder.

MBE 7. Waiver.

MBE 7.1. If, for any reason, the apparent successful bidder is unable to achieve the contract goal for certified MBE participation, the bidder may request, in writing, an exception to the goal with

justification to include the following:

(a) A detailed statement of the efforts made to select portions of the work proposed to be performed by certified MBEs in order to increase the likelihood of achieving the stated goal;

(b) A detailed statement of the efforts made to contact and negotiate with certified MBEs,

including:

(1) The names, addresses, dates and telephone numbers of certified MBEs contacted,

and;

(2) A description of the information provided to certified MBEs regarding the plans, specifications, and anticipated time schedule for portions of the work to be performed;

(c) As to each certified MBE that had placed a subcontract quotation or offer which the

apparent successful bidder considers not to be acceptable, a detailed statement of the reasons for this conclusion; and

(d) A list of minority subcontractors found to be unavailable. This list should be accompanied by an MBE unavailability certification signed by the minority business

enterprise, or a statement from the apparent successful bidder that the minority business refused to give the written certification.

MBE 7.2. A waiver of a certified MBE contract goal may be granted only upon a reasonable demonstration by the bidder that certified MBE participation was unable to be obtained or was

unable to be obtained at a reasonable price and if the President or the President’s designee determines that the public interest is served by a waiver. In making a determination under this section, the President or President’s designee may consider engineering estimates, catalogue

prices, general market availability, and availability of certified MBEs in the area work is to be performed, other bids or offers and subcontract bids or offers substantiating significant variances

between certified MBE and non-MBE cost of participation, and their impact on the overall cost of the contract to the college and any other relevant factor.

MBE 7.3. The President or the President’s designee may waive any of these provisions for a sole source, expedited or emergency procurement in which the public interest cannot reasonably

accommodate use of these procedures.

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MBE 8. Amendment for Unforeseen Circumstances. If at any time before execution of a

contract, the apparent successful bidder determines that a certified MBE listed on the schedule for participation has become or will become unavailable, then the apparent successful bidder shall immediately notify the Contract Officer. Any desired change in the schedule for participation

shall be approved in advance by the Contract Officer and shall indicate the Contractor’s efforts to substitute another certified MBE subcontractor to perform the work. Desired changes occurring

after the date of Contract execution may occur only upon written approval by the President or the President’s designee and subsequently by Contract amendment.

MBE 9. Compliance.

MBE 9.1. To assure compliance with certified MBE subcontract requirements, the college may require the Contractor to furnish:

(a) Copies of purchase orders, subcontracts, cancelled checks, and other records that

may indicate the number, names, dollar value of certified MBE subcontracts, dates, and

schedule time for performance of work by an MBE subcontractor; and

(b) Entry for an on-site verification inspection.

MBE 9.2. Upon determining the Contractor’s non-compliance, the college shall notify the Contractor in writing of its findings and shall specify what corrective actions are required. The

Contractor shall be required to initiate the corrective actions within 10 days and complete them within the time specified by the college.

MBE 9.3. If the college determines that substantial non-compliance with MBE subcontract provisions exists and that the Contractor refuses or fails to take the corrective action required by

the college, then the following sanctions may be invoked:

(a) Termination of the Contract in whole or in part for cause; (b) Referral to the college Attorney for appropriate action;

(c) Initiation of any other specific remedy identified by Contract; or

(d) The college may use any other compliance mechanism authorized by Contract or by law.

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BOARD OF TRUSTEES OF PRINCE GEORGE’S COMMUNITY COLLEGE

MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

I hereby declare and affirm that I am the _______________________________________ (Title)

and the duly authorized representative of _________________________________________

__________________________________________________________________________ (Name of Bidder)

I further declare and affirm that the Bidder acknowledges the Minority Business Enterprise participation goal of not less than 25 percent of the total contract amount, and commits to make

a good faith effort to achieve the goal. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY

THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AND

THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE BIDDER, TO MAKE THIS AFFIDAVIT.

_______________________

(Date) _________________________________ (Affiant’s Signature)

_________________________________ Print or type name


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REFERENCES

"DESIGN OF NEW CULINARY CENTER”

R.F.P. #14-06

EACH BIDDER MUST LIST BELOW THREE CUSTOMERS OF A SIMILAR SIZE PROJECT WITH

STATED TIMELINES COMPLETED WITHIN THE LAST THREE YEARS. FAILURE TO SUBMIT

REFERENCES WITH BID RESPONSE MAY LEAD TO THE DISQUALIFICATION OF BIDDER.

1. Customer Name: _____________________________________

Address: _____________________________________

Contact Person: _____________________________________

Phone Number: _____________________________________

2. Customer Name: _____________________________________

Address: _____________________________________

Contact Person: _____________________________________

Phone Number: _____________________________________

3. Customer Name: _____________________________________

Address: _____________________________________

Contact Person: _____________________________________

Phone Number: ____________________________________________