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OFFICE OF PROCUREMENT

REQUEST FOR PROPOSAL #18-04 Design and Field Improvements for Outdoor Track and Athletic Area

Issue Date: January 11, 2018

PRE-PROPOSAL CONFERENCE DATE: January 17, 2018, 10:00 A.M. ET Prince George’s Community College

Office of Procurement 301 Largo Road Kent Hall, Room 262 Largo, Maryland 20774 PROPOSAL DUE DATE: DATE: February 11, 2018, 10:00 A.M. ET Prince George’s Community College Office of Procurement

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

301 Largo Road Kent Hall, Room. 264 Largo, Maryland 20774 PROCUREMENT BUYER: Mary Browning, brownimf@pgcc.edu Procurement Coordinator and Beth Kirk, kirkbv@pgcc.edu Director of Procurement

DEADLINE FOR QUESTIONS: January 23, 2018, 12:00 P.M. ET

RESPONSE DATE NO LATER THAN January 26, 2018, 5:00 P.M. ET FOR QUESTIONS:

NOTE: ALL ADDENDA CAN BE ACCESSED AT http://www.pgcc.edu/businesses/Procurement/requestForBids.aspx ONLY

It is the vendors’ sole responsibility to monitor this site for any updates and to acknowledge any and all addenda issued within the vendor’s proposal.

For inquiries contact: Mary Browning at brownimf@pgcc.edu * * * *PROPOSALS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE SPECIFIED DATE AND TIME OF CLOSING. PROPOSALS SENT BY FACSIMILE WILL NOT BE ACCEPTED.

PRINCE GEORGE’S COMMUNITY COLLEGE REQUEST FOR PROPOSAL # 18-04

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Design and Field Improvements for Outdoor Track and Athletic Area

Table of Contents

I. SOLICITATION OVERVIEW AND REQUIREMENTS PAGE

1. PRE-BID PROPOSAL CONFERENCE AND SITE VISIT ..…..…. 3 2. BID QUESTIONS……………………………………………….......... 3 3. SOLICITATION SCHEDULE………………………………………. 3 4. MINORITY BUSINESS PARTICIPATION………………………… 3 5. PURPOSE OF TRACK AND FIELD IMPROVEMENTS…………. 4 6. SCOPE OF WORK……………………………………………………. 5 7. PROJECT REQUIREMENTS AND EXPECTATIONS …………… 7 8. QUALIFYING PROPOSALS…………………………………………. 18 9. TECHNICAL PROPOSAL PROCESS.……………...……………..... 19 10. TECHNICAL PHASE SUBMISSION REQUIREMENTS..………… 20 11. TECHNICAL PHASE RATING/SCORING FORM AND PRESENTATIONS……………………………………… ………………. 22 12. RESULTING CONTRACT, NON-DISCLOSURE AGREEMENT AND WORK PRODUCT…………………………………………………………………. 23 13. FEE PROPOSAL PROCESS ……………………………………........ 23 14. FEE SCHEDULE……………………………………………………… 25

II. ATTACHMENT A

• BID PROPOSAL AFFIDAVIT • COMAR MERCURY AFFIDAVIT • CONFLICT OF INTEREST INFORMATION • MANDATORY CONSTRUCTION CLAUSE • MANDATORY PROCUREMENT CONTRACT PROVISIONS • MINORITY BUSINESS ENTERPRISE PARTICIPATION PROVISIONS • PERFORMANCE AGREEMENT • REFERENCES • STANDARD FORM OF AGREEMENT WITH ARCHITECTS AND ENGINEERS • COMAR TITLE 21- STATE PROCUREMENT REGULATIONS

1. PRE-BID PROPOSAL CONFERENCE AND SITE VISIT

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A Pre-bid Proposal Conference will be held January 17, 2018, 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 mandatory. The site visit will include an extensive tour of the area that will allow potential proposers the ability to examine the existing space, and perform any measurements of the available space. 2. BID QUESTIONS Bid questions must be emailed to the attention of Mary Browning at brownimf@pgcc.edu and Beth Kirk at kirkbv@pgcc.edu, Office of Procurement no later than January 23, 2018, 12:00 PM, ET. 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, firms are to direct inquires and/or requests for clarification of the documents in writing, via email to the Office of Procurement. 3. SOLICITATION SCHEDULE

Seq.

Description

Planned Date

1 RFP Advertised 1/11/18 2 Pre-Bid/Proposal Conference – 10 am in Kent

Hall, Room 262 1/17/18

3 Questions Due from Bidders 1/23/2018 by 12:00 P.M. ET

4 Responses to Questions Issued 1/26/2018 5 RFPs Closes – Technical and Fee Proposals due 2/11/2018

10:00 A.M. ET

6 Shortlist Prepared; All Bidders Notified 2/15/2018 7 Interviews with Shortlisted Bidders, if invited

(Shortlisted bidders must be available between these dates to participate in Bidder Interviews.)

2/19/2018 - 2/20/2018

8 Recommendation of Award Presented to Board of Trustees (anticipated)

3/8/2018

9 Notification of Award Issued (anticipated) 3/9/2018 10 Contract Commencement (projected): 4/20/2018

4. MINORITY BUSINESS PARTICIPATION The College has established a MBE goal for this project, with 25% MBE participation goal. It is the policy of Prince George’s Community College to encourage local minority businesses to provide goods and services for the performance of College functions. Minority businesses include non-profit entities organized to promote the interests of disabled persons and firms that are 51% owned and controlled by a member(s) of socially or economically disadvantaged minority groups, which include: Blacks, Hispanics, American Indians, Alaska natives, Asians, Pacific Islanders, women, and the mentally or physically disabled. Business must provide evidence certifying their MBE status. All bidders must provide their proposed MBE participation on the minority business forms attached within this proposal. Potential Proposers are to complete all necessary MBE forms as provided.

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5. PURPOSE OF OUTDOOR TRACK DESIGN AND FIELD IMPROVEMENTS Prince George’s Community College, located at 301 Largo Road, Largo, Maryland 20774, requests written proposals from qualified firms to provide architectural, engineering, and consulting services for the demolition of an existing track and propose a design solution that includes a new outdoor track, associated field, and site facilities. The existing track and field facility has outlived its purpose and needs to be replaced to meet the needs of the students, athletes and surrounding community. Due to the conditions and size of the track, Prince George’s Community College cannot hold sanctioned athletic events. Currently, bathroom facilities are not available at the track. As a result, students, staff, faculty, visitors, and athletics are required to walk to the nearest building or use the Facilities Management Building outdoor restrooms. The College invites firms interested in immersing themselves into the Prince George’s Community College culture, which is geared towards ensuring students succeed. Envision Success is the strategic plan at Prince George’s Community College for FY 2014 through FY 2018. It represents the collaborative efforts of the entire college community to develop a strategic direction that focuses our efforts and resources on opportunities to enhance student success and institutional effectiveness. Envision Success ensures a collective commitment to reach for our Vision and achieve our Mission. One of the ways Prince George’s Community College envisions success is by planning, constructing, renovating and maintaining its physical assets and resources. Three major construction and renovation projects, totaling approximately $150,000,000 are currently under construction, and exemplify an ambitious endeavor to create an environment where all students thrive and will allow the College to better serve the evolving educational needs of Prince George’s County. The Lanham Hall and Queen Anne Renovation and Addition projects are funded through the Maryland State Capital Projects Budget, with matching funds from Prince George’s County. A brand new Culinary Arts Center, is 100 percent funded by Prince George’s County. These projects will expand the usable space of the main campus, located in Largo, Maryland, by nearly 25 percent. The new track and associated facilities will support student success by promoting health and wellness. The new facilities will also allow the College’s student athletes (in particular the College’s Track and Field Team) to excel. The new track and field facility will be used by students, faculty, staff, the track and field team, the community, and will also be rented out to host various track and field meets and events. The new track and field facility needs to not only functionally enhance the health and wellness of users, but also visually make a statement that supports the College’s Facilities Master Plan. Figure 1 (see below) is a concept plan developed in 2012. The College is not seeking proposals to duplicate the concept plan. The College is seeking design proposals that provide the most creative use of the area/space while meeting the College’s budget and specification requirements. Figure 1: Campus Master Plan

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Note: The College reserves the right to modify any parts of this Solicitation at any given time. As deemed appropriate by the College, the word “Contractor” may be used interchangeably with “consultant”, “bidder”, “offeror”, “architect” and “A/E” in the following documents included in this RFP: “Conflict of Interest Information”, “Conflict of Interest Affidavit and Disclosure”, “Mandatory Construction Contract Clauses”, “Mandatory Procurement Contract Provisions”, “Minority Business Enterprise Participation Provisions”, “MBE Participation Schedule”, “COMAR Title 21 – State Procurement Regulations”. The word “subcontractor” may be used interchangeably with “subconsultant”. 6. SCOPE OF WORK – DESIGN REQUIRMENTS The design shall include a 400-meter NCAA competitive track and field facility. The track must be an International Association of Athletics Federations (IAAF) certified track with associated field events. National Junior College Athletic Association (NJCAA) events are projected to be held at this location. In addition to the 400-meter track and field facility, the design plans shall include, but are not limited to the following facilities:

• ADA-Compliant Restrooms • Track and Field Storage building • Treatment room • Track Bleachers with a Press-Box to support 500+ spectators

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• Gazebo/ Pavilion • Basketball Full-Court with seating or bleachers that can support 100+ spectators • Walking track (separate from the 400-meter NCAA competitive track)

The design shall include the following features and elements:

• A new 8-Lane, IAFF certified track at the same location of the current track • Artificial turf field inside track • Field event venues (high jump, long jump, triple jump pole vault and throwing event venues) • Perimeter fence and gate(s) to match the College’s new athletic field standard • MUSCO lights • Upgrades to site electrical services • Scoreboards, new security cameras and emergency call boxes; audio systems • A repurposed picnic area (to include demolition of existing racquetball courts) and a new

gazebo with landscaped sitting and gathering areas around

Other Design Requirements: • The design shall include proper drainage and surfaces that are compatible with year-around

use. • The storage facility must be designed near the track to allow for short distances for moving

and storing track and field equipment and materials. Storage must be lockable, watertight, hold all required storage items, and ensure long lasting preservation of materials and equipment.

• The treatment room shall be designed to include at minimum: (3) three Treatment tables, (1) one Hi-Low Adjustable Treatment table, (2) two Taping Tables, (2) two Whirlpool Baths, (1) one Ice Machine, (1) one Normatec Recovery Pump, (1) one Game Ready, (1) one Hydrocollator, (1) one Intellect Legend XT Electrical Stimulation Machine, (1) one Foam Roller Wall Rack w/ foam rollers, Private examination area with curtain, (1) one Portable Treatment Table, (1) one sink, and (1) one medicine cabinet. The treatment room shall be fully conditioned and lockable. The space shall be outfitted with technology including data for a phone, computer, printer, and Wi-Fi.

• The track and basketball court bleacher sections must be ADA compliant. • The press box shall be fully air-conditioned and outfitted with technology including data for

phones, computers, printers, Wi-Fi, and security viewing. The track and field areas shall have sufficient Wi-Fi coverage for spectators.

• Water misters shall be designed and included at a designated cooling station area to be designed into the project.

• A water bottle station/cooler shall be designed into the project as well. • Weatherproof electric power receptacles shall be located at strategic locations around the site

for uses such as ticket sales, track and field timing, digital signage, video recording systems, communications and monitoring equipment, user self-brought cooking and/or audio equipment at the gazebo, etc.

• The data systems shall be designed to connect with existing College WAN/LAN systems and outside plant (duct bank, fiber optic cabling, etc.), and provide connectivity to existing adjacent athletic fields (for soccer, baseball, etc.).

7. PROJECT REQUIREMENTS AND EXPECTATIONS Refer to Special Conditions Part I; The Architect’s/Engineer’s Services Performance Agreement for additional Requirements

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7.1 Consultant’s Services

As listed below and further described in Section 5.5, the consultant’s services shall include, but may not be limited to the following: • Analysis (including accurate existing conditions drawing) • Program Development • Preliminary Design • Schematic Design • Design Development • Fixture and Equipment selection (accompanied by verifying the availability of all

recommended products) • Construction Documents • Bidding of Construction services • Construction Administration • Completion & Acceptance Services and Post Construction Services

7.2 Disciplines and Consultant’s Team/Staff

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

1) Track and Field Specialist/designer 2) Architect 3) Site Civil Engineer 4) Geo-Technical Engineer 5) Landscape Architect 6) Mechanical Engineer 7) Plumbing Engineer 8) Electrical Engineer 9) Fire Protection Engineer 10) Structural Engineer 11) Telecommunications and Data Specialist 12) A/V Technology Specialist 13) Security Specialist 14) County Peer Reviewer

The consultant shall be staffed accordingly to complete 100% construction documents per the consultants bid submitted schedule, or as required by the College. The consultant shall hire an engineer familiar with Prince George’s County and Washington Suburban Sanitary Commission (WSSC) standards, requirements, processes, documents and permit processes. 7.3 Design Planning and Development

The consultant is responsible during each phase of design to study, develop and recommend alternatives that will achieve cost efficiencies to maximize available funding. Creative design solutions are sought rather than reductions in the defined project requirements. The consultant is expected to bring solutions (designs, materials, unforeseen issues, etc) forward to the College for review and consideration other than what is detailed in the RFP. The consultant will be responsible for the following tasks.

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a. Prepare and complete the following:

i. All required design functions, including the gathering of data on existing and proposed conditions.

ii. Construction specifications that include a work schedule for those items of work that could unduly disrupt campus operations.

iii. Instructions on scheduling, staging, or similar information needed to achieve optimum construction efficiency

b. The design solution for both the site and the buildings (fencing, storage, restroom, training room, press box, gazebo, walking track, etc.) shall include and address, but not be limited to:

i. Architectural and space planning solutions. The consultant shall propose, recommend, and design spaces and functions needed for a state-of-the art track and field facility.

ii. Finish solutions that meet the needs and requirements of end user programs, as well as housekeeping and maintenance programs

iii. Issues of building, fire, public safety and security, and Americans with Disabilities Act (ADA) regulations, ensuring that all solutions are integrated and coordinated to work together

iv. Studies to facilitate decisions regarding site development as it relates to massing, scale and placement of facilities

v. Studies to ensure the continued operation of facilities and roadways adjacent to the immediate construction area

vi. Plans for the development of the site surrounding the track and field facilities to ensure that the facility is integrated with the adjacent athletic fields.

vii. Plans for pedestrian connections to existing facilities on the Largo Campus, and the new site facilities.

viii. Plans for the demolition of existing site features and underground utilities necessary to facilitate construction of the new facility and green space

ix. Studies to analyze the site location for the walking track, how many lanes, surface material, elevations and grade changes, course routings, etc. The consultant shall be responsible for all design work necessary to fulfill the college intent to construct a walking track in the athletic field area. The Consultant shall propose several options for College approval. The approved option shall be turned into a fully developed and detailed design.

All 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).

7.4 Design Submissions Design stage submissions to the College shall include at a minimum:

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• Schematics, 50 percent construction drawings and 100 percent construction documents (specifications and drawings).

• Documents to be submitted to the College by means of hard copies, PDF formatted digital files, and a posting of the drawings to an FTP site. For each submission, the College shall receive a minimum of seven (7) hard copies (2 full-size, 5 half-size sets).

• Upon the College’s request, the consultant shall provide AutoCAD files.

7.5 Phases of Work and Requirements Consultant’s services shall include all necessary phases to execute the scope of work noted in

this RFP:

7.5.1 Phase 1: Schematics i. Including Site Analysis, Existing Conditions Drawing, Program Development.

The schematic layout(s) shall include the track and field areas as well as other planned facilities.

ii. Attend a pre-design meeting and complete an extensive walk-thru and survey

of the existing site.

iii. Survey work shall include completing existing conditions documents and accurately detailing existing site conditions of all work affected by the proposed design. An accurate, electronic formatted detailed survey shall provide all required information necessary to place the current and new site configuration and conditions, and show the correct location and depth of utilities and any other below ground infrastructure. Partial site documents and are available for reference; however, there are no assurances that the reference files or records are complete, accurate or will contain needed information. As such they are only to be used as a guide, and not the base of design.

iv. The consultant shall be responsible for accurately defining existing conditions,

spatial relationships, to ultimately produce accurate existing condition documents. Any design modifications required to existing systems shall be included in the scope of this work.

v. The extent of the information and work required shall include, but not be

limited to, all existing planimetric maps, topography, utilities, sub-surface conditions, roads, parking lots, site improvements, sidewalks, pedestrian spaces, significant vegetation and natural features, and any legal restrictions that might be applicable.

vi. Provide all necessary site surveys and tests needed to understand the conditions

of the site, including, but not limited to applicable ADA accessibility, rights-of-way, easements, restrictions, etc. to the College.

vii. Perform all necessary test, including, but not limited to soils testing, assessing

above and below ground conditions, borings, test-pits, utility tests holes, samples and sub-surface tests as required to accurately identify site conditions and make all necessary design recommendations.

viii. The consultant is responsible for all required support services, e.g. a surveyor,

geotechnical services, utility locators, environmental specialists, etc.

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ix. The consultant shall include detailed demolition drawings and specifications

to demo all conditions and areas at and around the track and racquetball courts

x. The consultant shall propose site use and improvements, selection of materials, building systems and equipment, and methods of project delivery.

7.5.2 Phase 2: Design Development

i. It will be the responsibility of the consultant to consult with the college to verify and design needs, and then recommend alternate solutions not noted by the College. The design of all Track and field items must support its use as a NJCAA regulation facility.

ii. A 3D computer model will be required early in the design stage and must be

developed and modified until final College approval. Produce an 18”x24” preliminary colored track/site rendering for college presentations during the schematic phase. The rendering shall illustrate at least (2) two views. Provide (2) two 3D colored, framed and matted 18”x24” final track/site rendering that illustrate the updated earlier (2) two views. Provide, produce and install (1) one 4’x8’ final track/site renderings which will be displayed outside the new site. The 4’x8’ rendering will illustrate the track and include information about sustainability, site features, and other pertinent information. When requested, rendering files shall be turned over to the College for marketing and fundraising purposes. The consultant shall work with the College to turn over the files in a format the College can readily use. In addition to mentioned renderings, the consultant shall produce and present to the College additional 3D graphics and computer assisted models. At minimum (5) five separate views must be modeled/rendering, and presented to the College in an electronic format (the College shall be able to choose the views).

iii. Design shall include, but not be limited to:

Site grading, track and field drainage system, perimeter attachment system for turf, synthetic turf plans and details including field markings and graphics, and track markings. Provide specifications that set forth contractor performance requirements and warranties.

iv. The consultant shall attend as many progress meetings with the College as are

necessary to complete the Track, Fields and Site scope of work on schedule. The consultant will serve as the technical advisor to the College for specific problems or modifications that arise during the course of 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 construct a state-of-the art track and field facility. In additional to regularly scheduled design meetings (at minimum every 3 weeks), the consultant shall also attend and provide designs at (1) one Senior Team meeting. This meeting will require a formal presentation. Visual aids (such as display boards) shall be required.

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v. Design improvements include new sidewalks, walkways, site lighting, landscaping, storm water improvements, site drainage, security improvements, etc.

vi. Ensure new fire, mass notification and life safety systems are compatible and

conform to the latest College standards. Incorporate the design of security, safety and mass notification in the new site.

vii. Telecommunications systems are an integral part of the facility, the consultant

shall coordinate with the College to ensure telecommunications specifications are in full compliance with the college’s latest technology standards at the time of design and construction. During the design stage, physically verify locations and confirm the availability of existing raceways, ducts, manholes, duct banks and pathways, etc, for design accuracy.

viii. Provide calculations, charts, drawings, 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 digital and hardcopy formats. The consultant shall propose site use and improvements, selection of materials, building systems and equipment, and methods of project delivery.

ix. 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 site identification signs at the main entrance(s), way-finding signage; signage for specialized spaces; Special donors and sponsors signs; evacuation procedures; means of egress arrangements in accordance with current life safety regulations, scoreboards, display cases, and electric messaging signage; rules and regulation signage, and hours of operation signage. All Signage must be shown in the drawings and specifications. Signage plan(s) shall be included to denote each sign location.

x. Review connections and interfaces with other site facilities and campus

buildings to ensure the new design does not affect adjacent buildings or athletic facilities. Detail in drawings and specifications actions the contractor has to take to ensure adjacent site facilities and buildings are not affected by the track and field construction. Ensure users of adjacent athletic areas during construction have proper egress, and that all fire codes, life safety, and ADA regulations, etc, are followed and maintained. The final design shall ensure all spaces are ADA accessible

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

the design phase. At a minimum, an estimate will be required at the following design phases (Schematics, 50%, and 100%). Estimates and projections of all costs connected with the construction/renovation of the site shall include items such as renovation, selected materials section, equipment installation, utility extensions, and site development. The Estimate shall 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

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costs are above the given budget, the consultant must immediately notify the Facilities Management Division in writing of the reason for increase, and ways to bring the project back in line within the budget. All design efforts to bring the project in budget are required.

xii. Record and distribute design phase “minutes” for all project meetings attended.

Participation at design meetings will be required. Ensure that representatives from the consultant’s team (i.e. – Civil, MEP, etc.,) are available to attend meetings as required to support the design efforts of the site.

xiii. 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- 2015, IRC-2015, IEBC-2015, IMC-2015, NFPA 101Life Safety Code 2015, NFPA 1Fire Code-2015, NFPA 13 Sprinkler Code- 2013, NFPA 72 Fire Alarm Code- 2013 NFPA 70 (NEC)-2014, , 2015 WSSC plumbing and fuel gas code. IECC-2015, ADA-2010.All current applicable Prince Georges County Code of Ordinances https://www.municode.com/library/md/prince_george's_county/codes/code_of_ordinances?nodeId=15209)

7.5.3 Phase 3: Construction Documents

i. Identification of methods of installation and connection with site utility services and provision of necessary clearances for convenient safe use and maintenance of equipment shall be included in the construction 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 track and field facility shall be in contract and shall be designed by the firm. The firm will be required to coordinate with all utility agencies such as Verizon, Pepco, and WSSC.

ii. All engineering specialists and consultants on the prime firm’s team shall

perform visits as necessary to perform full site analysis, research, attend meetings and coordinate with the prime contractor and/or College as necessary to complete the Construction documents. All cost of this work shall be as provided in the Consultant’s original proposal, at no additional cost to the College.

iii. Prepare detailed technical specifications, drawings, and bid proposals and

information incorporating the College standard format for all work, to the satisfaction of the College. All drawings and specifications are to be non-proprietary and performance based. Design documents are to be specific to the services provided in the contract and as described in this Solicitation. Information is to be provided to the College in both digital and hardcopy 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 take-offs 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

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means and methods of installation of furniture, fixtures 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 parts as may be required.

iv. 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. Consultant to also provide an electronic document clearly identifying all finishes. The document shall include photos and information of each finish. Show all finishes not only in the specifications, but also detail in the drawings. Along with including a finish schedule, include finish plans that denote each finish location.

7.5.4 Phase 4: Bidding – General Contractor Selection

i. Research and outreach to obtain a list of contractors qualified to complete the track and field improvements.

ii. Conduct a pre-bid meeting and walk-through at the site for all interested

contractors. Respond to contractor inquiries regarding the project. Update drawings if contractor questions lead to drawing clarifications that need to be made. Provide the College final conformed sets of drawings.

iii. 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 ensure the documents can be rebid and the project can be awarded within the funds available.

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

recommendation documenting the responses of the references for successful bidder.

7.5.5 Phase 5: Construction Phase: Including Post Construction Services

i. The consultant will be responsible for advising the College of all permits and approvals needed to start and complete construction. The consultant will then expedite, submit, and obtain all Permits and approvals on behalf of the College to allow the contractor to start physical construction work. The consultant will obtain all required permits (i.e. MDE, DPW&T, MNCPPC, FAA, DPIE, WSSC, etc,) and obtain approval for all construction documents required by State and local authorities. Should reviews by the College, 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. Actual fees to submit and

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obtain permits and approvals will be initially paid by the consultant and reimbursed by the College.

ii. All utility service outages anticipated or needed to complete assessment and/or

investigation work must be requested, approved by and coordinated with the College Facilities Planning and Management Division at least ten days in advance of the requested outage. All costs and work associated with any outages shall be in the consultant’s scope.

iii. 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.

iv. Consultant shall employ the services of highly skilled and qualified

Construction Administration (CA) representatives. CA representatives should be advocates of the College’s budget, project completion schedule, and overall quality of site/facilities construction work. CA representatives must be able to manage a fast pace construction site, assess site conditions in the field, quickly develop solutions to problems, manage subconsultants, and respond to project documents (RFIs, CORs, PCOs, submittals and shop drawings) in a timely manner. Consultant shall ensure RFI’s are responded to in 7 business days, and Potential Change Orders and submittals are responded to in 10 business days. Any construction delays or costs as a result of not responding in a proficient and expeditious manner will be the responsibility of the consultant. Without additional costs, the consultant shall complete all design work as is necessary to answer RFIs, CORs, PCOs, submittals.

v. 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.

vi. Review all contracts, bonds, release of lien, and other standard forms necessary

for the project.

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

viii. Attend in person and record and distribute construction “minutes” for all

project meetings. Participation at construction meetings will be required. Work with the contractor onsite after each project meeting to resolve site issues. Construction meetings to be bi-weekly.

ix. 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. Sub-consultants will inspect all work needed that involves specialized review.

x. 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

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should be approved, modified or rejected. Provide comprehensive and accurate line-by-line breakdowns and assessments of contractor costs/proposals including, but not limited to: materials, quantities, equipment, manpower and labor rates. Assessments shall be by a qualified professional possessing both a mastery of the project scope, and a high-level expertise in construction costs within the local market. The professional shall be engaged during the design stage, and work closely with the consultant and each subconsultant to gain a comprehensive understanding of the project and project details. The professional shall be able to obtain trade/subcontractor cost proposals to be used to validate, challenge, and disprove contractor change order costs. Provide the College a letter for each change order specifically responding to each change order.

xi. The consultant shall provide, at its sole expense any related change order

services to include, but not limited to needed site visits, meetings, research and revised drawings.

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

fashion.

xiii. The consultant shall make additional site visits to resolve conflicts due to design deficiencies in a prompt manner (a maximum of 24 hours). No consultant or subconsultant site visit caps will be allowed (if they are required to resolve a site question or issue).

xiv. Review and recommend for approval Contractor Payment Applications. The

consultant shall advise the College of all inaccuracies and /or issues with the Payment Application Form based on site observations and the Consultants professional judgment.

xv. Punchlist format shall be submitted and approved by the College before use.

Prepare a written (initial) punch list sorted and organized as directed by the College when notified by the contractors that the contract work is completed. Inspections must take place within 5 business days of the contractor notification. All subconsultants must submit punchlist as well. The punchlist shall be consolidated by the consultant and issued to the College for review as one document.

xvi. Conduct final punchlist inspection of the work and one (1) follow-up

inspection as necessary to ensure completion of punch list and warranty items. Subconsultants must participate if items remaining on the initial punchlist pertain to them.

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

the College. As Designer of record, certify installation as complying with Prince George’s County’s Third Party Inspection Program (TPIP).

xviii. Provide a complete and integrated design/architectural 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 design and coordination

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of the track/storage facility/restrooms/press box; selection and or coordination of track and field surfaces, paint colors, finishes, and materials; design of wall, floor, and window treatments; architectural signage and graphics; 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/site furniture.

xix. The consultant shall conduct inspections to determine the date or dates of Substantial Completions and the date of final completion. Following review and comments, the consultant shall forward recommendations to the College for all 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. All documentation shall be submitted to the College for review and approval before being sent to the contractor.

xx. Ensure the general contractor and all subcontractors will keep an on-going

record of changes to the work for future incorporation into the as-built drawings. Each recorded change must be dated. The consultant will verify that as-built drawings are being developed and maintained by the General Contractor during the construction phase of the project. Discrepancies in the as-built documents will be brought to the College’s attention immediately. The consultant is to review all documents and advise the College of changes that need to be made. Upon completion of the project provide full sets (architectural, fire protection, mechanical, electrical, plumbing, landscape, civil, etc.) of sealed drawings that include all change orders, field alterations, etc. added/deleted during the course of construction. Provide four sets of hard copy drawings and one set of digital PDF-formatted files. Work with the contractor to update as-builts per college comments, and provide the College with five sets (3 hard copies, and 1 PDF-formatted file, and 1 electronic AutoCAD file) of the revised as-built drawings.

xxi. 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.

xxii. Review contractor’s Operational Manual (O&M) to ensure completeness. The

consultant shall reject O&M’s that are incomplete, inaccurate or below standards. The consultant shall formally provide all review comments to the college for review. The consultant shall then review the resubmitted O&M and advise the College if all changes have been made.

7.6 Other Design and Project and Coordination Requirements

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• The consultant shall use Prince George’s County’s Peer Review Program (hereinafter referred to as PRP) through the Department of Permitting, Inspections and Enforcement (DPIE) to provide a tool for the College to expedite and ensure quality control in the County’s Plan Review and Permit processes. The purpose of the PRP is to reduce review times associated with review and approval of submitted construction plans. Engage a DPIE-certified peer reviewer to expedite the plan review process. Please review the County’s PRP. The peer reviewer in addition to working with the County and fulfilling all requirements set forth in the DPIE Peer Review Program Manual, the peer reviewer will be required to complete comprehensive evaluations of the design documents for constructability and trade coordination consistency. The peer reviewer will be required to send concurrently all review comments to the College and the consultant. The consultant shall not buffer or modify any information noted or released by the peer reviewer.

• Work with a project team comprised minimally of representatives from Facilities

Enterprise Technology, and Student Affairs (the Athletic department)

• Work with the College and MUSCO lighting/consultant to design and install MUSCO lighting on and around the site.

• Work with contractors, architects, engineers and vendors on campus that interface with

the track or the sites adjacent property.

• Furniture and Equipment Coordination: The consultant shall work with the College to recommend all furniture and equipment including, but not limited to: starting blocks; cones and batons; hurdles; speed, strength, plyometics and agility equipment; measuring equipment, stop watches, and markers; tents; tarps; jump event equipment, throwing equipment, site furniture, training tables; mobile ticket stations; site chairs; press box furniture and equipment; audio equipment such as, but not limited to speakers, microphones, and radios.

• 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, trash and recycling containers; 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. The consultant shall confirm the availability of all items.

• Subconsultant Coordination: The consultant shall ensure all subconsultant information

and direction is coordinated and accurate. All subconsultant drawing sheets and specifications shall complement and connect to each other to avoid discrepancies.

• Update digital campus site plan showing the new track and field footprint. The

College will provide a current digital site plan to be used by the consultant’s signage vendor or graphic artist to modify.

8. QUALIFYING PROPOSALS

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Consultants 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 neither be scored nor considered further.

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 design experience (site development, programming, schematics, design development, etc., through Construction administration) with infrastructure and civil projects.

B. Submitting firms must have design experience with completing a track and field project.

C. Submitting firms must have experience executing design, permitting and construction administration services.

9. TECHNICAL PROPOSAL PROCESS The selection procedure for this procurement requires an independent College evaluation of a consultants Technical proposal. 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 and use the below label format.

BID PROPOSAL SUBMISSION LABEL

RFP No.: 18-04, Design and Field Improvements for Outdoor Track and Athletic Area Technical Proposal Due Date: by February 11, 2018

Proposal Due Time: 10:00 AM ET

Consultant’s Name: _________________________________________________________

Consultants’s Address: _______________________________________________________

Point of Contact:____________________________________________________________

Point of Contact’s Phone Number _____________________________________________

Point of Contact’s Email Address ______________________________________________

Sealed RFP Technical Proposals for the “Design and Field Improvements for Outdoor Track and Athletic Area”, R.F.P. #18-04, will be received for the Board of Trustees of Prince George’s Community College by the Procurement Office, Kent Hall, Room 264, Prince George’s Community College, 301 Largo Road, Largo, Maryland, 20774-2199, until 10:00AM ET, February 11, 2018, and at that time will NOT be publicly opened. Late bids will not be accepted. Consultants mailing proposals should allow sufficient mail delivery time to ensure timely receipt at the Office of Procurement. 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: Total Number of Qualification/Technical Copies required:

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An original, to be clearly identified, and three (3) copies of each Technical proposal must be submitted to the College in order to be considered for Services. Proposers are to clearly mark on the coversheet and binder which proposal is the original. Note, pricing or fees for services MUST NOT be listed anywhere in the Technical proposal. The Technical Proposal should be absent of any specific fees/ costs, or pricing.

Delivery Instructions: Deliver proposals to: Prince George’s Community College Attn: Mary Browning, Procurement Coordinator 301 Largo Road, Kent Hall Room 264 Largo, MD 20774 and Prince George’s Community College Attn: Beth Kirk, Director of Procurement 301 Largo Road, Kent Hall Room 264 Largo, MD 20774 10. TECHNICAL PHASE SUBMISSION REQUIREMENTS In preparing your proposal, please be guided by the requirements of the Maryland State Department of General Services’ Procedure Manual for Professional Services. The enclosed Bid Proposal Affidavit must be included with your proposal. Failure to submit a properly executed Bid Proposal Affidavit will result in your disqualification.

The technical proposals will be evaluated by the college using the Technical Phase Evaluation Criteria and Rating Form included in these documents. The following requirements and responses must be clearly detailed in the Technical Proposal:

Consultants must structure and label their proposal into the following sections:

a. Cover Letter b. Section I: Firm Information

List Name of Firm, Year Firm was established; Type of Ownership; Name of Parent Company (if any); Name and contact information of not more than Two principals to contact; Present Offices; Total Personnel; Personnel by Discipline; Summary of Professional Services Fees received in the last 5 years; History and Information about the Firm.

c. Section II: Consultant Information Include a Diagram/Chart showing subconsultant companies/firms and their roles on the

team. For each consultant provide: Detailed Description & History of the consultant (limited to 2-page maximum per firm). At minimum list Name of Firm; Year Firm was established; Type of Ownership; Name of Parent Company (if any); Name and contact information of not more than Two principals to contact; Present Location and Address of

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Offices; Total Personnel; Personnel by Discipline; and History and Information about the Firm.

d. Section III: Project Team members

Detail the proposed Project Team members and provide resumes of key persons, specialist, and individual consultants. List ONLY the individuals who will directly contribute to the project and have a defined role. Include on the Resume: Name & title; Project assignment; Name of firm associated with; Years’ experience with firm; Total years’ experience; Education; Degrees, Active Registrations, and experience and qualifications relevant to the proposed project. (If awarded the contract, the contract shall require the assignment of these same participants to the project. No substitutions will be permitted unless approved by the college. The college’s approval will not be unreasonable withheld.) Beyond the design phases, detail the members who will be engaged in Construction Administration (CA) and list all the information noted above (Resume: Name & title; Project assignment; etc.).

e. Section IV: Related Projects

Provide a minimum of five and maximum of ten related projects (new construction or renovation projects) completed or in progress (from Prime firm), preferably within the last 10 years. Include: Project Name; Client’s Name; Client Point of Contact to include name & phone number; Location of project; Total Design Contract Amount; Total Construction Project amount if known; Total construction change order amount; Current Phase; Scheduled Completion Date; Subconsultants involved in the related project (if any) that may be the same as those in this proposal; key team members involved in the related project (if any). Pictures and additional detail are recommended.

f. Section V: Related Projects (from consultants) Include Representative projects from major consultants/engineers to include: Electrical; Site/Civil; Technology/Security. Three projects are to be provided for each major subconsultant listed. The project(s) presented by any of the consultant(s) may be the same as presented by the Prime firm. If the Prime firm has not completed track and field facilities, include representative projects from the firm that has completed track and field facilities.

g. Section VI: Project Specific Information Attach a proposed implementation/project schedule. The proposed project design schedule (in

Excel or Project) is to include design milestones, submission dates, College review times, and the expected permit duration and local WSSC approvals. Schedules are to begin from notice to proceed, include design and construction, and include any after construction services needed. For schedule submission purposes ONLY, the design contract award shall start March 9, 2018, actual award may vary.

h. Section VII: Client References and Letter of Recommendation

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From the submitting firm. Submit Three-Five Client References and Three-Five Client Letters of Recommendation. References are to include contact name and phone number, project associated with, and a brief description of the project associated with.

i. Section VIII: DPIE and WSSC Experience Discuss experience with Prince George’s County (DPIE) and WSSC guidelines, requirements, and submissions. At least one member on the team shall have extensive experience with DPIE and WSSC.

j. Section IX: Additional Information This section can also be used to include additional information as deemed appropriate by the firm to support why they should be selected to complete the required services.

11. TECHNICAL PHASE RATING/SCORING FORM Proposals must be provided by the due date and time noted above. Late proposals will not be accepted. Proposals are to be submitted to: Proposals will be evaluated on the basis of technical merit (how well the proposed services meet the needs of the College) and price. Technical evaluations will be given greater weight than the price (i.e., a vendor’s response evaluated to be significantly more technically responsive even though it has a higher associated price, may be awarded the contract). The decision as to the “most advantageous” is solely at the College’s discretion. The College reserves the right to reject, in whole or in part, any and all proposals without liability and/or to accept any bid in the best interest of Prince George’s Community College. The College’s Technical Proposal Evaluation team will rate and score the proposals based on the following: _________________________________________________________________________________________________________ TOTAL MAX. POINTS TEAM EXPERIENCE (35 PTS) SCORE COMMENTS_______________ A. Rate key personnel & experience of Individual Team members . Completeness of Resumes/ Did resumes include all required items per technical proposal . Background appropriateness of Project Team . Project Experience of individual Team members . Depth and overall expertise of Team _________________________________________________________________________________________________________ TOTAL MAX. POINTS PROJECT EXPERIENCE (35 PTS.) SCORE COMMENTS______________ A. Rate quality and depth of related projects & overall experience . Did firm meet all criteria items . Rate the similar projects presented compared to the track and field project. . Rate overall quality & depth of projects and the firm’s capacity to successfully complete projects of equal or greater complexity to the track and field project . Did projects presented include all required items per the technical proposal . DPIE and WSSC experience _______________________________________________________________________________________________________ TOTAL MAX. POINTS ADDITIONAL INFO (15 PTS.) SCORE COMMENTS___________________ A. Inclusion of all required information including and supporting documentation:

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. Did consultant include all required forms required by the RFP

. Quality & Depth of References and Letters of Recommendation

. Quality and Depth of Project Schedule

. What sets the consultant apart from other bidders . Overall Presentation _________________________________________________________________________________________________________

TOTAL MAX. POINTS MBE PARTICIPATION (15 PTS.) SCORE COMMENTS___________________ Presentations/Interviews Following the evaluation of all submitted Technical Proposals and if deemed necessary by the College, only short-listed firms as determined by the ranking resulting from the Technical Proposal review process may be invited to attend a Presentation/Interview Session. The purpose of the Presentation is to allow the Proposer to explain its qualifications, skills of the proposed team as they apply to the requirements of the College’s required services. If held, the criteria and format of the oral presentation will be provided to the shortlisted firms in writing at the time of the scheduling of presentations. (Refer to Solicitation for anticipated date of notification regarding the shortlist.) The actual time(s) of the Presentations on the date(s) shown in the Solicitation Schedule will be set by the College upon completion of the technical evaluation. Proposers are advised to set aside these dates in their entirety. Proposers must determine how they can best present its team members and key personnel’s qualifications. The Procurement Officer will advise each final shortlisted firm of the date and time for its Presentation. Presentations/Interviews shall be incorporated into the final/overall scoring. 12. RESULTING CONTRACT, NON-DISCLOSURE AGREEMENT AND WORK PRODUCT A Prince George’s Community College contract will be issued to the selected Offeror(s). By responding to this Solicitation, Offerors agree to execute the attached Agreement including mandatory Terms and Conditions if selected for contract award. The attached Agreement includes all work product and documentation shall be regarded as a work for hire and is the property of the College and may not be copied or reproduced without its expressed written permission. 13. FEE PROPOSAL PROCESS A separate fee proposal must be submitted in addition to the Technical proposal. The fee proposal shall be submitted on February 11, 2018, at 10:00 am ET. The fee proposal shall be in a separate envelope from the technical proposal, but submitted together.

FEE PROPOSAL SUBMISSION LABEL

RFP No.: 18-04 - Design and Field Improvements for Outdoor Track and Athletic Area Technical Proposal Due Date: by February 11, 2018

Proposal Due Time: 10:00 AM ET

Consultant’s Name: _________________________________________________________

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Consultant’s Address: _______________________________________________________

Point of Contact:____________________________________________________________

Point of Contact’s Phone Number _____________________________________________

Point of Contact’s Email Address ______________________________________________

Total Number of Fee Copies required:

An original, to be clearly identified, and two (2) copies of each fee proposal must be submitted to the College in order to be considered for this project. Clearly mark on the coversheet and binder which proposal is the original.

Include in the fee proposal ALL forms required by the RFP such as:

• Bid Proposal Affidavit • COMAR Mercury Affidavit • Conflict of Interest Information • Conflict of Interest Affidavit and Disclosure • Prince George’s Community College Standard Form of Agreement with Architects and

Engineers • Special conditions Part I, the Architect’s/Engineer’s Services form. • Minority Business Enterprise Utilization Affidavit • MBE Participation Schedule • Track and Field Improvements Performance Agreement • References

In addition to completing the Prince George’s Community College Standard Form of Agreement with Architects and Engineers, complete a fee schedule as illustrated in Figure 2. Proposers may modify the below template as needed. Proposed “Total Contract Amount” must include any and all fees to complete all required services described in this Solicitation.

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FIGURE 2: Fee Schedule and Hourly Rates

FEE SCHEDULE Consultant: ________________________________________________________________ Project Name: Design – Track and Field Improvements RFP #: Date: ____________________________________________________________________

Structural ME Plumbing Fire Protection IT Telecom AV Civil Landscaping Estimating Fees and Reimbursables Consultant

Totals

Architect Total Fee

Consultant

Name Name Name Name Name Name Name Name Name Name Name Name Name Name

Project Phase Schematics

Design Development

Construction Document

Bidding Construction

Administration

Reimbursables and Expenses

Total Contract

Amount

Consultant’s Team/Staff Hourly Rate Track and Field Specialist/designer Architect Site Civil Engineer Geo-Technical Engineer Landscape Architect Mechanical Engineer Plumbing Engineer Electrical Engineer Fire Protection Engineer Structural Engineer Telecommunications and Data Specialist A/V Technology Specialist Security Specialist County Peer Reviewer

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ATTACHMENT A

BID PROPOSAL AFFIDAVIT

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A. AUTHORIZED REPRESENTATIVE I HEREBY AFFIRM THAT: I am the (title) _________________________________and the duly authorized representative of (business) ______________________________________and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting. B. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies (as is defined in Section 16-101(f) of the State Finance and Procurement Article of the Annotated Code of Maryland), has been convicted of, or has had probation before judgment imposed pursuant to Article 27, Section 641 of the Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal, law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business): ____________________________________________________________________________________________________________________________________________________________ C. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies, has: (a) Been convicted under state or federal statute of a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (b) Been convicted of any criminal violation of a state or federal antitrust statute;

(c) 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 arising out of the submission of bids or proposals for a public or private contract; (d) Been convicted of a violation of the State Minority Business Enterprise Law, Section 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

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(e) 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 subsection (a), (b), (c), or (d) above; (f) 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; (g) 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 statue described above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): ______________________________________________________________________________ ______________________________________________________________________________ D. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in 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, excepts 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): ___________________________________________________________________________ ___________________________________________________________________________ E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): _____________________________________________________________________________ _____________________________________________________________________________ F. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT:

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Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. G. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted. H. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. I. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Article 33, Sections 30-1 through 30-4 of the Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Administrative 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.

J. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this

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certification would be inappropriate in connection with the law enforcement agency’s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR 21.11.08 shall have the same meaning when used in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone whom the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug and alcohol abuse in the workplace; (ii) The business’ policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by J(2)(b), above;

(4) (h) Notify its employees in the statement required by J(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the terms of the statement; and

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(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under J(2)(h)(ii) above, or otherwise receiving actual notice of a conviction; (j) Within 30 days after receiving notice under J(2))(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of J(2)(a)-(j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in J(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.06. K. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT I FURTHER AFFIRM THAT:

(1) The business named above is a (domestic ______) ((foreign _______) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is:

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Name: ____________________________________________________________________ Address: __________________________________________________________________ __________________________________________________________________________ (If not applicable so state.) (2) 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 Employment Security Administration, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. L. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent 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 or agent, any fee or any other consideration contingent on the making of the Contract. M. Repealed. N. 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: _____________________________________ (Authorized Representative and Affiant)

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Mercury Content

A. Mercury Content. If required under COMAR 21.11.07, a price preference not exceeding 5 percent shall be applied in the evaluation of bids or proposals in favor of products that are mercury free or if stated elsewhere in the solicitation, to products containing the least amount of mercury. The following mercury affidavit shall be completed and returned with the bid or proposal.

B. Mercury Affidavit.

MERCURY AFFIDAVIT AUTHORIZED REPRESENTATIVE

THEREBY AFFIRM THAT:

I am the (Title) and the duly authorized representative of

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(Business). I possess the legal authority to make this affidavit on behalf of myself and the business for which I am acting.

MERCURY CONTENT INFORMATION:

[ ] The product(s) offered do not contain mercury.

OR

[ ] The product(s) offered do contain mercury.

(1) Describe the product or product component that contains mercury.

(2) Provide the amount of mercury that is contained in the product or product component. Indicate the unit of measure being used.

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.

By: Date Signature Print Name: Authorized Representative and Affiant

CONFLICT OF INTEREST INFORMATION

A. Each 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 requirement of this regulation.

B. "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.

C. "Person" has the meaning stated in COMAR 21.01.02.01B (64) and includes a bidder, offeror, Contractor, consultant or subcontractor or sub consultant at any tier, and also includes an employee or agent of any of them

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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.

D. If the Procurement Officer makes a determination prior to award that facts or circumstances exist giving rise or which could in the future give rise to a conflict in interest, the procurement officer may reject a bid or offer under COMAR 21.06.02.03B.

E. After award the State may terminate the contract, in whole or in part, if it deems such termination necessary to avoid an actual or potential conflict of interest. If the Contractor knew or reasonably could have been expected to know of an actual or potential conflict of interest prior to 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 such other remedies as may be permitted by law or the contract.

F. A conflict of interest may be waived if the Procurement Officer, with approval of the agency head or designee, 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.

G. Each 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 Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer.

H. The affidavits and disclosures required by Subsection G of this regulation shall be in substantially the same form as follows:

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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 sub consultant 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 (explains in detail--attach 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 will 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: ______________________________________

(Signature of Authorized Representative and Affiant)

Printed Name: ______________________________________

Title: ______________________________________

Federal Employer Identification Number (FEIN): ______________________________

PRINCE GEORGE’S COMMUNITY COLLEGE MANDATORY CONSTRUCTION CONTRACT CLAUSES

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MCC 1 Introduction The following clauses are incorporated by reference within each invitation for bid, solicitation, purchase order and contract for the procurement of construction 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. In these clauses, the word “Contractor” includes “Bidder”, where appropriate. MCC 2 Non-Hiring of Employees No employee of the College, the State of Maryland or any unit 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 an employee of the party or parties hereby contracting with the College, the State of Maryland or any unit thereof. MCC 3 Maryland Law Prevails The provisions of this Contract shall be governed by the laws of Maryland. MCC 4 Non-Discrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment; (b) to include a provision similar to that contained in subsection (a) above, in any subcontract except a subcontract for standard commercial supplies or raw materials, and (c) to post and to cause Subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. MCC 5 Cost and Price Certification The Contractor by submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of a mutually determined specified date prior to the conclusion of any price discussions or negotiations for any change order or contract modification. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information, which, as of the date agreed upon between the parties, were inaccurate, incomplete, or not current. MCC 6 Contingent Fee Prohibition 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. For breach of this warranty, the College shall have the right to annul this Contract without liability or, in its discretion, to deduct from the price or consideration, or otherwise recover, the full amount of such fee, or other consideration.

MCC 7 Multi-Year Contracts

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If funds are not appropriated or otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be cancelled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the College’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of the termination of the Contract hereunder will be to discharge both the Contractor and the College from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Contract. The College will notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. MCC 8 Incorporation by Reference All terms and conditions under the invitation to bid (or solicitation), and any amendments thereto, are made a part of this Contract. MCC 9 Tax Exemption The Owner 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. MCC 10 Conflict of Interest Laws It is unlawful for any State or College officer, employee, or agent to participate personally in his official capacity through decision, approval, disapproval, recommendation, advice, or investigation in any contract or other matter in which he, his spouse, parent, minor child, brother or sister has a financial interest or to which any firm, corporation, association or other organization in which he has a financial interest or in which he is serving as an officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, is a party, unless such officer, employee, or agent has previously complied with the provisions of Article 40A, Section 3-101 et seq. of the Annotated Code of Maryland. MCC 11 Site Investigation The Contractor/Bidder acknowledges that he has investigated and satisfied himself as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The Contractor/Bidder further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the College, as well as from information presented by the drawings and specifications made a part of this Contract. Any failure by the Contractor/Bidder to acquaint himself with the available information may not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The College assumes no responsibility for any conclusions or interpretations made by the Contractor/Bidder on the basis of the information made available by the College.

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MCC 12 Performance and Payment Bonds Before the award by the College of a construction contract exceeding $25,000, the Contractor shall provide payment security and performance security in the amount of the Contract price, except that if the Contract is not greater than $50,000, each security shall be in the amount of one-half of the Contract price. 1. Payment security or performance security shall be

a. a bond executed by a surety company authorized to do business in Maryland;

b. cash in an amount equivalent to a bond; or c. other security that is satisfactory to the College 2. The required performance bond shall be in the form attached as PGCC-C3. 3. The required payment bond shall be in the form attached as PGCC-C4.

4. The form of payment security or performance security shall be approved for the College by its attorney.

5. The Contractor shall file the security or evidence of a trust account established as

security, payable to the “Board of Trustees of Prince George’s Community College”, in the Office of Procurement and Contracting.

6. At the direction of the College, the Contractor may be required to increase the

amount of the security if the Contract price is increased as the result of Contract modification or change order. The reasonable cost of such increase shall be an allowable cost in determining the increase in the Contract price.

MCC 13 Mandatory 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 Article 41, Section 89A of the 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 a list containing the names and addresses of its resident agent, each of its officers, and any individual who is a beneficial owner of 5 percent or more of the contracting business. MCC 14 Anti-Bribery Contractors are required to be aware of Article 21, Section 3-405 of the Annotated Code of Maryland, which requires that any person convicted of bribery, attempted bribery, or conspiracy to bribe based upon acts committed after July 1, 1971, in the obtaining of a contract from the State or any of its subdivisions, shall be subject to disqualification pursuant to Article 21, Section 3-405, Annotated Code of Maryland from entering into a contract with the State, or any county or other subdivision of the State, for the supply of materials, supplies, equipment, or services by the person. (For purposes of this clause, the College is deemed a subdivision of the State.) MCC 15 Registration Pursuant to Section 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,

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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.

MCC 16 EPA Compliance Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. MCC 17 Occupational Safety and Health Act 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. MCC 18 Patent Infringement Contractor agrees to indemnify, protect and save harmless the College, its officers, agents, and employees with respect to any claim, action, cost or judgement for patent infringement, arising out of purchase or use of materials, supplies, equipment or services covered by this Contract. MCC 19 Contractor’s Invoices Contractor agrees to include on the face of all invoices billed to the College, its Federal Tax Identification or Social Security Number. MCC 20 Bid Security Unless otherwise specified, the Bidder is required to submit bid security in an amount equal to 5 percent of the amount of the bid.

1. Bid security or evidence of the posting of bid security shall be submitted with the bid. If a Bidder fails to accompany its bid with the required bid security, the bid shall be deemed nonresponsive and rejected except as provided by Section 2.

2. If a bid does not comply with the security requirements of this clause, the bid

shall be rejected as nonresponsive, unless the Contract Officer determines that the deficiency in the amount of security provided is insubstantial and acceptance is in the best interests of the College, and that: a. Only one bid or proposal was received and there is insufficient time to rebid

the contract; b. The bid security became inadequate as a result of the correction of a mistake

in the bid, or as a result of a modification in the bid in accordance with applicable regulations, and the bidder increased the amount of bid security to required limits within 48 hours after the correction or modification; or

c. After consideration of the risks involved and the difference between the lowest bid and the next lowest bid, fiscal advantage could reasonably be expected to accrue to the College from acceptance of the lowest bid.

3. If a Bidder is permitted to withdraw a bid before award because of a mistake in

the bid or proposal, action may not be taken against the bid security. Otherwise, action may be taken against the bid security of a bidder that withdraws a bid.

MCC 21 Public Information Act Notice Offerors should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the State under the

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Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

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

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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.

.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

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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.

.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.

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.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.

PRINCE GEORGE’S COMMUNITY COLLEGE

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. 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

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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 bidder with their bid submission. The apparent successful bidder will be notified within 10 working days of issuing the contract to submit their final schedule of participation. 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:

(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.

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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 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;

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(2) A description of the information provided to certified MBEs regarding the

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.

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

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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.

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) _________________________________

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Print or type name

Prince George's Community College MBE Participation Schedule

_______________________________________________________________________________________ Prime Contractor (Firm Name, Address, Phone) Project Description _______________________________________________________________________________________ Project Number Total Contract Amount $ _______________________________________________________________________________________ ***List Information For Each Certified MBE Subcontractor On This Project*** __ A. Minority Firm Name, Address, Phone MBE Classification: MBE Certification Number: Work To Be Performed MBE Federal ID Number: _______________________________________________________________________________________ Project Commitment Date Project Completion Date _______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract _______________________________________________________________________________________ B. Minority Firm Name, Address, Phone MBE Classification:_________________________ MBE Certification Number: Work To Be Performed MBE Federal ID Number: Project Commitment Date Project Completion Date ______________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________ C. Minority Firm Name, Address, Phone MBE Classification: MBE Certification Number: Work To Be Performed MBE Federal ID Number: Project Commitment Date Project Completion Date Agreed Dollar Amount Percentage Of Total Contract

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THIS FORM PREPARED BY: (Contractor signature is required) Date: ______________________________________________________________________________ (PGCC OFFICIAL USE ONLY) APPROVED: ____ YES _____ NO________________________ ________________ _________________________________________________________ DATE SIGNATURE - OFFICE OF PROCUREMENT & CONTRACTING

VENDORS MAY ADD ADDITIONAL PAGES, AS NEEDED

SUMMARY

TOTAL MBE PARTICIPATION: _________% $_____________ TOTAL AFRICAN-AMERICAN MBE PARTICIPATION: _________% $_____________ TOTAL WOMAN-OWNED MBE PARTICIPATION: _________% $_____________ MBE Classification: Hispanics, Asian, American Indians, Women, African American, Physical or Mentally Disabled

SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL

PRINCE GEORGE’S COMMUNITY COLLEGE

RFP 18-04 DESIGN AND FIELD IMPROVEMENTS FOR OUTDOOR TRACK

AND ATHLETIC AREA PERFORMANCE AGREEMENT

If the vendor fails to complete the contract by the time specified, or within the time to which completion

may have been extended, the vendor shall pay to the college the sum of $50.00, as liquidated damages, for

each calendar day of delay in delivery. Said liquidated damages shall be deducted from invoices rendered.

If the vendor finds it impossible for reasons beyond his control to complete the requirements of the

contract by the date specified, or as extended, in accordance with this provision, he may, at any time prior

to the expiration of the contract time as extended, make a written request to the Procurement Office for an

extension of time setting forth therein the reasons which he believes will justify the granting of his request.

The vendor’s plea that insufficient time as specified is not a valid reason for extension of time. If the

Procurement Office finds that the work was delayed because of conditions beyond the control and without

the fault of the vendor, she may extend the time for completion in such amount as the conditions justify.

The extended time for completion shall then be in full force and affect the same as though it were original

time for completion.

_________________________________________ PRINT NAME

_________________________________________ SIGNATURE

_________________________________________ TITLE

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_________________________________________

FIRM

_________________________________________ PHONE NUMBER

_________________________________________ FAX NUMBER

_________________________________________ EMAIL

REFERENCES EACH BIDDER MUST LIST BELOW THREE CUSTOMERS OF SIMILAR REQUIREMENTS. FAILURE TO SUBMIT REFERENCES WILL DEEM BID NON-RESPONSIVE. 1. Customer Name: ____________________________________ Address: ____________________________________ Contact Person: ____________________________________ Phone: ________________________ 2. Customer Name: ____________________________________ Address: ____________________________________ Contact Person: ____________________________________ Phone: ________________________

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3. Customer Name: _____________________________________ Address: _____________________________________ Contact Person: _____________________________________ Phone: ________________________

PRINCE GEORGE’S COMMUNITY COLLEGE STANDARD FORM OF AGREEMENT WITH

ARCHITECTS AND ENGINEERS (Sample)

THIS AGREEMENT, made this ___________________ day of __________ 2018, between the Board of Trustees of Prince George’s Community College, hereinafter referred to as the “College”, and ___________________________________________- 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 _______________________2018, and as amended and having represented himself to be professionally qualified to render the professional services detailed herein, having submitted his technical proposal and price proposal dated ______________________2018, and ______________________2018, 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 Marlboro Hall 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, 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

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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.

PHASE 1 $________ PHASE 2 $________ PHASE 3 $________

PHASE 4 $________ PHASE 5 $________ *REIMBURSABLES $________

This Agreement shall cover the following Phase(s): Schematic Design, Design Development, 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.

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 her, necessary to execute the various phases of the Project.

5. Render to the College all reasonable studies as identified in the contract, and deemed necessary by the College. In the discretion of the College, whenever special studies or special consultants are required beyond noted RFP requirements, 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.

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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. The A/E shall direct all communications and submit all documents, on behalf of the President to the College’s Facilities Management representative for approval. The A/E shall receive all directions concerning the Project and approval of all design documents in writing from the Facilities Management Department’s authorized representative. In the event the documents submitted by the A/E in satisfaction of the Schematic Design Phase, Design Development Phase, 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

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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 of 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 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. Professionally prepared color perspective renderings in a suitable medium when the project includes a new structure or major addition to an existing structure. The renderings 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 her designee.

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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, civil, structural, mechanical, electrical, etc. 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 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. If probably costs exceed the estimate of probably construction costs and incur a delay in design, the A/E shall be responsible for all expediting measures needed to keep the project on schedule.

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.

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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

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 substantial 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 her 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 unless such visits are connected to A/E design errors, omissions or changes. 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

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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 requires the Contractor to stop the work whenever in the A/E’s reasonable opinion it may be necessary for the proper performance of the 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 and responding to 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:

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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.

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 structural, etc., 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/E’s 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 Construction Document Phase, 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 agreement. The amount of applications for periodic payments to the

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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/E on 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 substantially revised by the College during the Construction Phase, which 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 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

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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 a standard form 254, for approval by the College. Changes in personnel must contain equal or superior levels of expertise, project knowledge, certifications, licenses, credentials, and position and company status. The College may reject personnel if change conditions are not deemed acceptable.

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.

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. The schedule dates must support key milestone dates noted in the RFP.

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

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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 Vietnam era veteran.

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

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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

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

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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 , 2017, are accurate, complete and current as of the time of execution of this Agreement; and

(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 __________, 2017.

________________________________

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

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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

PRINCE GEORGE’S COMMUNITY COLLEGE

PROCUREMENT REGULATIONS

Subtitle 09 CONTRACT COST PRINCIPLES AND PROCEDURE Chapter 01. GENERAL REGULATIONS Authority: State Finance and Procurement Article, Section 12-101 and 13-213, Annotated Code of Maryland. .01 DEFINITIONS. A. In this chapter, the following words have the meanings indicated. B. Terms Defined.

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(1) “Actual costs” means all direct and indirect costs which have been incurred for labor performed, goods delivered, or construction built, as distinguished from allowable costs only. (2) “Cost objective” means any unit of work such as a function, an organizational subdivision, or a contract for which provision is made to accumulate and measure separately the cost of processes, products, jobs, capitalized projects, and similar items. A final cost objective is one that has allocated to it both direct and indirect costs and, in the contractor’s accumulation system, is one of the final accumulation points. .02 APPLICABILITY OF COST PRINCIPLES. A. Limitation. These cost principles regulations are not applicable to:

(1) The establishment of prices under contracts awarded on the basis of competitive sealed bidding, or otherwise based on adequate price competition rather than the analysis of individual, specific cost elements, except that this subtitle does apply to the establishment of adjustments of price for equitable adjustments made under these contracts;

(2) Prices which are fixed by law or regulation; and (3) Prices which are based on established catalog prices or established market prices. B. Application. (1) The cost principles and procedures contained in this subtitle shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, provided that any deviation from these cost principles may be made as provided in Regulation .23. (2) The cost principles and procedures set forth in this subtitle shall be used as guidance in: (a) The establishment of contract cost estimates and prices under contracts awarded on the basis of competitive sealed proposals where the award may not be based on adequate price competition, sole source emergency procurement or small procurement procedures; (b) The establishment of price adjustments for equitable adjustments under contracts that have been let on the basis of competitive sealed bidding, competitive sealed proposals, or otherwise based on adequate price competition; (c) The pricing of termination for convenience settlements; and (d) Any other situation in which cost analysis is used. .03 ALLOWABLE COSTS. A. General.

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Any contract cost proposed for estimating purposes or invoiced for cost-reimbursement purposes shall be allowable to the extent provided in the contract and, if inconsistent with these cost principles, approved as a deviation under Regulation .23. The contract shall provide that the total allowable cost of a contract is the sum of the allowable direct costs actually incurred in the performance of the contract in accordance with its terms, plus the properly allocable portion of the allowable indirect costs, subject to any specific contract limitations, less any applicable credits (such as discounts, rebates, refunds, and property disposal income), plus profit. B. Accounting Consistency. All costs shall be accounted for in accordance with generally accepted accounting principles. In pricing a proposal, a contractor shall estimate costs in a manner consistent with its cost accounting practices used in accumulating and reporting costs to other similar activities. C. When Allowable. The contract shall provide that costs shall be allowed to the extent they are: (1) Reasonable; (2) Allocable; (3) Lawful under any applicable statute; (4) Not unallowable under Regulations .06 through .19; and (5) In the case of costs invoiced for reimbursement, actually incurred or accrued and accounted for in accordance with generally accepted accounting principles. .04 REASONABLE COSTS. A. Any cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by an ordinarily prudent person in the conduct of competitive business in that industry. B. In determining the reasonableness of a given cost, consideration shall be given to: (1) Requirements imposed by the contract terms and conditions; (2) Whether the cost is of a type generally recognized as ordinary and necessary for the conduct of the contractor’s business or the performance of the contract; (3) The restraints inherent in, and the requirement imposed by, these factors as generally accepted sound business practices, arms length bargaining, and federal and State laws and regulations;

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(4) The action that a prudent business manager would take under the circumstances, including general public policy and considering responsibilities to the owners of the business, employees, customers, and the State; (5) Significant deviations from the contractor’s established practices which may unjustifiably increase the contract costs; and (6) Any other relevant circumstances. .05 ALLOCABLE COSTS. A. General. A cost is allocable if it is assignable or chargeable to one or more cost objectives in accordance with relative benefits received and if it: (1) Is incurred specifically for the contract; (2) Benefits both the contract and other work, and can be distributed to both in reasonable proportion to the benefits received; or (3) Is necessary to the overall operation of the business, although a direct relationship to any particular cost objective may not be evident. B. Allocation Consistency. Costs are allocable as direct or indirect costs. Similar costs (those incurred for the same purpose, in like circumstances) shall be treated consistently either as direct costs or indirect costs except as provided by these regulations. When a cost is treated as a direct cost in respect to one cost objective, it and all similar costs shall be treated as a direct cost for all cost objectives. Further, all costs similar to those included in any indirect cost pool shall be treated as indirect costs. All distributions to cost objectives from a cost pool shall be on the same basis. C. Direct Costs. A direct cost is any cost which can be identified specifically with a particular final cost objective. A direct cost shall be allocated only to its specific cost objective. To be allowable, a direct cost shall be incurred in accordance with the terms of the contract. D. Indirect Costs. (1) An indirect cost is one identified with not specific final cost objective or with more than one final cost objective. Indirect costs are those remaining to be allocated to the several final cost objectives after direct costs have been determined and charged directly to the contract or other work as appropriate. Any direct costs of minor dollar amount may be treated as indirect costs, if this treatment produces substantially the same results as treating the cost as a direct cost. (2) Indirect costs shall be accumulated into logical cost groups (or pools), with consideration of the reasons for incurring the costs. Each group should be distributed to cost objectives benefiting from the costs in the group. Each indirect cost group shall be

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distributed to the cost objectives substantially in proportion to the benefits received by the cost objectives. The number and composition of the groups and the method of distribution should not unduly complicate indirect cost allocation where substantially the same results could be achieved through less precise methods. (3) The contractor’s method of distribution may require examination when any one of the following apply: (a) Any substantial difference exists between the cost patterns of the work performed under the contract and the contractor’s other work. (b) Any significant change occurs in the nature of the business, the extent of subcontracting, fixed asset improvement programs, inventories, the volume of sales and production, manufacturing processes, the contractor’s products, or other relevant circumstances. (c) Indirect cost groups developed for a contractor’s primary location are applied to off-site locations. Separate cost groups for costs allocable to off-site locations may be necessary to distribute the contractor’s costs on the basis of the benefits accruing to the appropriate cost objectives. (d) The base period for indirect cost allocation is the one in which the costs are incurred and accumulated for distribution to work performed in that period. Normally, the base period is the contractor’s fiscal year. A different base period may be appropriate under unusual circumstances. In these cases, an appropriate period should be agreed to in advance. .06 ADVERTISING. A. Advertising costs are those incurred in using any advertising media when the advertiser has control over the form and content of what will appear, the media in which it will appear, or when it will appear. Advertising media includes newspapers, magazines, radio, television, direct mail, trade papers, billboards, window displays, conventions, exhibits, free samples, and the like. All advertising costs except those set forth below are unallowable. B. The only allowable advertising costs are those for: (1) The recruitment of personnel;

(2) The procurement of scarce items; (3) The disposal of scrap or surplus materials; (4) The listing of a business’s name and location in a classified directory; (5) Notices or advertisements required by law or regulations; and (6) The delivery of public service. .07 BAD DEBTS.

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Bad debts include losses arising from uncollectible accounts and other claims, such as dishonored checks, uncollected employee advances, and related collection and legal costs. All bad debt costs are unallowable. .08 CONTINGENCIES. A. Contingency costs are contributions to a reserve account for unforeseen costs. Contingency costs are unallowable except as provided below. B. For the purpose of establishing a contract cost estimate or price in advance of performance of the contract, recognition of uncertainties within a reasonably anticipated range of costs may be required and is not prohibited by this regulation. However, if contract clauses are present which serve to remove risks from the contract, a contingency factor for these risks may not be included in the contract. Further, contributions to a reserve for self-insurance in lieu of, and not in excess of, commercially available liability insurance premiums are allowable as an indirect charge. .09 DEPRECIATION AND USE ALLOWANCES. A. Depreciation and use allowances, that is, the allowance made for fully depreciated assets, are allowable to compensate contractors for the use of buildings, capital improvements, and equipment or for the provision of these facilities on a standby basis for subsequent use when these facilities are temporarily idle because of suspensions or delays not caused by the contractor, not reasonably foreseeable, and not otherwise avoidable when the contract was awarded. Depreciation is a method of allocating the acquisition cost of an asset to periods of its useful life. Useful life refers to the asset’s period of economic usefulness in the particular contractor’s operation as distinguished from its physical life. Use allowances provide compensation in lieu of depreciation or other equivalent costs. Consequently, these two methods may not be combined to compensate contractors for the use of any one type of property. B. The computation of depreciation or use allowance shall be based on acquisition costs. When the acquisition costs are unknown, reasonable estimates may be used. C. Depreciation shall be computed using any generally accepted method, if the method is consistently applied and results in equitable charges considering the use of the property. The straight-line method of depreciation is preferred unless the circumstances warrant some other method. However, a State agency shall accept any method which is accepted by the Internal Revenue Service. D. In order to compensate the contractor for use of depreciated, contractor-owned property which has been fully depreciated on the contractor’s books and records and is being used in the performance of a contract, use allowances may be allowed as a cost of that contract. Use allowances are allowable, if they are computed in accordance with an established industry or government schedule or other method mutually agreed upon by the parties. If a schedule is not used, factors to consider in establishing the allowance are the original cost, remaining estimated useful life, the reasonable fair market value, and the effect of any increased maintenance or decreased efficiency.

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E. In accordance with Section A, costs of idle facilities may be allowable for a reasonable period of time, ordinarily not to exceed one year, depending on the initiative taken to use, lease, or dispose of these facilities. .10 ENTERTAINMENT. A. Entertainment costs include costs of social activities, and related incidental costs such as meals, beverages, lodging, transportation, and gratuities. Entertainment costs are unallowable. B. Nothing in these regulations shall make unallowable a legitimate expense for employee morale, health, welfare, food service, or lodging costs; except that, where a net profit is generated by these services, it shall be treated as a credit as provided in Regulation .20. This regulation does not make unallowable costs incurred for meetings or conferences, including, but not limited to, costs of food, rental facilities, and transportation where the primary purpose of incurring the cost is the dissemination of technical information or the stimulation of production. .11 FINES AND PENALTIES. Fines and penalties include all costs incurred as the result of violations of, or failure to comply with, federal, State, and local laws and regulations. Fines and penalties are unallowable costs unless incurred as a direct result of compliance with specific provisions of the contract. .12 GIFTS, CONTRIBUTIONS, AND DONATIONS. A gift, contribution, and donation is property transferred to another person without the other person providing return consideration of equivalent value. Gifts, contributions, and donations are unallowable. .13. LOSSES INCURRED UNDER OTHER CONTRACTS. A loss is the excess of costs over income earned under a particular contract. Losses may include both direct and indirect costs. A loss incurred under one contract may not be charged to any other contract. .14 MATERIAL COSTS. A. Material costs are the costs of all supplies, including raw materials, parts, and components (whether acquired by purchase from an outside source or acquired by transfer from any division, subsidiary, or affiliate under the common control of the contractor), which are acquired in order to perform the contract. Material costs are allowable, subject to Sections B and C. In determining material costs, consideration shall be given to reasonable spoilage, reasonable inventory losses, and reasonable overages. B. Material costs shall include adjustments for all available discounts, refunds, rebates, and allowances which the contractor reasonably should take under the circumstances, and for credits for proceeds the contractor received or reasonably should receive from salvage and material returned to suppliers.

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C. Allowance for all materials transferred from any division (including the division performing the contract), subsidiary, or affiliate under the common control of the contractor shall be made on the basis of costs incurred by the transferor (determined in accordance with this subtitle), except the transfer may be made at the established price if the price of materials is not determined to be unreasonable by the procurement officer, the price is not higher than the transferor’s current sales price to its most favored customer for a similar quantity under similar payment and delivery conditions, and the price is established either by the: (1) Established catalog price; or (2) Lowest price offer obtained as a result of a competitive procurement conducted with other businesses that normally produce the item in similar quantities. .15 TAXES. A. Except as limited below, all allocable taxes which the contractor is required to pay and which are paid and accrued in accordance with generally accepted accounting principles are allowable. B. The following costs are unallowable: (1) Federal, State, and local income taxes and federal excess profit taxes; (2) All taxes from which the contractor could have obtained an exemption, but failed to do so, except where the administrative cost of obtaining the exemption would have exceeded the tax savings realized from the exemption; (3) Any interest, fines, or penalties paid on delinquent taxes unless incurred at the written direction of the procurement officer; and (4) Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the contractor’s books of account and financial statements. C. Any refund of taxes which were allowed as a direct cost under the contract shall be credited to the contract. Any refund of taxes which were allowed as an indirect cost under a contract shall be credited to the contract. Any refund of taxes which were allowed as an indirect cost under a contract shall be credited to the indirect cost group applicable to any contracts being priced or costs being reimbursed during the period in which the refund is made. D. Direct government charges for services, such as water, or capital improvement, such as sidewalks, are not considered taxes and are allowable costs. .16 COMPENSATION FOR PERSONAL SERVICES. A. Compensation for personal services includes, but is not limited to salaries, wages, directors’ and executive committee members’ fees, bonuses (including stock bonuses), incentive awards, employee stock options, employee insurance, fringe benefits, contributions to pension, annuity and management employee incentive compensation plans, allowances for off-site pay, incentive pay, location allowances, hardship pay, and cost of living differential, paid or accrued, in any form.

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B. These costs are allowable to the extent that total compensation of individual employees is reasonable for services rendered. Compensation is reasonable to the extent that the total amount paid or accrued is commensurate with compensation paid under the contractor’s established policy and conforms generally to compensation paid by other firms of the same size, in the same industry, or in the same geographic area, for similar services. C. Determination should be made that compensation to owners of closely held corporations, partners, sole proprietors, or members of the immediate families thereof, is reasonable for the actual personal services rendered, rather than a distribution of profits. D. Bonuses and incentive compensation are allowable to the extent that the overall compensation is determined to be reasonable and the costs are paid or accrued pursuant to an agreement entered into in good faith between the contractor and the employees before the services were rendered, or pursuant to an established plan followed by the contractor so consistently as to imply, in effect, an agreement to make payment. E. Deferred Compensation. (1) Deferred compensation includes all remuneration, in whatever form, for which the employee is not paid until after the lapse of a stated period of years or the occurrence of other events as provided in the plans, except that it does not include normal end of accounting period accruals. It includes contributions to pension, annuity, stock bonus, and profit sharing plans, contributions to disability, withdrawal, insurance, survivorship, and similar benefit plans, and other deferred compensation, whether paid in cash or in stock. (2) Deferred compensation is allowable to the extent that it is: (a) Reasonable;

(b) Paid pursuant to an agreement between the contractor and employees before the services are rendered or pursuant to a plan established and consistently applied; and

(c) Deductible for the same fiscal year for federal income tax purposes. F. Costs of fringe benefits, such as pay for vacations, holidays, sick leave, military leave, employee insurance, and supplement unemployment benefit plans, are allowable to the extent required by law, employer-employee agreement, or an established policy of the contractor. .17 RENTAL AND LEASING COSTS FOR ORGANIZATIONS UNDER COMMON CONTROL. A. Charges in the nature of rent between any division, subsidiary, or organization under common control are allowable to the extent the charges do not exceed the allowable costs of ownership of the lessor. In determining the cost of ownership, items such as depreciation, taxes, insurance, and maintenance, shall be considered. B. Rental costs of personal property leased from any division, subsidiary, or organization under common control which has an established practice of leasing the same or

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similar property to unaffiliated leases, are allowable provided that they are reasonable. Factors to be considered with respect to reasonableness may include rental costs of comparable property, market conditions in the area, the type, life expectancy, condition, and value of the property leased, and other alternatives available. .18 REIMBURSEMENT FOR DIRECT EXPENSES. Direct expenses include meal subsistence, vehicle mileage, other transportation costs, lodging and certain other direct expenses. Direct reimbursement of necessary expenses, if provided for by the procurement officer, are allowable only to the level of the actual costs of the necessary expense, but may not be more liberal than the current State Standard Travel Regulations unless approved in writing by the Secretary of Budget and Fiscal Planning before expenditure. .19 COSTS REQUIRING PRIOR APPROVAL TO BE ALLOWABLE AS DIRECT COSTS. A. General. The costs described in this regulation are allowable as direct costs to cost-reimbursement type contracts to the extent that they have been approved in advance by the procurement officer. In other situations, the allowability of these costs shall be determined in accordance with general standards set out in these cost principles. B. Pre-Contract Costs. Pre-contract costs are those incurred in anticipation of, and prior to, the effective date of the contract. These costs are allowable to the extent that they would have been allowable if incurred after the date of the contract. In the case of a cost-reimbursement type contract, a special provision shall be inserted in the contract setting forth the period of time and maximum amount of cost which will be covered as allowable pre-contract costs. C. Bid and Proposal Costs. Bid and proposal costs are the costs incurred in preparing, submitting, and supporting bids and proposals. Reasonable ordinary bid and proposal costs are allowable as indirect costs in accordance with these cost principles regulations. Bid and proposal costs are allowable as direct costs only to the extent that they are specifically permitted by a provision of the contract or solicitation document. When bid and proposal costs are allowable as direct costs, to avoid double accounting, the same bid and proposal costs may not be charged as indirect costs. D. Insurance. (1) Ordinary and necessary insurance costs are normally allowable as indirect costs. Direct insurance costs are the costs of obtaining insurance in connection with performance of the contract or contributions to a reserve account for the purpose of self-insurance. Self-insurance contributions are allowable only to the extent of the cost to the contractor to obtain similar insurance. (2) Insurance costs may be approved as a direct cost only if the insurance is specifically required for the performance of the contract. (3) Actual losses which should reasonably have been covered by permissible insurance or were expressly covered by self-insurance are unallowable unless the parties expressly agree otherwise in the terms of the contract.

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E. Litigation Costs. Litigation costs include all filing fees, legal fees, expert witness fees, and all other costs involved in litigating claims in court or before the Appeals Board or the Board. Litigation costs incident to the contract are allowable as indirect costs in accordance with these cost principles regulations except that costs incurred in litigation by or against the State are unallowable. .20 APPLICABLE CREDITS. A. Definitions and Examples. Applicable credits are receipts or price reductions which offset or reduce expenditures allocable to contracts as direct or indirect costs. Examples include purchase discounts, rebates, allowances, recoveries or indemnification for losses, sale of scrap and surplus equipment and materials, adjustments for overpayments or erroneous charges, and income from employee recreational or incidental services and food sales. B. Reducing Costs. Credits shall be applied to reduce related direct or indirect costs. C. Refund. The State shall be entitled to a cash refund if the related expenditures have been paid to the contractor under a cost-reimbursement type contract. .21 ADVANCE AGREEMENTS. A. Purpose. Both the State and the contractor should seek to avoid disputes and litigation arising from potential problems by providing in the terms of the solicitation and the contract the treatment to be accorded special or unusual costs which are expected to be incurred. B. Form Required. Advance agreements may be negotiated either before or after contract award, depending upon when the parties realize the cost may be incurred, but shall be negotiated before a significant portion of the cost covered by the agreement has been incurred. Advance agreements shall be in writing executed by both contracting parties, and incorporated in the contract. C. Limitation on Costs Covered. An advance agreement may not provide for any treatment of costs inconsistent with these costs principles regulations unless a determination has been made pursuant to Regulation .23. .22 USE OF FEDERAL COSTS PRINCIPLES. A. Cost Negotiations. In dealing with contractors operating according to federal cost principles, such as Defense Acquisition Regulations, Section 15, or Federal Procurement Regulations, Part 1-15, the procurement officer, after notifying the contractor, may use the federal cost principles as guidance in contract negotiations, subject to Section B. B. Incorporation of Federal Cost Principles; Conflicts Between Federal Principles and this Subtitle. All requirements set forth in federal assistance instruments applicable to contracts let by the State under a federal assistance program shall be satisfied. Therefore, to the extent that the cost principles which are specified in the assistance instrument conflict with the cost principles issued pursuant to this subtitle, the former shall control. .23 AUTHORITY TO DEVIATE FROM COST PRINCIPLES.

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When the best interest of the State would be served by a deviation, the procurement officer may deviate from the cost principles set forth in these regulations, if a written determination is made by the procurement officer specifying the reasons for the deviation. A copy of the determination shall be filed promptly with the agency head and the determination shall be effective only upon approval by the agency head and upon incorporation into the contract. However, all costs shall be reasonable, lawful, allocable, and accounted for in accordance with generally accepted accounting principles to be reimbursed, and a deviation may not contravene this principle. After approval of the determination by the agency head, and the appropriate control authority, a copy of the determination shall be forwarded to the Board for informational purposes.