prince george’s county public schools purchasing office

RFP NO.016-16: PAGE NO.: 1

Prince George’s County Public Schools

PURCHASING OFFICE 13300 Old Marlboro Pike • Upper Marlboro, Maryland 20772

Telephone: 301-952-6560 ▪ Fax: 301-952-6504• www.pgcps.org

Brenda Allen, Director DATE OF ISSUE: October 9, 2015

REQUEST FOR PROPOSAL #: 016-16

TITLE: Architectural/Engineering Services for Window Replacement at the following schools: Thomas G. Pullen Middle School PSC No. 16.122.16 Thurgood Marshall Middle School PSC No. 16.156.16 Bond Mill Elementary School PSC No. 16.223.16 Tayac Elementary School PSC No. 16.033.16 Architectural/Engineering Services for Door Replacement at the following school: Tayac Elementary School PSC No. 16.033.16

PRE-PROPOSAL DATE & TIME: N/A

LOCATION OF PRE PROPOSAL: N/A

DATE/TIME OF PROPOSAL OPENING: October 29, 2015 @2:30 P.M.

BUYER : Cathy Atchison 301-952-6568

Company Name: _____________________________________________________________ RECEIPT OF PROPOSAL Sealed proposals for the requirements set forth herein will be received in the Purchasing Department, Room 20, Board of Education of Prince George’s County (BOARD), 13300 Old Marlboro Pike, Upper Marlboro, MD 20772-9983, before the deadline of 2:30 P.M. current local time on October 29, 2015. In order to be considered for award, all proposals must be received with an original, three (3) duplicates and one (1) CD or USB of the proposal, including supporting documentation. The proposal title and number must be stated on the lower left corner of the submission envelope. All respondents will be fully responsible for the timely delivery of the Proposal response to the designated location to include proposals hand carried, sent by common carriers, (UPS, Federal Express and the U.S. Postal Service). Proposals delivered to any other office or location other than the Purchasing Department prior to proposal opening deadline will not be considered. Competitive sealed Proposals are not publicly opened or available for review until a successful award has been finalized. PROPOSAL DOCUMENTS The proposal documents may be obtained by: 1. Downloading the document from the Board’s website at: http://www1.pgcps.org/purchasing/bidsnew.aspx (See

Drawings section below on how to obtain complete solicitation documents). 2. Access through eMaryland Marketplace at https://ebidmarketplace.com 3. Calling the Purchasing Department at 301-952-6560. 4. Visiting the Purchasing Department between the hours of 8:00 AM and 4:30 PM, Monday through Friday, excluding

holidays. The Purchasing Department is located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

SCOPE OF WORK The BOARD requests proposals for Architectural/Engineering Services for Window Replacement at Thomas G. Pullen MS, Thurgood Marshall MS, Tayac ES, and Bond Mill ES. Architectural/Engineering Services for Door

http://www.pgcps.org/

http://www1.pgcps.org/purchasing/bidsnew.aspx


Replacement at Tayac ES. The specifications and respondent requirements are contained in the Request for Proposal. Responses submitted must meet or exceed all requirements. Proposals that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted. SITE VISIT Failure to participate in the site visit will not relieve a successful bidder from the necessity of his obligation to furnish all material and labor necessary to carry out the provisions of the Technical Section of this RFP and to complete the contemplated Work for the consideration set forth in his bid. For information pertaining to the site visit, contact the Department of Capital Programs, Mark Thifault, Project Manager at: [email protected]. Please do not contact the school directly. Site visits: October 15 and October 16, 2015. INSURANCE The successful contractor shall be required, if applicable, to furnish a certificate of insurance. The certificate must be issued to the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY. Bonds issued to the PRINCE GEORGE’S COUNTY PUBLIC SCHOOLS WILL NOT BE ACCEPTED. BID BOND Respondents are not required to submit a bid bond in the amount of five percent (5%) as determined by the BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed 100K. (COMAR 21.06.07.02) PERFORMANCE BOND The successful Respondents are not required to submit a performance bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the RFP, of all phases of the contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that are less than 100K. (COMAR 21.06.07.03) The Board reserves the right to request performance bond for amount under or over $1000.00. LIQUIDATED DAMAGES/FAILURE TO PERFORM WORK The successful respondents accepts this contract with the understanding that should they fail to complete the work in an acceptable manner and in the time stated, shall be subject to the payment of liquidated damages as stated in the proposal document.

Liquidated Damages Schedule

Amount Amount per Day $25,000 and under $100.00 $25,000 - $100,000 $250.00 $100,000- $500,000 $500.00 $500,000- $1,000,000 $550.00 $1,000, 000-$2,500,000 $750.00 $2,500,000-$5,000,000 $1,000.00 $5,000,000-$10,000,000 $1,500.00 $10,000,000-$15,000,000 $2,000.00 $15,000,000 and More $2,500.00 MINORITY BUSINESS ENTERPRISES Prince George’s County Public Schools has a Minority Business Enterprise (MBE) Program in effect. Information about this program and forms for compliance are included in the bid documents; the forms can also be downloaded online at: http://www1.pgcps.org/generalcounsel/, click on “Administrative Procedures,” then click on Business and Non-

http://www1.pgcps.org/generalcounsel/


Instructional Operations -3000 for Administrative Procedure 3325 and attachments. All firms submitting a proposal must complete the appropriate forms and submit the forms with their proposal. For this project, the BOARD will recognize minority certification from the State of Maryland Department of Transportation (MDOT); Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA). For additional information contact the Minority Business Office at 301-952-6563. LOCAL MBE INITIATIVE In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County. MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal. Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation. NOTICE TO RESPONDENTS Respondents wishing to do business with the BOARD are asked to register with the Purchasing Department. The successful respondent must be an active vendor in Oracle to receive Purchase Orders and Payment. To register, contact the Purchasing Department at 301-952-6560 to receive instructions on how to register or visit the Purchasing website at http://www1.pgcps.org/isupplier/. Prince George’s County Public Schools does not discriminate in educational programs, activities or employment on the basis of race, color, national origin, sex, age, religion or disability. Respondents will be required to comply with all applicable requirements pertaining to fair labor, state and local government. In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County. (Admin Procedure 3325) No proposal may be withdrawn for at least hundred twenty (120) days after the scheduled closing time for receipt of proposal by order of the Board of Education of the Prince George’s County Public Schools, Upper Marlboro, Maryland 20772-9983. Prince George’s County Public Schools accepts no obligations for costs incurred by Respondents in preparing or submitting a Proposal and reserves the right to reject any and all proposals received. AWARD All proposals received by the RFP due date shall be reviewed and evaluated by an evaluation committee established by the Purchasing Department. The committee members will evaluate the proposals based on the criteria listed in the specifications. The BOARD reserves the right to award the contract to the firm receiving the highest score provided the proposal price is reasonable or to negotiate with the qualified respondent with the objective that the final proposal is in the best interest of the BOARD to accept. A contract may be awarded to one or multiple vendors, by item or in the aggregate, or any combination thereof. NON-AWARD Respondents will be notified via email, if your organization is not selected as the successful awardee.


MINOR IRREGULARITIES IN PROPOSAL The Board reserves the right to give an offeror the opportunity to cure any deficiency resulting from a minor technicality, irregularity or informality in a proposal or waive the deficiency if it is in Board’s best interest as defined in COMAR 21.06.02.04. REJECTION OF PROPOSALS The BOARD reserves the right to reject any or all proposals in whole or in part and to waive any technicalities or informalities as may best serve the interests of the BOARD, to increase or decrease quantities where quantities are shown and may reject any proposal which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers alternate items and may make any award which is deemed to be in the best interest of the BOARD. NON-EXCLUSIVE The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/items listed in the price schedule submitted. CONTRACTORS IN LEGAL PROCEEDINGS WITH PGCPS PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any contractor or vendor which has submitted a bid or proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the Superintendent or his designee.” CONTRACTUAL POINT OF CONTACT Inquiries should be directed to the following individual: Purchasing Inquiries Technical Inquiries Cathy Atchison Mark Thifault Will Smith Purchasing Office Capital Programs [email protected]

QUESTIONS All questions concerning this proposal should be directed to the Senior Buyer, Cathy Atchison, via email to [email protected] no later than October 13, 2015 @ 1:00 p.m. Questions must be submitted in Word format. PDF will not be accepted. All answers will be in the form of an Addendum to the RFP and posted on the website. No district administrators should be contacted. Proposal Mailing Date:…………………………………………………………………………….……… October 9, 2015 Question Due Date:…………………………………………………………………..………………....... October 13, 2015 Addendum Posted Date: (approximate)……………………………………..…….....................…........ October 16, 2015 Proposal Due Date:………………………………………………………………………………………...October 29, 2015 PROPOSAL SUBMITTAL REQUIREMENTS: Vendors must return the following documentation with the proposal response. Failure to sign and return these documents may cause your proposal to be ruled non-responsive and ineligible for evaluation consideration.

mailto:[email protected]


Technical Proposal Response

1. Please submit one (1) original, three (3) duplicates, and one (1) CD or USB copy of Technical response, including supporting documentation listed below clearly marked with company name and bid number.

2. All Affidavits (Must be signed and original submitted with the proposal).

3. Maryland Registered Professional Engineer/Architect. Provide copy of professional certification. 4. Addenda (All addenda posted on the website must be signed and returned. It is the Respondent’s

responsibility to check the Purchasing Website for any addenda posted in response to this RFP).

Cost Proposal Response

Please submit one (1) original in a separately sealed envelope from the technical proposal clearly marked with company name and bid number. Cost is reviewed in the second phase of the evaluation process.

Attachments Affidavits MBE Affidavit Floor Plans

All original responses must be signed in BLUE INK


SECTION I GENERAL CONDITIONS AND INSTRUCTIONS TO RESPONDENTS

I. GENERAL

A. Any Contract awarded as the result of any Request for Proposal to furnish supplies, equipment or services to the BOARD OF EDUCATION, PRINCE GEORGE'S COUNTY, Upper Marlboro, Maryland shall include, in whole or in part, either attached or incorporated by reference, binding in all respects, these provisions. B. It is the intent of this Request for Proposal to provide prospective respondent(s) with complete information relative to the total performance of any resultant contract. Respondents are obligated to read and understand all parts of this Request for Proposal and to obtain clarification of any part not thoroughly understood, before submitting their proposal. C. Contract shall be deemed executory only to the extent of appropriations available to the BOARD for the purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal year(s) involved.

D. All parts of this Request for Proposal including the GENERAL CONDITIONS AND INSTRUCTIONS TO RESPONDENTS, any addenda, amendments, modifications or any other extraneous matter incorporated by reference, will be applicable to any contract(s) awarded as a result of this Request for Proposal. E. The respondent is required to submit one (1) original, Three (3) copies and One (1) CD or USB of the proposal and any other applicable documents specific to this Request for Proposal.

F. Respondents must identify the RFP by placing the RFP number, opening date and time in the lower left hand corner of the envelope. The respondent is solely responsible for the arrival of the proposal in the PURCHASING OFFICE FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, ROOM 20, UPPER MARLBORO, MARYLAND 20772-9983, prior to the prescribed deadline for return of proposals will not be publicly opened after the time set for receipt and are not read aloud. Since proposals must be received in a sealed envelope, FACSIMILE COPIES TRANSMITTED VIA "FAX" MACHINES, OR SIMILAR METHODS, WILL NOT BE ACCEPTED

Late proposals will not be considered for award accepts under the following conditions:

G. The proposal was sent by mail and it was determined by the BOARD that the late receipt was due solely to the miss handling by the BOARD after receipt of the address specified in the solicitation. H. If the BOARD declares administrative or liberal leave, scheduled proposal openings or receipt of proposals will be extended to next business day. I. The time, prescribed on the title page of this Request for Proposal as the deadline for return of proposals, shall be Eastern Standard Time. J. In the event of inclement weather on the date this proposal is scheduled to open and the BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY CENTRAL OFFICES are closed, proposals will be opened at the PURCHASING OFFICE on the next business day. The time of opening on the next business day will be the same as that of the scheduled day. Proposals will be accepted until the time of opening on the next business day.

II. CONTRACT PERIOD A. The term of the contract is one from date of award until construction completion. Prices shall remain firm for the entire first year of the contract. All prices must be submitted per F.O.B. destination basis only unless otherwise specified herein.


III. OPTIONAL USE OF CONTRACT

A. Unless specifically prohibited by the respondent, the following entities within the State of Maryland shall have the option to participate in this RFP. The Purchasing Agent of those agencies listed below who opt to use the contract award shall issue their own contract and provide the contractor with pertinent delivery and invoicing instructions:

• State Office and Agencies • County Public Schools • County Governments • Municipal Government within the Counties • State and Community Colleges • Private, Charter and Parochial Schools • Metropolitan Washington Council of Governments

IV. AWARD

A. Award will be made to the qualified respondent obtaining the highest score combining experience, qualifications, product quality and cost of services. A contract may be awarded to one or multiple vendors, by item or in the aggregate, or any combination thereof.

In determining the responsibility of a respondent, the following criteria will be considered:

• The ability, capacity and skill of the respondent to perform the contract or provide the services required; • Whether the respondent can perform the contract or provide the service promptly, or within the time

specified, without delay or interference; • The character, integrity, reliability, reputation, judgment, experience and efficiency of the respondent; • The quality of performance on previous contracts or services’ • The previous and existing compliance by the respondent with laws and ordinances relating to the contract

or service; • The quality, availability and adaptability of the goods and services to the particular use required; • The ability of the respondent to provide future maintenance and service for the use of the subject of the

contract; • The number and scope of the conditions attached to the proposal; • Whether the respondent is in arrears to the BOARD on a debt or contract or is in default on a surety to the

BOARD or whether the respondent’s County taxes or assessments are delinquent; and • The BOARD having a bearing on the decision to award the contract may secure other information.

V. ADDENDUM

A. Any addenda to this solicitation issued after this solicitation and before the due date shall become part of the contract. It is the responsibility of the respondent to make inquiry as to addenda issued. The BOARD will post all addenda to the solicitation on the Board’s website.

VI. PROPOSAL WITHDRAWAL

A. Proposals may be withdrawn or modified upon receipt of written request received before the time specified for the proposal opening. Requests received after proposal opening will not be considered. VII. ERRORS IN PROPOSALS

A. If discrepancies or apparent errors are found in the Proposal Documents prior to the date of proposal opening, respondents shall submit a written request for clarification, which response to said request will be given in the form of addenda to all respondents, if time permits. Otherwise, in figuring the work,


respondents shall consider that the Statement of Works, Specifications, and Standard of General Terms and Conditions shall govern any discrepancies or conflict between proposal documents.

The correction of any discrepancies in, or omissions from the drawings, specifications, or other proposal documents, or any interpretation thereof; during the proposal period will be made only by an addendum issued by the Board. A copy of each such addendum issued by the Board will be mailed to each person receiving a set of Proposal Documents, and shall be made a part of the Agreement. Any other interpretation or explanation of such documents will be considered binding.

B. Failure of the respondent to thoroughly understand all aspects of the Request for Proposal before

submitting his/her proposal will not act as an excuse to permit withdrawal of his/her proposal nor secure relief on plea of error. Neither State Law nor Regulation make allowance for errors either of omission or co-mission on the part of the respondents. Obvious, apparent errors in a proposal may be corrected or withdrawn upon written approval by the BOARD.

C. When an error is made in extending total prices the unit proposal price will govern. The

respondent must initial erasures in proposals. Carelessness in quoting prices or in preparation of proposal will not relieve the respondent contract obligations. Errors discovered after public opening cannot be corrected and the respondent will be required to perform if the proposal is accepted.

VIII. REJECTION OF PROPOSALS

A. The BOARD reserves the right to reject any or all proposals in whole or in part and to waive any technicalities or informalities as may best serve the interests of the BOARD, to increase or decrease quantities where quantities are shown and may reject any proposal which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers alternate items and may make any award which is deemed to be in the best interest of the BOARD.

IX. PROTEST

A. The Director of Purchasing and Supply Services shall attempt to resolve informally all protest of bid award recommendations. Vendors are encouraged to present their concerns promptly to the Buyer and/or Purchasing Supervisor for consideration and resolution. Open dialogue is helpful for all parties and disputes are often only a misunderstanding of the evaluation and recommendation process.

1. An interested party (bidding of standing or offeror) may protest to the Director of Purchasing and Supply Services

a proposed award of a contract for supplies, equipment, services, or maintenance. A bidder of standing is a bidder who would be directly next in line for an award should the protest be supported. a. The protest shall be in writing addressed to the Purchasing Supervisor with a copy to the Director and shall

include the following: • The name address and telephone number(s) of the protester. • Identification of the solicitation • Statement of reasons for the protest • Supporting documentation to substantiate the claim • The remedy sought

2. The protest must be filed with the Purchasing Office within five (5) calendar days of the recommendation of award

or notification to the bidder or offeror that their bid or proposal will be rejected.

3. A vendor who does not file a timely protest before the contract is executed by the Board is deemed to have waived any objection.

4. The Director of Purchasing shall inform the Chief Financial Officer (CFO) upon receipt of the protest.


5. The Director of Purchasing shall confer with the general counsel prior to issuance of a decision regarding disputes of contracts or awards. Appeal of Contract Award Decision

1. The Director of Purchasing shall issue a decision in writing. Any decision of a bid award protest may be appealed

to the CFO within two (2) days of issuance of the decision by the Director of Purchasing.

2. Any decision of a bid award protest may be appealed to the Board of Education within thirty (30) days of issuance of the decision by the CFO.

3. A vendor who remains unsatisfied after following the procedures may contest a contract awarded by the Board by filing an appeal to the Maryland State Board of Education as provided by Maryland’s public school law. The Board reserves the right to award during protest during an appeal if a determination that execution of the contract without delay is necessary to protect substantial State and Board interest.

a CONTRACT TERM: The Vendor shall refer to the General Terms and Conditions attached to the RFP for details regarding the Term of Contract for this solicitation.

b COMMENCEMENT OF SERVICES: The Board shall have no obligation to pay for services performed before the

Board approves the contract or after it ends. The Board shall have no obligation to pay for services in excess of the monetary amount of the award. The Board shall have no obligation to pay for services before a purchase order is issued.

X. VENDOR ACCEPTANCE

A. The successful respondent(s) will receive from the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, a notification of contract qualification. Upon receipt, the successful awardee must sign and return all copies of said qualification notification.

B. Any Performance Bond, Certificate of Insurance, or other material required must be submitted by the awardee with each individual project proposal. C. Failure to sign the contract qualification and return all required documents within fifteen (15) calendar days from date of receipt shall rule your response null and void and, therefore, award shall be made to the next responsive respondent. Any bond so posted shall be forfeited by the respondent. In addition, this may also be cause for removal of your firm from the proposal's list.

XI. SURETY

A. The following SURETY may be required in conjunction with this Invitation for Proposal and any resultant contract(s). Bonds or checks NOT made in favor of BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY shall not be accepted. "Prince George's County Public Schools" is not a legal entity, and therefore, bonds or checks made in favor of Prince George's County Public Schools will not be accepted; the proposal offer shall be declared non-responsive and not considered for award.

1. Bid Bond a. Responses must be accompanied by a Proposal Bond or Certified Check in the amount of five

percent (5%) of the total amount of the proposal if required for the is proposal. The bond is to be made in favor of: BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.


Certified Checks will be returned to all but the successful respondent(s) within five (5) days after award of contract(s). Successful respondent’s Certified Check will be returned upon receipt of Performance Bond.

2. Performance Bond, Cashier’s or Certified Check

a. The successful respondent may be required to furnish to the BOARD a Performance Bond,

Cashier’s or Certified Check in the amount of one hundred percent (100%) of all phases of the contract and to be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY,UPPER MARLBORO, MARYLAND 20772-9983 The above is the legal title for the school system. Deviation from this title shall not constitute intent to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and delays in furnishing acceptable documents may constitute default.

b. The insurance company issuing the bond must have a policyholders rating of A Plus and a

financial rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt of award. No contract shall exist prior to return of the signed award and acceptable surety.

c. The Performance Bond, Cashier’s or Certified Check will provide assurance of faithful

performance and discharge of all duties and responsibilities attendant thereto required by law or as provided herein by the contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.

B. In addition to the above surety, the following may be required on certain construction contracts. The successful respondent(s) should be prepared to provide the surety if instructed to do so in any resultant Contract Award.

1. Labor and Material Payment Bond

a. The successful respondent may be required to furnish to the BOARD a LABOR AND MATERIAL PAYMENT BOND in the amount of one hundred percent (100%) of all phases of the contract and to be made in favor of the

BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983

b. The above is the legal title for the school system. Deviation from this title shall not constitute intent to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and delays in furnishing acceptable documents may constitute default.

c. The insurance company issuing the bond must have a policyholders rating of A Plus and a financial rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt of award. No contract shall exist prior to return of the signed award and acceptable surety.

d. The Labor and Material Payment Bond will provide assurance of faithful performance and

discharge of all duties and responsibilities attendant thereto required by law or as provided herein by the contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.


XII. INSURANCE

A. The contractor must maintain and pay for Comprehensive Business Insurance to protect their claims under the Workers’ Compensation Act, from claims or damages because of bodily injury to others, including employees of the BOARD, damage to the property of others, including the BOARD, claims for damages arising out of the operation of motor vehicles, which may arise during the performance of the contract whether caused by themselves or by any sub-contractor or anyone directly or indirectly employed by either of them, and Product Liability Insurance. Said insurance to cover the duration of the contract under an express or implied warranty.

B. The following coverage’s and limits are required of all vendors:

• General Liability, including Products Liability & Completed Operations - $1,000,000 per

occurrence/$2,000,000 aggregate • Workers Compensation – Statutory Benefits (Only required if the Contractor will be delivering the

product(s) to our building). • Employers Liability - $500,000 each accident/$500,000 injury by disease/$500,000 injury by disease

aggregate (Only required if the Contractor will be delivering the product(s) to our building). • Auto Liability - $1,000,000 combined single limit (Only required if the Contractor will be delivering

the product(s) to our building).

C. The certificate on this insurance shall be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 and indicate paid up coverage for the term of the contract. D. The certificate of insurance TO BE SUBMITTED to the PURCHASING OFFICE, FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, UPPER MARLBORO, MARYLAND 20772-9983.

E. It will be the responsibility of the successful respondent(s) to ensure that a current Certificate of Insurance is on file in the Purchasing Office during the entire period of the contract.

F. The cost of the above insurance shall be considered an overhead or operating expense to the Contractor, similar to rental costs, utilities, automobile liability insurance, and other business related expenses. The premiums or costs to provide the above insurance shall not be directly related to the cost of the work or services specified in this Request for Proposal.

XIII. LAWS AND PERMITS

A. The contractor shall, without additional cost to the BOARD, be responsible for paying for and obtaining any necessary licenses, inspections and permits for complying with any and all FEDERAL, STATE AND LOCAL LAWS, CODES AND REGULATIONS, in connection with the performance of the work. B. Laws of the STATE OF MARYLAND and PRINCE GEORGE’S COUNTY shall govern the contract.

XIV. TAXES

A. Respondents shall assume full responsibility for payment of any and all taxes which may be construed by

law authority as being due for materials and supplies under any contract with the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY. They shall hold the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY safe and harmless from any liability for said taxes.

B. Responses to the proposal submitted shall not include Federal Excise Taxes or State or Local Sales or Use

Taxes (if applicable). The cost of any taxes (operational and/cost of doing business) that are lawfully due and paid by the contractor may be passed on to the Board of Education as part of the overall cost.

C. The BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY is subject to the provisions of Article

81, Section 326 (a) of the Annotated Code of Maryland which provides that the Retail Sales Tax shall not apply to the following Sales:


1. State Sales - “Sales to the State of Maryland or any of its political subdivisions. Provided that this sub-section shall not be construed or applied to exempt any sale, otherwise taxable under this subtitle, or tangible personal property to contractors or builders to be used for the construction, repair or alteration of real property, on contracts advertised for solicitation after July 1, 1968.”

XV. MINORITY BUSINESS ENTERPRISES REQUIREMENTS

A. The Board of Education of Prince George’s County Administrative Procedure No. 3325 (attached) is applicable and will be part of the Proposal Requirements. Forms to be used by all respondents for the applicable procedure will be attached to each response. The “Minority Business Enterprise Utilization Affidavit, Attachment 1” MUST BE submitted AT THE TIME OF PROPOSAL OPENING. Failure to adhere to the guidelines outlined in this procedure, may result in your firm being ruled non-responsive and may jeopardize any future awards.

B. The contractor or supplier who provides materials, supplies, equipment, service and construction for this project shall attempt to achieve the overall MBE goal of 30% of the total dollar value of the contract for this project from certified minority business enterprises (MBE), either directly or indirectly. The respondent agrees that this amount of the contract will be performed by certified minority business enterprises.

C. Only those businesses registered in the Purchasing I-Supplier database and listed in the Minority Business Enterprise Office directory for the Board of Education of Prince George’s County as a certified minority vendor at the time of any respective proposal opening, shall be recognized as a “Certified Minority Business.” If not listed, evidence of acceptable certification from the Maryland Department of Transportation (MDOT), Prince George’s County Government (PGCG) and Washington Metropolitan Area Transit Authority (WMATA) must be provided to the Board’s Purchasing Office prior to any respective proposal opening.

D. The Board of Education of Prince George’s County strongly encourages its Contractors to maximize the use of qualified locally based minority and women-owned business within the geographical boundaries of Prince George’s County. The respondent or proposer should be able to verify, through documentation that good faith efforts were engaged to maximize the use of qualified local minority and women-owned businesses in Prince George’s County. Documentation of good faith efforts may be required to be submitted in the sealed proposal or proposal packet on the date and at the time due for the respective proposal or proposal submittal.

XVI. CHANGES IN TERMS OR DELIVERY/COMPLETION DATE

A. After award of individual contracts, any questions or correspondence related but not limited to the following matters must be directed to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, in writing:

1. Requests for deviation from the specifications, terms, or conditions of the contract 2. Bonding or insurance 3. Other matters.

B. In the event of strikes, Acts of God, or other circumstances beyond the contractors control which prevent completion of work or delivery, the contractor must secure temporary contractual relief. The circumstances and duration must be stated by the contractor in writing and be forwarded to the PURCHASING OFFICE within ten (10) days after their development. Contractual relief shall be only that which is acceptable to and in agreement with the PURCHASING OFFICE, for those goods and services which are necessary for the day to day needs of the BOARD.

XVII. INVOICES

A. Invoices must be submitted in quadruple, TO CAPITAL PROGRAMS DEPARTMENT, 13300 OLD MARLBORO PIKE , RM 18, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, and contain the following minimal information:

1. Purchase order number


2. Request for Proposal number 3. Delivery destinations as it appears on the purchase document 4. Quantity, item number, and description of item billed 5. Unit price and extended price of item 6. Total amount of invoice 7. Serial number of each item.

XVIII. PAYMENT

Payment will be made upon receipt of proper invoices. Payment shall be NET 30 days from date of receipt of invoice.

XIX. DAMAGES OR INJURY

A. Qualifying contractors will be held pecuniary responsible for any and all damage to BOARD property done or caused by them or their employees or other personnel engaged in the execution of the contract. B. The contractor shall be similarly responsible for all injury to persons that occur as a result of his fault or negligence. C. The contractor shall take proper safety and health precautions to protect the work, the workers, the public and the property of others.

D. The contractor shall be responsible for any and all damage to adjacent property incurred in the performance of the contract and shall hold the BOARD free of any and all claims for damages arising from the execution of the contract.

XX. TERMINATION FOR CONVENIENCE

A. This contract may be terminated by the BOARD OF EDUCATION in accordance with this clause in whole or\ in part whenever the Board Contracting Officer shall determine that such a termination is in the best interest of the BOARD OF EDUCATION. Any such termination shall be effected by delivery to the Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and date upon such termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

XXI. TERMINATION FOR DEFAULT

A. The BOARD OF EDUCATION may, by written notice of default to the Contractor, terminate the whole or any part of the Contract in any one of the following circumstances:

1. If the Contractor fails to make delivery of the supplies or equipment exactly as specified or perform the services within the time and manner specified herein or any extension thereof, or

2. If the Contractor fails to perform any of the other provisions of this Contract, or so fails to

make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the Purchasing Office may authorize in writing) after receipt of written notice from the Purchasing Office specifying such failure, or

3. Willfully attempt to make delivery of items other than the items in the Contract, or perform the

services other than specified as to quality, package contents, work processes or otherwise, without specific authorization in the form of a contract amendment, or


4. If a determination is made by the BOARD OF EDUCATION that the obtaining of the Contract was influenced by an employee of the BOARD having received a gratuity, or promise thereof, in any way or form.

XXII. DISCLOSURE

A. Respondent shall not disclose information concerning work under this Agreement to any third party, unless such disclosure is necessary for the performance of the Agreement effort. No news releases, public announcement, denial or confirmation of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written consent of the Board. The restrictions of this paragraph shall continue in effect upon completion or the parties may mutually agree upon termination of this Agreement for such period of time as in writing. In the absence of a written established period, no disclosure is authorized. Failure to comply with the provisions of this Clause may be cause for termination of this Agreement.

XXIII. INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OTHER

INTEREST

A. The following terms apply to any infringement, of claim or infringement, of any patent, trademark, copyright, trade secret or other proprietary interest based on the manufacture, normal use or sale of any material, equipment, programs or services furnished by Respondent to the Board, unless such infringement or claim results from the Respondent following written instruction or directions of The BOARD. Respondent shall indemnify the Board, for any loss, damage, expense, or liability that may result by reason of any such infringement or claim. Respondent shall defend or settle, at Respondent’s own expense, any action or suit for which Respondent is responsible hereunder. The Board shall notify Respondent promptly of any claim or infringement for which Respondent is responsible and shall cooperate with Respondent in every way to facilitate the defense of any such claim.

XXIV. NON-DISCRIMINATION

A. The Contractor is to conduct business in a non-discriminatory manner prohibiting discrimination in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical disability, sexual orientation or national origin.

XXV. RIGHT TO DATA

A. All data, reports and other documents generated for the BOARD and accumulated by the consultant/contractor in the performance of this order/award, shall remain the property of the BOARD, and shall be returned to the control of the BOARD upon completion of the contract. No personal student or BOARD information, as defined by federal and state law and BOARD policy, shall be disclosed or published unless otherwise agreed herein.

XXVI. RIGHT TO AUDIT

A. The contractor shall agree that in accordance with Section 952 of the Omnibus Budget Reconciliation Act of 1980, its contracts, books, documents and records will be made available to the Comptroller General of the United States and the BOARD until the expiration of services is finalized under this Agreement.

XXVII. AVAILABILITY OF FUNDS

A. A contract shall be deemed executory only to the extent of appropriations available to the BOARD for the purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal year(s) involved.


XXVIII. RESTRICTIONS

A. Potential contractors/vendors of the Board of Education of Prince George's County Schools are advised that Maryland law now provides the following mandatory restrictions on registered sex offenders performing work or services on school system property: B. "A person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both." C. Persons or entities awarded contracts with the Board of Education of Prince George's County are required to certify that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender will be allowed to enter onto school system property at any time in the performance of the work or services for which the contract is awarded. Such certification is a condition precedent to any contract award, and failure to so certify will be grounds for not awarding a contract. It will be the responsibility of contractors to obtain similar certification from all sub-contractors and material suppliers performing work or services on school system property and to monitor adherence to this requirement. In the event that the Board of Education of Prince George's County determines that a registered sex offender has entered upon school system property in the performance of work for a contractor/vendor, such will be grounds for termination of the contract.

XXIX. CRIMINAL BACKGROUND CHECK/PHOTO IDENTIFICATION BADGE

It is the responsibility of the Consultant to make certain that its employees, agents, volunteers, and contractors who have contact with students be fingerprinted and have a background check in compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code.

A. Employees Having Direct Contact with Students:

Any and all current and future employees of Consultant/Contractors who may have direct contact with students must have a criminal background check and fingerprinting conducted by the Finger Printing Office of the Board before 14 days before beginning work. Previous background checks will not be accepted. The fee for the background check shall be paid by the Consultant/Contractors by check or money order at the time the fingerprinting is performed. No employee can begin work in a PGCPS Schools until results have been received. Violation of this provision may result in Termination for Cause.

B. Employees Do Not Have Direct Contact With Students: Employees of Consultant/Contractor who will be placed in a PGCPS Schools but will not have direct contact with students must have on record a Criminal Justice Information Service (CJIS) and NCIC background checks. Copies of the background checks must be forwarded to the Contract Officer before services can commence. Every two years the Consultant shall submit copies of background checks to the Contract Officer. Should any employee be flagged during the term of this agreement, the Consultant shall contact the Contract Officer within 24 hours of notification. Violation of this provision may result in Termination for Cause.

C. Employment of Child Sex Offenders: The Consultant/Contractor shall at all times be compliant with the Criminal Procedure Article of Annotated Code of Maryland Section 11-722 that states that a person who enters a contract with a County Board of Education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registered child sex offender. If a registered child sex offender is employed by the Consultant/Contractor, the Consultant/Contractor is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any The Board property. Violation of this provision may result in Termination for Cause.


XXX. FAILURE TO RESPOND

A. Failure to make response to this request for proposal may cause removal of your name from our respondents’ mailing list for this commodity or service. Those respondents wishing to remain on the mailing list for this commodity or service but do not desire to submit a proposal at this time, should affix the enclosed mailing label, marked "no proposal", to an envelope with the company's name and return address clearly shown, and mail as indicated on the label. If you are not a supplier of this commodity or service submit a "no proposal" and request your name be removed from our mailing list for this commodity or service only.

XXXI. ASBESTOS

A. This is to notify all Offerors of the existence of asbestos containing materials used in the Prince George's County Public Schools. Contractor’s employees, including subcontractors, are prohibited from conducting any activities that can result in damage to asbestos containing material or in the release of asbestos fibers into the air. The Prince George's County Public Schools has inspected all buildings per the Asbestos Hazard Emergency Response Act (AHERA) and maintains a management plan for each building that details the location and condition of all asbestos containing materials. It is required that a responsible official of the successful offeror’s company visit the Prince George's County Public Schools Environmental Office to review and understand the management plan for the building(s) involved in this specification. THE CONTRACT MAY NOT BE AWARDED UNTIL THIS REQUIREMENT IS MET. Access to the material is required. It is the responsibility of the Offeror to arrange such a review via the Contractual Point of Contract listed below.

B. The Contractor shall be responsible for all asbestos removal within the work area and shall include in his

proposal all costs related to asbestos removal.

C. The BOARD recognizes that Offerors may need to review the management plans and/or make a site visit to the school involved in the specification before submitting their proposals. Offeror should call the Prince George's County Public School’s Environmental Office at 301-952-6525 to make arrangements for such actions.

D. It is the Contractor’s responsibility to make his/her employees and all Subcontractors’ employees aware of the

existence and location of all asbestos containing material and to take appropriate action in accordance with all applicable federal, state and county guidelines whenever the Contractor has discovered any of the following conditions: 1. Asbestos containing material in the work area that must be removed before the Contractor will be able to

continue work. 2. Asbestos containing material in the work area that has preexisting damage. 3. Asbestos containing material in the Contractor’s work area that is undamaged, but which may be affected

by the Contractor’s activity. 4. Work performed by the Contractor has resulted in damage to asbestos containing material or otherwise has

caused the release of asbestos fibers into the air.

E. The BOARD reserves the right to back charge the Contractor for the actual cost of all measures required by the BOARD to correct asbestos damage or fiber release episodes that are the result of the Contractor’s actions. The BOARD also reserves the right to conduct work in progress inspections at any time. The BOARD personnel conducting these inspections will be have the authority to immediately stop work if they find work practices that result in damage to asbestos containing material or otherwise result in asbestos fiber release.

F. A verification of the Contractor’s review of the Asbestos Management Plan(s) will be kept in the Contract File.

The Contractor shall submit the following verification to the Owner:

1. SAMPLE FORM:

I/We, he undersigned, have reviewed and understand the Asbestos Hazard Emergency Response Act Management Plan(s). I/We also acknowledge that our employees will be notified of the existence and location of asbestos containing materials as described in the Management Plan. Our employees will take care to avoid damage to such asbestos containing materials and will


immediately STOP WORK and Notify the BOARD’s ENVIRONMENTAL OFFICE if any material is damage or if fibers are released into the air.

XXXII. MOSH

MARYLAND OCCUPATIONAL SAFETY & HEALTH (MOSH) REQUIREMENTS

A. All contracts with the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY shall be governed by the STATE OF MARYLAND OCCUPATIONAL SAFETY AND HEALTH (MOSH) LAWS. Where any difference(s) may exist between any particular MOSH standard(s) and the corresponding, related United States Occupational Safety and Health Administration (OSHA) standard(s), MOSH LAW SHALL TAKE PRECEDENCE.

1. Offerors submitting proposals relative to any BOARD Request for Proposals shall have the obligation and

responsibility of being knowledgeable with any/all MOSH Laws applicable to any respective Request for Proposals, before submitting any offers. Unfamiliarity shall not be recognized, nor considered, as cause for relief from any subsequent contract.

2. Information pertaining to any particular MOSH Law(s) may be obtained from:

STATE OF MARYLAND DEPARTMENT OF LICENSING AND REGULATION Division of Labor and Industry/Maryland Occupational Safety and Health 1100 North Eutaw Street Baltimore, Maryland 21202 Telephone No.: 410-767-2215

B. Delivery/Installation

1. In the performance of this contract, the contractor, their sub-contractor(s), agent, representative, or

designee shall conform to all MOSH requirements in the performance of deliveries or installation of equipment and materials ordered herein.

C. Equipment/Materials

1. The contractor shall be responsible to deliver only that equipment and materials which conforms in all

respects to MOSH requirements. Any deficiencies found by MOSH inspectors or the BOARD SAFETY OFFICER in equipment or materials delivered herein and deficient to MOSH standards existing at the time of the contract award, shall be promptly corrected by the contractor at no cost to the BOARD OF EDUCATION.

D. Maryland Occupational Safety and Health (MOSH) “Access to Information About Hazardous and Toxic

Substances” Law (Article 89)

1. All contractors providing products deemed as “hazardous” under the above referenced Law, shall provide properly completed Material Safety Data Sheets (including any up-dated information) for the respective products. The Material Safety Data Sheets shall be mailed to the SAFETY OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, UPPER MARLBORO, MARYLAND 20772-9983; and the mailing shall coincide with date of shipment of the respective product(s) to the designated location as specified in the Request for Proposal.

2. All contractors shall also have the responsibility to ensure that each container of hazardous chemical delivered is labeled, tagged, or marked in accordance with MOSH Article 89 Law and have the following minimal, acceptable information:

a. Identity of the hazardous chemical. b. Appropriate hazardous warnings. c. Name and address of the chemical manufacturer, importer, or distributor. Labels, tags, or markings shall be legible, printed in English, and prominently displayed on each container, as required by Law.


3. All contractors shall have the responsibility of furnishing sufficient additional labels, if needed, upon the BOARD’S request, at no additional cost to the BOARD.

a. The BOARD reserves the right to refuse acceptance of any product(s) whether delivered or installed,

which does not conform to the aforementioned MOSH Article 89 requirements, with the cost of return or replacement being the total responsibility of the providing contractor.

XXXIII.BUY AMERICAN STEEL

A. Consistent with the provisions of the Maryland Annotated Code, Article 78A, Sections 68 through 72,

inclusive, known as the "Buy American Steel" Act of the General Assembly of Maryland, Acts of 1978. B. Wherever in these INSTRUCTIONS TO BIDDERS, "steel products," as hereafter defined, are part of the

supplies, services or construction required by Owner, for the construction, reconstruction, alteration, repair, improvement or maintenance of public works, the parties bidding shall predicate their base offer solely upon "steel products" manufactured in the United States of America or one of its territories, continental or insular, subject to the jurisdiction of the United States, unless such "steel products" are not produced in the United States in sufficient quantities to meet the requirements of the Contract, in which event the Total Base Bid is to contain a certification to this effect.

C. Each bidder shall furthermore attach to his BID FORM (using the Substitution Request Form), the proposed

cost of the supplies, services or construction required by Owner where foreign "steel products" are proposed to be used.

D. The Owner, in addition to all other reservations set forth in the Bidding Requirements, shall at the time of the

issuance of the Award and Contract pursuant thereto, determine whether the supplies, services or construction required is to utilize "steel products" of domestic or foreign origin.

E. Note further, that in the event the Award and Contract pursuant thereto is predicted upon the utilization of

domestic "steel products," then, in addition to all other requirements mandated for performance hereafter in these INSTRUCTIONS TO BIDDERS, and all documents issued in conjunction therewith, the person, corporation, partnership, or other business unit or association to whom the Award and Contract pursuant thereto is issued, shall as a further condition precedent to the obtaining of final payment from Owner, furnish same with a certificate under oath that all "steel products" supplied, delivered or constructed were of domestic origin.

F. The "Buy American Steel" Act of Maryland defines "steel products" as any product: "rolled, formed,

shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, bessemer, or other steel making process."


SECTION II SCOPE OF WORK AND SPECIFICATIONS

Architectural/Engineering Services for Window Replacement at Thomas G. Pullen Middle

School, Thurgood Marshall Middle School, Tayac Elementary School, and Bond Mill Elementary School

INTRODUCTION

Prince George’s County Public Schools is soliciting the services of an Architectural/Engineering Consultant (A/E) to provide the design services required for Window (and Door) Replacement Projects at Thomas G. Pullen Middle School Estimated Construction Cost Range: $1,642,284.00 - $1,675,800.00 Thomas G. Pullen Middle School-

Window Replacement Thurgood Marshall Middle School Estimated Construction Cost Range: $812,309.00 - $828,886.00 Thurgood Marshall Middle School – Window Replacement Tayac Elementary School Estimated Construction Cost Range: $990,240.00 - $1,010,449.00 Tayac Elementary School Window & Door Replacement Bond Mill Elementary School Estimated Construction Cost Range: $1,437,000.00 - $1,466,325.00 Bond Mill Elementary School Window Replacement The work shall consist of design development, preparation of construction documents, bid oversight and construction administration services as described herein. Design will commence upon award with a construction document completion date of December 23, 2015 (date the CDs are to be submitted for State approval) and construction completion during the September 2016. Please be advised PGCPS is in full compliance with the State of Maryland and Prince George’s County Government in adhering to the revised Fingerprint and Background Check requirements set forth herein. These requirements are applicable to each and every consultant and sub-consultant team member who will visit any PGCPS school or site. The Specifications and Scope of Work, Project Summary Sheets, attached Preliminary Plans, and all the proposal requirements contained in this RFP should be carefully reviewed. Reponses submitted must meet or exceed all requirements. All exceptions must be noted. Proposed Schedule (Tentative)

RFP Issued: October 09, 2015 Questions Due Date: October 13, 2015 Addendum Posted October 16, 2015 Proposal Due Date: October 29, 2015 CD Completion Date: 30 - 60 days from Notice To Proceed (To be determined

by scope of work Anticipated Construction Contract Award: April 4, 2016 Construction: June 2016 - September 2016

REQUIREMENTS FOR TECHNICAL PROPOSAL The Technical Proposal should be submitted in a bound format with dividers corresponding to the sections that follow. Submissions should be on 8 1/2” x 11” paper or appropriate fold-outs. Number all pages in the proposal.


Please adhere to this format and the requested number of pages. Presentation of materials of past projects may be required. Provide one (1) bound original and four (4) bound duplicate copies.

1. Understanding of Project. Provide a detailed statement of your understanding of the project and of the scope of services requested (2 pages maximum). Include a Master Schedule showing all milestone dates under C above, as well as additional dates required to complete the project in the time frame indicated.

2. Firm Qualifications and Experience. Provide the following information about your company:

a. Name of Firm

Address Telephone number Fax number Email address Name and title of contact person Names of officers in the company

b. Provide a brief overview of your firm, including the number of years your firm has been providing

services comparable to those described herein (1 page maximum).

c. Provide a listing of public design projects in the last five (5) years that are similar in scope, complexity, and size to the current project, for which your firm provided services, with particular emphasis on services similar to those described herein (1 page maximum per project, no limit to number).

Preference will be given to experience working on public school projects. Also, specify any consultants who provided specific services for your firm for the listed projects. For each project, provide the following information, numbered and in the sequence indicated: 1) Owner’s name (school district, government, etc.) 2) Project name and location 3) Owner's Representative, with address, phone number, and email 4) Type of facility in contract 5) Dates when services began and ended 6) Project size, expressed in gross square feet and cost. If an educational facility, also provide

number of students. 7) Provide a description of your firm’s involvement in project: Type of tasks undertaken,

methodology, key personnel involved, etc. 8) Description of innovative construction technologies that facilitated the timely delivery of the

project, or reduced costs for the Owner. 9) Level of experience, if any, with the following approval and permitting agencies:

• Maryland Interagency Committee on Public School Construction (IAC) • Prince George’s County Department of Environment Resources (DER) • Washington Suburban Sanitary Commission (WSSC) • Prince George’s County Sediment Control District (SCD) • Maryland State Department of the Environment (MDE) • Other local jurisdictions

10) Firm’s staffing for project, including consultants 11) Percentage of MBE participation achieved by team 12) Location of office from which the project was principally managed and staffed

d. Provide a detailed organizational chart of your proposed team. Indicate any consultants who will

provide specific services and indicate consultants in the organizational chart. (1 page maximum)


e. Provide brief resumes for each member of your proposed staff for this project, including education,

school design and/or construction experience, references, and any special expertise or unique qualifications. Include information on licensure, certification, or registration. Include resumes of staff from consultant firms. Should substitutions of personnel be proposed by the Respondent after award of contract, the Owner reserves the right to approve or reject any or all replacements.

f. Identify the location of the office from which work on this project will be principally supervised and

staffed.

3. Past Performance. Demonstrate your firm's past performance on contracts with public agencies and private industry with respect to such factors as cost control, quality of work, and ability to meet schedules.

4. Technical Approach. Describe your firm's proposed design approach for this project. Be sure to include

items such as organization of project staff, communication, project reporting, schedule control, consultant coordination, quality control and safety.

5. MBE Participation. Demonstrate your firm’s ability and/or past experience at achieving MBE goals as

described in this RFP. A. PROCESS FOR SELECTION OF ARCHITECTURAL/ENGINEERING SERVICES: A/E services

will be obtained by means of the following procurement process: 1. The BOARD reserves the right to award multiple contracts for Architectural Engineering Services for this

project.

2. Selected firms or Respondents will be asked to submit a Technical Proposal and Separate Price Proposals, as indicated in Part III -- Fee for Services.

3. The Technical Proposal will be evaluated to prioritize the list of Respondents according to a weighted number sequence, with a top possible ranking of 100 points. Only firms or individuals that achieve a minimum of 80 points will be considered for the second phase of this procurement.

4. The Price Proposals of the firms or individuals that meet the minimum points will be considered. If the Price Proposal of the highest ranking firm or individual is in excess of the allocated budget for A/E services, PGCPS may opt to negotiate an acceptable fee schedule or may elect to award to the next highest ranked Respondent with an acceptable fee schedule.

B. EVALUATION CRITERIA Criteria for evaluation of the Technical Proposal (in combination with Oral Interviews) shall be as follows

and shall constitute 100 percent of the total evaluation points assigned.

1. Project Understanding – 15 Points 2. Qualifications and Experience – 25 Points 3. Technical Approach – 35 Points 4. Past Performance and References - 15 5. MBE Participation – 10 Points

Project Understanding

• Describe in sufficient detail the anticipated scope of work and design services need to complete the project.

• Demonstrate compete knowledge of project constraints. • Discuss possible design options to achieve the goals of the project. (Do not provide specific design

solutions.)


Qualifications and Experience

• How long has the company been in business? • How experienced is the company on projects of similar nature? What role did the company or its

staff played on other projects? • What are the staff qualifications as professionals, as managers and leaders? • Show proof that the team can work together to achieve the stated goals of the project. • Has the team worked together on a public school of K-12? • Identify team members that will be responsible for accomplishing the job: • If applicable, what is the sub-contractor’s knowledge and experience with projects of similar nature?

Technical Approach

• The consultant should provide a summary of the proposed technical approach to complete the project. • Discuss the company’s design and project management philosophy. • Discuss the company’s quality assurance and quality control process. • The project technical approach should identify the proposed sequence of activities. • The approach should provide for the unexpected during both design and construction and educate the

PGCPS Committee on how it plans to deal with such situations.

Past Performance and References

• How much litigation has resulted from the consultants project work in the last five years? • Are there other public agencies that can indicate satisfaction with your company performance? • In the last five years, how many projects were completed on schedule and within budget? • Provide past performance evaluations from previous clients.

MBE Participation

• Describe your firm’s and your team’s overall record of MBE participation in providing professional services on past projects, whether design, design-build or design-bid-build construction projects. Include the percentage of MBE participation.

• Provide a description of how your firm will develop a 30% MBE participation plan for this project.

Total Possible Points Technical Proposal 100 points

C. AFFIDAVIT OF NON-COLLUSION 1. The Architect/Engineer shall complete, sign and submit the affidavit of non-collusion included with the

proposal.

D. CONTRACT REQUIREMENTS

1. Start and Completion Dates The contract shall commence following Board approval, and extend through project completion. 2. Agreement Documents

a. The RFP shall be the primary instrument defining the contractual scope of work and the contractual relationship between the parties, with whatever additional terms are mutually agreed to by both the Owner and the Respondent


Architectural/Engineering Services for Window and (Door) Replacement at Thomas G. Pullen Middle School

Thurgood Marshall Middle School Tayac ElementaryElementary School

Bond Mill Elementary School

SPECIFICATIONS AND SCOPE OF WORK

A. SCOPE OF WORK SCOPE OF SERVICES Thomas G. Pullen Middle School – Window Replacement The scope of this project will be to remove and replace the existing windows throughout the entire 1967 building. The work consists of furnishing commercial-grade aluminum single-hung windows and all materials, labor, equipment, permits, and supervision to remove and demolish existing windows and replace with new. The scope for all disturbed openings will include interior spackling and painting, and exterior tuck-pointing and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. Many of the original metal window frames are badly rusted and leaking. The total number of windows to be replaced is 689, including 300 on the first floor and 389 on the second floor. The first floor includes 123 in the lobby, 42 in the lunchroom, four large windows and nine small windows in the office, and 122 windows in classrooms. The second floor windows to be replaced include windows in classrooms, the gym area, and the gym lobby. The window frames are rusted and in some areas have completely rusted out. The perimeter caulking and glazing for the window panes is failing. The existing windows are single pane and have experienced energy loss and are beyond repair. Included in this project are the Tec-Fab aggregate panels that are failing. The failed caulking joints have allowed water to penetrate into the panels, deteriorating the exterior and interior facades. These panels have exceeded their lifecycle and are beyond repair. These project requirements include the complete design for a window replacement project at Thurgood Marshall MS and all associated work. The Designer is to be responsible for design and coordination to provide a fully complete design incorporating all glazing, waterproofing, flashing, caulking and abatement work that includes, but is not limited to:

1. Designer is required to conduct a site visit and a report which records all existing conditions and anomalies unique to the project.

2. Development of the formal construction drawing and specifications to include a registered architect’s state seal

with signature and incorporating all requirements as set forth in all applicable local, State and Federal codes, regulations and/or as directed in the PGCPS Performance Requirements Guidelines, Specifications and Basis of Design document.

3. Include requirements for HAZMAT disposal and removal

4. Design provisions for demolition of existing windows and installation of all windows in order to provide a

complete code compliant system.

5. Removal and reinstallation of all associated equipment and infrastructure as required.

6. Replacement of any existing building fire life safety items associated with the window system.

7. Provision for removal and reinstallation of exiting window mounted air condition units.

8. Define requirements for purchase and installation of a new window shading devices.

9. Designer shall include window opening control devices and window locks.

10. Designer shall obtain all required permits


11. Designer will assemble and prepare all state submission documentation and packages

SCOPE OF SERVICES Thurgood Marshall Middle School – Window Replacement This project will include the removal and replacement of existing windows throughout the entire 1962 building. The work consists of furnishing commercial grade aluminum single-hung windows and all materials, labor, equipment, permits, and supervision to remove/demolish the existing windows and replace with new. The scope for all disturbed openings will include interior spackling and painting and exterior tuck-pointing and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. Provide interior and exterior framing as required to provide a professional finish.. Many of the original metal window frames are badly rusted and leaking. The window design must include a restrictive opening and locking devices to meet code. The total number of windows is 745 in the classrooms, gym, hallways, nurse’s suite, cafeteria, kitchen, media center, guidance office, and the Principal’s and Vice Principal’s offices. These project requirements include the complete design for a window replacement project at Thurgood Marshall MS and all associated work. The Designer is to be responsible for design and coordination to provide a fully complete design incorporating all glazing, waterproofing, flashing, caulking and abatement work that includes, but is not limited to:




3. Develop requirements for HAZMAT disposal and removal









11. Designer will assemble and prepare all state submission documentation and packages SCOPE OF SERVICES Tayac Elementary School – Systemic Exterior Doors and Windows Replacement Project Scope: The scope of this project will be to remove and replace the existing windows and doors through the entire 1955 building and the 1956, 1962, and 1972 facility additions. This project will not include the part of facility that was


added to the complex in 2000 (sections A, B, C, D, E, and F). The work consists of furnishing commercial grade aluminum single-hung windows with double insulated units, all materials, labor, equipment, permits, and supervision to remove and demolish existing windows and doors and replace with new. All disturbed openings shall include interior spackling and painting, exterior tuck-pointing, and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. The total number of windows in the kitchen, classrooms, guidance office, and the Principal’s and Vice Principal’s offices is 603. The total numbers of doors are 18, which include four (4) sets of fire doors in the facility, and fourteen (14) exterior doors. The window frames are rusted and in some areas have rusted out completely. The perimeter caulking and glazing for the window panes is failing and deteriorating the interior façade. The existing windows are single pane and experience energy loss. They are beyond repair. These project requirements include the complete design for a door and window replacement project at Tayac Elementary School and all associated work. The Designer is to be responsible for design and coordination to provide a fully complete design incorporating all glazing, waterproofing, flashing, caulking and abatement work that includes, but is not limited to:





4. Design provisions for demolition of existing doors and windows and installation of all doors and windows in order

to provide a complete code compliant system.






10. Define all hardware requirements. PGCPS will provide hardware standards


12. Designer will assemble and prepare all state submission documentation and packages SCOPE OF SERVICES Bond Mill Elementary School – Window Replacement The scope of this project will be to remove and replace the existing windows throughout the entire 1968 building. The work consists of furnishing commercial grade aluminum single hung windows, all materials, labor, equipment, permits and supervision to remove/demolish existing windows and replace with new. The scope for all disturbed openings shall include interior spackling and painting, exterior tuck-point and brick replacement. All exposed wood shall be covered (color to match) with metal clad. The front entrance, side entrance, and back entrance of the building have a total of 9 long windows (3 per entrance). There are 52 double tier windows that primarily are classroom windows which are actually divided into 2 parts (a top half and a bottom half). There are 28 double tier courtyard windows that are similar to the classroom windows (top half and bottom half). There are also 8 large single pane glass panels in the courtyard that will be replaced. Many of the original metal window frames are badly rusted and leaking. The window frames are rusted and in some areas have rusted completely out. The perimeter caulking and glazing for the window panes is failing and deteriorating the interior façade.


The existing window system is single pane and has experienced energy loss and is beyond repair. The window replacement for this project is not in the same area as the FY13 Open Space Pod project which is nearing completion. These project requirements include the complete design for a window replacement project at Bond Mill ES and all associated work. The Designer is to be responsible for design and coordination to provide a fully complete design incorporating all glazing, waterproofing, flashing, caulking and abatement work that includes, but is not limited to:













11. Designer will assemble and prepare all state submission documentation and packages B. ARCHITECTURAL/ENGINEERING SERVICES

The following services are expected during the various phases of planning. Materials will be submitted to the Maryland State Department of Education at the Schematic Design, Design Development, and Construction Document phases for compliance with State educational guidelines. Additional requirements are described in the attached sample A/E Contract.

1. General: Prince George’s County requires the services of a Fire Protection Engineer on all projects larger than $4,000,000. It is the Respondent’s responsibility to determine all other requirements of Prince George’s County or other authorities which may apply to this project. It is expected that the Respondent will become completely familiar with all applicable regulations, so that no delays or cost increases are experienced on account of failure to comply with code or regulatory requirements. No adjustment in fee will be made for Respondent’s failure to acquaint fully with the requirements of Prince George’s County and other authorities having jurisdiction. 2. Pre-Design/Schematic Design Services: Schematic Design Services will consist of:

a. Verification of program and budget, site analysis, conceptual design, and design considerations.

b. Architectural Schematics:

(1) Plans, sections, and elevations (2) Interior design


c. Engineering Systems Analysis (narrative format)

(1) Structural (2) Mechanical (HVAC & Plumbing) (3) Electrical (4) Fire protection systems

d. Preliminary description of materials e. Preparation and submittal of all required State IAC forms f. Statement of Project Cost (IAC Worksheet) and backup

g. Agency Review

(1) Board of Education (2) Interagency Committee (IAC) (3) Fire Marshal (4) Health Department (5) Department of Environmental Resources (6) Local regulatory agencies, as required (7) State and federal regulatory agencies, as required

h. Coordination with PGCPS to add allowance number to bid to cover abatement using the following process:

1. During the Schematic Design phase- PGCPS environmental is contacted to verify scope of abatement work in order to estimate the possible cost for the abatement allowance.

2. Add allowance number to construction bid documents based on Environmental Specialist recommendation.

3. General Contractor, Design Builder, or JOC to perform abatement using PGCPS prequalified contractor.

3. Design Development Services: At the 35% level of design completion (Design Development), the A/E will submit the following:

a. Site Key Plan:

(1) Site key plan identifying area of work b. Architectural:

(1) Plans, building sections, elevations at 1/8” = 1’-0” minimum. (2) Interior design: Preliminary furnishing and color schedules, layout of equipment/furniture at 1/4"

= l' - 0" scale, and elevations of all principal rooms. Review of 1/4” scale layouts with school administrators and supervisors is required.

(3) Typical wall sections at 1/2” = 1’-0” minimum, indicating all materials and major systems. (4) Outline recommendations for acoustic treatment where required, with recommended reverberation time.

(5) Response to previous schematic phase design review comments c. Engineering Systems:

(1) Structural: Foundation and framing drawings, with majority of framing and foundation sizes determined.

(2) Mechanical: HVAC & Plumbing single line drawings (3) Electrical: Lighting layout plans, and power requirements (4) On-site utilities, fire hydrant lines, and storm drains


(5) Fire protection systems (6) Energy evaluation according to Interagency Committee requirements. (7) Emergency Shelter Provision (if required)

d. Outline specifications with preliminary description of materials and scope of the work. Include Design Data Handbook with manufacturers’ catalog cut sheets.

e. Estimate of project cost, including Value Engineering assessments

f. Preparation and submittal of all required State IAC forms g. Statement of project and life cycle costing according to IAC criteria h. Administrative services and conferences, as required i. Government and regulatory agency reviews:

(1) Board of Education (2) Interagency Committee (IAC) (3) Fire Marshal (4) Health Department (5) Department of Environmental Resources (6) Licenses and Permits (7) Other local and Federal Regulatory Agencies as required

Construction Document Services and Permitting NOTE: The Construction Documents are not considered to be complete until they have met all requirements of local and state permitting authorities.

a. Architectural working drawings and specifications b. Engineering working drawings and specifications (1) Structural (2) Mechanical (HVAC and Plumbing) (3) Electrical c. Interior Design

(1) Architectural (2) Furnishing and color schedules, with presentation of materials boards for review by Prince

George’s County Public Schools Departments of Planning, Maintenance, and Plant Operations staff.

(3) Final equipment layouts 1/4" = l' - 0" scale. Final review with administration and supervisors is required.

(4) Acoustic treatment and report, where required. d. Preparation and submittal of all required state IAC forms

e. Value Engineering review of design f. Statement of Project Cost

(1) IAC cost estimate work sheet (2) Detailed cost estimate

g. Administrative services and conferences, as required

h. Government and Regulatory Agency Reviews:


(1) Board of Education (2) Interagency Committee (IAC) (3) Fire Marshal (4) Health Department (5) Department of Environmental Resources (6) Licenses and Permits

(7) Washington Suburban Sanitary Commission (Plumbing, sewer, fire hydrants and lines, and on-site permit)

(8) Other State, Local and Federal Regulatory Agencies as required

5. Bidding Services

The A/E will conduct the following procedures:

a. Bidding Phase Services

(1) Printing and delivery of contract documents Number of sets of documents required - 10 (2) Interpretation of documents (Addenda)

b. Assist PGCPS in analysis, evaluation and recommendations of bids

c. Administrative services and conferences 6. Contract Administration Services

a. Pre-construction conference b. Job schedule review c. Project cost accounting

(1) Payment review and certification (2) Review of cost proposals

d. Shop drawings and submittal review

(1) Review and approval of materials and assembly (2) Interpretation of drawings and specifications including materials substitution(s)

e. Clarification Drawings

(1) Interpretation of documents (2) Drawings to address field conditions

f. Change order requests: Review for cost and merit, make recommendations to Owner for approval.

g. Job Meetings

(1) Progress Meetings: Bi-weekly, or more frequently as required (2) Periodic site visits during construction, and provide observation report (3) Punch Lists

h. Perform site observations and confirm that the construction project is built according to approved plans

and documents of Prince George’s County Department of Environmental Resources, Permits and Review Division.


i. Coordination and monitoring of Quality Control Testing and Certification. Construction testing and Third Party Inspection Program (TPIP) services will be paid by the Owner.

j. Review guarantees and certification k. As-built drawings administration l. Close-out procedures, including service contracts, warranties, and securing project manuals. m. Administration of warranty period

C. MISCELLANEOUS INFORMATION It is intended that the architect shall provide complete services for all phases of the project, including obtaining all approvals of plans/specifications and obtaining the release of all permits. Payment for 100% of Construction Document Services will not be made until the project receives all required approvals to proceed to construction.

The Manufacturer's Approval List is to be strictly adhered to in the preparation of plans and specifications. No proprietary materials or services will be specified, unless appropriate justification is provided. The A/E will be responsible for verifying the existence of all special materials or equipment of all manufacturers specified and the availability of all materials. Reproducing preprinted specifications without verifying the applicability to this project is to be avoided.


SECTION III PROJECT SUMMARY SHEET

Thomas G. Pullen Middle School Window Replacement PSC 16.122.16 School’s Address: 700 Brightseat Road, Landover, MD Project Description

Thomas G. Pullen MS Window Replacement Project Scope: The scope of this project will be to remove and replace the existing windows throughout the entire 1967 building. The work consists of furnishing commercial-grade aluminum single-hung windows and all materials, labor, equipment, permits, and supervision to remove and demolish existing windows and replace with new. The scope for all disturbed openings will include interior spackling and painting, and exterior tuckpointing and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. Many of the original metal window frames are badly rusted and leaking. The total number of windows to be replaced is 689, including 300 on the first floor and 389 on the second floor. The first floor includes 123 in the lobby, 42 in the lunchroom, four large windows and nine small windows in the office, and 122 windows in classrooms. The second floor windows to be replaced include windows in classrooms, the gym area, and the gym lobby. The window frames are rusted and in some areas have completely rusted out. The perimeter caulking and glazing for the window panes is failing. The existing windows are single pane and have experienced energy loss and are beyond repair. Included in this project are the Tec-Fab aggregate panels that are failing. The failed caulking joints have allowed water to penetrate into the panels, deteriorating the exterior and interior facades. These panels have exceeded their lifecycle and are beyond repair. Estimated Construction Cost Range: $1,642,284.00 - $1,675,800.00

Available Documents

An 8.5”x 11”preliminary plan is attached to this solicitation. A full-scale as-built may be available from the Department of Capital Programs and provided to the awarded A/E If a hard copy of this document would be helpful in your proposal preparation, please contact Pershey Drayton (301-952-6615). PGCPS is not responsible for the accuracy of the As-Built drawings and information within. A/E firm will be responsible for verifying and checking the accuracy and completeness of the documents.


PROJECT SUMMARY SHEET

Thurgood Marshall Middle School Window Replacement PSC No. 16.156.16

School’s Address: 4909 Brinkley Road, Temple Hills, MD Project Description Thurgood Marshall Middle School – Window Replacement Project Scope: The scope of this project will include the removal and replacement of existing windows throughout the entire 1962 building. The work consists of furnishing commercial grade aluminum single-hung windows and all materials, labor, equipment, permits, and supervision to remove/demolish the existing windows and replace with new. The scope for all disturbed openings will include interior spackling and painting and exterior tuckpointing and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. Many of the original metal window frames are badly rusted and leaking. The total number of windows is 745 in the classrooms, gym, hallways, nurse’s suite, cafeteria, kitchen, media center, guidance office, and the Principal’s and Vice Principal’s offices. Estimated Construction Cost Range: $812,309.00 - $828,886.00 Available Documents An 8.5”x 11”preliminary plan is attached to this solicitation. A full-scale as-built may be available from the Department of Capital Programs and provided to the awarded A/E If a hard copy of this document would be helpful in your proposal preparation, please contact Pershey Drayton (301-952-6615). PGCPS is not responsible for the accuracy of the As-Built drawings and information within. A/E firm will be responsible for verifying and checking the accuracy and completeness of the documents.


PROJECT SUMMARY SHEET Tayac Elementary School Window and Door Replacement PSC No. 16.177.16

School’s Address: 8600 Allentown Road, Fort Washington, MD Project Description Tayac Elementary School – Systemic Exterior Doors and Windows Replacement Project Scope: The scope of this project will be to remove and replace the existing windows and doors through the entire 1955 building and the 1956, 1962, and 1972 facility additions. This project will not include the part of facility that was added to the complex in 2000 (sections A, B, C, D, E, and F). The work consists of furnishing commercial grade aluminum single-hung windows with double insulated units, all materials, labor, equipment, permits, and supervision to remove and demolish existing windows and doors and replace with new. All disturbed openings shall include interior spackling and painting, exterior tuck-pointing, and brick replacement. All exposed wood shall be covered (color to match) with metal cladding. The total number of windows in the kitchen, classrooms, guidance office, and the Principal’s and Vice Principal’s offices is 603. The total number of doors are 18, which includes four (4) sets of fire doors in the facility, and fourteen (14) exterior doors. The window frames are rusted and in some areas have rusted out completely. The perimeter caulking and glazing for the window panes is failing and deteriorating the interior façade. The existing windows are single pane and experience energy loss. They are beyond repair. Estimated Construction Cost Range: $990,240.00 - $1,010,449.00 Available Documents An 8.5”x 11”preliminary plan is attached to this solicitation. A full-scale as-built may be available from the Department of Capital Programs and provided to the awarded A/E If a hard copy of this document would be helpful in your proposal preparation, please contact Pershey Drayton (301-952-6615). PGCPS is not responsible for the accuracy of the As-Built drawings and information within. A/E firm will be responsible for verifying and checking the accuracy and completeness of the documents.


PROJECT SUMMARY SHEET Bond Mill Elementary School Window Replacement PSC No. 16.023.16

School’s Address: 16001 Sherwood Avenue Laurel, MD Project Description Bond Mill ES – Window Replacement Project Scope: The scope of this project will be to remove and replace the existing windows throughout the entire 1968 building. The work consists of furnishing commercial grade aluminum single hung windows, all materials, labor, equipment, permits and supervision to remove/demolish existing windows and replace with new. The scope for all disturbed openings shall include interior spackling and painting, exterior tuck-point and brick replacement. All exposed wood shall be covered (color to match) with metal clad. The front entrance, side entrance, and back entrance of the building have a total of 9 long windows (3 per entrance). There are 52 double tier windows that primarily are classroom windows which are actually divided into 2 parts (a top half and a bottom half). There are 28 double tier courtyard windows that are similar to the classroom windows (top half and bottom half). There are also 8 large single pane glass panels in the courtyard that will be replaced. Many of the original metal window frames are badly rusted and leaking. The window frames are rusted and in some areas have rusted completely out. The perimeter caulking and glazing for the window panes is failing and deteriorating the interior façade. The existing window system is single pane and has experienced energy loss and is beyond repair. The window replacement for this project is not in the same area as the FY13 Open Space Pod project which is nearing completion. Estimated Construction Cost Range: $1,437,000.00 - $1,466,325.00 Available Documents An 8.5”x 11”preliminary plan is attached to this solicitation. A full-scale as-built may be available from the Department of Capital Programs and provided to the awarded A/E If a hard copy of this document would be helpful in your proposal preparation, please contact Pershey Drayton (301-952-6615). PGCPS is not responsible for the accuracy of the As-Built drawings and information within. A/E firm will be responsible for verifying and checking the accuracy and completeness of the documents.


AFFIDAVIT OF NON-COLLUSION Thomas G. Pullen Middle School Window Replacement PSC 16.122.16

The Architect/Engineer warrants and certifies that,

1. By submission of this offer, each Respondent certifies, and in the case of a joint offer each party thereto certifies as to his or her own organization, that in connection with this procurement. a. The prices in this offer have been arrived at independently, without consultation,

communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Respondent or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the Respondent and will not knowingly be discussed by the Respondent prior to award directly or indirectly to any other Respondent or to any competitor; and

c. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

2. Each person signing this offer certifies that:

a. He or she is the person in the Respondent's organization responsible within that

organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to 1a above; or

b. (i) He or she is not the person in the Respondent's organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 1a through 1c above, and as their agent does hereby so certify; and, (ii) He or she has not participated, and will not participate, in any action contrary to 1a through 1c above.

3. Each person signing this offer certifies that neither the firm, Administrative or Supervisory personnel nor subcontractors presently has or will have for the duration of this contract, a partnership, master/servant relationship, or any other type of agency financial relationship with the Project Architect or any member of its Administrative or Supervisory personnel.

_________________________________ ______________________________________________ Firm Name Signature of Architect/Engineer

______________________________________________

Date

SUBSCRIBED AND SWORN to before me, a Notary Public of the State of _________________________, County or City of ________________________ this_________ day of ___________ ________, 20_____.

________________________________ Notary Public

My Commission Expires: ______________________


AFFIDAVIT OF NON-COLLUSION Thurgood Marshall Middle School Window Replacement PSC No. 16.156.16







c. He or she is the person in the Respondent's organization responsible within that


d. (i) He or she is not the person in the Respondent's organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 1a through 1c above, and as their agent does hereby so certify; and, (ii) He or she has not participated, and will not participate, in any action contrary to 1a through 1c above.



______________________________________________

Date


________________________________ Notary Public

My Commission Expires: ______________________


AFFIDAVIT OF NON-COLLUSION Tayac Elementary School Window and Door Replacement PSC No. 16.177.16







e. He or she is the person in the Respondent's organization responsible within that


f. (i) He or she is not the person in the Respondent's organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 1a through 1c above, and as their agent does hereby so certify; and, (ii) He or she has not participated, and will not participate, in any action contrary to 1a through 1c above.



______________________________________________

Date


________________________________ Notary Public

My Commission Expires: __________________


AFFIDAVIT OF NON-COLLUSION Bond Mill Elementary School Window Replacement PSC No. 16.023.16







g. He or she is the person in the Respondent's organization responsible within that


h. (i) He or she is not the person in the Respondent's organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 1a through 1c above, and as their agent does hereby so certify; and, (ii) He or she has not participated, and will not participate, in any action contrary to 1a through 1c above.



______________________________________________

Date


________________________________ Notary Public

My Commission Expires: __________________


SECTION IV FEE PROPOSALS

FEE PROPOSAL

Project: Thomas G. Pullen MS Window Replacement PSC No. 16.122.16

The submitting firm agrees to perform all A/E Services as outlined for this Total Fee. Construction Documents will be at least 95% complete and ready for approval submission by December 23, 2015.

Item Description

Proposed Fee

Design Phase

Schematic Design Phase (35%)

Design Development (75%)

Construction Documents and State Submission (95%)

Bidding Phase

Construction Administration and Close-Out Phase

Reimbursables

TOTAL FEE

__________________________________________________________________________________ VENDOR NAME (print name) ___________________________________________________________________________________ ADDRESS ___________________________________________________________________________________ SIGNATURE ___________________________________________________________________________________ PHONE # FAX # __________________________ _______________________________ EMAIL ADDRESS DATE


FEE PROPOSAL Thurgood Marshall Middle School Window Replacement

PSC No. 16.156.16


Item Description

Proposed Fee

Design Phase




Bidding Phase


Reimbursables

TOTAL FEE



FEE PROPOSAL Tayac Elementary School Window and Door Replacement

PSC No. 16.177.16


Item Description

Proposed Fee

Design Phase




Bidding Phase


Reimbursables

TOTAL FEE



FEE PROPOSAL

Bond Mill Elementary School Window Replacement PSC No. 16.023.16


Item Description

Proposed Fee

Design Phase




Bidding Phase


Reimbursables

TOTAL FEE



AFFIDAVIT This document shall be completed, signed by an authorized company official & submitted with your proposal response. Contractor Proposal No. Address City, State and Zip Telephone Fax Email

FOR MINORITY USE ONLY LOCALLY BASED MINORITY BUSINESS: PGC MBE____ PGC MWE _____ MD MBE_____ MD MWE_____ INDICATE IF YOU ARE A MINORITY BUSINESS CERTIFIED BY: P.G. COUNTY GOVERNMENT: Certification No.: ___ MD. STATE DEPT. OF TRANSPORATION: Certification No.: ______________________

AFFIDAVT I The Contractor, his agent, servants and/or employees, have not in any way colluded with anyone for and on behalf of the contractor or themselves, to obtain information that would give the Contractor an unfair advantage over others, not have thy colluded with anyone for and on behalf to the contractor, or themselves, to gain any favoritism in the award of the contract herein.

AFFIDAVIT II No officer or employee of the Board of Education Prince George's County Public Schools, whether elected or appointed, has in any manner whatsoever, any interest in or has received prior hereto or will received subsequent hereto any benefit, monetary or material, or consideration from the profits or emoluments of this contract, job, work or service for the Board, and that no officer or employee has accepted or received or will receive in the future a service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally, nor has any such officer or employee of the Board received or will receive, directly or indirectly, any part of any fee, commission or other compensation paid or payable to the Board in connection with this contract, job, work, or service for the Board, excepting, however, the receipt of dividends on corporation stock.

AFFIDAVIT III Neither I, nor the Contractor, nor any officer, director, or partners, or any of its employees who are directly involved in obtaining contracts with the Board have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state, or of the federal government for acts of omissions committed.

AFFIDAVIT IV Neither I, nor the Contractor, nor any of our agents, partners, or employees who are directly involved in obtaining contracts with the Board have been convicted within the past 12 months of discrimination against any employee or applicant for employment, nor have we engaged in unlawful employment practices as set forth in Section 16 of Article 49B of the Annotated Code of Maryland or, of Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.

AFFIDAVIT V I further affirm that neither I nor the above firm shall knowingly enter into a contract with the Board under which a person or business debarred or suspended from contracting with a public body 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. I acknowledge that this Affidavit is to be furnished to the Board. I acknowledge that I am executing this Affidavit in compliance with the provisions of Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland which provides that persons who have engaged in certain prohibited activity may be disqualified, either by operation in law or after a hearing, from entering into contracts with the Board. I further acknowledge that if the representations set forth in this Affidavit are not true and correct, the Board may terminate any contract awarded, and take any other appropriate action. I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing affidavit are true and correct to the best of my knowledge, information and belief. Signature Date Printed Name Title- Authorized Official If a corporation, it was organized under the laws of the state of, in the year _______ a partnership, list names of partners .


ADMINISTRATIVE PROCEDURE 3325 Procedure No. September 30, 2008 Date

I. PURPOSE: To establish a resolution that a goal of 30 percent be attempted on all contracts with a

minimum of 15 percent of the total dollar value for all Prince George’s County Public Schools’ contracts for materials (other than materials of instruction), supplies, equipment, services and construction, as entered into during any fiscal year, be purchased directly or indirectly from Minority Business Enterprises (MBEs).

II. POLICY: As set forth in state law and county ordinance, the Prince George's County Public

Schools' Minority Business Enterprise Program must meet certain statutory and regulatory requirements. In recognition of existing state and county statutes, rules, regulations, and resolutions, and consistent with statutory provisions related to proposals and awards thereon by local boards of education, the Board of Education of Prince George's County adopted a minority business Administrative Procedure on April 21, 1986. This procedure, revised on July 1, 2004, supersedes the procedure of June 30, 1998.

III. BACKGROUND: The following regulations all seek to achieve certain minimum percentages of

total contract expenditures for minority business enterprises, as hereafter defined, where state or county funds are involved. A. Annotated Code of Maryland, State Finance and Procurement, Article

14-301.

B. Annotated Code of Maryland, Education, Article Section 5-301.

C. Annotated Code of Maryland, Education, Article Section 4-125. D. Code of Maryland Regulations, Title 21, Subtitle 11, Chapter 3.

E. Prince George's County Code, 10-A, Subdivision 10A-136, Assistance to Minority Business

Enterprise.

F. Interagency Committee Rules, Regulations and Procedures for the Administration of the School Construction Program, Section 15 (approved by Board of Public Works, October 6, 1993).

IV. DEFINITIONS:

A. Minority Person: A member of a socially or economically disadvantaged minority group that for the purposes of this procedure includes African Americans, American Indians/Native Americans, Asians, Hispanics, Women, Physically or Mentally challenged individuals, and Not-for-Profit entities organized to promote the interests of physically or mentally disabled individuals.

B. Minority Business Enterprise (MBE): Any legal entity, other than a joint venture, that is at

least 51 percent owned and controlled by one or more minority person(s), organized to engage in commercial transactions.

MINORITY BUSINESS ENTERPRISE PROCUREMENT PROCEDURES


C. Ownership:

1. For a sole proprietorship to be deemed a minority business enterprise, the sole proprietor must be a minority person. If the ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person or business entity, the options, security interests, agreements, etc., held by the non-minority person or business entity must not significantly impair the minority person's ownership interest.

2. For a partnership to be deemed a minority business enterprise, at least 51 percent of

the partnership's assets or interests must be owned by a minority person or minority persons. If the ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person or business entity, the options, security interests, agreements, etc., held by the non-minority person or business entity must not significantly impair the minority person(s) ownership interest.

3. For a corporation to be deemed a minority business enterprise, legal and equitable ownership of at least 51 percent of the aggregate of all classes of stocks, bonds, or other securities issued by the corporation must be owned by a minority person(s). If an ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person(s) or business entity, the options, security interests, agreements, etc., held by the non-minority person(s) or business entity may not significantly impair the minority person(s)’ ownership interest. (Note: stock held in trust is not considered as stock held by the disadvantaged business persons when computing the business person(s)’ ownership).

D. Control: Minority owners shall either collectively or individually possess the working knowledge of the technical requirements needed, power to direct or cause the direction of management, policies and objectives and to make all substantive, day-to-day decisions on applicant's major and/or essential operations. In addition, the applicant must demonstrate technical knowledge of the firm’s major areas of work. No formal or informal restrictions of any kind shall exist, which limit the customary discretion necessary for actual business control by the minority owners.

E. Certification: The determination that a legal entity is a minority business enterprise consistent with the provisions of Subtitle 3 (13-301b) of the State Finance and Procurement Article.

F. Certified Minority Business Enterprise: A minority business that holds a certification issued

by Maryland Department of Transportation (MDOT), Washington Metropolitan Airport Transportation Authority (WMATA) and recertification issued by Prince George's County Government.

G. Race Neutral Measure: Means a method that is or can be used to assist small businesses.

H. Minority Business Enterprise Coordinator: The employee designated to administer the

Board of Education's Minority Business Enterprise Program.

I. Buyer: Purchasing agent-handling solicitations.


V. MINORITY BUSINESS ENTERPRISE PROGRAM RESPONSIBILITIES:

A. A roster of MBEs, listing each firm by commodity and service provided, certification, minority business code, location, and current certification status, shall be maintained in Purchasing Services.

B. The MBE Coordinator, who shall be an employee assigned to Purchasing Services, shall have the direct responsibility for maintaining said roster.

C. Any MBE on a current listing of Maryland Department of Transportation or Prince George's County Government list of certified MBEs shall, upon furnishing evidence of such, be automatically deemed eligible for placement on the roster of MBEs of Prince George's County Public Schools.

VI. CERTIFICATION: The determination that a legal entity is an MBE consistent with the intent of Subtitle 3 of the State Finance and Procurement Article.

VII. TECHNICAL ASSISTANCE-OUTREACH-TRAINING EFFORTS: The MBE Coordinator shall have the direct responsibility for implementing a "Technical Assistance-Outreach-Training Program" for small and minority vendors. Said program may cover any and all factors necessary to enable small and minority firms to do business with Prince George's County Public Schools.

VIII. SOLICITATIONS: All Requests for Proposal (RFP) will be reviewed and may, at the discretion

of the Board of Education’s representative, require a percentage equal to 30 percent but a minimum of 15 percent participation by minority businesses as defined herein in supply, service, construction, moveable equipment, and architectural and engineering services contracts.

IX. ADVERTISING: Prior to advertising a Request for Proposal (RFP), a Prince George's County

Public Schools’ representative from the appropriate division responsible for the contract, a Purchasing agent, and the MBE Coordinator will jointly identify all sub-contractible opportunities in the RFP. All proposals will include the following information: A. The Prince George’s County Public Schools does not discriminate on the basis of race,

color, sex, or national origin in consideration for award. Minority businesses are encouraged to submit proposals in response to this notice.

B. Minority business firms will be considered as minority business contractor or subcontractor, if certified by any of the following: Prince George’s County Government and the Maryland Department of Transportation.

C. The certified minority business goal for each RFP will be noted on the front cover of the RFP under “Special Note” and identified as a deliverable in the contract.

X. SOLICITATION PROCESS FOR PHONE AND WRITTEN QUOTES. THIS PROCESS

INCLUDES PROFESSIONAL SERVICES (Architects, Engineers, Non-Instructional Services Consultants, Contractual Services, etc.) A. For contracts less than $5,000, solicitations from more than one vendor are not required.

Users and buyers are strongly encouraged to solicit from MBEs in addition to other prospective respondents.


B. If contracts are estimated to be between $5,001 - $10,000, a minimum of three (3) qualified firms shall be solicited for quotations. Two (2) firms are to be certified minority. If three (3) firms cannot be solicited, or if pricing is obtained directly from the manufacturer or its direct distributor, a note of explanation shall be made on the quotation worksheet. Current catalog prices and prior proposal prices may, if confirmed by the supplier, serve in lieu of quotations. Certified minority business enterprises (MBEs) should always be contacted in addition to other prospective respondents.

C. A request for written quotations shall be solicited when the estimated dollar value of the request exceeds $10,001 but is less than $25,000.00. A written specification shall be prepared and mailed to a minimum of three (3) firms requesting written quotations of pricing. A minimum of two (2) minority firms shall be sent the solicitation.

D. Formal proposals are required for procurements over $25,000.00

E. Local MBE firms within Prince George's County should be contacted first for telephone and written solicitations. If there are less than 3 MBE firms available in Prince George’s County, a broader search of the MDOT MBE Central Directory at www.marylandtransportration.com (click on MBE/DBE Program and proceed to the Directory) shall be contacted.

F. In the event the buyer/user department is unable to locate a minority firm for a specific

service, the MBE Coordinator shall be contacted as an additional resource.

G. Evaluation and selection of professional services - The contract process for these services will involve Purchasing Services.

XI. SOLICITATION PROCESS FOR FORMAL PROPOSALS:

A. To be considered a responsive respondent, contractors are required, when specified in proposal documents, to subcontract with MBEs for the stated percentage of the total dollar value of the contract price. (The percentage of MBE participation is based on the anticipated value of the contract.) Should MBE participation be required, MBE form 1 shall be completed and submitted as part of the proposal or proposal and MBE forms 2 through 5 must be completed and submitted within ten (10) working days after notification of being the lowest respondent.

B. Bonus Points: (for locally-funded projects) Minority Business Enterprise (10%) Prince George’s County Based Minority Business Enterprise (15%) 1. During the evaluation process the Buyer shall determine the eligibility of any

participating certified MBE to match the proposal, dollar for dollar, of the lowest responsible respondent by application of bonus points.

2. In determining if a certified MBE is entitled to match the competitively proposal

price of the lowest responsible respondent, the Buyer shall adjust the proposal price submitted by an MBE, 10% for MBEs, 15% for Prince George’s County-based MBEs) (for the purpose of evaluation and offer to match only) by reducing the proposal price of such firm by the product of: (1) the proposal price of the apparent


lowest responsible respondent; and: (2) the bonus factor applicable to the MBE (as stated above).

3. Once it has been determined through the application of the bonus points as

aforementioned that the proposal price submitted by an MBE, after adjustment, was lower than or equal to the proposal price of the lowest responsible respondent, such MBE shall be given the opportunity to accept the proposal at the lowest proposal price.

4. If said lowest responsible respondent is a minority firm not located in Prince

George's County or Maryland, a Prince George's County-based or Maryland-based firm will be awarded bonus points. Once the bonus points are applied, the Prince George's County-based or Maryland-based minority firm will be afforded the opportunity to match the proposal of the lowest responsible respondent, if so justified.

5. The Buyer shall notify the MBEs, that by virtue of the application of the bonus

points, the minority business enterprise is entitled to match the proposal of the lowest responsible respondent. Qualifying MBEs will be given a period of five (5) business days from the issuance of such notifications by the Buyer the opportunity to match the proposal originally submitted by the lowest responsible respondent.

6. As a result of such notifications, if more than one MBE proposes to reduce its

previous proposal to that of matching the proposal of the original lowest responsible respondent, the contract shall be awarded with preferences given in the following order: first, Prince George's County-based MBE; and second, Maryland-based MBE.

7. If two or more MBEs qualify for the same preference contract award and are

prepared to match the proposal of the original lowest responsible respondent, the Buyer shall, by toss of a coin, select the party to whom the contract will be awarded.

8. If the MBE entitled to match a proposal indicates to the MBE Coordinator that it can

only match the proposal of the otherwise lowest responsible respondent if relieved from the necessity of furnishing a bond from a recognized surety guaranteeing the total performance under any contract to be awarded, the Chief Financial Officer may, upon a finding that the MBE has demonstrated adequate performance on prior contracts with the state, county, any of its agencies, municipal corporations, or any local boards of education, waive such requirement.

9. If the MBE determines that it cannot match the lowest responsible respondent after

being offered an opportunity to do so, the MBE will not be penalized.

C. Composition of Minority Subcontractors:

1. It is the intent of Prince George's County Public Schools (PGCPS) that the contractor includes fair representation of all minority groups in the required percentage of MBE subcontracting participation.

2. If the successful respondent is an MBE firm, it shall be the obligation of the

contractor to maintain its status as a certified MBE or to maintain the required subcontracting percentage with certified MBE firms, whichever may be applicable,


throughout the term of the contract or any extension thereof. In the event that any of the representations or circumstances of the contractor change with respect to the MBE status, the contractor shall notify the Board of Education immediately. The contractor shall also report any change in minority business usage if different than information submitted at the time contract is signed.

D. Pre-Proposal Conference:

1. At each Pre-Proposal Conference, the Prince George's County Public Schools representative will explain the MBE subcontracting requirement, MBE provisions of the solicitation, bonus points, documentation required, and its relationship to the respondent’s responsiveness.

2. Prime contractors must request price quotes from MBE subcontractors at least ten

(10) working days prior to the proposal opening. However, this may be adjusted at the discretion of the Board of Education.

3. Respondents may use the services offered by the MBE Program Coordinator to

develop its MBE participation requirement.

4. When MBE subcontracting is required, each proposal or offer submitted in response to a solicitation must be accompanied by a completed Minority Business Enterprise Utilization Affidavit (MBE Form #1) which has been duly notarized.

5. After the review of responsive proposals, the successful respondent will be notified.

Final approval of contract award will not be made until a list of all MBEs and other related documents from the contractor are received and reviewed.

E. Contract Award:

1. The following documentation must be furnished by the apparent low respondent within ten (10) working days from notification when subcontracting is required: a. A completed Schedule for Participation of Minority Business Enterprise

(MBE Form #5); b. A Statement of Intent (MBE Form #4); and c. A copy of the current acceptable certification letter attached to Schedule of Participation of MBEs (Attachment #5) d. Outreach Efforts Compliance Statement (MBE Form #6) Each document will show the agreed prices to be paid to each certified MBE for the work and identify in detail the contract items to be performed by the certified minority business and the proposed timetable for such performance. An authorized representative from both the prime and subcontracting firms must sign all documents. The respondent will certify in writing that there is an existing subcontract for all work that has been sublet.

2. The Prince George's County Public Schools’ MBE Program Coordinator will conduct a preliminary evaluation of the apparent low respondent’s submission to


determine whether the proposed MBE participation is in compliance with the outlined requirements.

3. Based on the evaluation of contract documents submitted, the Prince George's

County Public Schools’ representative will determine if the low respondent is in compliance with the MBE participation requirements and may recommend to make the final award or require additional information.

F. Request For Waiver/Exception of Minority Business Enterprise Goal: 1. A waiver/exception of the MBE contract requirement may be granted by the Board

of Education only upon receipt of a written request with supporting documentation which presents a reasonable demonstration by the respondent that MBE participation was impossible to obtain or was not obtainable at a reasonable price, and that the public interest is served by a waiver. Any request for a waiver/exception should be submitted on a Request for Waiver/Exception Form (MBE Form #3) and contain the following: a. A detailed statement of the efforts made to contact and negotiates with

certified minority businesses including: names, addresses, date, and telephone numbers of certified minority businesses contacted;

b. A description of the information provided to MBEs regarding plans, specifications, and anticipated time schedule for portions of the work to be performed;

c. A detailed statement of efforts made to select portions of work proposed to be performed by certified minority businesses in order to increase the likelihood of achieving the stated requirement;

d. A detailed statement of reasons for a contractor's conclusion that a certified minority business is not qualified to perform the work needed; and

e. A list of minority subcontractors found to be unavailable. (This list should be accompanied by the Minority Subcontractor Unavailability Certificate (MBE Form #2) signed by the MBE or a statement from the apparent low respondent that the certified business did not provide the Minority Subcontractor Unavailability Certificate.)

2. A waiver/exception to the MBE requirement will be granted upon determination by

the Prince George's County Public Schools’ representative that qualified MBEs are not available to participate in a contract or at a reasonable price consistent with the stated MBE contract requirement and the total contract award. Upon consideration of all the waiver/exception documents submitted in accordance with this provision, the Prince George's County Public Schools’ MBE Coordinator may approve or deny any request for a waiver/exception.

3. The low respondent’s failure to participate in any of these proceedings or failure to

furnish information after written request may result in rejection of the proposal on the basis of non-responsiveness.

G. Contractor Responsibility and Compliance: The contractor shall perform the contract in accordance with the representations made in the Minority Business Enterprise Utilization Affidavit (MBE Form #1) submitted as part of the proposal and on the Schedule for Participation of Certified Minority Business Enterprise (MBE) submitted after the proposal


(MBE Form #5). All compliance monitoring of certified MBE participation will be in accordance with the following: 1. The contractor shall structure operations for the performance of the contract to

attempt to achieve the purpose of this procedure. 2. The contractor agrees to apply the firm's best efforts to carry out these requirements

consistent with the efficient performance of the project. 3. The contractor must assure that MBEs shall have the maximum practical opportunity

to compete for subcontract work under the contract, even after award of contract. 4. The contractor shall cooperate in any reviews of the contractor's procedures and

practices with respect to MBEs that the Board of Education may, from time to time, conduct.

5. The contractor shall maintain such records as may be necessary to confirm

compliance with its MBE utilization obligations. These records shall indicate the identity of minority subcontractors employed on the contract, type of work performed by each, dollar amount proposed, actual monies paid during the reporting period to date, and any services and procurements achieved.

6. All records concerning MBE participation must be retained by the contractor for a

period of three (3) years after final completion of the contract and will be available for inspection by the Board of Education.

7. It shall be the obligation of the contractor to maintain its status as a certified MBE or

to maintain the required subcontracting percentage with certified MBE firms, whichever may be applicable, throughout the term of the contract or any extension.

8. Any desired changes in the Schedule for Minority Business Enterprise Participation

must be approved in advance by the Board of Education and shall indicate the contractor's efforts to substitute another MBE subcontractor to perform the work. Additionally, if changes to the contract require additional work resulting in a cost increase, the MBE participation should be adjusted to reflect this change.

9. Failure to notify the Board of Education of any changes of representations or

circumstances of the contractor with respect to the MBE status of the contractor or the percentage of MBE participation, may cause the contractor to be subject to disqualification from the award of any PGCPS system contracts for a period of three (3) years. In addition, the contractor shall be subject to such other actions as may be provided under applicable county ordinances and/or state law.

10. The agreed MBE goal identified in the IFP and RFP is a deliverable. Failure to

comply shall be subject to such other actions applicable to county ordinances and /or State law.

H. Amendment For Unforeseen Circumstances: If, at any time before award, an apparent low respondent believes or has reason to believe that a certified minority business listed in the Prince George's County Public Schools' Schedule of Minority Business Enterprise Participation has become unqualified or unavailable, the respondent will immediately notify the Prince George's County Public Schools’ MBE Coordinator. Within ten (10) working


days, the apparent low respondent must make every reasonable effort to achieve the stated requirement for the minority participation. Failure to make such efforts may result in a determination that the apparent low respondent is not eligible for award of the contract.

I. Emergency: If the Prince George’s County Public Schools’ Chief Financial Officer determines that a project is an emergency (e.g., hazard to the health and welfare of students), the Chief Financial Officer may waive requirements for MBE documentation.

J. Filing of Reports:

1. The Chief Executive Officer (CEO) shall report to the members of the Board of Education of Prince George's County, at least semi-annually, regarding progress being made in attainment of requirements established by the Resolution of the Board of Education revised, concerning the awarding of contracts to MBEs.

2. The Minority Business Office is required to submit to the CEO on a semi-annual basis a report of MBE participation. Each year two reports will be issued: an interim report covering the period July 1 through December 31, and an annual report detailing activity from July 1 through June 30. Each report will include:

a. Total dollar value of contracts and purchases, by category; and b. Total dollar value of contracts and purchases, by category, awarded to MBEs.

K. Records, Reports and Subcontractor Payments: The prime contractor agrees to pay

subcontractors within five (5) working days of receipt of payment from Prince George's County Public Schools. If payments are not made, the Board reserves the right to withhold the amount owed to subcontractor(s) from the prime contractor's next payment requisition.

L. Monitoring:

1. The Board of Education will carry out reviews as deemed necessary to monitor

compliance with MBE participation requirements. Such reviews may include site visitations to ensure compliance with MBE requirements.

2. The Board of Education and contractors will maintain appropriate records and, upon

request, assist in on-site or post-audit reviews.

XII. BONDING:

A. The Director of Purchasing and Supply may, upon finding that an MBE has demonstrated adequate performance on prior contracts with the state, county, or any of its agencies, municipal corporations, or any local boards of education, waive bonding requirement on certain projects.

B. At the discretion of the Buyer, unless otherwise required by state or federal law or regulations as a condition to state, federal or county assistance, no proposal bond, performance or payment bonds shall be required if the contract price is less than $50,000.


C. Bonds on construction projects over $50,000 must be provided by prime. However, at the discretion of the Prince George's County Public Schools’ representative, bonds may be waived. Additional documents may be required.

XIII. NON-DISCRIMINATION:

A. No contract may be awarded to any contractor or subcontractor unless the contract, subcontract or agreement contains the following non-discrimination clause:

"The contractor is to conduct business in a non-discriminatory manner prohibiting discrimination in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical disability, sexual orientation or national origin.”

B. If the non-discrimination clause is omitted from a contract or subcontract subject to this Section, the Board of Education may declare the contract void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.

C. If the contractor willfully fails to comply with the requirements of the non-discrimination clause and the contract is partially completed, the Board of Education may compel the contractor to continue to perform under the contract; however, the Board:

1. Is liable for no more than the reasonable value of work performed and materials

provided after the date on which the breach of contract was or should have been discovered; and

2. Shall deduct any money that has been paid under the contract from the money that

became due.

D. If a subcontractor willfully fails to comply with the requirements of a non-discrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.

XIV. RELATED PROCEDURES: Administrative Procedure 7419, Minority Business Enterprise

Procedures for State Funding Public School Construction Projects. XV. MAINTENANCE AND UPDATE OF THESE PROCEDURES: These procedures originate

with the Department of Purchasing and Supply and will be updated as necessary. XVI. CANCELLATIONS AND SUPERSEDURES: This Administrative Procedure cancels and

supersedes Administrative Procedure 3325, dated June 30, 1998. XVII. EFFECTIVE DATE: September 30, 2008. Attachments:

1 - Minority Business Enterprise Utilization Affidavit 2 – Minority Subcontractor Unavailability Certificate 3 – Request for Waiver/Exception 4 – Statement of Intent 5 – Schedule for Participation of Minority Business Enterprise


6 – Outreach Efforts Compliance Statement

Distribution: Lists 1, 2, 3, 4, 5, 6, 10, and 11


Attachment 1 to A.P. 3325 MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

The undersigned as contractor does hereby make the following Affidavit. I acknowledge the Minority Business Enterprise participation of thirty percent (30%) or as it applies and as stated in the proposal documents for the contract with the Prince George's County Board of Education and commit to make a good faith effort to achieve this requirement. In the solicitation of subcontract quotations or offers, all Minority Business Enterprise (MBE) subcontractors were provided not less than the same information and amount of time to respond to the solicitations as non-minority business enterprise subcontractors. The solicitation process was conducted in such a manner so as to otherwise not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. I understand and agree, that if awarded the contract, we will implement the provisions of the above paragraph with respect to subcontracts to be let after the award of the contract, but that such subcontracts will not be let until the Board of Education has reviewed and approved the Minority Business Enterprises submittals. I understand that the failure to submit the affidavit to the Board of Education shall result in a determination that this proposal is non-responsive. I understand and agree that, if awarded the contract, I will and do hereby authorize representatives of the Board of Education and the Interagency Committee for Public School Construction to examine, from time to time, the books, records and files of this organization to the extent that such data relates and pertains to the affirmative action pursuant to this contract. I do solemnly declare and affirm under the penalty of perjury that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief. _________________________ ___________________________ Company Name Signature Date _________________________ ___________________________ Address Print Name Sworn and subscribed before me this _____________ day of __________, 20___. ____________________________ Notary Public

MBE Form #1 1/94


Attachment 2 to A.P. 3325 MINORITY SUBCONTRACTOR UNAVAILABILITY CERTIFICATE

1. It is hereby certified that the firm of ______________________________________________________________________________ (Name of Minority Firm) (Telephone) ______________________________________________________________________________ (Number) (Street) (City) (State) (Zip) Was offered an opportunity to proposal on the ________________________________________school

Project in______________________________________________________________________

County/City

by______________________________________________________________________ (Name of Prime Contractor's Firm)

________________________________________________________________________

(Address) 2. The ____________________________________________is either unavailable for the

(Name of Minority Firm)

work/service or unable to prepare a proposal for this project for the following reason(s): (check one of the following): _____ unavailable for the work/service for this project, _____ is unable to prepare a proposal, _____ did not respond to a request for a price proposal _____ Other please state __________________________ ______________________ Prime Contractor Signature Date ______________________ Title

MBE Form #5 1/94


Attachment 3 to A.P. 3325 REQUEST FOR WAIVER

Contractor _______________________________________ Name of Project _____________________ I do hereby request that an exception be granted to the requirement that a minimum of fifteen percent (15%) of the total value of this contract be placed with Minority Business Enterprises. In connection with the above-captioned project and this request, I hereby certify that I am the __________________________________and duly authorized representative of (Title) ______________________________________________________________________ (Company Name & Address) I further certify that I have submitted a Schedule for Participation of Minority Business Enterprises (MBEs), which reflects the percentage and dollar value of MBE participation, which my company expects to achieve for this contract. That percentage is ______% and the dollar value is $ __________. Therefore, the Request for Exception is for __________ percentage and __________ dollar value. To support this Request for Exception, I include the following information as attachments, which I certify to be true to the best of my knowledge, information and belief: 1. A statement of the efforts made by my company to contact and negotiate with MBEs, including the names, addresses and telephone numbers of MBEs contacted; 2. A description of the information provided by MBEs regarding the plans and specifications for portions of the work to be performed; 3. A statement of the efforts made by my company to select portions of the work proposed to be performed by MBEs in order to increase the likelihood of achieving the stated goal; 4. For each MBE, which placed a proposal, which my company considers to be unacceptable, we are submitting a statement, which explains the basis for our conclusion that the minority business proposal is unacceptable; 5. A list of minority subcontractors found to be unavailable with attached Minority Subcontractor Unavailability Certificate(s). _______________________ _________________________ (Date) (Signature)

(Print Name) Sworn to and subscribed before me this ____________day of __________, 20 ______. ___________________________________________ (Notary Public) MBE Form #4 1/94


Attachment 4 to A.P. 3325

STATEMENT OF INTENT

PROJECT NAME: _____________________________________________________________ PROJECT LOCATION:____________________________________________________________ A. Name of Prime Contractor: B. Name of MBE: C. Certified by: MDOT and Prince George's County Government (Please circle)

Cert. # ________________________

1. Work/Services to be performed by MBE:

2. Subcontract Amount: $ ____________________

3. Bonds - Amount and type required of MBE, if any:

4. MBE Commencement Date: Completion Date:

5. This MBE subcontract represents the following percentage of the total project cost: _________%

6. The undersigned subcontractor will enter into a contract with

for the work/service indicated above the prime contractor's execution of a contract for the above-referenced project with the Board of Education. The undersigned subcontractor is a certified Minority Business Enterprise, or has applied for certification. The terms and conditions stated above are consistent with our agreements. ___________________________

Print Name of Subcontractor Signature of Subcontractor

7. The terms and conditions stated above are consistent with our agreements. ___________________________ ___________________________ Print Name of Prime Contractor Signature of Prime Contractor MBE Form #3 1/94


Attachment 5 to A.P. 3325 SCHEDULE FOR PARTICIPATION OF MINORITY BUSINESS ENTERPRISE

1. PRIME CONTRACTOR - NAME OF FIRM & ADDRESS: (Number, Street, City, State, Zip Code)

Telephone: __________________________ Fax_________________________________ 2. PROJECT LOCATION: (Number, Street, City, State, Zip) _________________________________________________________________________ 3. PROJECT NUMBER: _____________________ 4. TOTAL CONTRACT DOLLAR AMOUNT: $ ________________________ PROJECT NAME: ________________________________________________________ 5. LIST THE DATA REQUESTED FOR EACH MINORITY FIRM INVOLVED IN THIS PROJECT:

_________________________________________________________________________ a. MINORITY FIRM & ADDRESS: (Number, Street, City, State, Zip) ____________________________________________________________ ____________________________________________________________

Work or Service to be performed: _________________________________________________________

Project Commencement Date: ___________________________ Project Completion Date: ______________________________ Agreed Dollar Amount: $ ______________________________ Percentage of Total Contract: _______________ %

Certified by: MDOT and/or Prince George's County Government Cert. No. ______________________________ b. MINORITY FIRM: (Number, Street, City, State, Zip)

Work or Service to be performed:

Project Commencement Date: _____________________________ Project Completion Date: ________________________________ Agreed Dollar Amount: $ _________________________________ Percentage of Total Contract: ____________________________ %

Certified by: MDOT and/or Prince George's County Government Cert. No. _____________________________

6. MINORITY FIRMS TOTAL DOLLAR AMOUNT: $______________________ MINORITY FIRMS TOTAL PERCENTAGE: __________________________% MBE Form #2 5/2004

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* Window Replacement for Emre 1967 Building

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* Windows Replacement for Entre Building - 745

* Doors Replaoement for Entire Bunding -88 Interiorand 16 EXte!tor Doors

PRINCE GEORGE'S COUNTY PUBLIC SCHOOLS

DEPARTI'1ENT OF CAPITAL PROGRAMS;£j 13300 OLD MARLBORO PIKEt;-1~ UPPER ~IARLBORO.t.4ARYLAND 20772

THURGOOD MARSHALL MIDDLE

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* Doors R&J)Iacement for Entire Blildlng - 88 Interior and 16 Exterior Doors '"'an::1°1::1~

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OPEN COURT

UPPER FLOOR

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CYIINASIUII 0:MII1 $0 ff D

THURGOOD MARSHALL MIDDLEENTRANCE'-------'~ PRo.ECT DAlEPRINCE GEORGE'S COUNTY THURGOOD MARSHALL MIDDLE SCHOOL

PUBLIC SCHOOLS 4909 BRINKLEY ROAD, TEMPLE HILLS, MD PROJ_ NO.

11TLE DRAWN BYDEPARTMENT OF Ctl.PITAL PROGRAMSro£j FY-16 Systemic Doors and Windows Replacement SCALE.: 13JOO OlD MARLBORO PIKE ~~ UPPER MARLEORO,t.IARYLANO 20/72

10/6/2014

PLD

NONE

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