TEMPLATES 

ON CALL CONSTRUCTION MANAGEMENT SERVICES/CONSTRUCTION MANAGEMENT AT RISK (CMAR)  RFP 20-06 PART B 

                                                     MARLBORO HALL PROJECT

PRICE PROPOSAL

Prince George’s Community College:
(The)  	
(Name of Construction Management Firm)
hereby submits the following proposal for the: On-Call Construction Management (CM) Services for Marlboro Hall Project 

Having carefully examined the “Instructions To Proposers,” the General Terms and Conditions of Contract, the entire proposal documents, specifications, and Amendments numbered	_, Clarification(s) numbered	and having received Clarification on all items of conflict or upon which any doubt arose, the undersigned proposes to furnish all labor, equipment, materials, etc., required by the documents for the entire work, all in strict accordance with the contract documents, for the stipulated sum of:

1.	PRE-CONSTRUCTION PHASE CM FEE:

$ 	

(Written)	             (Figures)

2.	CONSTRUCTION PHASE CM FEE:

 		  $ 		 (Written)	$_______ (Figures)

3.	GENERAL CONDITIONS AMOUNT:

$ 	

(Written)		(Figures)

4.	TOTAL CM PRICE PROPOSAL (Item 1 + 2 + 3):

$ 	

(Written)	     (Figures)

Pre-Construction Services Matrix Costs/Fee

Services marked are required services identified by the College for the Marlboro Hall Project. However, Proposer may include additional services, if needed. 
Proposers are to input the Total Fee per service, and if an allowance, if applicable.  

  On-Call Construction Management Services for: _______________
Name of Firm: ____________________________________________

 	Pre-Construction Services	Allowances	Early Packages Fee	Design Develop. Fee	50% Construction Fee	95% Construction Fee	100% Documentation Fee	Development of GMP Fee	Total Fee per Service	
1	Consultation and participation during design	 	x	x	x	x	x	 	 	
2	Value Engineering Services	 	x	x	x	x	x	x	 	
3	Constructability Review Services	 	x	 	x	x	x	 	 	
4	Construction Cost Modeling and Cost Estimating Services	 	x	x	x	x	x	 	 	
5	Site Utilization and Logistics Planning Services	 	x	x	 	 	 	 	 	
6	Scheduling Services	 	x	x	x	x	x	x	 	
7	Preparation of Early  Construction Packages	 	x	x	x	x	 	x	 	
	  Guaranteed Maximum Price (5 Packages)									
7	Preparation of FINALConstruction Guaranteed Maximum Price	 	 	 	 	 	 	x	 	
8	Construction Documents Interdisciplinary Review Services	 	x	x	x	x	x	 	 	
9	Printing and Distribution of CDs for Solicitation of Bids for GMP	 	x	 	x	x	x	 	 	
 	Total Fee per Phase	 	

3.0 CM AT RISK PRECONSTRUCTION PHASE FEE
The CM at Risk fee for the Preconstruction (Design) Phase shall be an all-inclusive lump sum fee associated with the required services specified in this RFP. The contract for Preconstruction CM at Risk fees will be separate from the GMP.

The Preconstruction Phase 1 CM at Risk fee price proposal for this Project shall be irrevocable for one hundred twenty (120) calendar days from the proposal due date. This period may be extended by written mutual agreement between the Proposer and the College.

4.0 CM AT RISK CONSTRUCTION PHASE FEE
The CM at Risk fee shall be an all-inclusive lump sum management fee. It shall include all CM at Risk home and other office costs including but not limited to officers, home and local office support staff, as well as all CM at Risk overhead costs and profit.

The Construction Phase CM at Risk fee price proposal shall remain irrevocable until acceptance of the GMP and approval of the Amendment to the Contract to reflect the construction work. It should also be noted that an adjustment will not be made to the CM at Risk Construction Phase fee on this Project even if the Project scope changes.

5.0 GENERAL CONDITIONS EXPENSES
In accordance to the College’s General Conditions for Construction, General Condition expenses shall not to exceed the fee for General Conditions that shall be established by the CM, and approved by the College in its review and approval of the GMP, for General Conditions items per the submitted Price Proposal. This fee shall be based on the CM at Risk quoted not-to-exceed costs for General Condition items, inclusive of on-site field staff approved expenses, to cover  costs associated with construction of this Project. 

5.1 Other Costs and Emergencies
Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the College and shall be in accordance the College’s General Conditions for Construction. 

In the event, and if exercised by the College’s sole discretion, Costs of repairing or correcting damaged or nonconforming Work executed by the CM at Risk, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the CM at Risk and only to the extent that the cost of repair or correction is not recovered by the CM at Risk from insurance, sureties, Subcontractors, suppliers, or others.

The CM at Risk will be reimbursed for actual costs only. Markup for overhead and profit is not allowed. Expenditures from this not to exceed fee may only be made with the approval of the College which shall not be unreasonably withheld. Not to exceed fee expenditures must be approved by the College prior to the provision of said services. The CM at Risk should not expect that any change order will allow for an increase in the General Conditions NTE fee.

6.0 ACCOUNTING RECORDS
In in addition to the Records Retention provision provided in the  College’s General Conditions for Constriction, the CM at Risk shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the College. The College and the College’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the CM at Risk’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The CM at Risk shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law.

7.0 MAINTENANCE BOND
In addition to the other required bonds, the College may require the CM at Risk to provide a Maintenance Bond for the correction and warranty period(s) equal to the amount of 50 percent of the performance bond for a period of one (1) year from the date of Substantial Completion and 15 percent of the performance bond for the second year from the date of Substantial Completion. Such bond will indicate Montgomery College as the Obligee and the CM at Risk as the Principal.

The CM at Risk shall, for a period of two (2) years from and after the date of Substantial Completion and acceptance of same by the College, replace any and all defects arising from the Work, whether resulting from defective materials or defective workmanship, after such period this obligation shall be null and void; otherwise it will remain in full force and effect.

8.0 SPECIAL TERMS AND CONDITIONS

It is understood that the Price Proposal will be firm for a time period of one hundred twenty (120) calendar days from the Proposal due date (Reference Section I – Instructions To Proposers, L. – Irrevocability of Proposals), and that, if the undersigned is notified by College of the acceptance of this proposal within this time, the Proposer shall execute a Contract for the above stated compensation, and to guarantee the completion of work within the time period specified in the proposal documents.

Accompanying the Proposal is a fully executed proposal bond security in the amount of 5% of the Total Construction Management Fees.

It is understood that the College, at its sole discretion, can decline to accept the Construction Manager’s/CMAR GMP and can decline to execute the individual contracts or Contract Modifications to reflect the GMP and applicable Construction Phase Service Fee and thereupon, without penalty, the Construction Manager’s Agreement will terminate automatically according to its terms. It is further understood that the actual construction phase, (or each phase if more than one phase option is chosen), must be approved by the College’s appropriate designee/s and/or Officials. If such approval is withheld, the Contract will terminate automatically according to its terms.

It is understood that the Prevailing Wages (to be provided to the successful firm only) are to be paid during the Construction Phase and these wages will apply on all phases of this Project,

The successful Proposer shall provide a One Hundred percent (100%) Performance and Payment Bond with the issuance of the Construction Contract Amendments to incorporate a GMP into the CM Contract.

It is also understood that the Bid/Proposal Affidavit, the MBE Utilization Affidavit and proof of the Proposer’s Contractor’s License Article under Sections 17-301 through 17-308, Annotated Code of Maryland has been provided with the Technical Proposal and shall remain in full force under the Contract.

Construction Firm License No.	 	

Date and Place of Issuance	 	 (Federal Employer Identification
No.
(or Social Security No. if no F.E.I. No.)

Firm Name

Signature

Address

Telephone No

Fax No.   	 E-Mail.   	
By: (Partner)   	

By: (Partner)   	

By: (Partner)   	

Date:   	

CORPORATE PRINCIPAL

Name of Corporation

Address

Telephone No

Fax No.

E-Mail

Date:

By: (President)

(Printed or
Typed Name)   	

The Offeror represents, and it is a condition precedent to acceptance of this proposal, that the Offeror has not been a party to any agreement to submit a fixed or uniform price.

Signature of
Officer and Title    	

BID/PROPOSAL AFFIDAVIT

A.	AUTHORITY
I HEREBY AFFIRM THAT:

I,	(print name), possess the legal authority to make this Affidavit.
B.	CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.
B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
The undersigned bidder hereby certifies and agrees that it has fully complied with the College’s Minority Business Enterprise Policies and Procedures. 
Without limiting any other provision of the solicitation on this project, it is understood that if any information provided is false, such false certification or false payments, constitutes grounds for the College to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

C.	AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article,
§6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

.

D.	AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:
(1)	Been convicted under state or federal statute of:
(a)	A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or
(b)	Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;
(2)	Been convicted of any criminal violation of a state or federal antitrust statute;
(3)	Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18
U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;
(4)	Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;
(5)	Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;
(6)	Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;
(1)	

(7)	Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;
(8)	Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or
(9)	Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

.

E.	AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).

.

F.	AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT:
(1)	The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and
(2)	The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):
(1)	

_.

G.	SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H.	AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business has:
(1)	Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted;
(2)	In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I.	CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT:
Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

I FURTHER AFFIRM THAT:

(1)	The business named above is a (domestic ______) ((foreign _______) corporation
registered in accordance with the Corporations and Associations Article, Annotated Code of 

Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is:

Name:  ____________________________________________________________________

Address: __________________________________________________________________

__________________________________________________________________________
(If not applicable so state.)

	(2)  Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Employment Security Administration, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J.  FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

K.  POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Article 33, Sections 30-1 through 30-4 of the Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

L.  DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

	(1)  Terms defined in COMAR 21.11.08 shall have the same meaning when used in this certification.

	(2)  By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

		(a)  Maintain a workplace free of drug and alcohol abuse during the term of the contract;
	                                             
		(b)  Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

		(c)  Prohibit its employees from working under the influence of drugs or alcohol;

		(d)  Not hire or assign to work on the contract anyone whom the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

		(e)  Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

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

			(i)  	The dangers of drug and alcohol abuse in the workplace;

			(ii)	The business’ policy of maintaining a drug and alcohol free workplace;

			(iii)	Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

			(iv)	The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

		(g)  Provide all employees engaged in the performance of the contract with a copy of the statement required by J(2)(b), above;
	(4)
		(h)  Notify its employees in the statement required by J(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

			(i)	Abide by the terms of the statement; and

			(ii)	Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;
                                                              
		(i)  Notify the procurement officer within 10 days after receiving notice under J(2)(h)(ii) above, or otherwise receiving actual notice of a conviction;

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

			(i)  Take appropriate personnel action against an employee, up to and including termination; or

			(ii)  Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

		(k)  Make a good faith effort to maintain a drug and alcohol free workplace through implementation of J(2)(a)-(j), above.

	(3)  If the business is an individual, the individual shall certify and agree as set forth in J(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

	(4)  I acknowledge and agree that:

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

		(b)  The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and 

		(c)  The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.06.

M.	CONTINGENT FEES
I FURTHER AFFIRM THAT:
The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

N.	ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date:   	
By:	(print name of Authorized Representative and Affiant)
 	(signature of Authorized Representative and Affiant)

CONFLICT OF INTEREST INFORMATION
A.	Each solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of a College contract shall provide notice of the requirement of this regulation.

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

C.	"Person" includes a bidder, offeror, Contractor, consultant or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

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

E.	After award the College may terminate the contract, in whole or in part, if it deems such termination necessary to avoid an actual or potential conflict of interest. If the Contractor knew or  reasonably could have been expected to know of an actual or potential conflict of interest prior to or after award and did not disclose it or misrepresented relevant information to the Procurement Officer, the College may terminate the contract for default, institute proceedings to debar the Contractor from further College contracts, or pursue such other remedies as may be permitted by law or the contract.

F.	A conflict of interest may be waived if the Procurement Officer, with approval of the appropriate College head or designee, determines that waiver is in the best interest of the College. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest.

G.	Each bidder or offeror responding to a solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another College contract shall provide the affidavit and disclosures set forth in Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer.

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

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE
A.	"Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the College, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B.	"Person" has the meaning and includes a bidder, offeror, Contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

C.	The bidder or offeror warrants that, except as disclosed in D below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

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

E.	The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the Procurement Officer of any contrary action to be taken.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.

Date:   		By:   		
(Signature of Authorized Re	
Printed Name:   		
Title:   		
Federal Employer Identification Number (FEIN):    		

presentative and Affiant)

       Prince George’s Community College
                                     OFFICE OF PROCUREMENT 
          LARGO, MARYLAND 20774

Bid/Proposal Bond

Proposal No. RFP# _____

KNOW ALL MEN BY THESE PRESENTS:

Bond No.   	

that we,		as Principal, hereinafter called the Principal, and		a corporation duly organized under the laws of the State of	, as Surety, hereinafter called the Surety, are held and firmly bound unto Prince George’s Community College, hereinafter called the
"College", for the sum of	, for the payment of which sum, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a proposal for:

Construction Management (CM) Services for Marlboro Hall Project , Prince George’s Community College, Largo, MD.
NOW, THEREFORE, if the Principal, upon acceptance by the College of its proposal identified above, within the period specified herein for acceptance one hundred twenty (120) days, if no period is specified, shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified ten (10) days if no period is specified after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the College for any cost of procuring the work which exceeds the amount of its proposal, then the above obligation shall be void and of no effect.
The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the College, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than one hundred twenty (120) calendar days in addition to the period originally allowed for acceptance of the proposal.

In Presence of:	
Individual Principal		
Witness	
(Seal)	
  As to BY:	(SEAL) 		

In Presence of:	
Witness	Co-Partnership Principal	
(Seal)	
(Name of Co-Partnership)	
  As to BY:	(SEAL) 		
  As to BY:	(SEAL) 		

Corporate Principal	
Attest:	(Name of Corporation)		

Corporate Secretary	
BY:   		
AFFIX	
President	CORPORATE	
SEAL	

Surety

Attest:	(SEAL)	BY:	AFFIX
Corporate	CORPORATE
SEAL
Signature:		Title:   	

 	
(Printed or Types Name)	(Printed or Types Name)

Bonding Agent’s Name:	
(Business Address of Surety)	
(Agent’s Address)		(Telephone Number)	
(Telephone Number)	

CERTIFICATION REGARDING INVESTMENT ACTIVITIES IN IRAN

Ref: Maryland Board of Public Works Advisory Number 2013-1

1.	The undersigned certifies that, in accordance with State Finance & Procurement Article,
§17-705:

(i)	it is not identified on the list (see NOTE below) created by the Board of Public Works as a person engaging in investment activities in Iran as described in §17-702 of State Finance & Procurement Article; and

Or;
(ii)	
it is not engaging in investment activities in Iran as described in State Finance & Procurement Article, §17-702.
(i)	

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

 	
Signature:	Date Signed:

Name of Authorized Representative

NOTE:  List is available at:	www.bpw.state.md.us
Click On “Advisories” Scroll Down to “2013-1” Click On “IAI LIST”

Instructions: Proposers shall provide the itemized cost for each Category. Proposers may add additional categories not listed. 
Proposers are to input the Total Cost/Fee per Category.   

	Category	In General Conditions 	In CMAR Construction Services Fee	In Trade Contract 	Cost 	
1	CM’s Field Personnel	Project Manager; Superintendent; other field personnel; payroll burden expenses for field personnel; out-of-town travel expenses.	Project Executive/Director; safety personnel; main office personnel; IT personnel; accounting and financial personnel; bonuses.	None		
2	CM’s Vehicles	Field personnel vehicle costs, including lease, insurance, maintenance, repair, and fuel	Vehicle expenses for non-field personnel’s vehicles.	None		
3	Safety and Site Security	First aid supplies; hardhats and goggles; safety signage; security locks.	Safety personnel.	Provision, installation and maintenance of safety devices; safety railings and barricades, fall protection, partitions; site fencing; covered walks, stairs and ladders; traffic control devices, flagmen; on-site security services.		
4	Temp. Field Facilities and Services	Rent, set-up, and removal of trailers for CM and for University site representative; field offices’ utilities, security, communication services, and cleaning; temporary sanitary facilities; project signs.	None	None for use by CM or Trades/personnel; installation and maintenance of temporary roads.		
5	Field Offices’ Supplies and Postage/Shipping	Office supplies for CM and College field offices, postage/ shipping. Phone and electronic devices 	None	None		
6	Project Documentation and Reproduction	Reproduction indicated.	None	None		
7	Temporary Utilities	Temporary utilities for the building under construction from NTP for construction to Substantial Completion (i.e. power, gas, sewer, water, etc.), except as indicated.	None	Set up and maintenance of temporary utilities; temporary lighting installation; temporary heat for concrete and masonry Trade Contractors.		
8	Waste Management and Daily Cleaning	None (staff and labor is in Item 1 above).	None	Site and building daily and rough cleaning; trash collection and removal; LEED required waste management/ recycling.		
9	Protection of Finished Work	None	None	Protection of existing facilities and finished work.  		
10	Weather and Other Protection	Temporary weather and dust protection not in Trade Contracts; site snow removal; materials for maintenance of erosion control not in Site Trade Contract.	None	Maintenance of erosion control during Site Trade Contract; pumping and dewatering.		
11	Elevator Operations	After temporary permit.	None	Prior to Temp. Permit		
12	Miscellaneous Materials and Small Tools	Miscellaneous materials; small tools; surveying equipment.	None	None 		
13	Permits Fees	None	None	Permits, approvals, inspections by authorities having jurisdiction, and electrical inspections required during construction except as noted otherwise.  		
14	Payment and Performance Bonds	Required 	Required	Required		
15	Insurance Required during Construction	Insurance Required during Construction	Insurance Required during Construction	Insurance Required during Construction		
16	Partnering during Construction Phase	Field personnel attending workshops (salary and expenses); facilitator; workshop meals and expenses.	Non-field personnel, including Project Executive.	Participating Trade Contractor personnel.		
17	Professional and Special Services	None	Scheduling services and consultants. BIM services as described in Part A and Part B of the RFP during the construction phase	Final cleaning; and glass cleaning; surveying services; testing and inspection services commissioning agent; LEED air monitoring.		
18	Other Professional Services 	None	Legal Services 	None		
						
	Total General Conditions Cost:  _$__________________________________________________________	

STAFFING PLAN
Project Name:______________________

  Project Name: 	

STAFFING PLAN		Pre-Construction Phase	

Duration of pre-Construction Phase	(12 months)

Title	Name	Location	GMP
Phase				
Project Executive		Main Office	5%				
Project Manager		Main Office	50%				
Superintendent		Main Office	5%				
Cost Estimator		Main Office	15%				
Scheduler		Main Office	5%				
Project Engineer		Main Office	0%				

STAFFING PLAN		Construction Phase	Post Construction Phase	
*Order and have all material and equipment ready to install*
Title	Name	Location	Month 1	Month 2	Month 3	Close Out Month 	Close Out Month 				
Project Executive		Main Office	25%	25%	5%	5%	5%				
Project Manager		On-Site	100%	100%	100%	50%	50%				
Superintendent		On-Site	100%	100%	100%	100%	100%				
Cost Estimator		Main Office	5%	100%	100%	100%	100%				
Scheduler		Main Office	25%	5%	5%	5%	5%				
Project Engineer		On-Site	100%	5%	5%	5%	5%				
Quality Control		On-Site	100%								
Mechanical Superintendent			100%								

Notes:
Title: Describe “other” titles (i.e. Assistant PM, Project Engineer(s), Clerk, MEP Coordinator, etc.) The names of these personnel can be included if known but are not required. Location: On-site or city where the person will be located during the pre-construction and construction pleases (e.g., Baltimore, MD).

Proposer: Person’s Name:

Position to be Assigned:

Educational Background:

Institution	Degree/Diploma/Certificates	Major (if any) Date of Degree	

			

4.	Employment History:
4.1	Current Employer’s Name: Dates of Employment:

Position Held	Duration by Date	

		

4.2	Prior Employer’s Name: Dates of Employment:

Position Held	Duration by Date	

		

4.3	Prior Employer’s Name: Dates of Employment:

Position Held	Duration by Date	

		

5. Similar Project/Contract Experience:	
5.1 Project Tile:	
Project Description:	
					
Value of Project:		$			
Start and Completion Dates:	
Key Person’s Role on the Project:	
Owner Contact Person:	
Telephone #:	
Owner (Organization/Company Name):	

5.2 Project Tile:	
Project Description:	
						
	Value of Project:		$			
Start and Completion Dates:	
Key Person’s Role on the Project:	
Owner Contact Person:	
Telephone #:	
Owner (Organization/Company Name):	

6. Achievements/Other Notations/Remarks (Not Required):

NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY.  NOTE ANY ATTACHED SHEETS IN REMARKS ABOVE

 PRINCE GEORGE’S COMMUNITY COLLEGE

MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

I hereby declare and affirm that I am the _______________________________________                                                 
                                                                                                    (Title)
and the duly authorized representative of _________________________________________

__________________________________________________________________________
            (Name of Bidder)

1. I further declare and affirm that the Bidder acknowledges the Minority Business Enterprise participation goal of not less than __percent of the total contract amount, and commits to make a good faith effort to achieve the goal.

Therefore, I will not be seeking a waiver pursuant to MBE provisions included in this solicitation.  
 
OR  
 
 I conclude that I am unable to achieve the MBE participation goal and/or subgoals.  I hereby request a waiver, in whole or in part, of the overall goal and/or subgoals. Within 10 business days of receiving notice that our firm is the apparent awardee, I will submit all required waiver documentation in accordance with the provisions included in the solicitation or as requested by the College at a later date. 
 
2.  If requested and/or required under this solicitation by PGCC to submit an MBE Participation Schedule with our firm’s Technical Proposal, I acknowledge that I will/have identify/ied the MBE’s that meet the College’s MBE status and goal requirements, per the solicitation documents.

3. I understand that if I am notified that I am the apparent awardee, I must submit the following additional documentation within 10 working days of receiving notice of the potential award or from the date of conditional award, whichever is earlier. 
 
(a) Outreach Efforts Compliance Statement (M-C Form) 
(b) Subcontractor Project Participation Certification (M-D Form)  
(c) Any other documentation, including waiver documentation, if applicable, required by the Procurement Officer to ascertain bidder or offeror responsibility in connection with the certified MBE participation goal. 
 
I understand that if I fail to return each completed document within the required time, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award.  If the contract has already been awarded, the award is voidable.  
 
4. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided (or will be provided) not less than the same information and amount of time to respond as were (are) non-MBE subcontractors.   

5.  I understand that my failure to comply with the requirements of this solicitation and the contract  may result in my being assessed liquidated damages as stated in the Contract issued with  this solicitation.

6.  I solemnly affirm under the penalties of perjury that the contents of this paper are true to the best of my knowledge, information, and belief.

__________________________			_________________________
Bidder/Offeror Name					Signature of Affiant

__________________________			_________________________
Address						Printed Name, Title

__________________________			_________________________
							Date

SUBMIT THIS AFFIDAVIT WITH INITIAL TECHNICAL PROPOSAL

MBE Participation Schedule
(for submission with Price Proposal)

This document must be included with the bid or Price Proposal offer.  If the Offeror fails to submit this form with the bid or Price Proposal offer as required, the Procurement Officer shall deem the bid non-responsive or shall determine that the Offer is not reasonably susceptible of being selected for award.  
Prime Contractor (Firm Name, Address, Phone

	Project Description
	
Project Number	Total Contract Amount    $
	
List Information For Each Certified MBE Subcontractor On This Project	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
USE THE ATTACHED CONTINUATION PAGE AS NEEDED

SUMMARY

TOTAL MBE PARTICIPATION:					_______%   $__________

TOTAL AFRICAN-AMERICAN MBE PARTICIPATION:		_______%   $__________
TOTAL ASIAN-AMERICAN MBE PARTICIPATION:		_______%   $__________
TOTAL HISPANIC-AMERICAN MBE PARTICIPATION:		_______%   $__________
TOTAL WOMAN-OWNED MBE PARTICIPATION:		_______%   $__________
TOTAL OTHER MBE PARTICIPATION:				_______%   $__________

Document Prepared By: (please print or type)
Name: ________________________ Title:_________________

MBE Participation Schedule, continued

List Information For Each Certified MBE Subcontractor On This Project	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract
	
Minority Firm Name                                                 MBE Certification Number

Work To Be Performed
	
Dollar Amount or Percentage of Total Contract