Notice to ProposersConstruction Management and Related Services for Various County Facilities Form:...

Construction Management and Related Services for Various County Facilities

Form: RFP CONSULTANT Services 190923 RFP#1111792 Page 1 of 86

REQUEST FOR PROPOSAL & CONTRACTING FORMS

RFP # 1111792

FOR

CONSTRUCTION MANAGEMENT AND RELATED SERVICES FOR VARIOUS COUNTY FACILITIES

Local Small Business Reserve Program

DEPARTMENT OF GENERAL SERVICES

DIVISION OF BUILDING DESIGN AND CONSTRUCTION

Issued: December 24, 2019 Pre-Submission Meeting: January 7, 2020 at 1:00 PM

Pre-Submission Location: 101 Monroe Street, 11th Floor Conference Room, Rockville, MD 20850

Proposals Due: By 3:00 PM on January 28, 2020 at Office of Procurement, 255 Rockville Pike, Suite 180

Rockville, MD 20850



Local Small Business Reserve Program (LSBRP) Notice

#1111792

CONSTRUCTION MANAGEMENT AND RELATED SERVICES FOR VARIOUS COUNTY FACILITIES

This solicitation is reserved for only application submitted/certified status local small businesses timely

registered with the County’s LSBRP. This solicitation thus comes under County Code, sections 11B-17A;

11B-65; 11B-70 and Executive Regulation 21-05AM. These documents can be accessed through the

LSBRP web site at (www. montgomerycountymd.gov/LSBRP).

LSBRP criteria are based on a firm’s location, ownership status, number of employees and annual revenue

amount, submitting a bid/proposal constitutes willfully stating your firm is an application

submitted/certified Local Small Business. Therefore, if you wish to submit a bid/proposal for this

solicitation adhering to the LSBRP, you must:

1. Submit an application as a LSBRP firm prior to the bid’s/proposals due date. If your LSBRP status is

not application submitted/certified in our database prior to the bids/proposal’s due date and time,

then your bid will be deemed non-responsive and rejected or your proposal will be deemed

unacceptable and removed from consideration. Go to the LSBRP web site (www.

montgomerycountymd.gov/LSBRP) and follow the instructions under “Register.”

2. After the informal solicitation closes and upon notification by the County, you must provide within

three (3) business days the LSBRP documentation of:

• all of its business location(s) (if more than one),

• number of employees by location

• annual gross revenue of the business for the past three fiscal years.

(The preferred documents are copy of a lease, Maryland Unemployment Insurance Contribution

Report (summary or quarterly), and Financial Statement/Tax Returns. At the discretion of the

LSBRP, an alternative type of documents might be accepted.)

If, after receipt of these documents, the LSBRP finds that your firm does not meet the LSBRP

requirements, then your bid will be deemed non-responsive and rejected or your proposal will be

deemed unacceptable and removed from further consideration. For questions, contact the LSBRP

(240-777-9913).



Table of Contents

PART 1: RFP DOCUMENTS .................................................................................................................................................... 4

REQUEST FOR PROPOSALS....................................................................................................................................................... 5 NOTICE TO OFFERORS ................................................................................................................................................................... 6 WEB-LINKS FOR DOCUMENTS AND FORMS ........................................................................................................................................ 7 ACKNOWLEDGMENT PAGE ............................................................................................................................................................. 8 SECTION A: INSTRUCTIONS, CONDITIONS AND NOTICES ......................................................................................................... 9

1. Article 1: Definitions ................................................................................................................................................... 9 2. Article 2: Instructions ................................................................................................................................................. 9 3. Article 3: Conditions ................................................................................................................................................. 11 4. Article 4: Notices ...................................................................................................................................................... 14

SECTION B: DEFINITIONS, INTENT, AND METHOD OF ASSIGNMENT OF TASK ORDERS ............................................................... 17 1. Intent ........................................................................................................................................................................ 17 2. Method of Assignment of Task Orders ..................................................................................................................... 17

SECTION C: METHOD OF AWARD/EVALUATION CRITERIA ..................................................................................................... 19 1. Procedures ............................................................................................................................................................... 19 2. Section C.2: WRITTEN PROPOSAL AND INTERVIEW EVALUATION CRITERIA ............................................................ 20

SECTION D: SUBMISSIONS ..................................................................................................................................................... 24 1. PROPOSAL SUBMISSIONS ......................................................................................................................................... 24 2. Award Submissions .................................................................................................................................................. 25

SECTION E: ETHICS ................................................................................................................................................................. 25 SECTION F: PROPOSAL/BID FORM ......................................................................................................................................... 25 ATTACHMENT A: REFERENCES ............................................................................................................................................... 26 ATTACHMENT B: COST AND PRICE REQUIREMENTS .............................................................................................................. 27 ATTACHMENT C: OFFEROR’S ORGANIZATIONAL AND BUSINESS STRUCTURE ....................................................................... 28 ATTACHMENT D: KEY PERSONNEL INFORMATION FORM...................................................................................................... 31 ATTACHMENT E: CONSULTANT(S) SIMILAR PROJECT INFORMATION FORM .................................................................................... 32 ATTACHMENT F: COUNTY PROJECT DESCRIPTION FORM ...................................................................................................... 33 ATTACHMENT G: MANDATORY INSURANCE REQUIREMENTS ............................................................................................... 34 ATTACHMENT H: HOURLY RATES ........................................................................................................................................... 36 ATTACHMENT I: GENERAL SCOPE OF WORK (APPLIES TO ALL PROJECTS UNDER THIS CONTRACT) ....................................... 38 ATTACHMENT J: REQUESTED TASK ORDER FOR RFP SCORING ...................................................................................................... 42

PART 2: SAMPLE CONTRACT .............................................................................................................................................. 48

FIXED PRICE CONSTRUCTION CONTRACT BETWEEN OWNER AND CONTRACTOR ................................................................. 50 1. ARTICLE 1: DEFINITIONS ........................................................................................................................................... 50 2. ARTICLE 2: BASIC SERVICES ...................................................................................................................................... 51 3. ARTICLE 3: METHOD OF ASSIGNMENT OF TASK ORDERS ........................................................................................ 52 4. ARTICLE 4: CONSULTANT’S PROFESSIONAL RESPONSIBILITY AND STANDARD OF CARE ......................................... 53 5. ARTICLE 5: ADDITIONAL PROVISIONS ...................................................................................................................... 54 6. ARTICLE 6: COUNTY RESPONSIBILITIES .................................................................................................................... 54 7. ARTICLE 7: PERFORMANCE PERIOD ......................................................................................................................... 54 8. ARTICLE 8: COMPENSATION..................................................................................................................................... 56 9. ARTICLE 9: CONTRACT ADMINISTRATOR ................................................................................................................. 56 10. ARTICLE 10: ETHICS .................................................................................................................................................. 57 11. ARTICLE 11: PRIORITY OF DOCUMENTS ................................................................................................................... 57

EXHIBIT 1: GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR ........................................................ 60 EXHIBIT 2: SUPPLEMENTAL GENERAL CONDITIONS OF CONTRACT ....................................................................................... 67 EXHIBIT 4: LIST OF PROFESSIONAL STAFF REQUIRED ......................................................................................................................... 69 EXHIBIT 5: HOURLY RATES ..................................................................................................................................................... 77 EXHIBIT 6: LIST OF KEY PERSONNEL ....................................................................................................................................... 78 EXHIBIT 7: GENERAL SCOPE OF WORK (APPLIES TO ALL PROJECTS UNDER THIS CONTRACT) ................................................ 79 EXHIBIT 8: SAMPLE TASK ORDER ............................................................................................................................................ 80 EXHIBIT 9: GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ................................................................................................ 85



PART 1: RFP DOCUMENTS



REQUEST FOR PROPOSALS

RFP# 1111792 Architectural/Engineering Services:

Construction Management Services for Various County Facilities December 24, 2019

Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods/services as outlined in this document. One original and three (3) hard copies of your proposal plus two (2) electronic copies on a USB Drive must be submitted in a sealed envelope/package no later than 3:00 PM on January 28, 2020 to the Office of Procurement, Rockville Center, 255 Rockville Pike, Suite 180, Rockville, Maryland 20850-4166. The sealed proposal package must be clearly marked with the solicitation number, due date, and due time. There will be an optional pre-submission conference at 1:00 PM on January 7, 2020 at 101 Monroe Street, 11th Floor, Rockville, MD, 20850 – Large Conference Room. It is strongly recommended that all interested parties attend. The County will not accept proposals it receives by fax or e-mail. All faxed or e-mailed proposals will be returned. Should you have any questions regarding the technical information, or the scope of services contained in this solicitation, contact Hamid Omidvar at [email protected] Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, contact Bob Norris at (240) 777-9926.

(The Office of Procurement will check one of the boxes below to indicate whether this RFP is a

services Contract, a Construction Contract, or neither)

This is a Services Contract (see Section A, Services Contract): X

or

This is a Construction Contract (http://www.montgomerycountymd.gov/PrevailingWage):

or

This is not a Services Contract (disregard Section A, Services Contract) and is not a Construction Contract:

Director

Office of Procurement

http://www.montgomerycountymd.gov/PrevailingWage



NOTICE TO OFFERORS

Request for Proposals #1111050

for Construction Management and Related Services for Various County Facilities

This solicitation may be subject to the County’s Wage Requirements Law (WRL), which applies to service Contracts.

• If this solicitation is subject to the WRL, then the appropriate space will be marked in the box denoting “This is a Services Contract”, at the bottom of the Request For Proposal page.

• In this event, the “Wage Requirements for Services Contract Addendum” will apply to the resultant Contract (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

1) In order to be compliant with the Wage Requirements Law an Offeror must submit with its

proposal the following: (a) Completed Wage Requirements Certification form (This form is contained in the PMMD-

177 Web-link above). (b) If applicable, 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance

form (This form is contained in the PMMD-177 Web-link above). Offeror’s failure to complete and submit the required material information on the Wage Requirements form(s) may result in offeror’s proposal being unacceptable and rejected. NOTE: You can find the current mandatory payroll reporting requirements, and the wage rate per hour that a County Contractor must pay to its employees, under Section 11B-33A of the County Code, at (www.montgomerycountymd.gov/WRL). The WRL is available at the same website. If there is a need for sign-language interpretation and/or other special accommodations, it is requested that at least five (5) days advanced notice be provided to the County’s Office of Procurement contact on page 1.

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf

http://www.montgomerycountymd.gov/WRL



WEB-LINKS FOR DOCUMENTS AND FORMS NOTICE: The following forms and information are only available from the websites to download and use. They are not included in print format in this document.

1. Central Vendor Registration System (www.mcipcc.net)

2. Frequently Asked Questions, Procurement (https://www.montgomerycountymd.gov/pro/help.html)

3. MD-SDAT (http://dat.maryland.gov/businesses/Pages/default.aspx) and (http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

4. Mid-Atlantic Purchasing Team Rider Clause (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf) NOT APPLICABLE TO CONSTRUCTION

5. Minority Business Program & Offeror’s Representation and Sample MFD Report of Payments Received (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

6. Minority, Female, Disabled Person Participation Evaluation Points: Requirements and Examples (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

7. Minority, Female, Disabled Person Program Information (www.montgomerycountymd.gov/MFD)

8. Minority, Female, Disabled Person SubContractor Performance Plan (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf)

9. Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

10. Offeror’s Certification of Cost & Price for Contracts Above $100,000 (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

11. Prevailing Wage Requirements for Construction Contract Addendum (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

12. Prevailing Wage Requirements Information (www.montgomerycountymd.gov/PrevailingWage)

13. Solicitation Postings and Amendments (www.montgomerycountymd.gov/pro/solicitations.html)

14. Wage Requirement Law Payroll Reporting (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf)

15. Wage Requirements Certification Form and 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

16. Wage Requirements for Services Contracts Addendum (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

17. Wage Requirements Law Information (www.montgomerycountymd.gov/PRO/DBRC/WWRL.html)

http://www.mcipcc.net/

https://www.montgomerycountymd.gov/pro/help.html

http://dat.maryland.gov/businesses/Pages/default.aspx

http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf



http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf

http://www.montgomerycountymd.gov/MFD






http://www.montgomerycountymd.gov/pro/solicitations.html







Montgomery County, Maryland ACKNOWLEDGMENT PAGE

ACKNOWLEDGMENT

The offeror must include a signed acknowledgment that all the terms and conditions of the offer may, at the County's option, be made applicable in any Contract issued as a result of this solicitation. Offers that do not include such an acknowledgment may be rejected. Executing and returning (with the offer) the acknowledgment shown below will satisfy this requirement. The undersigned agrees that all the terms and conditions of this solicitation and offer may, at the County's option, be made applicable in any Contract issued as a result of this solicitation. Business Firm's Typed Legal Name:

Printed Name and Title of Person Authorized to Sign Proposal:

Signature: Date:

NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS

The correct and full legal business name of the offeror must be used in proposals received and, on all Contracts, issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the legal name is different. Corporations must have names that comply with State Law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading as) or “d/b/a’ (doing business as) respectively. The offeror’s signature on the proposal, Contract, amendment(s) or related correspondence, must conform to the following: All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of this offer or a Contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or Contractor. By submitting a proposal under this Solicitation, the Offeror agrees that Montgomery County has within 180 days after the due date in order to accept the proposal.

Acknowledgment of Solicitation Amendments The Offeror acknowledges receipt of the following amendment(s) to the solicitation:

Amendment Number Date



SECTION A: INSTRUCTIONS, CONDITIONS AND NOTICES

The following provisions are applicable to this solicitation: 1. Article 1: Definitions The following words and phrases, here appearing capitalized and in quotes, have the following meanings for the purposes of this solicitation:

1.1. “BASIC SERVICES”: General scope of services that applies to all Task Orders. 1.2. “CONSULTANT”, “A/E”, or “CONTRACTOR”: An entity that enters into a Contract with the

County to perform architectural/engineering services on a Project. 1.3. 1.4. “CONTRACT”: The written agreement between the Owner and the Consultant resulting from

this solicitation and containing the Contract Documents identified in Section A. 1.5. “CONTRACT ADMINISTRATOR”: The individual identified in the Contract who is responsible

for the administration of the Contract in accordance with the authorities and limitations delegated to him by the Director (see Part II, Exhibit A – General Conditions of Contract Between County and Contractor, Paragraph 6). The Contract Administrator will delegate specific contract administration authorities and duties for a Project to an individual who will be identified in the Task Order for that Project (Contract Administrator’s “designee”).

1.6. “COUNTY” or “OWNER”: Montgomery County, Maryland, a body corporate and politic and a local subdivision of the State of Maryland.

1.7. “DESIGN ADJUSTMENT”: Written documentation signed by the Contract Administrator or designee approving and authorizing a modification to the Program, Budget, Management Plan, Master Schedule, or previously approved Design documents but having no impact on total time or compensation for the Contract.

1.8. “DIRECTOR”: The Director, Office of Procurement. The Director is the Contracting Officer for the County.

1.9. “NOTICE TO PROCEED”: A written communication to the Consultant from the Contract Administrator or designee directing commencement of Task Order Services or a portion thereof, or a particular phase or activity or portion thereof.

1.10. “PROGRAM OF REQUIREMENTS”, “PROGRAM”, or “POR”: The Owner-provided written summary of the Project requirements, which sets forth the County’s design objectives, constraints and criteria.

1.11. “PROJECT”: A complete and properly functioning facility suitable for the purpose for which it is intended and satisfying the Program of Requirements and the County’s needs.

1.12. “SCOPE OF SERVICES”: Includes Basic Services and specific scope of work identified in the Task Order.

1.13. “SERVICES”: The work to be performed by the Consultant under the Contract, consisting of the Basic Services described in the Contract and any Task Order.

1.14. “TASK ORDER”: A written document, signed by the Consultant and executed by the Contract Administrator (or designee), which, when combined with a purchase order issued by the Office of Procurement, directs the A/E to provide indicated Basic Services on a Project for a lump-sum cost.

1.15. “TASK ORDER AMENDMENT”: A type of Task Order modification, signed by the Consultant and executed by the Contract Administrator (or designee), which, when combined with a purchase order issued by the Office of Procurement, provides for a change in the Task Order provisions without affecting the Contract provisions.

1.16. “USING DEPARTMENT HEAD” or “DEPARTMENT HEAD”: The Director, Department of General Services.

2. Article 2: Instructions

2.1. Registered Vendor



2.1.1. The first step in doing business with Montgomery County is to become a registered vendor in the on-line Central Vendor Registration System (CVRS). Go to the following website to register: (www.mcipcc.net)

2.2. Acknowledgment

2.2.1. The offeror must include the signed Acknowledgment page indicating agreement with all the provisions, terms and conditions of this solicitation.

2.3. Optional Pre-Submission Conference

2.3.1. If a Pre-Submission Conference is held, it is recommended that prospective offerors attend this Pre-Submission conference. For information regarding the date, time, and place of the conference, please see page 1 of this solicitation.

2.4. Proposals

2.4.1. Sealed proposals are due in the Office of Procurement, Rockville Center, 255 Rockville Pike, Suite 180, Rockville, MD 20850 4166. Proposals must be returned in a sealed envelope/package that is clearly marked with the RFP number, the proposal due date and time, and the individual/company’s name. Proposals received after the date and time specified will not be considered and will be returned unopened to the offeror. The County will not be responsible for a proposal that is improperly addressed or identified.

2.5. Proposal Withdrawal/Modification

2.5.1. Proposals may be withdrawn or modified by the offeror upon receipt of a written request received before the specified due date and due time. Requests to withdraw or modify an offeror’s proposal received after the specified due date and time will not be considered.

2.6. Questions

2.6.1. All technical and non-technical questions pertaining to this solicitation are to be directed to the individuals whose names are indicated on page 1 of this solicitation.

2.6.2. The Office of Procurement has an electronic ”Frequently Asked Questions” section on its website that may answer your questions: (www.montgomerycountymd.gov/pro/information.html?t=proFAQList&i=2)

2.7. Obtaining Solicitation Amendments

2.7.1. What are they? When the County determines that material changes to the solicitation document or material information needs to be disseminated to Offerors it will issue a formal amendment to a solicitation. However, not all solicitations will need an amendment. Any information given to an offeror in response to a request will be furnished to all offerors as an amendment to this solicitation, if such information is deemed necessary for the preparation of solicitations, or if the lack of such information would be detrimental to the uninformed offerors. Such amendments only, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

2.7.2. How do I identify if a solicitation has an amendment? Solicitation amendments will be posted on the Solicitation Postings page (www.montgomerycountymd.gov/pro/solicitations.html) and may occur any time prior to the proposal due date and time. As a courtesy, the Office of Procurement may email solicitation amendments to holders of record with valid email addresses. However, it is the responsibility of the offeror to frequently visit the Office of Procurement’s website to obtain solicitation amendments. Amendments to construction solicitations may be mailed if there are plans or other documents that cannot be made available electronically.

2.7.3. What am I required to do for the Amendment?

• An Offeror must send its acknowledgment of receipt of a solicitation amendment to the place designated in the solicitation amendment, and prior to the hour and date specified in the



solicitation (as amended) for receipt of offers. This can be easily done in at least one of the following ways:

• By filling-in the “Amendment Number” and “Date” of the amendment(s) on page 6 under the/ Acknowledgment of Solicitation Amendments title; or

• By returning one signed copy of the amendment with the Offeror’s response to the solicitation; or

• By sending a signed copy of the amendment separately to the Office of Procurement

2.8. Maryland State Department of Assessments & Taxation (MD-SDAT) 2.8.1. Vendors doing business in the State of Maryland are required to be in ‘Good Standing’

with MD-SDAT; this may not be applicable for individuals, sole proprietorships or partnerships.

2.8.2. The County will require, if applicable, a copy of a Certificate of Good Standing from SDAT prior to entering into a contract with your firm.

2.8.3. The County will verify this status on the MD-SDAT website. 2.8.4. If your firm has a ‘Forfeit’ status from MD-SDAT, the County cannot enter into a contract

with your firm until this status has been rectified with MD-SDAT. 2.8.5. If this status is not rectified in a timely manner with MD-SDAT, then your firm may be

declared non-responsible and your proposal will be rejected. 2.8.6. Information can be found at:

(https://dat.maryland.gov/businesses/Pages/default.aspx) and (https://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

3. Article 3: Conditions

3.1. Acceptance Time

3.1.1. By submission of a proposal under this solicitation, the offeror agrees that County has 180 days after the due date in order to accept the proposal. The County reserves the right to reject, as unacceptable, any offer that specifies less than 180 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended.

3.2. Contract Documents

The following documents will be incorporated into the contract resulting from this solicitation:

3.2.1. This RFP 3.2.2. The Contract 3.2.3. General Conditions of Contract between County & Contractor (Exhibit 1) 3.2.4. Supplemental General Conditions of Contract, if any. (Exhibit 2) 3.2.5. Mandatory Insurance Requirements (Exhibit 3). 3.2.6. Minority-owned Business Addendum to the General Conditions of Contract between County

& Contractor and its companion document entitled, “Minority, Female, Disabled Person Subcontractor Performance Plan”. (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

3.2.7. Offeror’s Certification of Cost & Price (for contracts above $100,000.) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

3.2.8. Wage Requirements for Services Contract Addendum to the General Conditions of Contract between the County and Contractor and its companion documents entitled “Wage Requirements Law Certification” and “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form”. (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

3.2.9. All representations and certifications listed in this document.

https://dat.maryland.gov/businesses/Pages/default.aspx

https://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx



3.2.10. Prevailing Wage Requirements (only for a construction contract between the County and Contractor). (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

3.2.11. Hourly Rates (Exhibit 5). 3.2.12. Most updated version of Montgomery County Building Design Standards and Project

Management Handbook for Consultants.

3.3. Determination of Responsibility 3.3.1. The Offeror has the burden of demonstrating, affirmatively, its responsibility in connection

with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider an offeror non-responsible who has previously failed to perform properly or to complete contracts, in a timely manner, or if investigation shows the offeror is unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Office of Procurement or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure of an offeror to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror.

3.3.2. The Director may deny the award, renewal, or assignment of a contract to or for any offeror who is in default of payment of any money due the County.

3.3.3. The factors that may be considered in connection with a determination of responsibility include, but are not limited to:

• The ability, capacity, organization, facilities, and skill of the offeror to perform the contract or provide the goods, services, or construction (“work”) required.

• The ability of the offeror to perform the contract or provide the work within the time specified without delay, interruption or interference.

• The integrity, reputation and experience of the offeror and its key personnel.

• The quality of performance of previous contracts or work for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility.

• The offeror’s previous and existing compliance with laws and ordinances relating to the contract or work.

• The sufficiency of financial resources of the offeror to perform the contract or provide the work.

• The certification of an appropriate accounting system, if required by the contract type.

• Past debarment or suspension by the County or other governmental entity.

3.4. Joint Procurement 3.4.1. The following entities within Montgomery County must be able to purchase directly from any

contract resulting from this Solicitation:

• Maryland-National Capital Park & Planning Commission (M-NCPPC);

• Montgomery College (MC);

• Montgomery County Public Schools (MCPS);

• Montgomery County Revenue Authority;

• Montgomery County Housing Opportunities Commission (HOC);

• Washington Suburban Sanitary Commission (WSSC); and

• Municipalities & Special Tax Districts in Montgomery County. 3.4.2. While this solicitation is prepared on behalf of Montgomery County, it is intended to apply for

the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful offeror under the same prices and for the same work noted in the contract with Montgomery County, in accordance with each entity's respective laws and regulations. An entity may choose not to



procure from the successful offeror at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the offer or contract. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each jurisdiction listed in this section will be solely responsible for and contract directly with the offeror under the jurisdiction’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g. Montgomery County Public Schools educational discounts) SHOULD BE LISTED IN THE OFFER.

3.5. Late Proposals

3.5.1. Proposals in response to this solicitation received after the due date and time specified in the solicitation are considered late and will not, under any circumstances, be considered for any award resulting from the solicitation.

3.6. Minority, Female, Disabled Person Program Compliance

3.6.1. Under County law, this solicitation is subject to the Montgomery County Code (Part II, Chapter 11B.Article XIV) and the Montgomery County Procurement Regulations (COMCOR 11B.00.01.07) regarding participation in the Minority-Female-Disabled Person (MFD) procurement program.

3.6.2. Information regarding the County’s MFD program can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/MFD)

3.6.3. Entitled “Minority-owned Business Addendum to the General Conditions of Contract between County and Contractor”.

3.6.4. The companion document entitled “Minority, Female, Disabled Person Subcontractor Performance Plan” can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

3.7. Montgomery County Code and Procurement Regulations

3.7.1. The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

3.8. Payment Terms

3.8.1. The County’s payment terms are net thirty (30) days. 3.8.2. The County is expressly permitted to pay the vendor for any or all goods, services, or

construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

3.9. Prevailing Wage (County Code Sections 11B-33-C and 20-75)

3.9.1. The Prevailing Wage Law applies to all construction contracts. Under County law, a County-financed construction contract is subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements can be reviewed at: (www.montgomerycountymd.gov/PrevailingWage).




3.9.2. An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

3.10. Qualification of Offerors

3.10.1. Offerors may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed or are regularly engaged in performing the services for which they are submitting a proposal, and that they maintain a regularly established place of business.

3.10.2. An authorized representative of the County may visit any prospective contractor's plant, place of business or place where the services are performed to determine ability, capacity, reliability, financial stability and other factor(s) necessary to perform the contract.

3.10.3. Upon the County’s request, an offeror must submit information about its reputation, past performance, business and financial capability, and other factors to demonstrate that the offeror is capable of satisfying the County’s needs and requirements for this solicitation.

3.11. Services Contract (County Code 11B-33A)

3.11.1. Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements related to wage amounts that contractor must pay its employees. If an offeror fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable and rejected under County law.

3.11.2. Information regarding the County’s Wage Requirements Law (WRL) can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/WRL). Contractor must comply with the “Wage Requirements Law (WRL) for Services Contracts Addendum to The General Conditions of Contract between County and Contractor”, which can be found included with the Wage Requirements Certification form at the website below.

3.11.3. The companion document entitled “Wage Requirements Certification” form can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

4. Article 4: Notices

4.1. Proprietary & Confidential Information 4.1.1. This is to notify prospective offerors that the County has unlimited data rights regarding

proposals submitted in response to its solicitations. “Unlimited data rights” means that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information, as defined by the Maryland Information Act (MPIA), Md. Code Ann., Gen. Prov. §§ 4-101 through 4-601, will be exempted from disclosure if the offeror can show that release of such information would cause substantial competitive harm to the offeror.

4.1.2. It is the responsibility of the offeror to clearly identify each part of the offer that it believes is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with large boldface letters stating the words "confidential" or “proprietary.” However, the County, by law, must apply the MPIA’s requirements for public information disclosure deemed proprietary and confidential; therefore, even information marked as such by the Offeror may still require public disclosure.

4.1.3. The offeror agrees, with regard to any portion of the proposal that is not stamped as proprietary or confidential, that it expressly permits the County to deem it not to be proprietary or confidential, and to release the information to the public in accordance with the MPIA.





4.2. Protests

4.2.1. Any Offeror who is aggrieved may file a protest. Any Offeror who is aggrieved in connection with a formal solicitation must deliver a written protest to the Director, Office of Procurement: (a) within ten (10) days after the Director, Office of Procurement, publicly posts the proposed contract award, if the offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the solicitation proposal submission due date and time, if the offeror seeks as a remedy the cancellation or amendment of the solicitation.

4.2.2. Each protest must contain a protest filing fee in the amount of $500 (US currency). If the fee is paid by check, the check must be made out to “Montgomery County Government”.

4.2.3. The Director, Office of Procurement, may return the filing fee to the protesting offeror, if the protest is sustained.

4.2.4. The Director, Office of Procurement, must dismiss any protest not timely received. 4.2.5. Only an offeror who is “aggrieved” may file a protest. “Aggrieved” means that the offeror who

files the protest can demonstrate it may be eligible for an award of the contract if the protest is sustained.

4.2.6. Each protest must contain the following:

• Identification of the solicitation;

• Offeror Name;

• Offeror Address;

• Offeror Email Address;

• Offeror Telephone Number;

• Statement supporting that the Offeror is aggrieved;

• Specification of all grounds for the protest;

• Submission of detailed facts and all relevant documents;

• Citation to relevant language in the solicitation, regulations, or law relied upon; and,

• All other matters which the Offeror contends support its protest 4.2.7. The burden of production of all relevant evidence, data, and documents, and the burden of

persuasion, to support the protest is on the offeror making the protest.

4.3. Public Posting 4.3.1. It is the responsibility of the offeror, per Section 3.2.2 of the Procurement Regulations, to

keep informed of the current status of any proposed award for a contract in which the offeror is interested.

4.3.2. Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a public posting of the proposed awardee(s).

4.3.3. Information regarding the proposed award under this solicitation, or any solicitation issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at: (www.montgomerycountymd.gov/PRO/Awardee.html), and at the Office of Procurement, Rockville Center, 255 Rockville Pike, Ste. 180, Rockville, Maryland 20850.

4.4. Solicitation Preparation Expenses

4.4.1. All costs incurred in the preparation and submission of an offeror’s proposal will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County.

4.5. Tie Scoring

4.5.1. In case of a tie in the numerical Qualification and Selection Committee scoring, the tie will be resolved by offering the proposed contract to the offeror who has its principal place of business in Montgomery County, Maryland. If there is a tie between two or more offers, each of whom have its principal place of business in Montgomery County, Maryland, then the tie will be resolved in accordance with the criteria stated under Procurement Regulation

http://www.montgomerycountymd.gov/PRO/Awardee.html



4.1.2.4(f); See Procurement Regulations at: (www.montgomerycountymd.gov/PRO/Laws.html)

4.6. Verbal Explanations

4.6.1. Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this or any other solicitation will not be binding on the County.

END OF SECTION A INSTRUCTIONS, CONDITIONS AND NOTICES

http://www.montgomerycountymd.gov/PRO/Laws.html



SECTION B: DEFINITIONS, INTENT, AND METHOD OF ASSIGNMENT OF TASK ORDERS 1. Intent 1.1 Montgomery County, Maryland intends to use this solicitation to select, and enter into contracts

with, two (2) qualified Consultants to provide Construction Management and related Services for various County Projects. Offerors must be qualified as Local Small Business. Projects managed under this solicitation will have a total cost of not exceeding $5 million dollars. The Consultant selection methodology is further explained in Section C. The Scope of Services is more fully explained in the Attachment I.

2. Method of Assignment of Task Orders 2.1 It is the County's intent to enter into contracts with two (2) qualified Consultants to provide

Consultant Services for the Construction Management and related Services for various County Projects with total budget not exceeding $5 million each on an as needed basis. The County will issue a Task Order for each Project. Issuance of a Task Order will be contingent upon appropriation of funds by the Montgomery County Council and the encumbrance of such funds, as provided by the Montgomery County Code.

2.2 The Consultant that was the highest ranked, as a result of the Method of Award/Evaluation Criteria shown in Section C, will be offered the first Task Order. Should negotiations fail with that Consultant, the Task Order will be offered to the other Consultant. Each subsequent Task Order will be offered to the Consultant not receiving the latest assigned Task Order. In each case, should negotiations fail with the Consultant first offered a Task Order, that Task Order will be offered to the other Consultant. Further, should the Consultant fail to demonstrate to the County’s satisfaction that sufficient, approved key personnel are assigned to the Task Order, the County reserves the right to assign the Task Order to the other Consultant.

2.3 When Consultant services are needed for a Project, the County will send the Consultant being offered that Task Order a “Request for Task Order Proposal”.

2.4 The Consultant will be required to submit a Task Order Proposal to the Contract Administrator or designee within the deadline specified in the Request for Task Order Proposal. The Task Order Proposal must include: 1) a complete Fee Schedule for the Project, broken down by phase and including the number of hours and the hourly rates, as listed in Exhibit 5 to the Contract, for each staff member of the Consultant and each sub-consultant, and dated and signed by an authorized member of Consultant’s firm; 2) a list of approved key personnel (from all major disciplines) who would be providing services under the Task Order; (3) a Certificate of Insurance (if required); and 4) any other items specific to the Task Order as may be requested by the Contract Administrator or designee.

2.5 As necessary, the County will negotiate the proposed Basic Services compensation and/or other terms of the Task Order. After negotiations, and upon County execution of a Task Order, the negotiated compensation will be a lump sum price for all Basic Services as described in the Task Order; the Consultant must perform all Basic Services for the lump-sum Basic Services compensation shown in the Task Order. All costs incurred by the Consultant in negotiating Task Order proposals will be borne by the Consultant and will not be reimbursed by the County.

2.6 If the Task Order is approved, the Office of Procurement will issue a purchase order and the Contract Administrator or designee will issue a Notice to Proceed. The Consultant must not commence services under any Task Order until the Office of Procurement has issued a purchase order and the Contract Administrator or designee has issued a Notice to Proceed for that Task Order.

2.7 If there is a need to change the requirements of a specific Task Order, the modifications or changes to the Task Order will not modify or change any part of the Contract. Any such Task Order Amendment will only affect that Task Order, and the Amendment will be issued only for that Task Order.

2.8 Any Task Orders assigned during, but completed after, the contractual period for assigning Task Orders must be honored in accordance with all terms, conditions, scope of services, and costs



of the Contract and the Task Order until the assignment is completed and has been accepted by the Contract Administrator or designee.

END OF SECTION B DEFINITIONS, INTENT, AND METHOD OF ASSIGNMENT OF TASK ORDERS



SECTION C: METHOD OF AWARD/EVALUATION CRITERIA 1. Procedures

1.1 Upon receipt of proposals, the Qualification and Selection Committee (QSC) will review and evaluate all proposals in accordance with the written evaluation criteria listed below under Section C.2.

1.2 Interviews will be conducted with up to the four (4) highest scoring offerors based on the QSC’s score for each written proposal. The interview criteria that will be utilized are listed below under Section C.2. The QSC will also review offerors for responsibility.

1.3 The QSC will recommend to the Using Department Head that the two (2) highest ranked offerors, based on the interview scores only and its responsibility determinations, be awarded contracts.

1.4 The Using Department Head will review and forward the QSC recommendation with concurrence, objection, or amendment to the Director, Office of Procurement.

1.5 The Director, Office of Procurement, may approve, approve with conditions, or reject the Using Department Head’s recommendation.

1.6 Upon approval of a recommended award to a proposed awardee(s) by the Director, Office of Procurement, the County will enter into negotiations with the proposed awardee(s). If a contract cannot be successfully negotiated with any of the proposed awardee(s), the Using Department will proceed to negotiations with the next highest ranked offeror after obtaining approval from the Director, Office of Procurement. If the Director, Office of Procurement approves, negotiations may be held simultaneously or successively with one or more offerors prior to making an award.

1.7 After the successful conclusion of negotiations, the Director, Office of Procurement will publicly post the name(s) of the proposed awardee(s).

1.8 The County reserves the right to cancel the solicitation. The solicitation cancellation will be publicly posted.



2. Section C.2: WRITTEN PROPOSAL AND INTERVIEW EVALUATION CRITERIA

Note:

• Where NA appears in the table below, no points will be awarded and the Offeror is not required to provide, at that evaluation stage, the information shown under “Submittal Requirements.”

• If an item in a category is not provided, a zero point will be assigned to that item.

• Format of the written Offeror’s proposal must be organized in according to the following table with Tab# in sequence and clearly marked. All information must be organized in the Tabs. Unorganized proposals and mis located information may result in deduction of points.

Structure of the Proposals Written Evaluation Interview Evaluation

Cate

go

ry

Tab

#

Submittal Requirements Criteria

Po

ints

Criteria

Po

ints

1. G

EN

ER

AL

RE

QU

IRE

ME

NT

S

1.1

A cover letter with a brief description of the firm, including the Offeror’s legal name, address, telephone number and facsimile number. Provide the name, title, address, telephone number, and email address of the contact person who will be authorized to make representations for the Offeror.

Verify submittal of the cover letter. Failure of an Offeror to submit the cover letter may result in Offeror’s submission being rejected as unacceptable. R

eq

uir

ed

NA

0

1.2

Acknowledgment of the solicitation and any solicitation amendments (Acknowledge Page), signed by a person authorized to bind the Offeror to the proposal.

Verify signed form. Failure of an Offeror to submit the signed Acknowledgment may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0

1.3

Include three (3) references that may be contacted to attest to the quality and timeliness of the Offeror’s work of similar nature and scope to the scope required by the County (Use Attachment A).

Verify submittal and adequacy of references. Failure to submit the required material information may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0

1.4

If this solicitation is subject to the Wage Requirements Law (Request For Proposal), then the Offeror must submit the appropriate Wage Requirements forms.

Verify submitted forms. Failure of an Offeror to submit the required forms may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0




Cate

go

ry

Tab

#


Po

ints

Criteria

Po

ints

1.5

Mid-Atlantic Purchasing Team Rider Clause. (See Web Links)

Verify submitted form. Failure of an Offeror to submit the required form may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0

1.6

Minority Business Program and Offeror’s Representation. (See Web Links)

Verify submitted form. Failure of an Offeror to submit the required form may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0

1.7

Federal Standard Form 330, Architect-Engineer Qualifications Part I & II.

Verify submitted forms. Failure of an Offeror to submit the required forms may result in Offeror’s submission being rejected as unacceptable.

Req

uir

ed

NA

0

1.8

MFD Participation. (See Web Links)

MFD Participation. 100

MFD Participation.

100

1.9

Local Small Business Reserve Program (LSBRP)

Offeror must provide evidence that they are qualified as LSBRP.

Req

uir

e

d

Verification of LSBRP qualification. 0

2. S

CO

PE

2.1

Provide a completed Key Personnel Information Form (Attachment D) for each member of the A/E team including sub-consultants.

Qualifications of the key personnel. 1

50

Presentation and qualifications of the key personnel.

150

2.2

Using the Project Description Form (Attachment E), provide detailed descriptions of five (5) projects similar to those contemplated in this solicitation. Complete the County Project Description Form (Attachment F). If the Offeror has completed more than one project for the County in the past 5 years, at least 2 must be included in the interview presentation.

Quality and relevance of the projects presented.

150

Quality and relevance of the projects presented.

150




Cate

go

ry

Tab

#


Po

ints

Criteria

Po

ints

3. Q

UA

LIT

Y C

ON

TR

OL

3.1

Describe Offeror’s construction management methodology.

Quality of Offeror’s construction management methodology.

100

Quality of Presentation of Offeror’s construction management methodology. 1

00

3.2

Describe Offeror’s construction quality control methodology.

Quality of Offeror’s construction quality control methodology. 5

0

Quality of Presentation of Offeror’s construction quality control methodology.

50

3.4

Explain the team’s familiarity with Montgomery County “Building Design Standards” and “Project Management Handbook for Consultants”

Familiarity and/or previous experience with Montgomery County Manual for Planning, Design, and Construction of Sustainable Buildings.

50

Familiarity and/or previous experience with Montgomery County Manual for Planning, Design, and Construction of Sustainable Buildings.

50

4. B

UD

GE

T &

FIN

AN

CIA

L

4.1

Provide hourly rates for all professional, technical and

support staff (Attachment H).

Lowest average hourly rates will receive the highest points. Other rates will be awarded points with regard to reasonableness and relationship to other Offerors. Information must be provided for all professional, technical and support staff from all disciplines who will be working on the projects.

150

Lowest average hourly rates will receive the highest points. Other rates will be awarded points with regard to reasonableness and relationship to other Offerors.

150

4.2

Using the sample Task Order

Contract (Attachment J) provide a fee proposal for the scope of work in the Sample Task Order. Proposal must include detail description of the work and process for the project and Fee Schedule using the form provided in the sample of task Order.

The lowest Total fee proposal and the best project management process presented will receive the highest score.

100 f

or

Fee &

50 f

or

pro

ces

s

The lowest verified Total fee proposal will receive the highest score.

100 f

or

Fee &

50 f

or

pro

ces

s

5. S

CH

ED

UL

E

5.1

Describe how Offeror communicates issues and documents with the Owner, AE and contractors including forms and software used.

Quality of Offeror’s method of communicating issues and documents with the Owner, AE and contractors including forms and software used.

50

Quality of presentation of Offeror’s method of communicating issues and documents with the Owner, AE and contractors including forms and software used.

50




Cate

go

ry

Tab

#


Po

ints

Criteria

Po

ints

6. C

OM

MU

NIC

AT

ION

6.1

Describe how Offeror reviews the CPM schedule and scheduling methodology and communicate findings with the Owner, AE and contractor.

Quality of how Offeror reviews the CPM schedule and scheduling methodology and communicate findings with the Owner, AE and contractor.

50

Quality of presentation of how Offeror reviews the CPM schedule and scheduling methodology and communicate findings with the Owner, AE and contractor.

50

To

tal

Highest possible QSC

score for written proposal evaluation.

1000

Highest possible QSC score for interview

evaluation. 1000

NA = Not Applicable

END OF SECTION C



SECTION D: SUBMISSIONS 1. PROPOSAL SUBMISSIONS

FAILURE OF AN OFFEROR TO SUBMIT ALL REQUIRED PROPOSAL SUBMISSIONS MAY RENDER ITS PROPOSAL UNACCEPTABLE AS DETERMINED BY THE DIRECTOR, OFFICE OF PROCUREMENT. Offerors must submit one original and three (3) hard copies of their proposal in the format below, plus two (2) electronic copies (USB drive), each containing the complete proposal in PDF. Written proposals will be evaluated on only material that is submitted. The offeror must submit sufficient information to enable the QSC to evaluate the offeror’s capabilities and experience. Proposals must include the following information (including labeled sections numbered as shown):

1.1. A cover letter with a brief description of the firm, including the offeror’s name, address, telephone number, and email address.

1.2. The completed Acknowledgment Page of this solicitation signed by a person authorized to bind the offeror to the proposal.

1.3. At least three references that may be contacted to attest to the quality and timeliness of the offeror’s work of similar nature and scope as that required by the County in this solicitation (see Attachment A).

1.4. If this solicitation is subject to the Wage Requirements Law (see Request For Proposal), the offeror must submit the appropriate Wage Requirements Law forms found at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf). Failure to submit and complete the required material information on the form(s) may cause the offeror’s proposal to be unacceptable under County law, and the proposal may be rejected.

1.5. Mid-Atlantic Purchasing Team Rider Clause – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf).

1.6. Minority, Female, Disabled Persons Subcontractor Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf). To ensure a contract can move forward as a result of this solicitation, this plan must be submitted with the offeror’s proposal. Note: Offerors who are seeking additional MFD participation evaluation scoring points (see Section C above and the requirements and examples at (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf) MUST complete and submit this form with their proposal submission.

1.7. Minority Business Program and Offeror’s Representation – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (see Sample of MFD Report of Payments Received (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

Note: Offerors who are seeking additional MFD participation evaluation scoring points described under 7.1.1.6. above should complete and submit this form with their proposal submission.

1.8. Completed Attachment C, Offeror’s Organizational and Business Structure. 1.9. Completed Attachment D: Key Personnel Information Form. 1.10. Written Submissions Format and Additional Requirements:

1.8.1 Refer to Section C.2 for format of the written submission and additional information required. 1.8.2 All documentation must be in 8 ½” x 11” format. 1.8.3 Interview Submission Format and Additional Requirements:

• Refer to Section C.2 for format of the interview presentation and additional information required.

• Four (4) paper copies in 8 ½” x 11” format of the PowerPoint presentation or presentation boards utilized in the interview.

• One (1) electronic copy on a USB drive of the PowerPoint presentation or presentation boards prepared for the interview.


http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf


http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf





2. Award Submissions Prior to the execution of a contract, the following items must be submitted:

2.1 Minority, Female, Disabled Person Subcontractor Performance Plan – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

2.2 Offeror’s Certification of Cost and Price (contract value greater than $100,000) – See Attachment B and (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf).

2.3 Certificate of Insurance (Exhibit 3 – Mandatory Insurance Requirements). 2.3.1 The proposed contract awardee must provide the applicable insurance coverage, and all

costs for this coverage must be calculated into offeror’s proposal price. 2.3.2 These insurance requirements supersede those found in Paragraph #21 of the General

Conditions between County and Contractor and are applicable to any contract executed as a result of this solicitation.

2.4 If this solicitation is subject to the Wage Requirements Law (see Request For Proposal), then the offeror must submit a Certification of posting a Wage Requirements notice. See sample at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-164.pdf)

SECTION E: ETHICS As a result of being awarded this Contract the successful Contractor may be ineligible for the award of related Contracts. Montgomery County Code Sections 11B-52(b) and (c) state: A Contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:

1) Assist another party in the matter or another person if the person has a direct and substantial interest in the matter; or

2) Seek or obtain an economic benefit from the matter in addition to payment to the Contractor

by the County.

SECTION F: PROPOSAL/BID FORM The Offeror declares that the only person, firm or corporation, or persons, firms or corporations, that has or have any interest in this Proposal or in the Contract or Contracts proposed to be taken, is or are the undersigned on the Acknowledgment Page , and that this Proposal is made without any connection or collusion with any person, firm or corporation making a Proposal for the same Work.







ATTACHMENT A: REFERENCES (must submit at least three)

You are requested to provide client references to the County with your proposal. The three (3) references must be from clients currently being serviced or supplied under similar Contracts, or for whom work of a similar scope has been performed within the last 3 years. Names for references shall be of individuals who directly supervised or had direct knowledge of the services or goods provided. Failure of an offeror to provide the County with references within the time frame as stated herein may result in the offeror being considered non-responsible. All letter of references must include the following information:

1. Client’s firm name: 2. Client’s firm address: 3. Client’s point of contact name & title: 4. Client’s point of contact email: 5. Client’s point of contact telephone number:



ATTACHMENT B: COST AND PRICE REQUIREMENTS

By submitting your proposal, offeror, if selected for negotiation, grants the Contracting Officer or an authorized representative the right to examine those books, records, documents and any other supporting data that will permit adequate evaluation of the proposed price. This right may be exercised at any time prior to award of a Contract. The Montgomery County Government may utilize an independent Contractor for cost and price analysis or to examine your books and records. The Cost/price for any resultant Contract will be negotiated on the basis of the successful offeror’s normal estimating and/or accounting system or the system set forth in Cost Accounting Standards Board Disclosure Statement as required by Public Law 100-679. Prior to Contract execution, the proposed awardee may be required to provide the following information;

A. Latest and previous year’s financial statement or profit and loss statement. B. Burdened rate verification detailing the composition and value of the elements of Fringe

Benefits, Overhead, General and Administrative Overhead, Profit or Fee. C. Offeror’s Certification of Cost and Price information (the form on which to enter this information

can be downloaded at (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf).





ATTACHMENT C: OFFEROR’S ORGANIZATIONAL AND BUSINESS STRUCTURE A. Current Organization and Structure of the Business For Offerors that are Corporations or Limited Liability Companies: 1a. Date incorporated or date when articles of organization were filed: 1b. Incorporated/organized under the laws of what state: 1c. Provide all the following information for each person who is either (a) an officer of the

corporation/limited liability company (president, vice president, secretary, and treasurer), or (b) the owner of at least ten per cent of the corporation’s stock or interest in the limited liability company.

Name Position Years with Co. % Ownership

1d. Identify every firm/company that any person listed above has been associated with (as owner,

general partner, limited partner, member or officer) at any time during the last five years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock or membership interest, if the business is a corporation or limited liability company.

Person’s Name Construction Firm Dates of Person’s Participation with Firm

For Offerors that are Partnerships: 1a. Date of formation: __________________ 1b. Formed under the laws of what state: __________ 1c. Provide all the following information for each partner who owns 10 per cent or more of the firm.

Name Position Years with Co. % Ownership

1d. Identify every firm/company that any partner has been associated with (as owner, general partner,

limited partner, member or officer) at any time during the last five years.



NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name Construction Company Dates of Person’s Participation with Company

For Offerors that are Sole Proprietorships: 1a. Date of commencement of business: 1b. Identify every firm that the business owner has been associated with (as owner, general partner,

limited partner or officer) at any time during the last five years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name Construction Company Dates of Person’s Participation with Company

For Offerors that intend to bid as part of a Joint Venture: 1a. Date of commencement of joint venture: 1b. Provide the following information for each firm that is a member of the joint venture that expects to

bid on one or more projects:

Name of firm % Ownership of Joint Venture

B. History of the Business and Organizational Performance 1. Has there been any change in ownership of the Offeror at any time during the last three years?

NOTE: A corporation whose shares are publicly traded is not required to answer this question.

Yes No

If “yes,” explain on a separate signed page.

2. Is the firm a subsidiary, parent, and holding company or affiliate of another firm?

NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No




3. Are any corporate officers, partners or owners connected to any other construction firms?

NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No




ATTACHMENT D: KEY PERSONNEL INFORMATION FORM Complete form below Submit for all personnel listed in the Exhibit 6, and attach resumes and/or use additional sheets if required.

1- Name: 2- Title: 3- Educational background: 4- Work experience: (Provide or attach a chronological resume including the following for each

employer: a. company name: b. Address: c. Telephone number: d. Name of supervisor: e. Description of position: f. Responsibilities: g. Dates of employment: h. Place of work (Address verification if this person is local to the project location)

5- Experience working with other proposed staff: 6- Project experience similar to this project: 7- Current commitments/projects and define responsibilities: 8- Percentage of time expected to be available at time of NTP: 9- Anticipated date when availability will be 100% for this project: 10- Provide two contacts for each proposed key personnel:

a. Reference contact #1 i. Name: ii. Company: iii. Telephone: iv. previous association with proposed personnel:

b. Reference contact #2 i. Name: ii. Company: iii. Telephone: iv. previous association with proposed personnel:



ATTACHMENT E: CONSULTANT(S) SIMILAR PROJECT INFORMATION FORM Complete one form for each project. Use additional pages if necessary.

Use this form to provide information on projects you name as being representative of the quality of completed CM work which your firm is capable of providing for this Project.

1. Name of Project: 2. Address:

a. Street b. City, State, Zip Code

3. Owner (company, local, state or federal government, etc.)

a. Name: b. Address:

4. Owner Project Manager:

a. Name: b. Telephone: c. Email:

5. Project Size:

a. Property size: b. Building size:

i. Footprint: ii. Number of stories: iii. Overall gross sf:

6. Project Cost: a. Total Bid price: b. Value of change orders: c. Final Construction cost:

7. Project Schedule: a. Date of bid: b. Construction duration (calendar days): c. Delays: d. Date completed:

8. Project Scope: a. Brief scope of project: b. Structure system: c. LEED certification:

9. Awards and recognitions: 10. A/E’s project manager name: 11. Project’s challenges: 12. If similar project, why is this project similar to the projects contemplated in this solicitation? 13. If not similar project, why is this project included in your proposal? 14. Include all necessary photographs and renderings.



ATTACHMENT F: COUNTY PROJECT DESCRIPTION FORM

Complete one form for each project. Use additional pages if necessary. Provide information for any projects for which the A/E team has provided services in the last 5 years where Montgomery County was the Owner. List of all projects contracted with the Offeror in the past 5 years: Project Name: Project Description: County Project Manager: County Contract Administrator: Reason behind selection of this project among others performed, if any:



ATTACHMENT G: MANDATORY INSURANCE REQUIREMENTS Prior to the execution of the contract by the County, the proposed awardee/contractor and their contractors (if requested by County) must obtain, at their own cost and expense, the following minimum (not maximum) insurance coverage with an insurance company/companies licensed to conduct business in the State of Maryland and acceptable to the Division of Risk Management. This insurance must be kept in full force and effect during the term of this contract, including all extensions. The insurance must be evidenced by a certificate of insurance, and if requested by the County, the proposed awardee/contractor shall provide a copy of the insurance policies and additional insured endorsements. The minimum limits of coverage listed below shall not be construed as the maximum as required by contract or as a limitation of any potential liability on the part of the proposed awardee/contractor to the County nor shall failure to request evidence of this insurance in any way be construed as a waiver of proposed awardee / contractor’s obligation to provide the insurance coverage specified. The Contractor's insurance shall be primary. Coverage pursuant to this Section shall not include any provision that would bar, restrict, or preclude coverage for claims by Montgomery County against Contractor, including but not limited to “cross-liability” or “insured vs insured” exclusion provisions.

Commercial General Liability A minimum limit of liability of one million dollars ($1,000,000), combined single limit, for bodily injury and property damage coverage per occurrence including the following coverages: Contractual Liability Premises and Operations Independent Contractors

Products and Completed Operations

Professional Liability (Errors and Omissions Liability) The policy shall cover professional errors and omissions, negligent acts, misconduct or lack of ordinary skill during the period of contractual relationship and services rendered with the County with a limit of liability of at least:

Each Claim $3,000,000 In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed.

Automobile Liability Coverage A minimum limit of liability of five hundred thousand dollars ($500,000), combined single limit, for bodily injury and property damage coverage per occurrence including the following: owned automobiles hired automobiles non-owned automobiles

Worker's Compensation/Employer's Liability Meeting all statutory requirements of the State of Maryland Law and with the following minimum Employers’ Liability limits: Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limits Bodily Injury by Disease - $100,000 each employee Additional Insured Montgomery County, Maryland, its elected and appointed officials, officers, consultants, agents and employees must be named as an additional insured on Contractor’s Commercial and Excess/Umbrella Insurance for liability arising out of contractor’s products, goods and services provided under this contract. Policy Cancellation Should any of the above policies be cancelled before the expiration date thereof, written notice must be delivered to the County in accordance with the policy provisions. Certificate Holder Montgomery County, Maryland DGS/ DBDC/ Yemisi Ogbodo



101 Monroe Street, 9th Floor Rockville, Maryland 20850



ATTACHMENT H: HOURLY RATES

The hourly rates of professional, technical and support staff who will be working on the Projects.

1. The hourly rates must include any and all multipliers and include all overhead, benefits, profits, etc.

2. The Consultant must use this form without modifications so that there is a standard basis for evaluation. 3. Add additional team members and their rates as appropriate. 4. Reimbursement may be allowed for direct non-salary costs incurred incidental and directly

attributable to the Task Order, as follows: 5. Local Travel Costs - Local travel costs for automobiles must be included in the Consultant's and

sub-consultants' overhead and reimbursement for same shall not be an allowable direct cost of any Task Order under this Contract. Reimbursement for automobile travel costs will be made only for travel distance in excess of 75 miles (one way) from downtown Rockville, Montgomery County.

6. Meals and Lodging - Costs of meals and lodging may be allowed If and as conditions warrant. In situations where lodging and/or meals are warranted, the Consultant shall require prior approval from the. Contract Administrator.

7. Printing - Reimbursement for in-house printing must be Included in the Consultant's and sub consultants' overhead. However, for printing and photographic services performed by outside vendors, the Consultant will be reimbursed at actual cost incurred.

8. Computer Utilization- Reimbursement for computer and CADD, Primavera software and other software that is required to provide services described in the Scope of Services in this solicitation must be included in the Consultant's and sub-consultant's overhead and reimbursement for same shall not be an allowable direct cost to any Task Order under this Contract.

9. Mail Delivery- The cost of regular mail delivery must be Included in the Consultant's and sub consultants' overhead and reimbursement for same will not be allowed as a direct cost to any Task Order under this Contract. The cost of any express or courier delivery will be reimbursed at actual cost Incurred.



HOURLY RATES TABLE:

Position Daily Hourly Rate (full time)

Weekly Hourly Rate (full time)

Monthly Hourly Rate (full time)

Principal $ $ $

1 Contract Manager/Management Oversight $ $ $

2 Construction Manager I $ $ $

3 Construction Manager II $ $ $

4 Inspector II $ $ $

5 Inspector III $ $ $

6 Inspector III $ $ $

7 Document Controls Specialist $ $ $

8 Design Constructability Review Consultant $ $ $

9 Facility Condition Assessment Consultant $ $ $

10 Post Construction Measurement & Verification Specialist

$ $ $

11 Technology Support Specialist/Advisory $ $ $

12 Technology Advisor $ $ $

13 Risk Management Consultant $ $ $

14 Scheduler Jr. $ $ $

15 Scheduler Sr. $ $ $

16 Cost Estimator Jr. $ $ $

17 Cost Estimator Sr. $ $ $

18 Value Management Consultant $ $ $

19 Administrative Assistant $ $ $

20 Asset Management Consultant $ $ $

21 Claims Analyst $ $ $

22 Independent Commissioning Professional $ $ $



ATTACHMENT I: GENERAL SCOPE OF WORK (APPLIES TO ALL PROJECTS UNDER THIS CONTRACT)

Following requirements applies to all projects under this contract. Specific project requirements are included in the Task Order Contract (See sample Task Order Contract) 1. Scope of Work

1.1. General Scope of Services

A. Individual tasks may require supervision, manpower, materials, equipment and supplies necessary to complete any of the services outlined below. All individuals performing work under this Contract must have the appropriate licenses, certifications or credentials that prove competence in tasks being performed.

B. All services shall be performed in conformance with industry standards and all applicable federal, state, and local laws, ordinances and regulations including the Montgomery County Code, Montgomery County Procurement Regulations, Environmental Protection Agency (EPA), Maryland Department of Environmental Quality, Maryland State Highway Administration (MDSHA), State Health Department, Maryland Occupational Safety and Health Agency (MOSHA) and OSHA rules and regulations.

C. In performing the Work under this agreement, it is understood that the consultant will be the

Owner's Representative and assumes no responsibility for the design or construction of the

project and that all such responsibility remains with the Client, Architect and the Contractor for

the Project. As part of the Work, Consultant may provide Client with recommendations and

summaries, but all final decisions as to design, construction, or scope of services which are

determined by the Architect or Engineer to be the responsibility of the Client shall be timely

made by the Client.

D. Consultant shall keep client informed of the work progress and as appropriate, preliminary

findings and recommendations. The Contractor shall remain responsible for its progress of the

work. Consultant will not be responsible for any delays caused by the Architect or Engineer's

work or progress of the Contractor.

E. Client shall provide Consultant with information relating to the Project that are necessary or

Consultant to provide the Services and Work herein.

F. Consultant will identify the roles and responsibilities of each Project member, establish

communications protocols to provide timely information and accountability.

G. Consultant will designate Project personnel for authority and accountability for the Project

communications.

H. Client has contracted with an Architect or Engineer for various professional services. In the

event of a design error or omission or other such claim arising or related thereto, the Client

agrees that such risk shall not be borne by Consultant, and Consultant shall not be responsible

for any such claims.

I. Estimates of costs are made in Consultant best judgment. The Client recognizes that actual

costs may vary depending upon many factors, and therefore understands that any estimate is

not a guarantee of actual costs that may be incurred by the Client.

J. The Contractor is responsible for all of the means, methods and sequencing of the work. No

review by Consultant on the Project shall relieve the Contractor from full performance of the

construction work. In the event of a construction defect or other such claim arising or related

thereto, the Client agrees that such risk shall not be borne by Consultant, and Consultant shall

not be responsible for any such claims.

K. Neither the professional services or other activities of the Consultant herein, nor the presence

of the Consultant or its employees and subconsultants at a construction/project site, shall

relieve the Contractor of their obligations, duties and responsibilities including, but not limited



to, construction means, methods, sequence, techniques or procedures necessary for

performing, superintending and coordinating the Work in accordance with the contract

documents and any health or safety precautions required by any regulatory agencies.

Consultant and its personnel have no authority to exercise any control over any construction

contractor or their employees in connection with their work or any health or safety precautions.

The Client agrees that the Contractor is solely responsible for jobsite safety, and warrants that

this intent shall be carried out in the Client's agreement with the General Contractor. The Client

also agrees that the Client, Consultant and the Consultant ' consultants shall be made

additional insured under the General Contractor's general liability insurance policy.

Furthermore, in any hold harmless agreements between the Client and any contractor who may

perform work in connection with any professional services rendered by Consultant, the client

will require such contractor(s) to defend and indemnify Consultant.

L. The Consultant must be capable to utilize Building Information Modeling (BIM/Revit) for

production and review of all design. M. The Consultant must execute a Construction Quality Control (DQC) program that meets or

Exceeds the requirements of the County Standards and Requirements. N. Task Orders may be for a specific Capital Improvement Project or other Project or may support

the overall needs of the Department for Capital Improvement, Capital Asset Replacement, and

other projects. The services may include but are not limited to the following: 1. Design Phase

a. Partnering Workshop b. Development of Program of Requirements. c. Feasibility Study including site and building/structure evaluation. d. Project Schedule review and comments e. Cost Estimating f. Project Cost Control recommendations g. Review of design documents (including prints, CAD or BIM, and specifications) and provide

recommendations. h. Technical and Constructability Review i. Value Engineering Analysis and Recommendations j. Review of comments and recommendation k. Provide recommendation on AE performance l. Risk Assessment study. m. Independent design and Value Management reviews n. Preparation of independent construction estimates, including but not limited to risk

assessment, before Project is advertised for bid. o. Preparation for and participation in briefings and presentations to staff groups, citizen

groups, the County Council and federal or state agencies. p. Review of project A/E's invoices. q. Timely processing of project correspondence. r. Other Building and construction related services. 2. Construction Phase a. Attend Pre-Construction Conference/meeting; attend Superintendent safety mtgs; attend

utility mtgs (WSSC, Pepco, Wash. Gas etc.) b. Monitor Schedule and assist in review and recommendations for a recovery plan c. Visit the site on a regular basis to monitor, confirm and review the progress of the Works d. Comprehensive Quality Assurance, Control, Constructability and Contract document

reviews for Capital Improvement, renovation and other projects. e. Review and evaluation of Construction Contractor claims and change order requests, with

recommendations for resolution f. Critical Path Method and construction schedule analysis, evaluation, and recommendations g. Review the schedule daily to identify line activities in the 2-week lookahead window; log

activities or sub-activities that are behind and log the responsible party – for use in schedule review sessions; share information with the PM for her use with later claims & extension requests



h. Schedule with the County CR to have 30 minutes meeting at the end of the workday; share information on daily activities and confirm that there are no gaps in coverage.

i. Status the schedule at the end of each work week (Fridays) and alert the County PM of a trend to slippage at the end of each week, or first day of the next week.

j. Log items that will go into the updated biweekly report to the County; special attention should be placed on pending construction that will be likely to cause delay due to constructability problems, procurement delays or poor contractor coordination; notify the County PM accordingly

k. Check documentations on BIM360 or other CM management software and inform the county PM of any issues that might

l. Preparation of periodic and final reports for project major milestone events, status of contracts, status of contractor claims and change order requests, and recommended resolution of claims and change order requests, on Capital Improvement, renovation, and other projects.

m. Field observation and inspection during construction & Submit detailed reports of findings and observations, etc.

n. schedule with the Contractor’s Superintendent and the County CR, onsite, to have the Contractor describe the scope and intent of the PCO, to establish ownership of the change.

o. Observe safety practices during the site walks and inform the Superintendent as needed to correct the situation (s).

p. On-site Resident Project Representative q. Attend/observe testing during the Testing Agency’s presence on the site, when concrete

samples are taken & cylinders are made r. Walk the site A.M and identify issues @ start of day ; enter issues in “Issues Log” ; notify

Superintendent of critical items for the day ; site walks should be 2 to 3 times per day and as needed on high-activity days Evaluate the work in progress in accordance with the general contractor’s Payment schedule and to evaluate the Main Contractors payment claims as and when submitted. These valuations along with the Claims for payment are to be submitted to the Architect for Certification of payment by the Project Manager to the Main Contractor.

s. Topographic & Boundary Survey, preparation of easement documents. t. Ensure that each Stage of the Works is carried out correctly and in the proper order. u. Ensure that the Workmanship is being carried out to Best Trade Practices. v. Ensure that the Specified Materials are being used and in the correct manner for the

purposes they were designed or specified. w. Recommend to Project Manager/Contract Administrator to halt the Works in full or in part

with supported with detail documentation should the workmanship or construction processes be deemed unsatisfactory prior to implementation.

x. Recommend to Project Manager to instruct the Main Contractor and/or sub-contractors and/or Nominated Contractors to demolish, remove and otherwise replace any materials or works deemed unsatisfactory and document details.

y. To call and conduct weekly site meetings with the Contractor, Architect, Local Consultants and Specialist Trades to review Progress, the previous weeks achievements and the program for the following period. Establish material/ labor/subcontractor requirements also for the following period.

z. Provides recommendations on Contractor and Subcontractor Performance Review aa. To inspect and certify Substantial Completion and then Final completion of the Works. bb. All other services required in accordance with generally accepted construction management

practices consistent with the terms of this Contract. Liaise with Architect, Contractors Site Foreman and/or Representative(s) including those of any Nominated Sub-Contractors.

cc. Other Building and construction related services

2. Compliance with County Standards Consultant must be familiar and assist County in enforcing the latest editions of the following standards and protocols. These documents can be downloaded with the RFP:



• Montgomery County Maryland, Building Design Standards

• Project Management Handbook for Project Managers

• Project Management Handbook for Consultants

3. Project Schedule Each project has its own schedule and the consultant must be familiar and assist the County in enforcing the project schedule.

4. Project Budget Each project has its own budget including construction budget, contingencies and construction contract amount. The consultant must be familiar and assist the County in enforcing the project budget to the degree that the project manager requests.



ATTACHMENT J: REQUESTED TASK ORDER FOR RFP SCORING

MONTGOMERY COUNTY MARYLAND, DEPARTMENT OF GENERAL SERVICES, DIVISION OF BUILDING DESIGN AND CONSTRUCTION

TO: Potential Offeror

CONTRACT NO.: TBD

CIP PROJECT NO.: TBD

PROJECT: Comprehensive Construction Management & related Architectural/Engineering Services for Various County Facilities for: Sample Project For RFP Evaluation

THIS TASK ORDER IS BEING ISSUED IN ACCORDANCE WITH THE COMPENSATION, TERMS, CONDITIONS

AND SCOPE OF SERVICES OF THE ABOVE REFERENCED CONTRACT.

SCOPE OF SERVICES

Montgomery County Maryland has awarded a construction contract to a construction contractor (XYZ Inc.) for the Renovation of The Rockville Fire Station, located in the downtown Rockville. Project is about 20,000 GSF and it is a one-story building. County intends to also hire Commissioning, testing, and envelope specialists/consultants to assist the county in the construction management for the project. It is required to have a minimum of one progress meeting every other week at the site. County will use BIM360 to manage the project. Project requires Special Inspection. County requires comprehensive services of a Construction Management firm in providing assistance to the county for construction administration, quality control and construction management of the Project.

Basic Services

Basic Services include General Scope of Services in the contract (Attachment I) and the following requirements and conditions:

Work must be completed in 5 phases, as follows:

Phase #1: Pre-Construction Phase #2: Construction up to Substantial Completion Phase #3: Substantial Completion of Construction Phase #4: Final Completion of Construction Phase #5: Warranty Period The following is the sequence of events that will begin as soon as the construction process starts; this sequence may be updated and modified as the project develops:

o Initial kickoff meeting with the project team and all key players o Pre-Construction meeting with the contractor o Collection, review and assisting county in approving pre-construction documents submitted by

the contractor. o Initial site walkthrough with permitting agencies o Attend all construction progress meetings and prepare notes as needed. o Conduct routine construction site walkthrough and inspection during the construction o Review submittals o Review contractor’s invoices for accuracy o Use BIM360 or other approved by the owner CM software for keeping the documents and

coordination, collaboration with the AE and the owner.



o Provide issue logs in the BIM36 o Review CPM schedule provided by the contractor and provide comments about the logic and

content of the schedule. o Conduct walkthrough during substantial construction completion request by the contractor and

verify punch lists and provide comments to the owner PM o Conduct walkthrough during final construction completion request by the contractor and verify

punch lists and provide comments to the owner PM o Review all closing materials including Manuals, warranties, specifications, as builts and permits. o Review all contractor claims and provide the owner with suggestions and comments.

Personnel Required for this project

Consultant must provide the following personnel for this project:

1. All key Personnel listed in the Exhibit 6. Notes:

• Project require 3 weekends (6 days full time) of weekend inspection of the contractor’s work.

• All meetings required in the “Project Management Handbook for Consultants”.

Consultant’s Professional Responsibility and Standard of Care By execution of this Task Order, the Consultant represents and agrees that:

a. It is an experienced and registered professional firm having the ability and skill necessary to perform all the Services required of it under the Contract and this Task Order in connection with the design and construction of a Project having the scope and complexity of the Project contemplated herein;

b. It has the capabilities and resources necessary to perform its obligations hereunder; c. It is familiar with all current laws, rules and regulations which are applicable to the design and

construction of the Project (such laws, rules and regulations including, but not limited to: appropriate local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local utility laws, rules and regulations, and appropriate orders and interpretations by governing public authorities of such ordinances, requirements, laws, rules and regulations in effect at the time of commencement of the Consultant’s services on the Project;

d. That all drawings, plans, specifications and other documents prepared by the Consultant must be prepared in accordance with, and must accurately reflect and incorporate, appropriate laws, rules and regulations.

e. In consideration of the fee specified hereinafter, conveys and agrees to perform, in connection with this Project, with the assistance of competent registered professional staff and/or sub consultants including but not limited to architect, structural engineer, civil engineer, mechanical engineer, electrical engineer, and any others as necessary, professional services as detailed in the Contract and/or in this Task Order.

f. To act in a reasonable, responsive and timely manner in the performance of all services under this Task Order.

At the County's option, the Consultant may be joined as a party to any dispute the Construction Contractor or County initiates, at no additional charge to the County.

Project Master Schedule Following is the project Construction schedule as presented to the contractor. This schedule may be modified during the pre-construction period which will establish the Schedule Base Line: Pre-Construction Duration 30 Calendar Days Construction Duration 180 Calendar Days



Substantial Completion Duration 30 Calendar Days Final Completion Duration 30 Calendar Days Warranty Period Duration 365 Calendar Days

COMPENSATION

The County will compensate the A/E for all services performed in accordance with the compensation, terms, conditions, and scope of services of Contract #______________ and this Task Order. Basic Services Compensation The County shall compensate the A/E for Basic Services performed in accordance with the terms, conditions and scope of services of the Contract and this Task Order for a lump sum of $_____________. This lump sum fee is fixed for the duration of the Task Order unless changed by a Task Order Amendment. The Basic Services Compensation includes all costs for such services including but not limited to printing, copying, travel, communications charges, meals, deliveries, etc. Payments for Basic Services will be made monthly in proportion to services performed so that the

compensation at the completion and issuance of written approval of each phase must not exceed the following percentages of the Basic Services Compensation, assuming the anticipated delivery dates as set out in the Master Schedule attached as Exhibit “C”.

The Consultant shall not be responsible for payment for structural, mechanical, chemical and other

laboratory tests, inspections and reports as required by law that are not otherwise called for in the

Contract.

The Consultant shall not be responsible for payment for necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

PROJECT PHASE PERCENT OF TOTAL

AMOUNT CUMULATIVE PERCENT

Pre-Construction 10% $ 10%

Construction 70% $ 80%

Substantial Completion 10% $ 90%

Final Completion 8% $ 98%

Warranty Period 2% $ 100%

TOTAL

100%

$

100%

No deductions shall be made from the Consultant’s Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to the Construction Contractor. Should the project schedule deviate from the Master Schedule by more than 120 calendar days through no fault of the Consultant, the Consultant may request negotiation of the compensation shown herein for Basic Services, and adjustment of the dates required for completion of the remaining work.



The fee is based on the Approved Fee Schedule (Sample provided at the end of the Task Order). Fee Schedule is an Excel File and will be provided to the Consultant for use. Invoice

Invoices must be prepared in compliance with the Invoice Form in the “Project Management

Handbook for Consultants”.

The following statement must be printed on all invoices submitted to the County for payment:

“The Consultant certifies that up to the date of this invoice the prime contractor (Consultant) and/or its consultants have not engaged or performed any additional services without written authorization of the County. The Consultant further certifies that it has addressed all comments provided by the County in response to all documents submitted by the Consultant, and that the Consultant has coordinated all permitting requirements for this project with all appropriate agencies and utilities.”

C. TERM The effective date of this Task Order and the period in which the Consultant must perform all work under the Task Order begins with the County’s issuance of a Notice to Proceed and ends with a Notice of Completion of Work.

SIGNATURE PAGE FOLLOWS



This Task Order No. 1111050 is effective on the date of execution by the Contract Administrator

ORDERED BY:

Contract Administrator: Hamid Omidvar, AIA

Chief, Division of Building Design and Construction

Department of General Services

Signature:

Date:

ACCEPTED BY:

Printed Name:

Title:

Firm Name

Signature:

Date:

FEE SCHEDULE FORM (USE EXCEL FILE TO GENERATE)



Project Name:

Consultant's Firm Contract #:

Consultant's Name Task Order #:

Date:

Important Notes:

Position Phase 1 Phase 2 Phae 3 Phase 4 Phase 5 Phase 6

Total

Hours

Hourly

Rate Total Cost

Principal

4 4 4 4 4 4 24 $ 200.00 $ 4,800.00

Contract Manager -

Management Oversight 40 40 40 40 40 40 240 $ 160.00 $ 38,400.00

Construction Manager I

180 180 180 180 180 180 1,080 $ 120.00 $ 129,600.00

Inspector III

80 80 80 80 80 80 480 $ 90.00 $ 43,200.00

Document Controls Specialist

20 20 20 20 20 20 120 $ 100.00 $ 12,000.00

Design Constructability

Review Consultant 20 20 20 20 20 20 120 $ 100.00 $ 12,000.00

Facility Condition

Assessment Consultant 20 20 20 20 20 20 120 $ 80.00 $ 9,600.00

Post Construction

Measurement & Verification 40 40 40 40 40 40 240 $ 80.00 $ 19,200.00

Technology Advisor

10 10 10 10 10 10 60 $ 120.00 $ 7,200.00

Risk Management Consultant

5 5 5 5 5 5 30 $ 100.00 $ 3,000.00

Scheduler Sr.

80 80 80 80 80 80 480 $ 100.00 $ 48,000.00

Cost Estimator Sr.

40 40 40 40 40 40 240 $ 100.00 $ 24,000.00

Value Management

Consultant 10 10 10 10 10 10 60 $ 100.00 $ 6,000.00

Asset Management

Consultant 8 8 8 8 8 8 48 $ 100.00 $ 4,800.00

Claims Analyst

4 4 4 4 4 4 24 $ 100.00 $ 2,400.00

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

Staff Total 561 561 561 561 561 561 3,366 1,650.00$ 364,200.00$

Expenses Phase 1 Phase 2 Phae 3 Phase 4 Phase 5 Phase 6 Total Cost

Travel 120.00$ 120.00$ 120.00$ 120.00$ 120.00$ 120.00$ 720.00$

Printing 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 1,200.00$

Delivery 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 900.00$

Other 1 -$

Other 2 -$

Other 3 -$

Expenses Total 470.00$ 470.00$ 470.00$ 470.00$ 470.00$ 470.00$ 2,820.00$

367,020.00$ Project Total Cost

Name of Project

Name of Consultant's Firm

Name of officer signed

Contract #:

Task Order #:

mm/dd/yyyy

1-Fill the following table with fees per phase and position. If needed, additional disciplines or positions can be added.

5- This form is provided in Excel format and should be submitted for review and approval both in printed and Excel file format on a USB drive.

2-Positions/Staff and hourly rates must match those in the contract.

3-Please be advised that no exception in the scope of services is acceptable.

4-Consultant fee must be inclusive of all services needed to deliver the work as explained in the Task Order and contract.

DO NOT CHANGE FORMULAS

DO NOT CHANGE FORMULASCost $ per phase

FEE SCHEDULE

Number of Hours



PART 2: SAMPLE CONTRACT

This document will be finalized after the selection of the contractor. The contract and all Exhibits may be revised, completed or amended as a result of negotiations with the

selected Offeror.



SAMPLE CONTRACT BETWEEN OWNER AND CONSULTANT

For Construction Management and Related Services

for Various County Facilities

CONTRACT # 1111792

Between

Owner MONTGOMERY COUNTY, MARYLAND

DEPARTMENT OF GENERAL SERVICES DIVISION OF BUILDING DESIGN AND CONSTRUCTION

And

Consultant Name



MONTGOMERY COUNTY, MARYLAND

FIXED PRICE CONSTRUCTION CONTRACT BETWEEN OWNER AND CONTRACTOR This Contract is by and between Montgomery County, Maryland (hereinafter referred to as “County” or “Owner”) and (Consultant Firm Name), Address, City, State, Zip (hereinafter referred to as “Consultant”, “A/E”, or “Contractor”).

1. ARTICLE 1: DEFINITIONS

1.1 The following words and phrases, here appearing capitalized and in quotes, have the following meanings for the purposes of this Contract:

1.2 “ADDITIONAL SERVICES”: The architectural and engineering services to be performed by the A/E in connection with a Project but not specifically designated as Basic Services. A listing of the potential Additional Services may be included in the Contract or any Task Order.

1.3 “BASIC SERVICES”: General scope of services that applies to all Task Orders.

1.4 “CONSTRUCTION CONTRACT DOCUMENTS”: The County-Construction Contractor contract and the complete drawings and specifications prepared by the A/E, including any amendments and changes thereto, which allow the Construction Contractor to perform the Work on a Project. The A/E-prepared documents must include appropriate code-compliant drawings and specifications complying with federal, state and county requirements including the project Program of Requirements (POR) and County design guidelines and standards.

1.5 “CONSTRUCTION CONTRACTOR”: The entity that enters into a separate contract with the County to perform the construction of a Project.

1.6 “CONSULTANT”, “A/E”, or “CONTRACTOR”: The entity that enters into a Contract with the County to perform architectural/engineering services on a Project.

1.7 “CONTRACT ADMINISTRATOR”: The individual identified in the Contract who is responsible for the administration of the Contract in accordance with the authorities and limitations delegated to him by the Director (see Paragraph 6 of Exhibit 1 – General Conditions of Contract Between County and Contractor). The Contract Administrator will delegate specific contract administration authorities and duties for a Project to an individual who will be identified in the Task Order for that Project (Contract Administrator’s “designee”).

1.8 “CONTRACT AMENDMENT”: A Contract modification signed by the Consultant and the Director that provides for a change of Contract provisions.

1.9 “COUNTY” or “OWNER”: Montgomery County, Maryland, a body corporate and politic and a local subdivision of the State of Maryland.

1.10 “COUNTY PROJECT MANAGER”: The person designated by the Contract Administrator to serve as contact for day-to-day communication with the Consultant for a Project.

1.11 “DESIGN ADJUSTMENT”: Written documentation signed by the Contract Administrator or designee approving and authorizing a modification to the Program, Budget, Management Plan,



Master Schedule, or previously approved Design documents but having no impact on total time or compensation for the Contract.

1.12 “DIRECTOR”: The Director, Office of Procurement. The Director is the Contracting Officer for the County.

1.13 “NOTICE TO PROCEED”: A written communication to the Consultant from the Contract Administrator or designee directing commencement of Task Order Services or a portion thereof, or a particular phase or activity or portion thereof.

1.14 “PROGRAM OF REQUIREMENTS”, “PROGRAM”, or “POR”: The Owner-provided written summary of the Project requirements, which sets forth the County’s design objectives, constraints and criteria.

1.15 “PROJECT”: A complete and properly functioning facility suitable for the purpose for which it is intended and satisfying the Program of Requirements and the County’s needs.

1.16 “SCOPE OF SERVICES”: Includes Basic Services and specific scope of work identified in the Task Order.

1.17 “SERVICES”: The work to be performed by the Consultant under the Contract, consisting of the Basic Services described in the Contract and any Task Order.

1.18 “TASK ORDER”: A written document, signed by the Consultant and executed by the Contract Administrator (or designee), which, when combined with a purchase order issued by the Office of Procurement, directs the Consultant to provide indicated Basic Services on a Project for a lump-sum cost.

1.19 “TASK ORDER AMENDMENT”: A type of Task Order modification signed by the Contractor and executed by the Contract Administrator (or designee), which, when combined with a purchase order issued by the Office of Procurement, provides for a change of Task Order provisions without affecting the Contract provisions.

1.20 “USING DEPARTMENT HEAD” or “DEPARTMENT HEAD”: The Director, Department of General Services.

1.21 “WORK”: The total construction and related services performed on a Project by the Construction Contractor.

2. ARTICLE 2: BASIC SERVICES

2.1 The Consultant must provide comprehensive professional Construction management and related architectural and engineering services for the Project(s) in accordance with the terms and conditions of this Contract and each Task Order. The Consultant must act as a professional consultant to the County and must perform scope of the work as outlined in the Exhibit 7.

2.2 Each Project that is assigned to the consultant will include a Scope of Work that defines the parameters for that Project and establishes the work objectives. No deviation from the Scope of Work is allowed without a written Task Order Amendment



3. ARTICLE 3: METHOD OF ASSIGNMENT OF TASK ORDERS

3.1 This Contract provides Construction Management Services for various County Capital

Improvement or Operating Budget Projects on an as-needed basis. The County intends to

issue a separate Task Order for each project. Issuance of a Task Order will be contingent upon

appropriation of funds by the Montgomery County Council and the encumbrance of such funds,

as provided by the Montgomery County Code. Furthermore, the County makes no commitment

if, or when, a Task Order will be issued, the specific number of Task Orders, or the specified

value or total dollar value of work to be awarded under a Task Order. The County further

reserves the right to issue a separate Solicitation for any project (rather than issue a Task

Order), or to assign its in-house staff to coordinate, manage, oversee, or act as a liaison on any

project/assignment for which a Task Order has been issued. The County makes no guarantee

to any Consultant that they will be awarded any Task Order under this Contract.

3.2 The Consultant that was the highest ranked, as a result of the Method of Award/Evaluation

Criteria shown in the Solicitation that resulted in this Contract, will be offered the first Task

Order. Should negotiations fail with that Consultant, the Task Order will be offered to the other

Consultant. Each subsequent Task Order will be offered to the Consultant not receiving the

most recent executed Task Order; should negotiations fail with that Consultant; the Task Order

will be offered to the other Consultant.

3.3 Task Order Award Submissions: Prior to the execution of each Task Order, the following items

must be submitted:

Minority, Female, Disabled Person Subcontractor Performance Plan (specific to the Task Order scope) – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

3.4 When Construction Management Services are needed for a Project, the County's Project

Manager will send the Consultant being considered for that Project a "Request for Task Order

Proposal" that will include a draft Task Order with Scope of Work, schedule and other Task

Order-related information. The Consultant will be required to submit a Task Order Proposal to

the Contract Administrator or designee within the deadline specified in the Request for Task

Order Proposal that includes, at minimum, the following:

A. The required level of supervision, quality assurance and staff assigned by the

Consultant to an individual Task Order, as clearly defined in the Scope of Work.

B. Project documentation requirements, to include report type and content, content of

engineering drawings and the need for a professional engineer's stamp, as identified

in the Scope of Work.

C. A completed Fee Schedule form for the Project, i.e., the number of hours and the

hourly rates, as listed in Exhibit 5, for each personnel that would be assigned to

the Project.

D. A completed List of Personnel with each Task Order Proposal, to include all key

personnel in Consultant’s and sub-consultants' employ who will be assigned to the

Task Order. Such personnel and consultants must be satisfactory to the County and

must not be changed without the prior written consent of the County unless said

personnel cease to be in the Consultant's (or its sub-consultants', if applicable) employ,

in which case a replacement must be provided who is acceptable to the County, and




the List of Personnel must be amended to show the accepted changes. All personnel

must work in a local project office within seventy-five miles of Rockville, Maryland. The

Consultant must not delay the Project due to unavailability of the key personnel at any

time during the Project, including after any hold period.

3.5 If the Task Order is approved, the Office of Procurement will issue a Purchase Order and the

Contract Administrator will issue a Notice to Proceed. The Contractor must not commence

services under any Task Order until the Office of Procurement has issued a Purchase Order or

Blanket Purchase Order and the Contract Administrator has issued a Notice to Proceed for that

Task Order.

3.6 If there is a need to change the requirements of a specific Task Order, the modifications and

changes to the Task Order will not modify or change any part of the Contract. The Task Order

Amendment will only affect the Task Order, and the Amendment will be issued only for that

specific Task Order.

3.7 Any Task Orders assigned during, but completed after, the contractual period for executing

Task Orders must be honored in accordance with all terms, conditions, scope of services, and

costs of the Contract and Task Order until the assignment is completed and has been accepted

by the Contract Administrator.

4. ARTICLE 4: CONSULTANT’S PROFESSIONAL RESPONSIBILITY AND STANDARD OF CARE

3.8 By execution of this Contract, the Consultant represents and agrees that (a) it is an

experienced and duly licensed and registered professional architectural and/or engineering firm

having the requisite ability and skill necessary to perform all the services required of it under the

Contract in connection with the construction management of the projects having the scope and

complexity of the Projects contemplated in the Scope of Services in accordance with the

standard of care, skill, training, diligence and judgment normally provided by competent

professionals who perform work of a similar nature, at the time and in the same geographical

regions as the work described in this Contract and any Task Order; (b) it has the capabilities

and resources necessary to perform its obligations hereunder; and (c) it is familiar with all

current laws, rules and regulations that are applicable to the Projects contemplated in the

Scope of Services (such laws, rules and regulations including, but not limited to: appropriate

local ordinances, requirements of building codes of city, county, state and federal authorities

which are applicable to any Project, local utility laws, rules and regulations, and appropriate

orders and interpretations by governing public authorities of such ordinances, requirements,

laws, rules and regulations in effect at the time of commencement of the Consultant services on

each Project), and that documents prepared by the Consultant must be prepared in accordance

with, and accurately reflect and incorporate, appropriate laws, rules and regulations.

3.9 The Consultant, in consideration of the fee specified in any Task Order, conveys and agrees to

perform in connection with that Project, with the assistance of competent registered

professional staff and/or sub consultants, professional services as detailed in this Contract

and/or in the Task Order Scope of Services.

3.10 The Consultant agrees to act in a reasonable, responsive and timely manner in the

performance of all services under this Contract and any Task Order.



5. ARTICLE 5: ADDITIONAL PROVISIONS

5.1 Whenever renderings, photographs of renderings, photographs of models, photographs,

drawings, announcements, information or other illustrations of the Project are released for

public information, advertisement or publicity, appropriate and proper credit must be given to

the County and all County’s consultants involved in the project.

5.2 The headings or captions within this Contract must be deemed set forth in the manner

presented for the purposes of reference only and must not control or otherwise affect the

information set forth therein or interpretation thereof.

5.3 For the purpose of this Contract, unless the context clearly indicates otherwise, the singular

includes the plural, and the plural includes the singular.

5.4 This Contract may be executed in any number of counterparts, each of which must be deemed

an original, and the counterparts must constitute one and the same instrument, which must be

sufficient evidence by any one thereof.

6. ARTICLE 6: COUNTY RESPONSIBILITIES

6.1 The County will provide requirements for each Project.

6.2 The County will review, and approve or disapprove, documents submitted by the Consultant.

6.3 The County will furnish information and approvals requested by the Consultant.

6.4 The County will provide any available existing documentation to assist the Consultant in

performing services and the County agrees that Consultant can reasonably rely upon the

accurateness of all other provided information that the County provides under this Contract or

any Task Order.

6.5 During the term of this Contract, the County shall grant to or cause to be made available to

Consultant reasonable and necessary nonexclusive access to any location as necessary for

the purpose of allowing Consultant to perform the Services and fulfill its obligations under this

Contract. The County shall, as soon as is reasonably practicable, notify Consultant if the

County is unable to obtain necessary access within a timely manner. Should Consultant be

obstructed or delayed in the commencement, performance or completion of the Work, without

fault on its part, and without timely notice from the County, by reason of not having full access

to the location, then Consultant will be entitled to an adjustment in compensation and/or an

extension in the completion time requirements.

7. ARTICLE 7: PERFORMANCE PERIOD

7.1 Term

A. The Consultant agrees to complete the services under each Task Order in general

conformance with the number of days specified in the Task Order.



B. Each Task Order and its Phases or Activities is a separable and distinct part of this Contract. The Consultant assignment shall be limited at any one time to those Phases or Activities for which the Office of Procurement has issued a purchase order and the Contract Administrator has issued a Notice to Proceed. The continuation of a Project will be subject to the availability of funds and the needs of the County as determined in the Capital Improvements Program or Operating Budget Program. The County reserves the right to terminate the Contract or any and all individual Task Orders after any activity, at no additional expense to the County. Nothing herein is a limitation on the County's ability to terminate for convenience as specified in the General Conditions of Contract between County and Contractor.

C. Upon signature by the Director, Office of Procurement, and ends after a two (2) year

period. Before this two-year period ends, the Director, at his/her sole option, may (but

is not required to) renew the Contract for three (3) additional periods of one (1) year

each if the Director determines that renewal is in the best interest of the County. The

Consultant's satisfactory performance does not guarantee renewal of the Contract.

No new Task Orders may be issued under the Contract after the two (2) year period

and the additional renewal periods (if any) have elapsed without prior written approval

by the Director.

D. The Contract Term ends upon the later of the following two dates: 1) the end of the

two-year period plus any optional renewal periods as described above; or 2) when the

last Project for which a Task Order has been issued under the Contract achieves Final

Completion (as defined in the General Conditions of Construction Contract).

7.2 Price Adjustments (For hourly rates listed in Exhibit 5)

A. Prices quoted are firm for a period of two (2) years after execution of the contract. Any

request for a price adjustment after this two-year period is subject to the following: a. Approval or rejection by the Director, Office of Procurement or designee. b. Submission in writing to the Director, Office of Procurement and accompanied by

supporting documentation justifying the Consultant’s request. A request for any price adjustment may not be approved unless the Consultant submits to the County sufficient justification to support that the Consultant’s request is based on its net increase in costs in delivering the goods/services under the contract.

c. Submission within sixty (60) days prior to contract expiration date, if the contract is being amended.

d. The County will not approve a price adjustment request that exceeds the amount of the annual percentage change of the Consumer Price Index (CPI) for the twelve-month period immediately prior to the date of the request. The request must be based upon the CPI for all urban consumers issued for the Washington-Baltimore, DC-MD-VA-WV Metropolitan area by the United States Department of Labor, Bureau of Labor Statistics for ALL ITEMS.

e. The County will approve only one price adjustment for each contract year. f. The price adjustment, including its effective date, must be incorporated into a written

contract amendment. Notwithstanding the above, when a Project is delayed by the County, through no fault of the Consultant, for a period greater than one (1) year, upon restart of the project the Consultant may submit a price adjustment request for the percentage change in the CPI (as described above) for the full period of the delay incurred, subject to approval by the Director, Office of



Procurement or designee. If approved, the price adjustment will apply only to the Task Order for the delayed Project.

8. ARTICLE 8: COMPENSATION

8.1 Basic Services Compensation

A. The Consultant will be paid on a monthly basis within 30 days of submission of an acceptable

and proper invoice approved by the County.

8.2 Additional Services Compensation

A. The County will compensate the Consultant for pre-approved Additional Services performed in

accordance with the terms, conditions and scope of services of this Contract and any Task Order awarded to the Consultant.

B. With respect to any Additional Services, as described in the Contract performed by the Consultant, the Consultant must propose a lump sum (not-to-exceed) fee adjustment, broken down by the hourly rates, disciplines and labor categories as described in Exhibit 5. Upon agreement concerning the additional scope and cost, the County will issue a purchase order and a Notice to Proceed for the Additional Services. The lump sum fee will be fixed for the duration of the Task Order. The Consultant must not commence any Additional Services until a purchase order has been issued by the Office of Procurement for those Additional Services and a Notice to Proceed has been issued by the Contract Administrator.

C. Payments for Additional Services will be made monthly in proportion to the percentage completion of the Additional Services and upon acceptance and approval by the County of the Consultant 's statement of services, fully supported by invoices, timecards, and other documentation as requested by the County.

9. ARTICLE 9: CONTRACT ADMINISTRATOR

9.1 Authority The Director, Office of Procurement, is the Contracting Officer. Therefore, the Director must

approve amendments, modifications, or changes to the terms, conditions, or Minority, Female, Disabled Person Subcontractor Performance Plans in writing.

9.2 Contract Administrator The Contract Administrator for this Contract is:

Hamid Omidvar, AIA, Chief Division of Building Design and Construction Department of General Services 101 Monroe St., 11th Floor Rockville, MD 20850-2540 (240) 777-6126

A. The Contract Administrator’s duties include, but are not limited to, those described in Paragraph 6, Contract Administration, of the General Conditions of Contract Between County and Contractor.



B. The Contract Administrator may delegate specific contract administration authorities and duties for a Project to an individual who will be identified in the Task Order for that Project (Contract Administrator’s “Designee”).

9.3 Notices

Any legal notice required by the Contract or other legal communications to either party by the other

must be in writing and deemed given when delivered personally or when deposited in the United States Post Office, first class, postage prepaid, addressed as follows, or to such other address as must be duly given by notice meeting the requirement of this Article.

To County:

Hamid Omidvar, AIA, Chief Division of Building Design and Construction Department of General Services 101 Monroe St., 11th Floor Rockville, MD 20850-2540

To Consultant: Name Firm Name Street Address City, State, Zip

10. ARTICLE 10: ETHICS

10.1 As a result of being awarded this Contract, the successful Contractor may be ineligible for the award of related contracts. Montgomery County Code Sections 11B-52 (b) and (c) state.

10.2 A contractor providing an analysis or recommendation to the County concerning a particular

matter must not, without first obtaining the written consent of the Chief Administrative Officer:

A. Assist (a) another party in the matter; or (b) another person if the person has a direct and substantial interest in the matter; or

B. Seek or obtain an economic benefit from the matter in addition to payment to the contractor

by the County.

11. ARTICLE 11: PRIORITY OF DOCUMENTS

The following documents are incorporated by reference into and made a part of this Contract and are listed in the following order of legal precedence in the event of a conflict in their terms: 1. This Contract; 2. General Conditions of Contract Between County and Contractor (Exhibit 1) and Mandatory

Insurance Requirements (Exhibit 3) which supersede Paragraph 21 of General Conditions of Contract Between County and Contractor;

3. Supplemental General Conditions of Contract, if any (Exhibit 2);



4. Minority Owned Business Addendum to the General Conditions of Contract Between County and Contractor and its companion document entitled “Minority, Female, Disabled Person Subcontractor Performance Plan”;

5. Wage Requirements for Services Contract Addendum to the General Conditions of Contract Between County and Contractor and its companion documents entitled “Wage Requirements Certification” and “501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form”;

6. Hourly Rates (Exhibit 5); 7. List of Professional Staff Required (Exhibit 4) 8. General Scope of Work (Exhibit 7) 9. Task Order (Exhibit 8) 10. The RFP




This Contract No. 1111792X is effective on the date of execution by the Director, Office of Procurement. CONSULTANT

MONTGOMERY COUNTY, MARYLAND

FIRM NAME:

Printed Name: By: Avinash G. Shetty,

Title:

Director Office of Procurement

Signature:

Signature:

Date:

Date:

RECOMMENDED BY:

Name: Hamid Omidvar, AIA Title:

Chief, Division of Building Design and Construction Department of General Services

Signature:

Date:

APPROVED AS TO FORM AND LEGALITY BY THE OFFICE OF THE COUNTY ATTORNEY

Name: Trevor Ashbarry Title:

Chief, Division of Finance & Procurement Office of County Attorney

Signature:

Date:



EXHIBIT 1: GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR

PMD-45, Revised 04/01/2010 1. ACCOUNTING SYSTEM AND AUDIT, ACCURATE INFORMATION The contractor certifies that all information the contractor has provided or will provide to the County is true and correct and can be relied upon by the County in awarding, modifying, making payments, or taking any other action with respect to this contract including resolving claims and disputes. Any false or misleading information is a ground for the County to terminate this contract for cause and to pursue any other appropriate remedy. The contractor certifies that the contractor's accounting system conforms with generally accepted accounting principles, is sufficient to comply with the contract's budgetary and financial obligations, and is sufficient to produce reliable financial information. The County may examine the contractor's and any first-tier subcontractor's records to determine and verify compliance with the contract and to resolve or decide any claim or dispute arising under this contract. The contractor and any first-tier subcontractor must grant the County access to these records at all reasonable times during the contract term and for 3 years after final payment. If the contract is supported to any extent with federal or state funds, the appropriate federal or state authorities may also examine these records. The contractor must include the preceding language of this paragraph in all first-tier subcontracts. 2. AMERICANS WITH DISABILITIES ACT The contractor agrees to comply with the nondiscrimination requirements of Titles II and III, and other provisions, of the Americans with Disabilities Act of 1990, Pub. Law 101-336, and ADA Amendments Act of 2008, Pub. Law 110-325, as amended, currently found at 42 U.S.C., § 12101, et seq., and 47 U.S.C., ch. 5. 3. APPLICABLE LAWS This contract must be construed in accordance with the laws and regulations of Maryland and Montgomery County. The Montgomery County Procurement Regulations are incorporated by reference into, and made a part of, this contract. In the case of any inconsistency between this contract and the Procurement Regulations, the Procurement Regulations govern. The contractor must, without additional cost to the County, pay any necessary fees and charges, obtain any necessary licenses and permits, and comply with applicable federal, state and local laws, codes and regulations. For purposes of litigation involving this contract, except for contract Disputes discussed in paragraph 8 below, exclusive venue and jurisdiction must be in the Circuit Court for Montgomery County, Maryland or in the District Court of Maryland for Montgomery County. The prevailing wage law (County Code §11B-33C) applies to construction contracts. Specifically, under County law, a County financed construction contract is subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements is contained within this solicitation/contract (see the provision entitled “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor”). Furthermore, certain non-profit and governmental entities may purchase supplies and services, similar in scope of work and compensation amounts provided for in a County contract, using their own contract and procurement laws and regulations, pursuant to the Md. State Finance and Procurement Article, Section 13-101, et. seq. Contractor and all of its subcontractors must comply with the provisions of County Code §11B-35A and must not retaliate against a covered employee who discloses an illegal or improper action described in §11B-35A. Furthermore, an aggrieved covered employee under §11B-35A is a third-party beneficiary under this Contract, who may by civil action recover compensatory damages including interest and reasonable attorney’s fees, against the contractor or one of its subcontractors for retaliation in violation of that Section. Contractor and all of its subcontractors must provide the same benefits to an employee with a domestic partner as provided to an employee with a spouse, in accordance with County Code §11B-33D. An aggrieved employee is a third-party beneficiary who may, by civil action, recover the cash equivalent of any benefit denied in violation of §11B-33D or other compensable damages. The contractor agrees to comply with the requirements of the Displaced Service Workers Protection Act, which appears in County Code, Chapter 27, Human Rights and Civil Liberties, Article X, Displaced Service Workers Protection Act, §§ 27-64 through 27-66. 4. ASSIGNMENTS AND SUBCONTRACTS The contractor must not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Director, Office of Procurement. Unless performance is separately and expressly waived in writing by the Director, Office of Procurement, an assignment does not release the contractor from responsibility for performance of this contract. Unless otherwise provided in the contract, the contractor may not contract with any other party for furnishing any of the materials or services herein contracted for without the written approval of the Director, Office of Procurement. Any subcontract for any work hereunder must comport with the terms of this Contract and County law, and must include any other terms and conditions that the County deems necessary to protect its interests. 5. CHANGES The Director, Office of Procurement, may unilaterally change the work, materials and services to be performed. The change must be in writing and within the general scope of the contract. The contract will be modified to reflect any time or money adjustment the contractor is entitled to receive. Contractor must bring to the Contract Administrator, in writing, any claim about an adjustment in time or money resulting from a change, within 30 days from the date the Director, Office of Procurement, issued the change in work, or the claim is waived. Any failure to agree upon a time or money adjustment must be resolved under the "Disputes" clause of this contract. The contractor must proceed with the prosecution of the work as changed, even if there is an unresolved claim. No charge for any extra work, time or material will be allowed, except as provided in this section. 6. CONTRACT ADMINISTRATION



A. The contract administrator, subject to paragraph B below, is the Department representative designated by the Director, Office of Procurement, in writing and is authorized to: (1) serve as liaison between the County and the contractor; (2) give direction to the contractor to ensure satisfactory and complete performance; (3) monitor and inspect the contractor's performance to ensure acceptable timeliness and quality; (4) serve as records custodian for this contract, including wage and prevailing wage requirements; (5) accept or reject the contractor's performance; (6) furnish timely written notice of the contractor's performance failures to the Director, Office of Procurement, and to the County

Attorney, as appropriate; (7) prepare required reports; (8) approve or reject invoices for payment; (9) recommend contract modifications or terminations to the Director, Office of Procurement; (10) issue notices to proceed; and (11) monitor and verify compliance with any MFD Performance Plan.

B. The contract administrator is NOT authorized to make determinations (as opposed to recommendations) that alter, modify, terminate or cancel the contract, interpret ambiguities in contract language, or waive the County's contractual rights.

7. COST & PRICING DATA Chapter 11B of the County Code and the Montgomery County Procurement Regulations require that cost & pricing data be obtained from proposed awardees/contractors in certain situations. The contractor guarantees that any cost & pricing data provided to the County will be accurate and complete. The contractor grants the Director, Office of Procurement, access to all books, records, documents, and other supporting data in order to permit adequate evaluation of the contractor's proposed price(s). The contractor also agrees that the price to the County, including profit or fee, may, at the option of the County, be reduced to the extent that the price was based on inaccurate, incomplete, or noncurrent data supplied by the contractor. 8. DISPUTES Any dispute arising under this contract that is not disposed of by agreement must be decided under the Montgomery County Code and the Montgomery County Procurement Regulations. Pending final resolution of a dispute, the Contractor must proceed diligently with contract performance. Subject to subsequent revocation or alteration by the Director, Office of Procurement, the head of the County department, office or agency ("Department Head") of the contract administrator is the designee of the Director, Office of Procurement, for the purpose of dispute resolution. The Department Head, or his/her designee, must forward to the Director, Office of Procurement, a copy of any written resolution of a dispute. The Department Head may delegate this responsibility to another person (other than the contract administrator). A contractor must notify the contract administrator of a claim in writing and must attempt to resolve a claim with the contract administrator prior to filing a dispute with the Director, Office of Procurement or designee. The contractor waives any dispute or claim not made in writing and received by the Director, Office of Procurement, within 30 days of the event giving rise to the dispute or claim, whether or not the contract administrator has responded to a written notice of claim or resolved the claim. The Director, Office of Procurement, must dismiss a dispute that is not timely filed. A dispute must be in writing, for specific relief, and any requested relief must be fully supported by affidavit of all relevant calculations, including cost and pricing information, records, and other information. At the County's option, the contractor agrees to be made a party to any related dispute involving another contractor. 9. DOCUMENTS, MATERIALS, AND DATA All documents materials or data developed as a result of this contract are the County's property. The County has the right to use and reproduce any documents, materials, and data, including confidential information, used in the performance of, or developed as a result of, this contract. The County may use this information for its own purposes, including reporting to state and federal agencies. The contractor warrants that it has title to or right of use of all documents, materials or data used or developed in connection with this contract. The contractor must keep confidential all documents, materials, and data prepared or developed by the contractor or supplied by the County. 10. DURATION OF OBLIGATION The contractor agrees that all of contractor's obligations and warranties, including all requirements imposed by the Minority Owned Business Addendum to these General Conditions, if any, which directly or indirectly are intended by their nature or by implication to survive contractor performance, do survive the completion of performance, termination for default, termination for convenience, or termination by mutual consent of the contract. 11. ENTIRE AGREEMENT There are no promises, terms, conditions, or obligations other than those contained in this contract. This contract supersedes all communications, representations, or agreements, either verbal or written, between the parties hereto, with the exception of express warranties given to induce the County to enter into the contract. 12. ETHICS REQUIREMENTS/POLITICAL CONTRIBUTIONS The contractor must comply with the ethics provisions contained in Chapters 11B and 19A, Montgomery County Code, which include the following:

(a) a prohibition against making or offering to make certain gifts. Section 11B-51(a). (b) a prohibition against kickbacks. Section 11B-51(b). (c) a prohibition against a person engaged in a procurement from employing or offering to employ a public employee. Section 11B-52 (a). (d) a prohibition against a contractor that is providing a recommendation to the County from assisting another party or seeking to obtain an

economic benefit beyond payment under the contract. Section 11B-52 (b). (e) a restriction on the use of confidential information obtained in performing a contract. Section 11B-52 (c). (f) a prohibition against contingent fees. Section 11B-53.

Furthermore, the contractor specifically agrees to comply with Sections 11B-51, 11B-52, 11B-53, 19A-12, and/or 19A-13 of the Montgomery County Code. In addition, the contractor must comply with the political contribution reporting requirements currently codified under the Election Law at Md. Code Ann., Title 14. 13. GUARANTEE



A. Contractor guarantees for one year from acceptance, or for a longer period that is otherwise expressly stated in the County’s written solicitation, all goods, services, and construction offered, including those used in the course of providing the goods, services, and/or construction. This includes a guarantee that all products offered (or used in the installation of those products) carry a guarantee against any and all defects for a minimum period of one year from acceptance, or for a longer period stated in the County’s written solicitation. The contractor must correct any and all defects in material and/or workmanship that may appear during the guarantee period, or any defects that occur within one (1) year of acceptance even if discovered more than one (1) year after acceptance, by repairing, (or replacing with new items or new materials, if necessary) any such defect at no cost to the County and to the County’s satisfaction.

B. Should a manufacturer's or service provider’s warranty or guarantee exceed the requirements stated above, that guarantee or

warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider’s warranties must be provided upon request.

C. All warranties and guarantees must be in effect from the date of acceptance by the County of the goods, services, or construction. D. The contractor guarantees that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply

with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.

E. Goods and materials provided under this contract must be of first quality, latest model and of current manufacture, and must not be of

such age or so deteriorated as to impair their usefulness or safety. Items that are used, rebuilt, or demonstrator models are unacceptable, unless specifically requested by the County in the Specifications.

14. HAZARDOUS AND TOXIC SUBSTANCES Manufacturers and distributors are required by federal "Hazard Communication” provisions (29 CFR 1910.1200), and the Maryland "Access to Information About Hazardous and Toxic Substances" Law, to label each hazardous material or chemical container, and to provide Material Safety Data Sheets to the purchaser. The contractor must comply with these laws and must provide the County with copies of all relevant documents, including Material Safety Data Sheets, prior to performance of work or contemporaneous with delivery of goods. 15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE In addition to the provisions stated above in Section 3. “Applicable Laws,” contractor must comply with all requirements in the federal Health Insurance Portability and Accountability Act (HIPAA), to the extent that HIPAA is applicable to this contract. Furthermore, contractor must enter into the County’s standard Business Associate Agreement or Qualified Service Organization Agreement when contractor or the County, as part of this contract, may use or disclose to one another, to the individual whose health information is at issue, or to a third-party, any protected health information that is obtained from, provided to, made available to, or created by, or for, the contractor or the County. 16. IMMIGRATION REFORM AND CONTROL ACT The contractor warrants that both the contractor and its subcontractors do not, and shall not, hire, recruit or refer for a fee, for employment under this contract or any subcontract, an alien while knowing the alien is an unauthorized alien, or any individual without complying with the requirements of the federal Immigration and Nationality laws, including any verification and record keeping requirements. The contractor further assures the County that, in accordance with those laws, it does not, and will not, discriminate against an individual with respect to hiring, recruitment, or referral for a fee, of an individual for employment or the discharge of an individual from employment, because of the individual's national origin or, in the case of a citizen or prospective citizen, because of the individual's citizenship status. 17. INCONSISTENT PROVISIONS Notwithstanding any provisions to the contrary in any contract terms or conditions supplied by the contractor, this General Conditions of Contract document supersedes the contractor's terms and conditions, in the event of any inconsistency. 18. INDEMNIFICATION The contractor is responsible for any loss, personal injury, death and any other damage (including incidental and consequential) that may be done or suffered by reason of the contractor's negligence or failure to perform any contractual obligations. The contractor must indemnify and save the County harmless from any loss, cost, damage and other expenses, including attorney's fees and litigation expenses, suffered or incurred due to the contractor's negligence or failure to perform any of its contractual obligations. If requested by the County, the contractor must defend the County in any action or suit brought against the County arising out of the contractor's negligence, errors, acts or omissions under this contract. The negligence of any agent, subcontractor or employee of the contractor is deemed to be the negligence of the contractor. For the purposes of this paragraph, County includes its boards, agencies, agents, officials and employees. 19. INDEPENDENT CONTRACTOR The contractor is an independent contractor. The contractor and the contractor's employees or agents are not agents of the County. 20. INSPECTIONS The County has the right to monitor, inspect and evaluate or test all supplies, goods, services, or construction called for by the contract at all reasonable places (including the contractor's place of business) and times (including the period of preparation or manufacture). 21. INSURANCE Prior to contract execution by the County, the proposed awardee/contractor must obtain at its own cost and expense the minimum insurance specified in the applicable table (See Tables A and B) or attachment to these General Conditions, with one or more insurance company(s) licensed or qualified to do business in the State of Maryland and acceptable to the County’s Division of Risk Management. The minimum limits of coverage listed shall not be construed as the maximum as required by contract or as a limitation of any potential liability on the part of the proposed awardee/contractor to the County, nor shall failure by the County to request evidence of this insurance in any way be construed as a waiver of proposed awardee/contractor’s obligation to provide the insurance coverage specified. Contractor must keep this insurance in full force and effect during the term of this contract, including all extensions. Unless expressly provided otherwise, Table A is applicable to this contract. The insurance must be evidenced by one or more Certificate(s) of Insurance and, if requested by the County, the proposed



awardee/contractor must provide a copy of any and all insurance policies to the County. At a minimum, the proposed awardee/contractor must submit to the Director, Office of Procurement, one or more Certificate(s) of Insurance prior to award of this contract, and prior to any contract modification extending the term of the contract, as evidence of compliance with this provision. The contractor’s insurance must be primary. Montgomery County, MD, including its officials, employees, agents, boards, and agencies, must be named as an additional insured on all liability policies. Contractor must provide to the County at least 30 days written notice of a cancellation of, or a material change to, an insurance policy. In no event may the insurance coverage be less than that shown on the applicable table, attachment, or contract provision for required insurance. After consultation with the Department of Finance, Division of Risk Management, the Director, Office of Procurement, may waive the requirements of this section, in whole or in part. Please disregard TABLE A. and TABLE B., if they are replaced by the insurance requirements as stated in an attachment to these General Conditions of Contract between County and Contractor.

TABLE A. INSURANCE REQUIREMENTS (See Paragraph #21 under the General Conditions of Contract

between County and Contractor)

CONTRACT DOLLAR VALUES (IN $1,000’s) Over Up to 50 Up to 100 Up to 1,000 1,000 Workers Compensation (for contractors with employees) Bodily Injury by Accident (each) 100 100 100 See Disease (policy limits) 500 500 500 Attachment Disease (each employee) 100 100 100 Commercial General Liability 300 500 1,000 See for bodily injury and property Attachment damage per occurrence, including contractual liability, premises and operations, and independent contractors Minimum Automobile Liability (including owned, hired and non owned automobiles) Bodily Injury each person 100 250 500 See each occurrence 300 500 1,000 Attachment Property Damage each occurrence 300 300 300 Professional Liability* 250 500 1,000 See for errors, omissions Attachment and negligent acts, per claim and aggregate, with one year discovery period and maximum deductible of $25,000 Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement 255 Rockville Pike, Suite 180 Rockville, Maryland 20850 4166 *Professional services contracts only

(Remainder of Page Intentionally Left Blank)



TABLE B. INSURANCE REQUIREMENTS (See Paragraph #21 under the General Conditions of Contract

between County and Contractor)

Up to 50 Up to 100 Up to 1,000 1,000 Commercial General 300 500 1,000 See Liability minimum Attachment combined single limit for bodily injury and property damage per occurrence, including contractual liability, premises and operations, independent contractors, and product liability Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement 255 Rockville Pike, Suite 180 Rockville, Maryland 20850 4166

(Remainder of Page Intentionally Left Blank)



22. INTELLECTUAL PROPERTY APPROVAL AND INDEMNIFICATION - INFRINGEMENT If contractor will be preparing, displaying, publicly performing, reproducing, or otherwise using, in any manner or form, any information, document, or material that is subject to a copyright, trademark, patent, or other property or privacy right, then contractor must: obtain all necessary licenses, authorizations, and approvals related to its use; include the County in any approval, authorization, or license related to its use; and indemnify and hold harmless the County related to contractor’s alleged infringing or otherwise improper or unauthorized use. Accordingly, the contractor must protect, indemnify, and hold harmless the County from and against all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses, suits, or actions, and attorneys’ fees and the costs of the defense of the County, in any suit, including appeals, based upon or arising out of any allegation of infringement, violation, unauthorized use, or conversion of any patent, copyright, trademark or trade name, license, proprietary right, or other related property or privacy interest in connection with, or as a result of, this contract or the performance by the contractor of any of its activities or obligations under this contract. 23. NON-CONVICTION OF BRIBERY The contractor hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners or employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery, or conspiracy to bribe under any federal, state, or local law. 24. NON-DISCRIMINATION IN EMPLOYMENT The contractor agrees to comply with the non-discrimination in employment policies and/ or provisions prohibiting unlawful employment practices in County contracts as required by Section 11B 33 and Section 27 19 of the Montgomery County Code, as well as all other applicable state and federal laws and regulations regarding employment discrimination. The contractor assures the County that, in accordance with applicable law, it does not, and agrees that it will not, discriminate in any manner on the basis of race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, or sexual orientation. The contractor must bind its subcontractors to the provisions of this section. 25. PAYMENT AUTHORITY No payment by the County may be made, or is due, under this contract, unless funds for the payment have been appropriated and encumbered by the County. Under no circumstances will the County pay the contractor for legal fees. The contractor must not proceed to perform any work (provide goods, services, or construction) prior to receiving written confirmation that the County has appropriated and encumbered funds for that work. If the contractor fails to obtain this verification from the Office of Procurement prior to performing work, the County has no obligation to pay the contractor for the work. If this contract provides for an additional contract term for contractor performance beyond its initial term, continuation of contractor’s performance under this contract beyond the initial term is contingent upon, and subject to, the appropriation of funds and encumbrance of those appropriated funds for payments under this contract. If funds are not appropriated and encumbered to support continued contractor performance in a subsequent fiscal period, contractor’s performance must end without further notice from, or cost to, the County. The contractor acknowledges that the County Executive has no obligation to recommend, and the County Council has no obligation to appropriate, funds for this contract in subsequent fiscal years. Furthermore, the County has no obligation to encumber funds to this contract in subsequent fiscal years, even if appropriated funds may be available. Accordingly, for each subsequent contract term, the contractor must not undertake any performance under this contract until the contractor receives a purchase order or contract amendment from the County that authorizes the contractor to perform work for the next contract term. 26. P-CARD OR SUA PAYMENT METHODS The County is expressly permitted to pay the vendor for any or all goods, services, or construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment. 27. PERSONAL PROPERTY All furniture, office equipment, equipment, vehicles, and other similar types of personal property specified in the contract, and purchased with funds provided under the contract, become the property of the County upon the end of the contract term, or upon termination or expiration of this contract, unless expressly stated otherwise. 28. PROTECTION OF PERSONAL INFORMATION BY GOVERNMENT AGENCIES In any contract under which Contractor is to perform services and the County may disclose to Contractor personal information about an individual, as defined by State law, Contractor must implement and maintain reasonable security procedures and practices that: (a) are appropriate to the nature of the personal information disclosed to the Contractor; and (b) are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction. Contractor’s requirement to implement and maintain reasonable security practices and procedures must include requiring any third-party to whom it discloses personal information that was originally disclosed to Contractor by the County to also implement and maintain reasonable security practices and procedures related to protecting the personal information. Contractor must notify the County of a breach of the security of a system if the unauthorized acquisition of an individual’s personal information has occurred or is reasonably likely to occur, and also must share with the County all information related to the breach. Contractor must provide the above notification to the County as soon as reasonably practicable after Contractor discovers or is notified of the breach of the security of a system. Md. Code Ann., State Gov’t. § 10-1301 through 10-1308 (2013). 29. TERMINATION FOR DEFAULT The Director, Office of Procurement, may terminate the contract in whole or in part, and from time to time, whenever the Director, Office of Procurement, determines that the contractor is: (a) defaulting in performance or is not complying with any provision of this contract; (b) failing to make satisfactory progress in the prosecution of the contract; or (c) endangering the performance of this contract.



The Director, Office of Procurement, will provide the contractor with a written notice to cure the default. The termination for default is effective on the date specified in the County’s written notice. However, if the County determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the County may terminate the contract immediately upon issuing oral or written notice to the contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or the contract, the contractor must compensate the County for additional costs that foreseeably would be incurred by the County, whether the costs are actually incurred or not, to obtain substitute performance. A termination for default is a termination for convenience if the termination for default is later found to be without justification. 30. TERMINATION FOR CONVENIENCE This contract may be terminated by the County, in whole or in part, upon written notice to the contractor, when the County determines this to be in its best interest. The termination for convenience is effective on the date specified in the County’s written notice. Termination for convenience may entitle the contractor to payment for reasonable costs allocable to the contract for work or costs incurred by the contractor up to the date of termination. The contractor must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under the contract. 31. TIME Time is of the essence. 32. WORK UNDER THE CONTRACT Contractor must not commence work under this contract until all conditions for commencement are met, including execution of the contract by both parties, compliance with insurance requirements, encumbrance of funds, and issuance of any required notice to proceed. 33. WORKPLACE SAFETY The contractor must ensure adequate health and safety training and/or certification, and must comply with applicable federal, state and local Occupational Safety and Health laws and regulations. THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY.

END OF EXHIBIT 1



EXHIBIT 2: SUPPLEMENTAL GENERAL CONDITIONS OF CONTRACT

The “General Conditions of Contract Between County and Contractor” are modified as follows:

2. ARTICLE 8. DISPUTES Replace the Article in its entirety with the following:

ARTICLE 8. DISPUTES Any dispute by Contractor arising under this Contract that is not disposed of by agreement must be decided under the Montgomery County Code and the Montgomery County Procurement Regulations. Pending final resolution of a dispute, the Contractor must proceed diligently with contract performance. The Director, Department of General Services, is the Director responsible for the purposes of dispute resolution. A Contractor must notify, in writing, the Contract Administrator of a claim, and must attempt to resolve the claim with the Contract Administrator prior to filing a dispute with the Director, Department of General Services. The Contractor waives any dispute not made in writing and received by the Director, Department of General Services, within 30 days of the event giving rise to the dispute, whether or not the Contract Administrator has responded to a written notice of claim or resolved the claim. The Director, Department of General Services, must dismiss a dispute that is not timely filed. A dispute must be in writing, for specific relief, and any requested relief must be fully supported by affidavit of all relevant calculations, including cost and pricing information, records, and other information. At the County's option, the Contractor agrees to be made a party to any related dispute involving another contractor.

3. ARTICLE 9. DOCUMENTS, MATERIALS AND DATA Add the following to the end of the last sentence:

Any reuse by the County on another Project shall be at the risk of the County without liability or legal exposure to the A/E; however, the A/E reserves the right to remove its seal. In case of any dispute regarding the payments, schedule/delay or scope of the work, the A/E must not withhold design documents or suspend the work. Such withholding or suspension of work may constitute a violation of the terms of the Contract, and the A/E may be held responsible for the damages as a result of delays or costs incurred during the suspension period. In such cases, the Owner may contact the A/E’s insurance carrier for compensation.

4. ARTICLE 13. GUARANTEE is deleted in its entirety. 5. ARTICLE 21. INSURANCE

Delete the eighth sentence, which reads: ‘Montgomery County, MD, including its officials, employees, agents, boards, and agencies, must be named as an additional insured on all liability policies.’ and replace with the following: ‘Montgomery County, MD, including its officials, employees, agents, boards, and agencies, must be named as an additional insured on commercial general liability and automobile policies.’

5. ARTICLE 29. TERMINATION FOR DEFAULT

Add the following to the end of the last sentence: The Parties acknowledge that all drawings, specifications, calculations, computer-aided design and drafting files, documents and materials (the “Drawings”) are owned by the County. In the event of termination, the A/E must immediately return the Drawings to the County to prevent further delay and to minimize additional damages to the County. The Drawings must be maintained by the A/E and returned to the County in good condition without alteration.



The payment of any sums by the County under this Article shall not constitute a waiver of any claims for damages by the County for any breach of the Contract by the A/E.

6. ARTICLE 34. OWNER’S RIGHT TO SUSPEND WORK FOR CONVENIENCE is added to the General Conditions of Contract Between County and Contractor as follows: ARTICLE 34. OWNER’S RIGHT TO SUSPEND WORK FOR CONVENIENCE The Owner may, without cause and for its convenience, order the Contractor in writing to suspend, delay or interrupt the work under any Task Order in whole or in part for such period of time as the Owner may determine, subject to an appropriate adjustment to the Master Schedule. The Contractor will be entitled to request an adjustment to the Basic Services fee for any such suspension, delay or interruption lasting more than 120 calendar days. The Contractor is not entitled to any compensation for profit or overhead for any adjustment that is made in the Basic Services Compensation or to the Master Schedule. If the Contractor disagrees with any adjustment that is made to the Basic Services Compensation or to the Master Schedule, the Contractor must file a claim as provided in Article 8 or the same will be deemed to be conclusively waived.

END OF EXHIBIT 2



EXHIBIT 4: LIST OF PROFESSIONAL STAFF REQUIRED Following Professional staff may be required on projects:

1. Contract Manager/Management Oversight 2. Construction Manager I 3. Construction Manager II 4. Inspector I 5. Inspector II 6. Inspector III 7. Design Constructability Review Consultant 8. Document Controls Specialist 9. Facility Condition Assessment Consultant 10. Post Construction Facility Assessment / Measurement and Verification Specialist 11. Technology Support Specialist/Advisory 12. Technology Advisor 13. Risk Management Consultant 14. Scheduler Jr. 15. Scheduler Sr. 16. Cost Estimator Jr. 17. Cost Estimator Sr. 18. Value Management Consultant 19. Administrative Assistant 20. Asset Management Consultant 21. Claims Analyst 22. Independent Commissioning Professional

1. If an Architect, Engineer or Land Surveyor is used as part of the scope of work, they must be

licensed in the State of Maryland. Following are position discretion for the professional staff:

Position Descriptions / Responsibilities

1. Contract Manager / Management Oversight

1.1. Provide overall team management support, disseminate data, monitor costs, and ensure work is produced and submitted within the approved time frame and budget. Development of a work plan (work breakdown structure), staffing plan, submittal schedules, invoices, progress reports, document and data control, and management of sub-Consultant(s) as applicable.

1.2. Collaborate and consult with design engineers, County project team, and construction contractor as appropriate.

2. Construction Manager I

2.1. Assist and support in preparing contract changes and project closeout documentation. Input data into Contract Management.

2.2. Assist and support in negotiating change orders. 2.3. Assist and support to the Construction Relations team, as necessary, including coordination or

production of notices or other communications for public dissemination. Periodic participation



in community meetings and events. Assist and support exploring the mitigation of construction impacts. Assist and support coordinating with contractor and other parties on project related issues and activities.

2.4. Provides overall assistance to the Construction Manager 2.5. Assists with oversight of progress of construction 2.6. Assists in coordinating and monitoring activities of contractors/subcontractors, engineers,

architects, inspectors, and 2.7. related agencies having jurisdiction 2.8. Assists Construction Manager in managing project controls (submittals, RFI’s PCO’s, CO’s),

cost accounting support, schedule update reviews, performance activities, and procedures or as required by the client

2.9. Conducts project meetings and provide meeting minutes, documentation, administration, and tracking of relevant information

2.10. Assist in maintenance of project teams’ calendars 2.11. Assist with monthly project reporting updates 2.12. Verifies contractors, architects, and engineers will adhere to contractual requirements on

areas of safety, performance, project staff, and equipment 2.13. Assists in providing management of project logistics, organization and safety 2.14. Completes project closeout to obtain guarantees, warranties, and related provisions for

turnover to the owner

3. Construction Manager II 3.1. The Construction Manager must be on-site whenever any construction activities are being

performed. 3.2. Shall be responsible to manage workmanship inspections, implement quality planning,

oversee the contractor’s construction quality control. 3.3. Coordinate the interface between the Project and adjoining contracts, adjoining utility systems,

and follow-on systems. Contracts shall be checked for appropriateness and to assure no duplication of work between contractors and no scope left unassigned to a contractor.

3.4. Monitor contractors’ work for compliance to schedule, Budget, Technical Specifications, Legal Requirements, and local and federal regulations. Resolve design and field construction problems. Attend progress meetings and reports on project status. Expedite design and field changes. Review contractor requests for change and, when appropriate, assist in the preparation of contract change orders/modifications. Assist the County Project Manager in the negotiation contract changes. Communicate and verify implementation of safety rules, policies, and procedures in support of Montgomery County’s safety vision and goals to contractors and subordinate personnel.

3.5. Assists with the coordination, reconciliation and integration of functional schedules to create the project control schedule.

3.6. Prepare project master schedules, budgets and cost estimates. Monitor project schedule(s) and alerting project team to potential problem areas.

3.7. Review schedules analyze critical path updates, schedule progress, evaluate schedule options, communicates schedule status to the project manager, client, consultants and others.

3.8. Build detailed engineering cost reports, change notices and other cost control tools. 3.9. Monitor subcontractor adherence to safety standards. 3.10. Prepare detailed material, labor and equipment cost estimates for design development

documents, bid documents and change orders 3.11. Estimate and negotiate change orders 3.12. Evaluate RFI’s submittals and Field Memos for cost impact

4. Quality Controller - Inspector I

4.1. Inspect and document construction activities as the owner’s representative 4.2. Fully understand the contract drawings and specifications



4.3. Ensure all work is installed in compliance with the contract drawings and specifications 4.4. Document contractor’s daily progress and maintain field books and logs of daily activities 4.5. Identify non-conforming work, report and track deficiencies through resolution 4.6. Track and verify unit price quantities and allowance items 4.7.  Required Qualifications:

4.7.1. B.S. in Civil Engineering w/ 1 to 3+ years of experience in engineering or construction related field

4.7.2. H.S. Diploma plus 5+ years of experience in large commercial vertical construction projects.

5. Quality Controller - Inspector II

All responsibilities of Quality Controller/Inspector I plus: 5.1. Assist Senior Construction Manager with contract administration activities 5.2. Monitor record drawings, as-builts and closeout documentation 5.3.   Required Qualifications:

5.3.1. B.S. in Construction or Project Management w/ 3 to 6+ years of experience in engineering or construction related field

5.3.2. H.S. Diploma plus 7+ years of experience in large commercial vertical construction projects.

6. Quality Controller - Inspector III

All responsibilities of Quality Controller/Inspector I plus: 6.1. Track and verify unit price quantities and allowance items 6.2. Required Qualifications:

6.2.1. B.S. in Construction or Project Management w/ 6+ years of experience in engineering or construction related field

6.2.2. H.S. Diploma plus 10+ years of experience in large commercial vertical construction projects.

7. Design Constructability Review Consultant

7.1. Lead Constructability review team including discipline-specific technical staff to offer expert advice on how to best implement the project based on industry best practices.

7.2. Comments on the design professional’s deliverable identifying major errors and omissions in the progress plans

7.3. Prepares comprehensive constructability review of the design documents to assess consistency within, and between, the drawings, specifications, and other contract documents and to identify any inconsistencies between documents. Suggest revisions and/or mitigation efforts to reduce the probability of contract change orders and contractor claims. The reviews will also address construction staging; required construction techniques; alternative designs, methods and equipment; adequacy and appropriateness of materials and products specified; definition of easements and real estate requirements; and adequacy/layout of contractor storage and staging areas. Specific review and assessments will be conducted of the special conditions and provisions relating to time of completion, milestone dates, liquidated damages, LSB & MFD goals, temporary facilities and utilities, permits, and specialty items including historical landmarks, artwork, archaeology, etc.

7.4. Assist in defining and reviewing the scope of work and schedule including phasing requirements

7.5. Recommend efficient and cost- effective construction means and methods to be incorporated into the design

7.6. Review unique conditions and material transitions to ensure clear and detailed delineation 7.7. Check that materials and equipment are specified and appropriately scheduled 7.8. Check that the selected materials are available and appropriate for the anticipated work

conditions



7.9. Review the economic viability of selected materials and products 7.10. Check that adequate space is provided to permit the safe installation, service, and

maintenance of the various building components and equipment

8. Document Controls Specialist 8.1. Maintain a weekly log and filing system for project documents. 8.2. Coordinate the response to submittals, RFIs, and PCOs, and tracking in the management

tracking systems for the completion of requirements between the construction contractor and the field staff, with the Construction Manager

8.3. Coordinate the approval process for documents and contract changes; Manage and maintain the Document Control/Change Control process for all project documents; Maintain controlled distribution lists.

8.4. Interact with the PM and CM on all correspondence, organizes and prepares documentation 8.5. Attend, prepare and distribute the meeting minutes of all construction meetings as required 8.6. Set-up and maintenance of construction site files for a large complex project 8.7. Maintain electronic databases of project information for use by project team 8.8. Prepares technical and administrative reports for completing by the Construction Manager 8.9. Follow-up open issues, missing information, and take action to resolve such issues 8.10. Excellent communication skills to actively and accurately support the team and the successful

delivery of the project

9. Facility Condition Assessment Consultant

9.1. Analyze existing conditions and provide project-based scoping and recommendations where repair / maintenance is recommended

9.2. Utilize Facility Condition Index (FCI) model, and make use of the Uniformat II classification system for building elements (levels 1-3)

9.3. Provide assessments on ADA Accessibility, Environmental/HazMat, Fire and Life Safety, and Security Systems

9.4. Provide fully loaded cost estimates for repairs and maintenance tasks.

10. Post Construction Facility Assessment / Measurement and Verification Specialist 10.1. Coordinate, manage and engage in MEP Start-Up and Commissioning process. 10.2. Review contractor work regarding MEP Quality control standards. 10.3. Assist Project Manager through all project phases (planning; preconstruction, construction,

commissioning and validation) including supervision of internal staff and subcontractors. 10.4. Observe and monitor contractor team to ensure that the project is being constructed in

accordance with the approved plan and specifications. 10.5. Assist Project Manager in tracking and managing project progress to ensure that critical

project schedules and milestones are met by the Project team, General Contractor and subcontractors.

10.6. Monitor inspection personnel and on-site construction for conformance with contract requirements.

10.7. Generate detailed weekly project reports 10.8. Organize and direct internal staff and external subcontractors in accordance with project

priorities, guidelines and contractual obligations. 10.9. Ensure Health and Safety Plans are followed for all field activities and all work is completed in

accordance with Project and County health and safety guidelines.

11. Technology Support Specialist/Advisory 11.1. Provide County support and training for the BIM 360 platform 11.2. Responsible for overseeing all BIM work on selected projects, while working closely with BIM

Leadership on the development of pilot projects. 



11.3. Development and supervision of project staff and processes related to the implementation of BIM for project controls.

11.4. Coordination of processes for complete model life cycle development and functionality (3D, 4D, 5D, & 6D model development and integration).

11.5. Coordinate the review and validation of construction models (including 4D/5D contractor model submittals).

11.6. Assist project teams by providing and formatting information from virtual models throughout the lifecycle of a project, including utilization of models and visualizations for presentations and reporting construction progress.

11.7. Develop and coordinate the implementation of BIM execution plans

12. Technology Advisor 12.1. Provide County with the advice and plan and support in the new methods available in use of

technology in the building design and construction and construction management. 13. Risk Management Consultant

13.1. Manage project risk throughout project lifecycle 13.2. Evaluate bid risk 13.3. Assist with review and analysis of issues and project documentation, analyze contracts and

subcontracts to determine the responsibilities of the parties in light of disputes 13.4. Review and analyze construction schedules and claims 13.5. Visit site and investigates progress. Confirm progress is consistent with the project schedule

and other project records. 13.6. Prepare monthly status reports, review and analyze 3-week look-ahead reports and advise the

County Project Manager of potential cost and schedule impacts and inefficiencies. 13.7. Attend meetings and advise County of actual progress and related cost implications. 13.8. Assist, advise and recommended to project group on contractual matters 13.9. Identify risk assessments that shall identify and score project risks. 13.10. Organize and facilitate risk assessment workshop(s), if requested 13.11. Compile project risk information such as engineering design reports, Construction Cost

Estimate(s), Project Schedule(s). 13.12. Perform risk assessment modeling efforts and preparing reports to document Risk

Assessment findings. 13.13. Recommend and implement improvements to the Authority’s risk assessment process,

procedures and reporting efforts. 13.14. Perform risk assessment training and mentoring for stakeholders as appropriate. 13.15. Conduct risk assessment workshops and provide risk assessment report

14. Scheduler Jr.

14.1. Assist Project Managers with all cost, schedule, procurement, and contract related activities 14.2. Interface with the project team to define scope of work, budgets, and schedules, and

identification of variances from the original plan. 14.3. Support Project Controls team in development of standard project controls processes and

procedures 14.4. Manage change and keep teams aware of changes to budget, schedule, or risks 14.5. Review and analyze contractor submitted CPM baseline schedules and monthly updates. 14.6. Provide construction schedule delay analysis, evaluate and recommend recovery options 14.7. Update and maintain cost loaded Master Program Schedules based on contractor provided

schedules and cost loading 14.8. Be responsible for cost tracking and data collection to evaluate a project’s status relative to

baselines and perform variance analysis 14.9. Prepare and monitor project level and program level forecasts 14.10. Develop costs estimates and perform contractor change order reviews



14.11. Review and recommend acceptance of construction schedules during design and construction, contractors’ baseline and update schedules, supplement existing analysis and assist in evaluating any and all schedule and productivity-related issues that are associated with change orders, claims, and disputes. These issues will include concurrency of delays, acceleration, and responsibility for a delay and/or additional costs.

14.12. Develop the activities, durations and logic, project calendars, and activity coding in the suggested preliminary construction schedules based on the proposed plans, proposal and estimate provided by project designers

14.13. Review the logic and activities in Construction Contractors’ proposed baseline progress schedules for completeness and conformance with contract requirements. The Consultant must identify any issues with the schedule such as float suspension, unreasonable durations or logic ties, missing activities, improper constraints or project calendars. Provide schedule analysis services to ensure that the baseline schedule is accurate and complete and provides a working project management tool that positions the owner properly for managing the contract schedule throughout construction. The Consultant will review Construction Contractors’ weekly/bi-weekly/monthly progress schedule submissions using scheduling software to ensure integrity of the schedule, conformance of the submitted schedule to contract requirements, and that impacts to the schedule are being properly recorded with particular attention to the correct assignment of responsibility for any delays and identification of any concurrent delays. The Consultant will recommend strategies for mitigation of delays.

15. Scheduler Sr.

15.1. All duties of the Scheduler Jr. plus capability of forensic analysis of CPM schedules provided by the contractor and prepare documentation for resolving issues that may arise due to claims of delay.

16. Cost Estimator JR.

16.1. Prepare bottom-up and top-down cost estimates from plans/drawings and documents from conceptual stage to final design/construction documents

16.2. Analyze subconsultant and contractor cost proposals for reasonableness 16.3. Independently develop cost estimates to verify price for contractor change proposals 16.4. Independently perform scope, quantity and/or unit cost reconciliations 16.5. review complex proposals for accuracy and completeness including assessment of items such

as reasonableness of proposed work hours, crew sizes, materials, and equipment types, sizes and billing rates.

16.6. Research market conditions. 16.7. Assess cost escalation trends 16.8. Provide the latest cost data references such as RS Means and other labor productivity/pricing

data. 16.9. Provide the latest Timberline Means Database. 16.10. Assist the project management staff in negotiations with contractor and preparing change

documentation. 16.11. Assist the project management staff in the preparation of the project budget 16.12. Assist the project management staff with the management of project scope, budget, and

schedule 16.13. Provide opinion/assessment of design consultant’s estimate per the BEDC cost estimating

manual. 16.14. Use the BEDC cost estimating group’s Estimate Review Comment Sheet and Comment

Tracking Log to summarize the developed opinions/assessments, etc. 16.15. The Consultant shall assist the BEDC cost estimating group with various estimating related

tasks and obtaining cost data publications and electronic cost databases. 16.16. The Consultant will assist the County in assessing the risks and benefits of accelerating work

to recover lost time that is deemed to be the responsibility of the County. This assessment will



include review of the contractor’s acceleration cost proposal, evaluation of the schedule to identify possible low-cost workarounds and assessment of the risks for further delays to the project that might render acceleration ineffective. The Consultant may be required to develop change order estimates based on scope changes to ongoing projects. Attendance at change order negotiation meeting(s) is anticipated.

16.17. Breakdowns of labor, material, and equipment for a change order estimate may be required. 16.18. The Consultant will summarize the change order pricing on the appropriate DEP proposed

cost for change order form(s).

17. Cost Estimator SR. 17.1. All responsibilities of Cost Estimator Jr. Plus capability in providing County with insight in the

bench marking of cost of various building types, trends and cost escalations.

18. Value Management Consultant 18.1. Identify and monitor areas of unnecessary or excessive cost 18.2. Identify and evaluate initial and operating cost-avoiding alternatives 18.3. Examine opportunities to add value to each project, guideline, or standard 18.4. Provide construction input, review conceptual general arrangements and layouts, and

recommend actions for incorporation into the design 18.5. Review construction industry methods and techniques to identify construction techniques that

can be implemented to lower construction cost, reduce schedule time, increase quality and productivity, improve safety, lengthen the economic life of a project and reduce maintenance costs

18.6. Execute value engineering (VE) studies if needed, including assembling teams, preparing for VE workshops, conducting value engineering studies using the Value Methodology, and preparing reports documenting the events and results of the workshop.

19. Administrative assistant

19.1. To provide clerical and administrative support to the project team. 19.2. Preparation of various reports with knowledge of Microsoft Office products.

20. Asset Management Consultant

20.1. Conduct asset management assessments, gap analysis and road map development, service level development, asset management policy and organization structure, asset hierarchy and data evaluations, asset risk planning, condition assessment planning, facilities strategies for optimized operations and maintenance, capital plan validation and prioritization including business case development, strategic plan development, business optimization, and project management.

20.2. Develop lifecycle planning and cost/risk optimization for assets 20.3. Update and enhance asset management processes and procedures 20.4. Assist Program Manager to align asset management plans to the County’s organizational

strategy.

21. Claims Analyst 21.1. Assist with designing and implementing project control procedures that ensure design

changes or disputes are exposed and addressed in a timely, comprehensive, and professional manner

21.2. Assist with establishing formal methods for reviewing and tracking oral and written contract changes and work authorizations

21.3. Assist with integrating field, project office, and operating organization documentation, tracking, and follow-up mechanisms that will ensure project authorizations and change orders are efficiently and accurately acted upon and reported



21.4. Assist the with developing decision-making strategies for the field and project office that will minimize the impact of change orders and design disputes and will facilitate decision-making at the level of authority most practicable, knowledgeable, and aligned with the change responsibilities

21.5. Assist with the preparation for and participation in formal legal proceedings 21.6. Provide thorough claims analysis, review, and assessment services through interviews,

document review, technical analysis, and other methods 21.7. Provide monthly progress reports on the status of any outstanding claims assigned the

Consultant(s) 21.8. Coordinate and attend review and negotiation meetings 21.9. Prepare a claim evaluation report detailing the history, outcome, and impacts of assigned

claims

22. Independent Commissioning Professional 22.1. Provide independent and quality assurance verification. The commissioning professional is an

advocate for the end users and construction manager, and will ensure work is complete, functional, and meets the intent for a safe, sustainable, and maintainable outcome.

22.2. Objectively identify issues and work towards resolutions, which will best address the client’s needs. Often times, commissioning under the direction of the contractor, designer, (or design/builder) will consider the most expedient solution to resolve an issue and may not be in the best interest of the owner for the long term.

22.3. Maintain lines of communication with the designer, contractors (and subs), and facility staff, while keeping contractual obligations to the client.

22.4. Act as a liaison between the project team and facility staff and engage the end-users to partake in commissioning activities.

22.5. Be certified in one of the several professional organizations such as ASHRAE, ACG, NEBB, AABC, etc. and prescribe to the standardized commissioning practices recommended by those organizations.

22.6. Start at the design phase, where the commissioning professional establishes owner project requirements from an operations and maintenance perspective.

22.7. Champion those owner requirements throughout the life of the project. 22.8. Develop commissioning specifications, design reviews, maintenance and access reviews, test

protocols and criteria, training requirements, operations manuals, warranties, and legacy documentation Track those documents and progress throughput the project life and into occupancy. These documents are critical to establish ongoing commissioning of the building and maintain its value and health for years to come

22.9. Weigh in on contractual obligation and completion milestones to ensure a smoother turnover process.

22.10. Provide troubleshooting support and “call-back” during the warranty phase.



EXHIBIT 5: HOURLY RATES

Negotiated Hourly Rates (Attachment H) will be included here as an Exhibit.



EXHIBIT 6: LIST OF KEY PERSONNEL

Complete the following list of Key Professional Personnel Required on this contract

NAME NAME FIRM-LOCATION TITLE TELEPHONE

Principal Contract Manager/Management Oversight Construction Manager I

Inspector III


Design Constructability Review Consultant

Facility Condition Assessment Consultant

Post Construction Measurement & Verification Specialist

Technology Advisor


Scheduler Sr.

Cost Estimator Sr.

Value Management Consultant

Asset Management Consultant

Claims Analyst



EXHIBIT 7: GENERAL SCOPE OF WORK (APPLIES TO ALL PROJECTS UNDER THIS CONTRACT)

Attachment I of the RFP will be included here as part of the Contract.



EXHIBIT 8: SAMPLE TASK ORDER

Attachment J will be included here as an Exhibit. MONTGOMERY COUNTY MARYLAND, DEPARTMENT OF GENERAL SERVICES,

DIVISION OF BUILDING DESIGN AND CONSTRUCTION

TO: Potential Offeror

CONTRACT NO.: TBD

CIP PROJECT NO.: TBD

PROJECT: Comprehensive Construction Management & Related Services for Various County Facilities: Name of Project

THIS TASK ORDER IS BEING ISSUED IN ACCORDANCE WITH THE COMPENSATION, TERMS, CONDITIONS

AND SCOPE OF SERVICES OF THE ABOVE REFERENCED CONTRACT.

SCOPE OF SERVICES

Montgomery County Maryland has awarded a construction contract to a construction contractor (Name of the contractor) for the construction of The Rockville Regional Library, located in ………... Project is about ………….. GSF and it is a ……….-story building. County intends to also hire Commissioning, testing, and envelope specialists/consultants to assist the county in the construction management for the project. It is required to have a minimum of one progress meeting every other week at the site. County will use BIM360 to manage the project. Project requires Special Inspection. County requires comprehensive services of a Construction Management firm in providing assistance to the county for construction administration, quality control and construction management of the Project.

Basic Services

Basic Services include General Scope of Services in the contract (Exhibit 7) and the following requirements and conditions:

Work must be completed in 5 phases, as follows:

Phase #1: Pre-Construction Phase #2: Construction up to Substantial Completion Phase #3: Substantial Completion of Construction Phase #4: Final Completion of Construction Phase #5: Warranty Period The following is the sequence of events that will begin as soon as the construction process starts; this sequence may be updated and modified as the project develops:

o Initial kickoff meeting with the project team and all key players o Pre-Construction meeting with the contractor o Collection, review and assisting county in approving pre-construction documents submitted by

the contractor. o Initial site walkthrough with permitting agencies o Attend all construction progress meetings and prepare notes as needed. o Conduct routine construction site walkthrough and inspection during the construction o Review submittals o Review contractor’s invoices for accuracy o Use BIM360 or other approved by the owner CM software for keeping the documents and

coordination, collaboration with the AE and the owner.



o Provide issue logs in the BIM36 o Review CPM schedule provided by the contractor and provide comments about the logic and

content of the schedule. o Conduct walkthrough during substantial construction completion request by the contractor and

verify punch lists and provide comments to the owner PM o Conduct walkthrough during final construction completion request by the contractor and verify

punch lists and provide comments to the owner PM o Review all closing materials including Manuals, warranties, specifications, as builts and permits. o Review all contractor claims and provide the owner with suggestions and comments.

Personnel Required for this project

Consultant must provide the following personnel for this project:

2. All key Personnel listed in the Exhibit 6. Notes:

• Project require X weekends (XX days full time) of weekend inspection of the contractor’s work.

• All meetings required in the “Project Management Handbook for Consultants”.

Consultant’s Professional Responsibility and Standard of Care By execution of this Task Order, the Consultant represents and agrees that:

g. It is an experienced and registered professional firm having the ability and skill necessary to perform all the Services required of it under the Contract and this Task Order in connection with the design and construction of a Project having the scope and complexity of the Project contemplated herein;

h. It has the capabilities and resources necessary to perform its obligations hereunder; i. It is familiar with all current laws, rules and regulations which are applicable to the design and

construction of the Project (such laws, rules and regulations including, but not limited to: appropriate local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local utility laws, rules and regulations, and appropriate orders and interpretations by governing public authorities of such ordinances, requirements, laws, rules and regulations in effect at the time of commencement of the Consultant’s services on the Project;

j. That all drawings, plans, specifications and other documents prepared by the Consultant must be prepared in accordance with, and must accurately reflect and incorporate, appropriate laws, rules and regulations.

k. In consideration of the fee specified hereinafter, conveys and agrees to perform, in connection with this Project, with the assistance of competent registered professional staff and/or sub consultants including but not limited to architect, structural engineer, civil engineer, mechanical engineer, electrical engineer, and any others as necessary, professional services as detailed in the Contract and/or in this Task Order.

l. To act in a reasonable, responsive and timely manner in the performance of all services under this Task Order.

At the County's option, the Consultant may be joined as a party to any dispute the Construction Contractor or County initiates, at no additional charge to the County. Project Master Schedule Following is the project Construction schedule as presented to the contractor. This schedule may be modified during the pre-construction period which will establish the Schedule Base Line: Pre-Construction Duration XX Calendar Days



Construction Duration XX Calendar Days

Substantial Completion Duration XX Calendar Days Final Completion Duration XX Calendar Days Warranty Period Duration 365 Calendar Days

COMPENSATION

The County will compensate the A/E for all services performed in accordance with the compensation, terms, conditions, and scope of services of Contract #______________ and this Task Order. Basic Services Compensation The County shall compensate the A/E for Basic Services performed in accordance with the terms, conditions and scope of services of the Contract and this Task Order for a lump sum of $_____________. This lump sum fee is fixed for the duration of the Task Order unless changed by a Task Order Amendment. The Basic Services Compensation includes all costs for such services including but not limited to printing, copying, travel, communications charges, meals, deliveries, etc. Payments for Basic Services will be made monthly in proportion to services performed so that the

compensation at the completion and issuance of written approval of each phase must not exceed the following percentages of the Basic Services Compensation, assuming the anticipated delivery dates as set out in the Project Master Schedule.

The Consultant shall not be responsible for payment for structural, mechanical, chemical and other

laboratory tests, inspections and reports as required by law that are not otherwise called for in the

Contract.

The Consultant shall not be responsible for payment for necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

PROJECT PHASE PERCENT OF TOTAL

AMOUNT CUMULATIVE PERCENT

Pre-Construction A% $ ..%

Construction B% $ ..%

Substantial Completion C% $ ..%

Final Completion D% $ ..%

Warranty Period E% $ 100%

TOTAL

100%

$

100%

No deductions shall be made from the Consultant’s Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to the Construction Contractor. Should the project schedule deviate from the Master Schedule by more than 120 calendar days through no fault of the Consultant, the Consultant may request negotiation of the compensation shown herein for Basic Services, and adjustment of the dates required for completion of the remaining



work.

The fee is based on the Approved Fee Schedule (Sample provided at the end of the Task Order). Fee Schedule is an Excel File and will be provided to the Consultant for use. Invoice

Invoices must be prepared in compliance with the Invoice Form in the “Project Management

Handbook for Consultants”.

The following statement must be printed on all invoices submitted to the County for payment:

“The Consultant certifies that up to the date of this invoice the prime contractor (Consultant) and/or its consultants have not engaged or performed any additional services without written authorization of the County. The Consultant further certifies that it has addressed all comments provided by the County in response to all documents submitted by the Consultant, and that the Consultant has coordinated all permitting requirements for this project with all appropriate agencies and utilities.”

C. TERM The effective date of this Task Order and the period in which the Consultant must perform all work under the Task Order begins with the County’s issuance of a Notice to Proceed and ends with a Notice of Completion of Work.




This Task Order No. 1111050 is effective on the date of execution by the Contract Administrator

ORDERED BY:

Contract Administrator: Hamid Omidvar, AIA

Chief, Division of Building Design and Construction

Department of General Services

Signature:

Date:

ACCEPTED BY:

Printed Name:

Title:

Firm Name

Signature:

Date:

FEE SCHEDULE FORM (USE EXCEL FILE TO GENERATE)



EXHIBIT 9: GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

Project Name:

Consultant's Firm Contract #:

Consultant's Name Task Order #:

Date:

Important Notes:

Position Phase 1 Phase 2 Phae 3 Phase 4 Phase 5 Phase 6

Total

Hours

Hourly

Rate Total Cost

Principal

4 4 4 4 4 4 24 $ 200.00 $ 4,800.00

Contract Manager -

Management Oversight 40 40 40 40 40 40 240 $ 160.00 $ 38,400.00

Construction Manager I

180 180 180 180 180 180 1,080 $ 120.00 $ 129,600.00

Inspector III

80 80 80 80 80 80 480 $ 90.00 $ 43,200.00


20 20 20 20 20 20 120 $ 100.00 $ 12,000.00

Design Constructability

Review Consultant 20 20 20 20 20 20 120 $ 100.00 $ 12,000.00

Facility Condition

Assessment Consultant 20 20 20 20 20 20 120 $ 80.00 $ 9,600.00

Post Construction

Measurement & Verification 40 40 40 40 40 40 240 $ 80.00 $ 19,200.00

Technology Advisor

10 10 10 10 10 10 60 $ 120.00 $ 7,200.00


5 5 5 5 5 5 30 $ 100.00 $ 3,000.00

Scheduler Sr.

80 80 80 80 80 80 480 $ 100.00 $ 48,000.00

Cost Estimator Sr.

40 40 40 40 40 40 240 $ 100.00 $ 24,000.00

Value Management

Consultant 10 10 10 10 10 10 60 $ 100.00 $ 6,000.00

Asset Management

Consultant 8 8 8 8 8 8 48 $ 100.00 $ 4,800.00

Claims Analyst

4 4 4 4 4 4 24 $ 100.00 $ 2,400.00

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

- $ - $ -

Staff Total 561 561 561 561 561 561 3,366 1,650.00$ 364,200.00$

Expenses Phase 1 Phase 2 Phae 3 Phase 4 Phase 5 Phase 6 Total Cost

Travel 120.00$ 120.00$ 120.00$ 120.00$ 120.00$ 120.00$ 720.00$

Printing 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 1,200.00$

Delivery 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 900.00$

Other 1 -$

Other 2 -$

Other 3 -$

Expenses Total 470.00$ 470.00$ 470.00$ 470.00$ 470.00$ 470.00$ 2,820.00$

367,020.00$ Project Total Cost

Name of Project

Name of Consultant's Firm

Name of officer signed

Contract #:

Task Order #:

mm/dd/yyyy

1-Fill the following table with fees per phase and position. If needed, additional disciplines or positions can be added.

5- This form is provided in Excel format and should be submitted for review and approval both in printed and Excel file format on a USB drive.

2-Positions/Staff and hourly rates must match those in the contract.

3-Please be advised that no exception in the scope of services is acceptable.

4-Consultant fee must be inclusive of all services needed to deliver the work as explained in the Task Order and contract.

DO NOT CHANGE FORMULAS

DO NOT CHANGE FORMULASCost $ per phase

FEE SCHEDULE

Number of Hours



The General Conditions of Construction Contract are attached hereto. This attachment provides tasks, duties, and time limits and time criteria for the General Contractor, the A/E, and the County during performance of the Construction Contract. Tasks, duties, and time limits and time criteria contained in the attachment which are specific to the A/E are by reference made part of the scope of work for the A/E under this Contract and any Task Order. The total cost, appropriate staffing, and the time necessary to perform the A/E tasks and duties must be fully incorporated by the A/E in the cost and schedule provided by the A/E to the County in executing any Task Order awarded to the A/E. The General Conditions of Construction Contract must be fully integrated into the contract documents prepared by the A/E at each phase of design and in the final bid documents prepared by the A/E and delivered to the County for use and execution with a selected General Contractor. The County may provide an updated version of the General Conditions of Construction Contract upon Task Order execution or prior to the A/E’s final submission of bid documents to the County. The A/E must make all minor adjustments necessary in the bid documents resulting from the updated General Conditions of Construction Contract. If conflicts in tasks, duties, and time limits and time criteria arise between documents or references contained in this Contract, the most stringent, demanding, and/or costly must be the basis for submission by the A/E in preparation of the cost, staffing, and time necessary to perform the A/E tasks and duties.

This Exhibit is paginated independently

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