On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
BALTIMORE CITY PUBLIC SCHOOLS MATERIALS MANAGEMENT DEPARTMENT
Contract No. RFP-15010 Request for Proposals On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools). Proposals Due Date: Thursday, January 15, 2015 at 11:00 A.M. Local Time. In order to be eligible for consideration, proposals must be received at City Schools Office of Materials Management no later than 11:00 am local time, January 15, 2015 in Room 401. Firms mailing proposals shall allow sufficient carrier delivery time to ensure timely receipt by the Office of Materials Management (Room 401) prior to the deadline. Any proposals received in the Office of Materials Management after the submission deadline, no matter what the reason, will be returned unopened. Delivery to the City Schools’ mailroom, lobby etc shall not constitute delivery to the Office of Materials Management located in Room 401. Note:
RFP-11027
MBE package shall no be submitted on a due date and time. For additional information and assistance please contact Mr. Brien Boone at (443) 642-4364 – M/WBE Manager and/or Ms. Vastie Presley – M/WBE Liaison at (443) 642-4365 or e-mail to:
[email protected] [email protected]
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
INFORMATION SHEET CONTRACT/SOLICITATION NUMBER:
RFP-15010
I.
Description of Work:
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
II.
Location of Work:
Various City School Locations
III.
Documents Available At:
In order to participate interested firms need to visit eMaryland Marketplace website at https://emaryland.buyspeed.com/bso/login.jsp and/or
http://www.baltimorecityschools.org/site/def ault.aspx?PageID=25290 beginning Friday, November 21, 2014 IV.
Proposals Received/Due Date:
Baltimore City Public Schools 200 East North Avenue, Room #401 Baltimore, MD 21202 Thursday, January 15, 2015 by 11:00 a.m. Local Time.
V.
Contact Person:
Mr. Lawrence F. Flynn, PE, LEED AP Director - Facilities Design and Construction Telephone: (443) 865-6825 E-Mail:
[email protected] Mr. Mike Krupnik – Contract Manager Office Telephone: (410) 396-8826 E-Mail:
[email protected]
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
Responding Firm(s), The response to the advertised Request for Qualifications RFP-15010 shall be executed by all responding firms in sufficient detail to demonstrate that the firm possesses the required qualifications, capacity, ability and resources to accomplish the work as set forth in the solicitation, all to the satisfaction of Baltimore City Public Schools and for proper determination and selection of the most responsible and responsive firm. All responses shall be submitted by the responding firm(s) on the response due date and time to: Baltimore City Public Schools Headquarters Building Material Management Department 200 E. North Avenue Room 401 Baltimore, MD 21202
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
Table of Contents Page 1. Statement of Confidentiality…………………………………………………. 5 2. Background…………………………………………………………………... 5 3. Service to be Provided by the Consultant…………………………………….. 5 4. Proposal Submission Requirements…………………………………………... 6 5. Irregular RFP Responses……………………………………………………… 7 6. Method of Selection and Bases of Award…………………………………….. 7 7. Scope of Work………………………………………………………………… 8 8. Term of Contract……………………………………………………………… 9 9. City Schools Supervision……………………………………………………... 9 10. Contract/Insurance……………………………………………………………. 10 11. Minority Business Participation………………………………………………. 10 Attachment #1 – Scope of Work for A & E Consultants Attachment #2 – Scope of Work for Construction Managers Attachment #3 – MBE Forms (City of Baltimore) for Subcontractors Participation Attachment #4 – MBE Forms (State of Maryland) for Subcontractors Participation
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
Provide On-Call Architectural, Engineering & Construction Management Consultants Services for Baltimore City Public Schools (City Schools) Request for Proposals (RFP-15010) Solicitation Instructions 1. STATEMENT OF CONFIDENTIALITY: a. It is understood and agreed that all the information pertinent to this solicitation, and information that may result in a contract, may contain trade secrets which are confidential and proprietary. The selected consultant agrees not to disclose or knowingly use any confidential or proprietary information or business secrets of the Baltimore City Public Schools and/or third party participant. b. Trade secrets or proprietary information submitted by a consultant in connection with a procurement transaction shall not be subject to public disclosure under the Maryland Freedom of Information Act; however, the consultant must invoke the protections of this section prior to or upon submission of the data or other materials, and must identify that data and other materials to be protected and state the reasons why protection is necessary. Disposition of material afterward(s) is/are made should be stated by the consultant. 2. BACKGROUND: Baltimore City Public Schools (City Schools) serves the needs of public education in Baltimore City, a city covering approximately 77 square miles, with a residential population of more than 645,000. It is the fourth largest public school system in the State of Maryland. City Schools operates approximately 180 facilities over a ten-mile radius, which includes elementary, middle, and high schools, special education centers, alternative schools, and administrative offices. The central office for City Schools is located at 200 East North Avenue in Baltimore, Maryland. 3. SERVICES TO BE PROVIDED BY THE CONSULTANT(S): The Baltimore City Public Schools (City Schools), via this solicitation, is soliciting requests for proposals for the purpose of establishing on-call Consultant Firms to provide consulting services on an as-needed basis for City Schools projects with fees under $200K in the fields listed below: a. Architectural Consultant Services. RFP-11027
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
b. Various Engineering Consultant Services such as: i. Civil/Structural Engineering ii. Mechanical Engineering iii. Electrical Engineering iv. Plumbing Engineering v. Fire Protection Engineering vi. Date/Voice/Video Network Engineering c. Construction Management services
4. PROPOSAL SUBMISSION REQUIREMENTS: Each responding firm shall submit four (4) hard copies and one (1) electronic/soft USB copy of the response for each of above listed three (3) fields covered in the RFP, if so elected. A separate response for each of three trades shall be submitted to be considered for more than one contract award. The soft electronic copy(s) submitted shall be in PDF format with bookmarks. If this request presents a problem to any responding firm, please contact Mr. Mike Krupnik at 410-396-8826. The USB(s) shall be identified by a consultant firm label with solicitation number and title, company name, address and firm contact person telephone, fax and email address. The USB label shall be attached by the means of a key ring for identification and filing. a. MBE & WBE Forms shall not be submitted on a due date. b. The RFP shall contain a Table of Contents with corresponding Book Marks, placed in the front of the Responding proposal. c. Page size shall be 8 1/2” x 11”, with type size 10 point. d. In order for the City Schools staff to evaluate RFP(s) objectively, all RFP(s) MUST be submitted in accordance with the format outlined in this section. The RFP should be prepared simply and economically, providing straight-forward and concise information as requested. The RFP sections MUST be organized as follows: i. Title Page/Cover - One page maximum. ii. Table of Contents - One page maximum. RFP-11027
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
iii. Transmittal Letter. - One page maximum. iv. Company history - One page maximum. v. Company financial stability (Financial Statement) - Three page maximum. vi. Provide Standard Federal Form 254 and 255. vii. Consultant team, staff profile and qualifications, licenses and availability. Describe experience in providing similar services. Identify the personnel to be assigned. Describe the role and responsibility of each person assigned a major role in this relationship briefly detailing credentials and experience - Two pages maximum. viii. Past experience and list of projects in performing consulting services for City Schools and/or a similar size education entity - Two page maximum. ix. Provide at least three references - One page maximum. x. Describe the firm’s project methodology - Two page maximum. xi. Other information related to the proposed services - Two pages maximum. 5. IRREGULAR RFP RESPONSES: RFP responses may be rejected if they show omissions or irregularities of any kind. 6. METHOD OF SELECTION AND BASIS OF AWARD: a. The Selection and Evaluation Committee will perform, in a fair and impartial manner, evaluation and review of all information supplied by the consultants to determine qualifications and to establish a pre-qualified on-call listing of architectural, engineering and construction management firms. b. During the evaluation process City Schools reserves the right request additional information or clarifications from responding firms. c. The criteria to be considered in evaluating will include, but is not limited to, the following: i. Ability in performing the service described in the solicitation – 25 Points. ii. Past experience in performing similar service- 25 Points iii. Qualifications of the personnel assigned – 25 Points. RFP-11027
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
iv. Ability to meet required schedule -15 Points v. Information from other sources and references provided by the responding firm(s) - 10 Points. d. The Selection and Evaluation Committee may recommend up to ten (10) qualified, responsive and responsible Architectural Firms, ten (10) Engineering firms and ten (10) Construction Management firms accumulating the highest total amounts of points during technical (Phase-1) evaluation. The top ranking firms will be invited for interview with the Evaluation and Selection Committee. All the material items addressed during the interview shall be placed on USB in PDF format and provided to City Schools. e. The Evaluation Committee will recommend for award and consequent placement on the on-call list only qualified, responsive and responsible Consulting Firm(s) accumulating the highest amount of ranking points as a sum of technical evaluation and interview, based on the information provided and presented by consultants. 7. SCOPE OF WORK: a. The work under this solicitation shall include, but not be limited to, the preparation of design and construction documents and full construction administration services for repairs, renovations and limited new construction related to school buildings for projects where consultant fees are to be less than $200K. b. Typical projects for Architectural services may include developing drawing and specifications for roofs, windows, and other systemic needs of the building, feasibility studies, design specifications, field investigation, land survey, geotechnical engineering, environmental survey and evaluation studies, traffic studies, cost estimate services, ADA alterations, alteration and modifications. c. A separate on-call list of consultants will be established for engineering services consisting of Civil/Structural, Mechanical, Electrical and Plumbing, Fire Protection and Data/Voice/Video Network Engineering. These engineering consultant services may be requested to analyze existing structures for safety, prepare specifications, drawings for temporary and permanent corrective measures for buildings and building systems. d. Additionally, a separate on-call list will be established by City Schools for Construction Management Services. These consultants may be required to provide technical and administrative assistance in all aspects of the construction management for the school system. The work shall include managing capital projects, including general or multiple prime contractors, construction inspection RFP-11027
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
services in all trades, value engineering studies, oversight and development of program improvements, review of the contract requirements, maintain and monitor the construction schedules, cost control, analysis of change orders, coordination of the projects with Maryland State Interagency Committee on School Construction (IAC), Baltimore City Governments and Baltimore City Public Schools and other related building and building systems construction services as required. 8. TERM OF CONTRACT: a. The contract(s) resulted from this solicitation shall remain in force for a period of four (4) years starting July 1, 2015 to June 30, 2019. b. Selected firms shall not proceed with any work until a Purchase Order is issued by City Schools and received by the firm. The Board shall have no obligation to pay for services before a purchase order is obtained from the Office of Materials Management Department.
c. The Baltimore City Board of School Commissioners reserves the right to terminate the established on-call consultant list resulting from this solicitation in its entirety and/or terminate any of the Consultant Firms from the list for unsatisfactory service or changing requirements of City Schools by giving thirty (30) days written notice. d. This solicitation will result an on-call consultant requirement contract, where the consultant(s) shall only be paid for actual work performed for services requested by City Schools. e. Throughout the contract period, the consultants will be asked to provide services on an “as-needed basis.” Utilization of the on-call consultants will be tracked based on the amount of fees and frequency of use. Periodically, this data will be reviewed and every reasonable effort will be made for the equitable distribution of work among selected consultants. 9. CITY SCHOOLS SUPERVISION: a. The consultant performance will be under the technical direction of the Baltimore City Public Schools Facilities Design and Construction Department, who will be responsible for securing consultants compliance with the operational requirements of this solicitation, and as result, the contract. The performance of this responsibility is under the direction of the Chief Operating Officer (COO) or his duly authorized representatives. b. However, the approval of the Materials Management Department must be obtained in a timely manner, prior to performance of any changed requirements to this contract which may give rise or change in price. If conditions are not acceptable, the consultant will be called on to review and correct all problems with the work he RFP-11027
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools).
performed. Failure to appear and correct unsatisfactory or incomplete work will result in the consultant being back charged the cost of making corrections by the using agency, and the cost will be deducted from the invoices due him. 10. CONTRACT/INSURANCE: a. City Schools will utilize a standard AIA Standard Form of Agreement Between Owner and Architect/Engineer/Construction Manager, with appropriate City Schools’ edits. b. Each responding firm is required to submit a copy of their existing liability insurance certificate with their technical proposal. c. The firm(s) selected for award shall provide Professional Liability Insurance to City Schools to cover the estimated cost of the project(s) assigned. 11. MINORITY BUSINESS PARTICIPATION: a. The total goal for MBE/WBE under Baltimore City requirement is 37% with 27% for Minority Business Enterprises and 10% for Women’s Business Enterprises, see attached forms. These firms are to be certified in accordance with the Baltimore City MBE/WBE Program. This form shall be provided to City Schools after project is assigned to the selected firm together with the price proposal. b. The total goal for MBE/WBE under State of Maryland requirement is 29% with 6% for African American, 2% Hispanic Americans and 9% for Women’s Business Enterprises, see attached forms. These firms are to be certified in accordance with the by MDT in accordance with the State of MD MBE Program. This form shall be provided to City Schools after project is assigned to the selected firm together with the price proposal. c. City Schools Project Manager will direct consultant which form will be required at the time when cost proposal will be requested from selected and Board approved firm. MBE forms shall be provided to the City Schools Project Manager together with the cost proposal for each project.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment #1
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
RFP-15010
Scope of Work for A & E Consultant Services. 1. Purpose: The purpose of this scope of work is to define the requirements and procedures associated with the coordination and development of construction documents and the administration of the construction for typical on-call consultant design projects. 2.
Responsibility:
The work requested of the A/E in executing this "Scope of Work" is to be performed under the direction of an architect or professional engineer registered in the State of Maryland. The A/E is to provide design concepts and construction documents consistent with good architectural and engineering practices and in compliance with applicable codes and standards. The A/E is responsible for the design, selection and application of materials, systems, components, processes and methods documented in the final contract documents. The A/E will ensure that the final product is adequate for, but not in excess of, what is required to perform the intended function. A/E services extend through construction, building occupancy and warranty period. 3. Project Administration: a. City Schools Project Manager will administer project design, submissions and reviews included in the Scope of Work. b. Deviations from the project scope, budget, schedules, or other contract related parameters are to be coordinated through the Director, Facilities Design and Construction. Document requests or notifications of changes in contract-related parameters are to be submitted in writing to the Director, stating the reason(s) for and affect of the proposed changes. Changes in the A/E’s scope of work involving changes in contract time and fee require the approval of the Director, Facilities Design and Construction prior to starting the work. 4. Schematic Design Phase: a. Prepare from the approved Educational Specifications, for further approval by city Schools and other members of the City Schools Project Team, the Schematic Design documents. b. Provide Schematic Design documents in accordance with both the requirements of the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph10, “Phase I – Schematics” and the requirements of the State of Maryland Public School
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Construction Program Administrative Procedures Guide, Section 202, “Educational Specifications and Schematic Designs”. c. Kick-Off Meeting: Immediately following receipt of notice to proceed on the project, the A/E will attend a "Schematic Design Kick-Off Meeting" to discuss general project parameters and proposed design of systems and equipment with City Schools staff. The A/E is to prepare minutes of this meeting with copies to City Schools. d. Provide cost estimate developed by a Professional Cost Estimator in accordance with IAC/PSCP and DGS requirements. e. Project Schedule: Develop and submit a project schedule, in Gantt chart format, describing the time/event relationship between each major project phase and milestone, from schematic design through client occupancy. Assist City Schools in the development of the Provisional Master Schedule and List of Critical Dates of milestone events. f. Life Cycle Cost Analysis and Energy Conservation Analysis: Provide in accordance with IAC/PSCP and DGS requirements. g. IAC/PSCP Submission: Submit documentation as required by both the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph10, “Phase I – Schematics” and the State of Maryland Public School Construction Program Administrative Procedures Guide, Section 202, “Educational Specifications and Schematic Designs”, including required forms. h. Meetings: Attend meetings, as necessary, with City Schools staff to discuss problems or issues affecting the project design or construction requirements. Attend and participate in public meetings and hearings. Engender public and regulatory support for implementation of the project. Attend, with all consultants, the Schematic Design review meeting to address all submission comments generated by City Schools staff. 5. Design Development Phase: a. Prepare from the approved Schematic Design documents, for further approval by City Schools and other members of City Schools Project Team, the Design Development documents. Design Development documents will include drawings in more detail than the Schematic Design documents and will take into account City Schools, City, and State comments on the previous submittal. b. Provide Design Development documents in accordance with both the requirements of the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph11, “Phase II – Design Development (DD)” and the requirements of the State
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
of Maryland Public School Construction Program Administrative Procedures Guide, Section 302, “Design Development Documents”. c. Kick-Off Meeting: Immediately following receipt of notice to proceed to design development the A/E will attend a "Design Development Kick-Off Meeting" to discuss proposed design of systems and equipment with City Schools staff. The A/E is to prepare minutes of this meeting with copies to City Schools. d. Reviews: Conduct reviews with applicable code officials and prepare summaries of each meeting. Summaries shall highlight major problems and a status of the solution. Forward copies of each transmittal indicating submission to code officials to City Schools Project Manager. e. IAC/PSCP Submission: Submit documentation as required by both the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph11, “Phase II – Design Development (DD)” and the State of Maryland Public School Construction Program Administrative Procedures Guide, Section 302, “Design Development Documents, including required forms. f. Provide cost estimate developed by a Professional Cost Estimator in accordance with IAC/PSCP requirements. Complete IAC/PSCP Form 302.4. g. Design Alternatives: Provide Add Alternates showing work totaling ten percent (10%) of the projected construction budget for the project. h. Project Schedule: Develop and submit a project schedule, in Gantt chart format, describing the time/event relationship between each major project phase and milestone, from schematic design through client occupancy. Assist City Schools in the development of the Provisional Master Schedule and List of Critical Dates of milestone events. i. Life Cycle Cost Analysis and Energy Conservation Analysis: Update and revise the Schematic Phase Life Cycle Cost Analysis and Energy Conservation Analysis.
j. Prepare and submit a site plan, in required quantity, for review along with application for site storm water management permits. Prepare and submit a site plan identifying the locations of test boring and radon testing. k. Attend meetings, as necessary, with City Schools staff to discuss problems or issues affecting the project design or construction requirements. Attend and participate in public meetings and hearings. Engender public and regulatory support for implementation of the project. Attend, with all consultants, the Design Development review meeting to address all submission comments generated by City Schools staff.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
l. Analysis: Assist the Owner in reviewing and interpreting special reports submitted by other technical consultants and professionals, as they relate to the project. Provide large-scale layouts of special areas of the facility to analyze and resolve problems and concerns regarding the proposed design. m. Design Development Documents i. ii. iii. iv.
Overall project narrative Building design code analysis Geotechnical report and analysis Statement of project intent approval from local Soil Conservation Service n. Drawings i. Provide as required by both the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph 11, “Phase II – Design Development (DD)” and the State of Maryland, Public School Construction Program Administrative Procedures Guide, Section 302 “Design Development Documents”. ii. Sediment and erosion control storm water management plan. Scale 1”= 40’ iii. Outline Specifications iv. Building Calculations (Using Maryland DGS Standards) 1. Gross and net area 2. Building efficiency 3. Life Cycle Cost Analysis and Energy Conservation Analysis (as described above) 4. Electrical calculations; load and demand analysis, standby power load analysis, lighting power budget, lightning risk assessment. 5. Cost estimate and bid alternates (as described above) 6. Project schedule (as described above) 6. Construction Documents Phase: a. A/E will prepare from approved Design Development documents, for further approval by City Schools and other members of City Schools Project Team, the Construction Documents (CD’s) for the construction of the project. The A/E will provide documents to be used by City Schools to bid and procure construction of the project. The A/E is also responsible for providing documents required for issuance of permits and legal authorizations. b. Meetings: i. Kick-Off Meeting: Immediately following receipt of notice to proceed with CD’s the A/E will attend a "Construction Document Page 5 of 9
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Kick-Off Meeting" to discuss proposed design of systems and equipment with City Schools staff. ii. Kick-Off Meeting: Immediately following receipt of notice to proceed with CD’s the A/E will attend a "Construction Document Kick-Off Meeting" to discuss proposed design of systems and equipment with City Schools staff. iii. Attend meetings, with City Schools staff to discuss problems or issues affecting the project design or construction requirements. iv. Attend and participate in public meetings and hearings. Engender public and regulatory support for implementation of the project. v. Attend, with all consultants, the Construction Document 50%, 95% and 100% completion review meetings to address all submission comments generated by City Schools staff. vi. The A/E is to prepare minutes of meetings with copies to City Schools and others as appropriate. c. Permitting and Reviews: i. Conduct reviews with applicable code officials and prepare summaries of each meeting. Provide City Schools with a summary of issues and a status of the solution and copies of transmittals indicating submission to code officials. ii. Apply for and coordinate requirements associated with obtaining temporary and permanent permits required to construct and operate the project, including building, site grading utilities, reforestation, general and special construction, vehicle entrances, storm and ground water management, and others necessary to implement the project. d. Cost Estimate: i. Provide cost estimates developed by a Professional Cost Estimator at the 50%, 95% and 100% construction submissions in accordance with IAC/PSCP requirements. Complete IAC/PSCP Form 302.4. ii. Design Alternatives: Design project to 95% of the project construction budget. Provide add alternates totaling ten percent (10%) of the projected construction budget for the project. iii. Analysis: Assist City Schools in reviewing and interpreting special reports submitted by other technical consultants and professionals, as they relate to the project. Provide large-scale layouts of special areas of the facility to analyze and resolve problems and concerns regarding the proposed design. iv. Life Cycle Cost Analysis and Energy Conservation Analysis: Update and revise the Design Development Phase Life Cycle Cost Analysis and Energy Conservation Analysis. e. Coordination:
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i. Consult with local utilities and coordinate delivery of all utility services necessary to construct and operate the project. ii. Provide documentation and coordination of design requirements associated with HVAC systems, DDC control/energy management systems, data/voice/video networks, security systems and public address systems iii. Building Calculations (Using Maryland DGS Standards) 1. Gross and net area 2. Building efficiency 3. Life Cycle Cost Analysis and Energy Conservation Analysis (as described above) 4. Electrical calculations; load and demand analysis, standby power load analysis, lighting power budget, lightning risk assessment. f. Construction Document (CD) Submissions: i. 50% Submission: Provide in accordance with the requirements of the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph 12, “Phase III – Construction Documents (CD)” ii. 95% Submission: Submit documentation required by the State of Maryland, Public School Construction Program, Administrative Procedures Guide, section 303.1 Construction Document Submission and complete form 303.1. iii. 100% IAC/PSCP Submission: Provide in accordance with the State of Maryland, Public School Construction Program Administrative Procedures Guide, Section 303 “Construction Documents”. iv. Bid Document (Final) Submission: After all IAC/PSCP/DGS & City Schools review comments have been addressed and incorporated into the Construction Documents, provide in accordance with the requirements of the July 2003 edition, State of Maryland, Department of General Services, Office of Facilities Planning, Design, and Construction, Procedure Manual for Professional Services, Chapter II, Paragraph 12, “Phase III – Construction Documents (CD)” g. BIDDING i. Cooperate and coordinate with the City Schools MM Department. ii. Provide all construction documents including addenda, in Adobe.pdf format. iii. Respond promptly to questions from bidders. iv. Pre-Bid Conference:
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
1. Attend and participate in pre-bid conference. 2. Prepare minutes of the meeting with copies to City Schools and others as appropriate. v. Bid Evaluation: The A/E will assist City Schools by answering questions concerning the CD’s during the bid evaluation period and will assist in the overall bid evaluation process. h. Construction Administration: i. Meetings 1. Attend a pre-construction meeting to answer questions relating to the design and construction of the project. 2. Attend bi-monthly construction progress meetings at the construction site. A/E’s sub-consultants should attend on an "as-needed" basis. 3. Attend and document the proceedings of the preconstruction meeting and answer questions relating to the design and construction of the project. ii. A/E Reviews 1. Submittals/Shop Drawings 2. Contractor’s construction schedule; monthly review and assessment of the Contractor’s progress. 3. Contractor’s requests for information. (RFI’s) 4. Operation and maintenance manuals, equipment requiring regular or periodic maintenance. 5. Contractor's pay requests and requests for reductions in retainage. iii. Provide change order review services if requested. iv. Observe Contractor's work to determine compliance with the Contract Documents and the project schedule. v. Provide advice and direction to the construction contractor on technical matters relating to the project's design requirements. vi. Prepare and distribute punch lists and coordinate the resolution of construction punch list items. vii. Conduct a substantial completion inspection and provide certification of substantial completion to City Schools along with a substantial completion punch list. viii. Upon completion of all punch list items, conduct a final completion inspection and provide certification of final completion to City Schools. i. Post Construction Phase:
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
i. Project Record Drawings: Prepare project record drawings for delivery to City Schools within 90 days of final completion inspection. Provide both PDF and CAD drawings files. CAD files are to be prepared using AIA layering format with xrefs bound in an AutoCAD version acceptable to the City Schools. ii. Flow Diagrams: Provide system flow diagrams for mechanical and electrical systems and equipment. iii. Provide mechanical and electrical systems diagrams for mounting on the wall of the mechanical rooms and electrical closets. iv. Post Occupancy: 1. Meetings: Attend and prepare minutes of a post-occupancy review meeting to be held at the project site. 2. Report: Prepare a report for City Schools outlining major deficiencies, defects, and functional and operational inadequacies identified by City Schools staff relating to systems, materials, spaces, site, and other elements. v. End of Warranty: 1. During the two year guarantee period, the A/E and the design team shall participate in warranty inspections at 6, 12 and 23 months after final acceptance of the project by City Schools. 2. The A/E will file a Warranty Inspection Report for each inspection and a final Warranty Inspection Report at the end of the two year guarantee period listing contractual guarantee items, maintenance items and design complaints. In the case of serious design or construction deficiencies, a supplemental written report will be made by the A/E indicating results of the visits.
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Attachment #2
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
RFP-15010
Scope of Work for Construction Managers. 1.
General Project Management Services: a.
Contractor Invoicing – Review construction Contractor monthly invoices. Advice City Schools of any revisions required prior to approval.
b.
Meetings - Schedule and facilitate progress meetings. This includes the bi-weekly Owner’s meetings, Contractor meetings and additional meetings required to properly coordinate the work. Prepare project information for quarterly meetings with City Schools project team, CEO, COO, School Board and IAC, as required.
c.
Project Reporting - Interview the Owner, City and State’s personnel to become knowledgeable of the their needs; determine the type of information necessary, the reporting format, the frequency of various reports, and the distribution requirements. Prepare and distribute a Project Status Report on or about the 5th of each month which will include schedule, progress photos, updated budget, cash flow, submittal status, RFP status, change order status, progress narrative, and quality.
d.
Information Flow - Facilitate the flow of information between the Owner, contractors, A/E, and other parties.
e.
Project Cost Controls - Implement and maintain cost management procedures throughout the construction phases. CM will rely on cost data provided by the contractors’ schedule of values during construction. Provide cost information as a part of the monthly project reports and on an as-needed basis. The construction project cost system will be capable of tracking commitments to Contractors, estimate costs to complete, break down and summarize costs by project phases, identify variances between actual and budgeted costs, as well as track change orders and use of contingency.
f.
Government Agency Approvals - Assist in securing and transmitting appropriate documents to city and state agencies for approval at the appropriate times and expedite these agencies’ approvals to the extent possible.
g.
Schedule - Develop and manage the Construction Schedule and make reports to the Owner. This schedule will be coordinated with other activities on the Project including FF&E, removal and re-
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installation, data cabling, and relocation of the school and its various functions during the renovation, advise the Owner when potential or actual constraints to the schedule exist. Make recommendations for corrective action and implement them, including contractor default proceedings up to but not including termination, which shall be made only at the decision of the Owner. Schedule Format – Provide CPM construction schedule; prepare network diagrams using AON (activity-on-node) format. Prepare Construction Schedule using a computerized, cost- and resourceloaded, time-scaled CPM network analysis diagram for the Work. Develop network diagram in sufficient time to submit CPM schedule so it can be included in the contractor bid packages. h.
Value Engineering - Provide monthly value engineering analysis on construction components and systems and make recommendations to the Owner of potential cost savings identified.
i.
Outside Professional Services - Assist the Owner in selecting and retaining additional professional services as required.
j.
Proposed staffing for project - Provide information regarding Construction Manager’s proposed staffing. Include:
2.
Resumes/credentials of staff to be assigned. Provide an organizational chart of your staff being proposed for this project. Provide as much information as possible regarding, the number, qualifications, experience and training, including relevant continuing professional education of the specific staff to be assigned to this contract. Indicate the experience that individual staff members have had with projects of scope, size, and complexity similar to the project described herein. Indicate how the quality of staff over the term of the agreement will be assured.
Construction Phase: a.
Contract Administration
Manage construction contracts from execution through close out. Provide on-site management staff as required to provide contract administration as agents and representatives of City Schools, and establish and implement coordination procedures between City Schools and Contractor.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
b.
Schedule Management
c.
Prepare and distribute monthly construction reports. Review the progress of construction with the Contractors. Observe work in place and properly stored materials on a daily basis, and evaluate the percentage complete of each construction activity as indicated in the construction schedule. Prepare weekly, daily, or other schedules as required to properly manage the work. Identify constraints in the schedule and make recommendations to the Owner to maintain critical schedule milestones and deadlines.
Equipment Start Up, Building Commissioning, and Occupancy
d.
Administer the construction contract as provided in the General Conditions and Division 1 – General Requirements. In the event that the contractor is deemed non performing or in any other way in violation or default of his responsibilities under his contract, advise the Owner and make recommendations to the City Schools for exercising contract prerogatives. Coordinate construction contract and activities, and schedules of the Contractor, vendor, and suppliers working at the site. Provide daily reports of construction activities on site. At a minimum the report should include; list of contractors and subcontractors on site with a workforce count, list of construction activities, description of work inspected by the CM, list of deficiencies, and a safety/accident report.
Provide assistance in the initial operation of equipment and or system such as start-up, testing, adjusting, and balancing. Ensure that equipment is started up and commissioned in accordance with manufacturer’s specifications and the contract documents. Coordinate and schedule training sessions for City Schools maintenance and operational personnel and assure that the Contractors’ obligations in providing this training are fulfilled. Occupancy, Moving
Required Meetings
Conduct pre-construction conferences for Contractors. Orient the Contractors to the various reporting procedures and site rules prior to the commencement of construction. Conduct bi-weekly job-site progress meetings and overall coordination meetings with the Contractors. Issue minutes.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
e.
Change Order Management
f.
Conduct other meetings as required to ensure coordination and smooth flow of work. Meet with the Owner to coordinate safety issues, utility outages, stop work dates due to school functions, and other circumstances that will affect the progress of the work or the educational program of the school in those areas of the complex which will remain occupied for use during the construction period. Establish, implement, and manage a Change Order processing system consistent with City Schools procedures. Evaluate the Contractor’s proposal for cost and schedule impact and make a formal recommendation to City Schools regarding acceptance of the proposal for a Change Order. Negotiate Change Order costs/credits and time adjustments in conjunction with City Schools staff and A/E, when appropriate. Prepare and distribute Change Order reports on a monthly basis throughout the Construction Phase. Maintain a log of potential pending changes and other exposures which might impact the schedule and the budget. Distribute this log at the bi-weekly Owner’s meeting. The Construction Manager will be the initial recipient of notices or claims by the Contractor against City Schools for additional contract cost and time, but will alert City Schools of any possible claims.
Quality Assurance/Control –
Provide an effective QA/QC program which will ensure that construction is performed in compliance with the construction documents. Initiate a QA/QC education program with Contractor. Perform regular QA inspections, random as well as programmed. Advise Owner of any deviations, defects, or deficiencies in the work. In conjunction with the A/E, make recommendations for corrective action on non-conforming work. Track non-conformances and see to it that they are corrected in a timely fashion. Review and make recommendations to the Owner on all Trade Contractor QA/QC programs. Coordinate required technical inspection and testing. Advise the owner of unforeseen conditions, coordination issues and errors and omissions in the Contract Documents.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
g.
Safety
h.
Review the safety program of the General Contractors and make appropriate recommendations to the Owner. Monitor Contractor’s conformance with their own safety program and with the Owner’s safety program. Make recommendations to the Owner regarding corrective measures to be taken.
Payments to General Contractor
Review construction contractor’s monthly invoice. Advise contractor of revisions required for final submission Review and reconcile the Contractors’ Schedule of Values for each of the activities included in the Construction program. Review and make recommendations pertaining to monthly requisition for payment to Sub-Contractor. Contractor will be paid by City Schools. Manage the timely execution of the monthly construction payment applications.
i. Submittals and Requests for Information
Refer questions concerning Construction Documents to the A/E. Maintain a log of such “Requests for Information” (RFI) and monitor the A/Es response to these requests. Be responsible for the initial response to RFI’s when appropriate (e.g. questions regarding schedule) or convey RFI’s to appropriate members of the A/E’s team or to the Owner. Screen out frivolous RFI’s. RFI’s that are forwarded to the A/E by the CM for review, with copy to City Schools/PM, shall be answered in a timely manner. Maintain a submittal tracking system. Manage the flow of submittals. Be responsible for the initial review of submittals and provide comments to the A/E. The A/E shall be responsible for the review and approval. Submittals that are forwarded to the A/E by the CM for review shall be answered in a timely manner
j.
Change Order Management
k.
Substantial Completion and Occupancy
In conjunction with the A/E, make a determination of the remaining work necessary for Substantial Completion, and notify the Contractor of any deficiencies. Work with the A/E to prepare and manage the completion of a punch list. Obtain necessary permits and local building inspector sign offs required for occupancy. Notify Owner immediately of any
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
conditions which interfere with obtaining a Certificate of Occupancy and manage the resolution in a way that will not delay Occupancy 3.
Post Construction Phase a.
Construction Manager Site Documents – Coordinate the completion and transmission of as-built Construction Documents from the Contractor to the A/E. The CM is responsible for the timely submission of the documents and for the review the of documents to ensure completeness
b.
Maintenance and Operation documentation - Receive, review, and distribute the Contractor-furnished maintenance and operating instructions, schedules, warranties, bonds, and certificates of inspection as required by the Construction Documents. Conduct such observations as necessary to ensure material and equipment warranties are in compliance with applicable specifications.
c.
Transmission of warranties and manuals - Secure and transmit to City Schools warranties and similar submittals and deliver keys, manuals, record drawings, and maintenance stocks.
d.
Approval of final payments - Upon correction of the deficiency reports and punch lists and acceptance of all other close-out submittals and certificates submitted by the Contractor, the CM shall review and recommend for approval the Contractors’ Application for Final Payment.
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On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment #3
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
BALTIMORE CITY PUBLIC SCHOOLS MINORITY AND WOMEN’S BUSINESS PROGRAM BALTIMORE CITY CODE, ARTICLE 5, SUBTITLE 28
BIDDER INFORMATION AND FORMS Awarded firms shall provide to the City Schools Project Manager when requested a fully completterd M/WBE form together with the cost proposal at the time when the project task is assigned to selected and approved consultant. (For additional information and assistance please contact City Schools MBE Office at: (443) 642-4364 or (443) 642-4365
CONTRACTING AGENCY: Baltimore City Public Schools CONTRACT NUMBER:
RFP-15010
CONTRACT TITLE: Provide On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools). Pursuant to Article 5, Subtitle 28 of the Baltimore City Code (2007 Edition) – Minority and Women’s Business Program, Minority Business Enterprise (MBE) and Women’s Business Enterprise (WBE) participation goals apply to this contract. The MBE Goal is 27% The WBE Goal is 10% Bid Requirements Bid must include a commitment to utilize MBEs and WBEs at a percentage that equals or exceeds the contract goals stated above. Bidder must submit the following completed documents WITH THE BID: (1) MBE and WBE Participation Disclosure Forms (2) Statement of Intent Form(s) signed by both Bidder and MBE or WBE (3) MBE/WBE Participation Affidavit Any bid that does not include the MBE/WBE Participation Disclosure Form, signed Statement of Intent Form(s) and MBE/WBE Participation Affidavit is non-responsive and will be rejected. Bidder must keep a record of bidder’s efforts to obtain MBE and WBE participation. Verifying Certification Each bidder is responsible for verifying that all MBEs and WBEs to be used on a contract are certified by the Minority and Women’s Business Opportunity Office (MWBOO) before bid opening. A directory of certified MBEs and WBEs is available from MWBOO. Since changes to the Directory occur daily, the bidder should call MWBOO at 410-396-4355 to verify certification, expiration dates, and services that the MBE or WBE is certified to provide.
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Contract Requirements During the term of the contract, any unjustified failure to comply with the MBE and WBE participation requirements is a material breach of contract. Before final payment may be made under the contract, the contractor must submit the Subcontractor Utilization Form with its final payment request. The Subcontractor Utilization Form will include a list of the names of all subcontractors utilized on the contract, both MBE/WBE and non-MBE/WBE, the total amount paid to each subcontractor, and the owner’s race/ethnicity and sex. Substitution of MBE or WBE The Baltimore City Public Schools must approve substitution of an MBE or WBE specified at bid opening. Any unjustified failure to comply with this requirement is a material breach of contract. Waiver Requests If a bidder is unable to comply with a contract goal, the bidder may submit a waiver request with the bid. The waiver request must be made on the MBE/WBE Participation Waiver Request Form. No waiver will be granted unless the waiver request includes documentation that demonstrates a good faith effort to comply with the goals. MBE and WBE Participation Standards Participation of M/WBEs A business enterprise that is certified as both an MBE and WBE (M/WBE) may not be counted toward both MBE and WBE goals for the same project. The bidder must select the goal for which the business enterprise is to be counted toward. (Art.5, §28-35) Non-affiliation A bidder may not use an MBE or WBE to meet a contract goal if: 1. the bidder has a financial interest in the MBE or WBE 2. the bidder has an interest in the ownership or control of the MBE or WBE 3. the bidder is significantly involved in the operation of the MBE or WBE (Art. 5, §28-41) A bidder that is an MBE or WBE may NOT use itself to meet a contract goal. Commercially Useful Function The bidder may count toward the contract goals only expenditures to MBEs and WBEs that perform a commercially useful function in the execution of the contract. Commercially useful function means the performance of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage and supervise. (Art.5, §28-32). Subcontracting by MBE or WBE A bidder may not count toward its contract goal any agreement with a certified MBE or WBE subcontractor who intends to subcontract more than 10% of the dollar amount of the services to be performed under its agreement with the bidder. This restriction does not apply to an MBE’s
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
or WBE’s contracts for the purchase of materials, equipment, or supplies as an incident to the performance of services under its agreement with the bidder. (Art. 5, §28-34) Manufacturers A bidder may count toward the contract goal its entire expenditure to a certified MBE or WBE manufacturer. (Art. 5, §28-36) Suppliers Manufacturers - A bidder may count toward the contract goal 100% of its expenditure to a certified MBE or WBE supplier who manufactures the goods supplied. Non-Manufacturers - A bidder may count 100% of its expenditure to a certified MBE or WBE supplier who is a wholesaler warehousing the goods supplied; or who is a manufacturer’s representative. However, only 25% of each contract goal may be attained by expenditures to MBEs or WBEs that are non-manufacturing suppliers. (Art. 5, §28-37) Joint Ventures A bidder may count toward the contract goal the portion of its expenditure to a joint venture that is equal to the percentage of the MBE or WBE participation in the joint venture. The MBE or WBE member of the joint venture must have an interest in the control, management, and operation of the joint venture commensurate with the member’s percentage of ownership. The MBE or WBE that is a member of the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to its share in the ownership, control, and management of the joint venture. (Art. 5, §28-33) Insurance companies and travel agents A bidder may count toward the contract goals only 15% of its expenditure to a MBE or WBE insurance company or travel agent. (Art. 5, §28) Financial institutions A bidder may count toward the contract goals only the fees charged and earned by an MBE or WBE financial institution. (Art. 5, §28-39) If you would like to receive a copy of Article 5, Subtitle 28 of the Baltimore City Code (2007) Edition) please call MWBOO at 410-396-4355.
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
BALTIMORE CITY PUBLIC SCHOOLS MINORITY AND WOMEN’S BUSINESS OPPORTUNITY OFFICE MBE AND WBE PARTICIPATION REQUIRED FORMS Name of Bidder (Offeror): __________________________Fed. ID: _______________ Address: ______________________________________________________________ Telephone:___________________________Cell:________________________________ Email: ______________________________________ Fax:______________________ Contracting Agency _____________________________________________________ Contract (Project) Title ____________________________________________________
Contract Number: ___________________________________ Bid Due Date: _____________________________________ MBE GOAL: 27%
WBE GOAL: 10%
THIS PACKAGE OF MBE AND WBE PARTICIPATION FORMS IS DUE WITH THE BID. FOR MORE INFORMATION OR ASSISTANCE WITH THESE FORMS, CONTACT: Vastie D. Presley Minority and Women Business Liaison Officer Baltimore City Public Schools (CITY SCHOOLS) 200 East North Avenue Baltimore, Maryland 21202 Phone: 443-984-3435
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART A: INSTRUCTIONS
The requirements of the Article 5, Subtitle 28 of the Baltimore City Code (2007 Edition), are a part of this contract and are incorporated by reference. FAILURE OF ANY BIDDER, CONTRACTOR OR SUBCONTRACTOR TO COMPLY WITH ARTICLE 5, SUBTITLE 28 SHALL BE A MATERIAL BREACH OF CONTRACT. The following are included: Part A: Instructions *Part B: MBE and WBE Participation Disclosure Form *Part C: Statement of Intent Form - A Statement of Intent Form shall be completely executed for each and every MBE and WBE named in Part B. *Part D: MBE/WBE Participation Affidavit - to be completed by Bidder. Part E: MBE/WBE Participation Waiver Request Form. If you are unable to meet the MBE and WBE participation goals for this contract, the law requires you to submit a waiver request with the bid. Part F: Subcontractor Utilization Form *Part G: Prism Data Form *ALL
FORMS ARE DUE WITH BID.
For any Contract not competitively bid and awarded by the Board of School Commissioners, this form is due before the Board of School Commissioners approves the Contract or Agreement.
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART B:
MBE PARTICIPATION DISCLOSURE FORM
Use this form to list MINORITY Business Enterprises that you will use to meet the MBE Participation Goal. Please be reminded that: The same subcontractor may not be used to meet both the MBE and WBE goals. If Bidder is an MBE or WBE, Bidder may not use itself to meet either of the contract goals. Only 25% of each contract goal may be attained by expenditures to MBEs or WBEs that are non-manufacturing suppliers. (i.e. If bid amount is $100,000 and MBE goal is 15% or $15,000; then participation limit for MBE suppliers that are non-manufacturers is $3,750 or 25% of the 15% MBE goal.) If MBE sub-goals apply to this contract, each pre-determined sub-goal must be achieved and their total must equal or exceed the overall MBE contract goal. Prime Contractor’s Name: ________________________________________________ Prime Contractor’s Address: ______________________________________________ Contract Number & Title: ________________________________________________ MBE SUBCONTRACTORS Name:
Certification Number
Expiration Date
$ Amount of Subcontract
% of Total Contract
TOTAL DOLLAR AMOUNT OF CONTRACT
$ ________________
TOTAL DOLLAR AMOUNT OF MBE SUBCONTRACTS
$_________________
TOTAL MBE PERCENTAGE OF ENTIRE CONTRACT
________________%
Form Prepared by: Name and Title
Phone #
Date
(If necessary, make additional copies of this page. Each additional page must be signed and dated.)
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
(If necessary, make additional copies of this page. Each additional page must be signed and dated.)
PART B: WBE PARTICIPATION DISCLOSURE FORM
Use this form to list WOMEN’S Business Enterprises that you will use to meet the WBE Participation Goal. Please be reminded that: The same subcontractor may not be used to meet both the MBE and WBE goals. If Bidder is an MBE or WBE, Bidder may not use itself to meet either of the contract goals. Only 25% of each contract goal may be attained by expenditures to MBEs or WBEs that are non-manufacturing suppliers. (i.e. If bid amount is $100,000 and WBE goal is 6% or $6,000; then participation limit for WBE suppliers that are non-manufacturers is $1,500 or 25% of the 6% WBE goal.) Prime Contractor’s Name: ________________________________________________ Prime Contractor’s Address: ______________________________________________ Contract Number & Title: ________________________________________________ WBE SUBCONTRACTORS Name:
Certification Number
Expiration Date
$ Amount of Subcontract
% of Total Contract
TOTAL DOLLAR AMOUNT OF CONTRACT
$ ________________
TOTAL DOLLAR AMOUNT OF WBE SUBCONTRACTS
$_________________
TOTAL WBE PERCENTAGE OF ENTIRE CONTRACT
________________%
Form Prepared by: Name and Title
Phone #
Date
(If necessary, make additional copies of this page. Each additional page must be signed and dated.) RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART C: MBE/WBE AND PRIME CONTRACTOR’S STATEMENT OF INTENT COMPLETE A SEPARATE FORM FOR EACH AND EVERY MBE AND WBE NAMED IN PART B OR BID WILL BE CONSIDERED NON-RESPONSIVE. Contract Name and Number: ______________________________________________ Name of Prime Contractor: _______________________________________________ Name of MBE or WBE: __________________________________________________ MBE or WBE Certification Number: __________________ Work/Service to be performed by MBE or WBE: _______________________________________________________________________ _______________________________________________________________________ ________________________________________________________________________ Materials/Supplies to be furnished by MBE or WBE: ______________________________________________________________________________ ______________________________________________________________________________ ____________________________________________________________ Subcontract Amount: $___________________________ (If this is a requirements contract, the subcontract dollar amount may be omitted.) Subcontract percentage of total contract: ____________________%
The undersigned Prime Contractor and subcontractor agree to enter into a contract for the work/service indicated above for the dollar amount or percentage indicated, subject to the prime contractor’s execution of a contract with the Baltimore City Public Schools for the above referenced contract number. The undersigned subcontractor is currently certified as an MBE or WBE with the City of Baltimore Minority and Women’s Business Opportunity Office. ______________________________________________ Signature of Prime Contractor (REQUIRED)
_____________ Date
____________________________________________ Signature of MBE or WBE (REQUIRED)
_____________ Date
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART D: MBE/WBE PARTICIPATION AFFIDAVIT The Undersigned authorized representative of Contractor does hereby make the following Affidavit: Contractor acknowledges the MBE goal of ________% and the WBE goal of________% for Contract No./Title _____________________________________________________ with Baltimore City Public Schools (CITY SCHOOLS). My firm will make good faith efforts to achieve the MBE and WBE participation goals for this contract. I understand that, if awarded the contract, my firm must submit to Baltimore City Public Schools (CITY SCHOOLS) copies of all executed agreements with the MBE and WBE firms being utilized to achieve the participation goals and other requirements of Article 5, Subtitle 28 of the Baltimore City Code (2007 Edition). I understand that these documents must be submitted prior to the issuance of a notice to proceed. I understand that, if awarded the contract, my firm must submit to the CITY SCHOOLS canceled checks and any other documentation and reports required by CITY SCHOOLS on a quarterly basis, verifying payments to the MBE and WBE firms utilized on the contract. This request may be requested electronically by PRISM@ I understand that, if I am awarded this contract and I find that I am unable to utilize the MBEs or WBEs identified in my Statements of Intent, I must substitute other certified MBE and WBE firms to meet the participation goals. I understand that I may not make a substitution until I have obtained the written approval of CITY SCHOOLS. I understand that, if awarded this contract, authorized representatives of the Baltimore City Public Schools may examine, from time to time, the books, records and files of my firm to the extent that such material is relevant to a determination of whether my firm is complying with the MBE and WBE participation requirements of this contract. I do solemnly declare and affirm under the penalty of perjury that the contents of the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. _______________________________________ ______________________________ Contractor Company Name Signature ______________________________________ ______________________________ Address Print Name and Title Sworn and subscribed before me this _____ day of __________________, in the year ________.
_____________________________ Notary Public
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART E: MBE/WBE PARTICIPATION WAIVER REQUEST FORM
Name of Bidder (Offeror) ________________________________________________ Address _______________________________________________________________ Contracting Agency _____________________________________________________ Contract (Project) Title __________________________________________________ Contract Number: __________________
Bid Due Date: _____________________
Goals on this contract:
______% MBE
______% WBE
I have achieved
______% MBE
______% WBE
I am requesting a waiver of
______ % MBE
______% WBE
I have contacted MWBOO for assistance ______Yes
_______ No
Number of MBE firms contacted: __________ (Attach a list of names) Number of WBE firms contacted: __________ (Attach a list of names) Explain why waiver is being requested: Attach documentation of your good faith efforts to secure, contact and negotiate with MBEs and WBEs, including: (1) the reasons your company is unable to secure sufficient MBE/WBE participation to meet the stated goals. (2) The efforts made by your company to select portions of the contract to be performed by MBEs and WBEs (3) For each MBE or WBE that placed a bid that you consider to be unacceptable, a statement that explains the basis for that conclusion. ___________________________________________ Signature of Authorized Company Representative
RFP-11027
_____________ Date
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
PART F: SUBCONTRACTOR UTILIZATION FORM THIS FORM MUST BE INCLUDED WITH REQUEST FOR FINAL PAYMENT. Prime Contractor’s Name: _________________________________________________ Contract Title: ___________________________________________________________ Contract Number: ________________________________________________________ Total Contract Dollar Amount: ______________________________________________ Provide the following information for EACH AND EVERY subcontractor, both MBE/WBE and NON-MBE/WBE used on this contract. (Duplicate form if necessary.) Name of Subcontractor
Goods or services provided on subcontract
Race/ethnicity AND sex of subcontractor’s owner
Dollar amount of subcontract
Dollar amount paid to date
If amount paid to date is less than subcontract dollar amount, explain why.
Name of Subcontractor
Goods or services provided on subcontract
Race/ethnicity AND sex of subcontractor’s owner
Dollar amount of subcontract
Dollar amount paid to date
If amount paid to date is less than subcontract dollar amount, explain why
Name of Subcontractor
Goods or services provided on subcontract
Race/ethnicity AND sex of subcontractor’s owner
Dollar amount of subcontract
Dollar amount paid to date
If amount paid to date is less than subcontract dollar amount, explain why
___________________________________________________ ________________ Prime Contractor’s signature Date
RFP-11027
Rev 04/2008
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment #4
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
CERTIFIED MINORITY BUSINESS ENTERPRISE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT NOTE: You must include this document with your cost proposal or offer. If you do not submit the form with your proposal or offer, the procurement officer shall deem your non-responsive or your offer not reasonably susceptible of being selected for award. Awarded firms shall provide to the City Schools Project Manager when requested a fully completterd M/WBE form together with the cost proposal at the time when the project task is assigned to selected and approved consultant. (For additional information and assistance please contact City Schools MBE Office at: (443) 642-4364 or (443) 642-4365
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
As per State of Maryland Procurement Regulations 21.11.03 all solicitations issued on or after June 9, 2014 MBE Prime contractors can be counted up to (50%) towards the entire MBE Goal, and up to 100% towards any one of the MBE sub goals.
Part I. I acknowledge the: Overall certified MBE subcontract participation goal of 29%. and The subgoals, if applicable, of: 6% for certified African American-owned businesses 2% for certified Hispanic American-owned businesses 9% for certified Women’s owned businesses I have made a good-faith effort to achieve this goal. If awarded the contract, I will continue to attempt to increase MBE participation during the project. Only MBE firms certified by the Maryland Department of Transportation (MDOT) can be utilized to meet the MBE requirements for the contract.
Part II. Check ONE Box
NOTE: FAILURE TO CHECK ONE OF BOXES 1, 2, or 3 BELOW WILL RENDER A BID NON-RESPONSIVE OR AN OFFER NOT REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD NOTE: INCONSISTENCY BETWEEN THE ASSERTIONS ON THIS FORM AND THE INFORMATION PROVIDED ON THE MBE PARTICIPATION SCHEDULE (ATTACHMENT B) MAY RENDER A BID NON-RESPONSIVE OR AN OFFER NOT REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD 1
2
I have met the overall MBE goal and MBE subgoals for this project. I submit with this Affidavit MBE Participation Schedule [Attachment B], which details how I will reach that goal. or After having made a good-faith effort to achieve the overall MBE goal and MBE subgoals for this project, I can achieve partial success only. I submit with this Affidavit MBE Participation Schedule [Attachment B], which details the MBE participation I have achieved. I request a partial waiver as follows: Waiver of overall MBE subcontract participation goal: ____ % Waiver of MBE subcontract participation subgoals, if applicable: ____ % for certified African American-owned businesses and ____ % for certified Asian American-owned businesses. Within 10 days of being informed that I am the apparent low bidder, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation).
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment A (page 2 of 2) or 3
After having made a good faith effort to achieve the overall MBE goal and MBE subgoals for this project, I am unable to achieve any portion of the goal or subgoals. I submit with this Affidavit MBE Participation Schedule [Attachment B]. I request a full waiver. Within 10 days of being informed that I am the apparent low bidder, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation). Part III.
I understand that if I am the apparent low bidder, I must submit within 10 working days after receiving notice of the potential award.
Outreach Efforts Compliance Statement (Attachment C) Subcontractor Project Participation Statement (Attachment D) Minority Subcontractors Unavailability Certificate (Attachment E) (if applicable) Any other documentation the Procurement Officer requires to ascertain my responsibility in connection with the MBE participation goal and subgoals
I acknowledge that if I fail to timely return complete documents, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has been awarded, the award is voidable. I acknowledge that the MBE subcontractors/suppliers listed in the MBE Participation Schedule and any additional MBE subcontractor/suppliers identified in the Subcontractor Project Participation Statement will be used to accomplish the percentage of MBE participation that I intend to achieve. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided the same information and amount of time to respond as were non-MBE subcontractors. The solicitation process was conducted in such a manner so as to not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. In accordance with §14-303(b)(5) of the State Finance and Procurement Article ("SFP"), the Board of Public Works promulgated regulations requiring all contracts with Minority Business Enterprise (MBE) participation goals to include a liquidated damages provision (COMAR 21.11.03.10(E)). Code of Maryland Regulations 21.01.03.02 provides that "Each regulation adopted under this title that is in effect on the date of award of any procurement contract... is applicable to the contract." See also SFP § 11-206(a). Therefore, the MBE liquidated damages requirement became effective for all contracts awarded on or after May 13, 2013.
I solemnly affirm under the penalties of perjury that this Affidavit is true to the best of my knowledge, information, and belief. ____________________________ Bidder/Offeror Name ____________________________ Address ____________________________ Address (continued)
________________________________ Affiant Signature ________________________________ Printed Name & Title ________________________________ Date
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment B – Baltimore City Public Schools MBE PARTICIPATION SCHEDULE This document must be included with the bid or offer. If the bidder or offeror fails to submit this form with the bid or offer as required, the procurement officer shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being selected for award. 1. Prime Contractor’s Name
2. Prime Contractor’s Address and Telephone Number
3. Project/School Name
4. Project/School Location
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
5.
Solicitation #BCS-15010
6. Base Bid Amount
$
Minority Firm Address 7a. Minority Firm Name Minority Firm Telephone Number
Minority Group Type (African American ) (Asian ) (American Indian)
Minority Firm Fax Number
(Women ) (Hispanic) (Disabled)
(Women ) (Hispanic) (Disabled)
(Women ) (Hispanic) (Disabled)
MDOT Certification Number MBE/WBE is in Good Standing with Maryland Department of Assessments and Taxation: YES or NO Work to be Performed and Subcontract Dollar Amount
Percent of Total Contract Minority Firm Address
7b.
Minority Firm Name
Minority Firm Telephone Number
Minority Group Type (African American ) (Asian) (American Indian)
Minority Firm Fax Number MDOT Certification Number MBE/WBE is in Good Standing with Maryland Department of Assessments and Taxation: YES or NO Work to be Performed and Subcontract Dollar Amount
Percent of Total Contract
7c.
Minority Firm Address
Minority Firm Name
Minority Firm Telephone Number
Minority Group Type (African American ) (Asian) (American Indian)
Minority Firm Fax Number MDOT Certification Number MBE/WBE is in Good Standing with Maryland Department of Assessments and Taxation: YES or NO Work to be Performed and Subcontract Dollar Amount
Percent of Total Contract
8. MBE Total Dollar Amount
9.
10. Form Prepared by : Name
11. Reviewed and Accepted by City Schools MBE Liaison Officer Name
Total MBE Percent of Entire Contract
Title
Title
Date
Date
Total MBE Participation: Total African-American MBE Participation: Total Asian MBE Participation: Total Other Participation:
________% ________% ________% ______ %
$ ____________ $ ____________ $ ____________ $ ____________
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment C – Baltimore City Public Schools OUTREACH EFFORTS COMPLIANCE STATEMENT In conjunction with the bid or offer submitted in response to Baltimore City Public Schools System for the _________________ project, BCS # _______________, I state the following: (name)
1)
Bidder/Offeror identified opportunities to subcontract in these specific work categories:
2)
Attached to this form are copies of written solicitations (with bidding instructions) used to solicit certified MBEs for these subcontract opportunities.
3)
Bidder/Offeror made the following attempts to contact personally the solicited MBEs:
4)
Bidder/Offeror assisted MBEs to fulfill or to seek waiver of bonding Requirements (Described Efforts) This project does not involve bonding requirements.
5)
Bidder/Offeror did/did not attend the pre-bid conference No pre-bid conference was held.
_________________________________ Bidder/Offeror Name
By:
________________________
_________________________________ Address
_________________________ Name, Title
_________________________________
__________________________ Date
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment D – Baltimore City Public Schools
MINORITY BUSINESS ENTERPRISES SUBCONTRACTOR PROJECT PARTICIPATION STATEMENT PROJECT/ SCHOOL NAME: PROJECT/ SCHOOL LOCATION: LEA:
BALTIMORE CITY PUBLIC SCHOOLS
NAME OF PRIME CONTRACTOR:
____________________________________________________
NAME OF MBE SUBCONTRACTOR:
MDOT Certification Number 1. Work/Services to be performed by MBE Subcontractor:
2. Subcontract Amount: $ 3. Bonds - Amount and type required of Subcontractor if any: 4.
MBE Anticipated or Actual Commencement Date:
5.
This MBE subcontract represents the following percentage of the total contract cost:
6.
This is an African American Firm:
Yes
No
7.
This is an Asian American Firm:
Yes
No
8.
Completion Date:
This is a Women Owned, American Indian, Hispanic or Disabled Firm: Yes No (Circle One) *********************************************************************************************** The undersigned subcontractor and prime contractor will enter into a contract for the work/service indicated above upon the prime contractor’s execution of a contract for the above referenced project with the Baltimore City Board of School Commissioners. The undersigned subcontractor is a MDOT certified Minority Business Enterprise. The terms and conditions stated above are consistent with our agreements. Signature of Subcontractor: Date: ________________________
The term and conditions stated above are consistent with our agreements. Signature of Prime Contractor: Date:
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment E – Baltimore City Public Schools
MINORITY SUBCONTRACTOR UNAVAILABILITY CERTIFICATE It is hereby certified that the firm of (Name of Minority firm)
located at
(Number)
(Street)
(City)
(State)
was offered an opportunity to bid on the
(Zip)
school project
with Baltimore City Board of School Commissioners by (Name of Prime Contractor’s Firm)
************************************************************************************* 2. The (Minority Firm), is either unavailable for the work/service or unable to prepare a bid for this project for the following reason(s):
Signature of Minority Firm’s MBE Representative
Title
MDOT Certification #
3.
Date
Telephone #
To be completed by the prime contractor if Section 2 of this form is not completed by the minority firm.
To the best of my knowledge and belief, said Certified Minority Business Enterprise is either unavailable for the work/service for this project, is unable to prepare a bid, or did not respond to a request for a price proposal and has not completed the above portion of this submittal.
Signature of Prime Contractor
Title
Date
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
Attachment F – Baltimore City Public Schools
MBE WAIVER DOCUMENTATION Project Name:
PSC No.
Base Contract Amount $ Plus Accepted Alternates Equals Total Contract Amount $ I have previously requested that a waiver be granted to the overall MBE goal for this project of ____percent, with a minimum of ____ percent from certified African American-owned businesses, a minimum of ____ percent from certified Asian American-owned businesses, and the balance from all certified minority business enterprises, if applicable. This would include the total dollar value of all materials, supplies, equipment, and services, including construction services directly or indirectly, from Minority Business Enterprises (MBE) which are currently certified by the Maryland Department of Transportation (MDOT). I
, hereby certify that my position is (Name of Company Representative) , and
I am the duly authorized representative of
(Position Title) (Company Name)
I further certify that I have submitted a Schedule for Participation of Certified Minority Business Enterprises which reflects the percentage and dollar value of certified Minority Business Enterprise participation which my company expects to achieve for this contract. Therefore, the request for the waiver is as follows:
Summary MBE Participation Schedule from Attachment B
Minority Group
MBE GOAL
Percent of Total Contract a. Sub Goal African American
Dollar Value of Total Contract*
Actual MBE Dollar Participation Dollar Value
Percent of Total Contract
Request For Waiver
Dollar Value
Percent of Total Contract
____%
b. Sub Goal
____% Asian American
c. Other * in Sub Goal group a/b above
TOTALS
______%
with accepted/rejected alternates F-1
On-Call Architectural, Engineering & Construction Management Consultant Services for Baltimore City Public Schools (City Schools)
To support this request for a waiver, I include the following information as attachments which I certify to be true to the best of my knowledge. 1. A detailed statement of the efforts made by the contractor to identify and select portions of the work proposed to be performed by subcontractors in order to increase the likelihood of achieving the stated goal; 2. A detailed statement of the efforts made by the contractor prior to and up to 10 days before the bid opening to solicit minority business enterprises through written notices that describe the categories of work for which subcontracting is being solicited, the type of work to be performed, and specific instructions on how to submit a bid; 3. A detailed statement of the contractor’s efforts to make personal contact with MBE firms identified for Item 2. above; 4. A record of the name, address, telephone number, and dates contacted for each MBE identified under items 2. and 3. above; 5. A description of the information provided to MBE’s regarding the plans, specifications and the anticipated time schedule for portions of the work to be performed; 6. Information on activities to assist minority business enterprises to fulfill bonding requirements, or to obtain a waiver of these requirements; 7. Information on activities to publicize contracting opportunities to minority business enterprises, attendance at pre-bid meetings, or other meetings scheduled by the MBE Liaison or designated representative; 8. As to each MBE that placed a subcontract quotation or offer which the apparent low bidder or successful offeror considers not to be acceptable, a detailed statement of reasons for this conclusion; and 9. A list of minority subcontractors found to be unavailable. This shall be accompanied by a Minority Subcontractor Unavailability Certificate signed by the minority business enterprise or from the apparent low bidder or successful offeror indicating that the minority business did not provide the written certification.
Signature
Date (Company Representative Name)
Sworn and subscribed before me this in the year
day of Notary Public
----------------------------------------------------------------------------------------------------------------------------------------------
Reviewed and accepted by the Baltimore City Public Schools MBE Liaison Officer.
Signature
Date (City Schools Representative Name)
G-1
Attachment #5
Attachment #5
®
AIA Document B102 – 2007 TM
Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services Editing Template CAUTION: Take care not to remove or otherwise edit Project Data fill-point areas (Basic Information, Contract Details and Project Team) when making edits to this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) The Board of School Commissioners for Baltimore City Public Schools (City Schools) System and Mayor and City Council of Baltimore »« » «200 E. North Avenue Baltimore, Maryland 21202
ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
and the Architect: (Name, legal status, address and other information) « « « «
»« » » » »
for the following Project: (Name, location and detailed description) « » « » « » The Owner and Architect agree as follows.
ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.
AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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TABLE OF ARTICLES 1
ARCHITECT’S RESPONSIBILITIES
2
OWNER’S RESPONSIBILITIES
3
COPYRIGHTS AND LICENSES
4
CLAIMS AND DISPUTES
5
TERMINATION OR SUSPENSION
6
COMPENSATION
7
MISCELLANEOUS PROVISIONS
8
SPECIAL TERMS AND CONDITIONS
9
SCOPE OF THE AGREEMENT
ARTICLE 1 ARCHITECT’S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect’s services or identify an exhibit or scope of services document setting forth the Architect’s services and incorporated into this document in Section 9.2) « » § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability « » .2
Automobile Liability « »
.3
Workers’ Compensation « »
AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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.4
Professional Liability « »
ARTICLE 2 OWNER’S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 3.3 shall terminate. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 3.3.1. § 3.4 Except for the licenses granted in this Article 3, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2007, General Conditions of the Contract for Construction, if applicable. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 5.7. § 4.2 MEDIATION § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ « » ] Arbitration pursuant to Section 4.3 of this Agreement AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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[ « » ] Litigation in a court of competent jurisdiction [ « » ] Other (Specify) « » § 4.3 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 5.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 5.7. § 5.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect’s anticipated profit on the value of the services not performed by the Architect. § 5.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) « » § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus an administrative fee of « » percent ( « » %) of the expenses incurred.
AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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§ 6.3 COMPENSATION FOR USE OF ARCHITECT’S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of the Architect’s Instruments of Service solely for purposes of the Project as follows: « » § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of « » ($ « » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid « » ( « » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) « »%« » § 6.4.3 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. § 7.8 If the Architect or Owner receives information specifically designated by the other party as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: « » ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B102–2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201–2007, Digital Data Protocol Exhibit, if completed, or the following: « » .3
Other documents: (List other documents, including the Architect’s scope of services document, hereby incorporated into the Agreement.) « »
This Agreement entered into as of the day and year first written above. OWNER
ARCHITECT
(Signature) Gregory E. Thornton, Ed.D. Chief Executive Officer (Printed name and title)
(Signature) « »« » (Printed name and title)
AIA Document B102™ – 2007 (formerly B141™ – 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template produced by AIA® Contract Documents software for producing a customized document.
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