524048 - Agency Wide Paving RFP.pdf

REQUEST FOR PROPOSALS

FOR

AGENCY WIDE PAVING

ALL MARINE TERMINALS

CONTRACT NO. 524048

EMARYLAND MARKETPLACE ADVANTAGE SOLICITATION NO. BPM058299

ISSUE DATE: August 6, 2026

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) https://emma.maryland.gov should register on eMMA.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

https://emma.maryland.gov/

Contract No. 524048 I MPA—Agency Wide Paving

SPECIAL NOTICE TO BIDDERS

Transportation Worker Identification Credential (TWIC)

The Transportation Worker Identification Credential (TWIC) is a Federally mandated vital security measure designed to ensure that individuals who pose a threat do not gain access to restricted and/or secure areas of the nation's maritime transportation system.

TWIC was established by Congress through the Maritime Transportation Security Act (MTSA) and is administered by the Transportation Security Administration (TSA) and U.S. Coast Guard. TWICs are tamper-resistant biometric credentials that will be issued to workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities and all credentialed merchant mariners.

Most persons who will perform work on marine terminals under a contract with the Administration will be required to obtain a TWIC. See Special Provision SP-31 for MPA TWIC requirements for this contract.

Enrollment and issuance began at the Port of Baltimore, Maryland on November 21, 2007. To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA. Pre-enrollment is recommended as it is designed to save applicants time by enabling them to provide their biographical information and make an appointment for in-person enrollment.

For more information about the TWIC program and how to enroll please visit the TSA TWIC website at https://www.tsa.gov/for-industry/twic.

The local TWIC enrollment center is located at:

TWIC Enrollment Center Suite 220 2200 Broening Hwy Baltimore, MD 21224 https://www.tsa.gov/for-industry/twic

Contract No. 524048 II MPA—Agency Wide Paving

NO BID/PROPOSAL NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Agency Wide Paving, All Marine Terminals

Contract No: 524048

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Proposal is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ____________________________________________ Date: _______________________

Contact Person: ____________________________________ Phone (____) _____ - _________________

Address: _____________________________________________________________________________

E-mail Address: _______________________________________________________________________

Contract No. 524048 III MPA—Agency Wide Paving

TABLE OF CONTENTS

Special Notice to Offerors/Bidders No Bid/Proposal Notice/Vendor Feedback Form Key Information Summary Sheet

Section 1 Introduction

General Scope of the Contract Minimum Qualifications and Experience Requirements

Section 2 Administrative and Contractual Information Section 3 Proposal Format and Required Documents Section 4 Price Proposal Form Section 5 Selection for Award Exhibits Exhibit 1 Technical Specifications

Exhibit 2 Price Proposal Form (AWP - 524048–Excel File) Attachments Attachment 1 Index to Special Provisions & Special Provisions

Attachment 2 Bid/Proposal Affidavit Attachment 3 Proposal Bond Attachment 4 Conflict of Interest Affidavit Attachment 5 Confidentiality and Non-Disclosure Agreement (NDA) Attachment 6 RESERVED Attachment 7 MBE Forms and MBE Participation Factors Form, if applicable Attachment 8 VSBE Forms, if applicable Attachment 9 SBR Affidavit, if applicable Attachment 10 Contractor’s Questionnaire Attachment 11 MPA General Provisions for Construction Contracts Attachment 12 Sample Contract Agreement Attachment 13 Sample Contract Affidavit Attachment 14 Sample Payment and Performance Bonds Attachment 15 Prevailing Wages and Wage Rate Schedule Attachment 16 Pre-Proposal Conference & Site Visit RSVP Form Attachment 17 Certification of American-Manufactured Goods

Appendices Appendix I Contractor Environmental Handbook Appendix II Master HASP for Chrome-Related (CR) Work Projects Appendix IIa Model Plan SSHASP for Potentially Chromium-Related Work Projects Appendix IIb Model Plan SSHASP for Chromium-Related Work Projects Appendix III Agency Wide Paving Drawings - Drawings/Permits (See 2.27.3 about NDA)

Contract No. 524048 IV MPA—Agency Wide Paving

KEY INFORMATION SUMMARY SHEET

REQUEST FOR PROPOSALS (“RFP”) NO. 524048

Request for Proposals: Agency Wide Paving at All Marine Terminals

Contract Number: 524048 eMMA Solicitation: BPM058299

Facility: All Marine Terminals

Counties: Baltimore City, Baltimore County

Advertisement Date: August 6, 2026

Pre-Proposal Conference: August 13, 2026, 11:00 AM Local Time via Microsoft Teams

Please RSVP Via Attachment 16 to receive conference/visit details.

Questions Due Date: August 20, 2026, 3:00 PM Local Time

Closing Date and Time: September 15, 2026, 2:00 PM Local Time

Procurement Officer: Fitzgerald Brutus Maryland Port Administration

Office of Procurement Suite 1100, 401 East Pratt Street Baltimore, Maryland 21202

Phone: (410) 385-4834 e-mail: fbrutus1@marylandports.com

Contract Manager: Maria Fernandez Maryland Port Administration

Office of Engineering Suite 1653, 401 East Pratt Street Baltimore, Maryland 21202

Proposals are to be sent to: Fitzgerald Brutus at fbrutus1@marylandports.com

Contract Value: Not-to-exceed $10,000,000.00

Project Duration: 1095 calendar days

MBE Subcontracting Goal: 15%

VSBE Subcontracting Goal: 2%

Liquidated Damages: MBE Liquidated Damages – See Section 2.34.2 Work Order Liquidated Damages – See Section 1.3.1 mailto:fbrutus1@marylandports.com

Contract No. 524048 5 MPA—Agency Wide Paving

SECTION 1 INTRODUCTION

1.1 BACKGROUND AND OBJECTIVE

The Maryland Port Administration (“MPA” or the “Administration”), a modal administration of the Maryland Department of Transportation (“MDOT”), is responsible for promoting waterborne commerce within the State of Maryland (the “State”) and for managing, operating and improving State-owned marine terminals at the Port of Baltimore and The World Trade Center Baltimore

(“WTC”).

MPA is soliciting competitive sealed proposals from qualified contractors to furnish all labor, equipment, and materials necessary for the Agency Wide Paving at All Marine Terminals.

1.2 DEFINITIONS

1.2.1 Certain terms used in this RFP are defined elsewhere in the document, in Division II of the State Finance and Procurement Article of the Annotated Code of Maryland, and in COMAR Title 21 (State Procurement Regulations).

1.2.2 In addition to those terms, the following terms have the definitions stated.

A. “Contract” means the contract between the MPA and the successful offeror awarded a contract as a result of this solicitation. The Contract has been designated Contract No. 524048 by the MPA.

B. “Contractor” means the contractor entering into the Contract with the MPA as a result of this solicitation.

1.3 GENERAL SCOPE OF THE CONTRACT

1.3.1 The Contract will require an experienced contractor licensed in the state of Maryland to perform the following;

The Work as defined in General Provisions GP-1.05 to be performed under this Contract consists of the furnishing of all materials and equipment and the performance of all labor to complete the Work.

The work associated with this contract includes: asphalt paving; removal and patching of asphalt and concrete pavements; pavement milling; joint and crack sealing; bituminous asphalt overlays; slurry seal coating; adjustment and reconstruction of manholes and inlets; removal of concrete curbs, gutters, and sidewalks; pavement markings; maintenance of traffic; sediment and erosion control;

trenching; excavation and grading; to be completed in accordance with the Specifications; all applicable codes, sketches and other contract documents and any addenda thereto, and all related work at locations designated by the Engineer.

All of the aforementioned Work shall be performed at the Administration’s Dundalk Marine Terminal, North Locust Point Marine Terminal, Fairfield Marine Terminal, South Locust Point Marine Terminal, Masonville Marine Terminal, Hawkins Point Marine Terminal, and World Trade Center Building, Baltimore, Maryland. The Contract covers all MPA facilities. The locations indicated in the Contract documents are the anticipated work locations. Work locations may be changed or added as “Work Orders” or “Subtasks” are issued.

Contract No. 524048 6 MPA—Agency Wide Paving

The aforementioned Work shall conform to all the terms, conditions, and Contract provisions of the Contract Documents included in this solicitation, including but not limited to, the MPA General Provisions For Construction Contracts, the Special Provisions, the Technical Specifications (including specifications by Section Reference to Maryland State Highway Administration (SHA) Standard Specifications for Construction and Materials, dated July 2026, with all the latest addenda, hereinafter abbreviated as “SHA Standard Specifications”).

The contract awarded shall allow for 1095 calendar days for the completion of the work. Liquidated damages of $1,433.00 will be assessed for each day the work of the “Work Order” or “Subtask” under the contract remains incomplete. The completion time granted for each “Work Order” or “Subtask” shall be granted to the Contractor by the Engineer at the Work Order Pre-Construction Conference or as amended and shall include full completion, clean-up, clearing, and opening of each area.

1.3.2 This RFP is to be read and construed as a whole.

1.3.3 References in this RFP to employees of the Contractor include employees of subcontractors of the Contractor, unless the context reasonably requires a different interpretation.

1.4 MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

1.4.1 The Prime Contractor and all indicated Subcontractors shall provide verification of recent experience in similar work directly related to the size, scope and complexity of this Contract. The following represents the minimum acceptable level of competency required for this Contract:

• The Prime Contractor shall have at least ten years of experience as a Company performing

(paving) work of the same scope and magnitude as required by this Contract. The experience of officers, employees, personnel, or subcontractors of the Company may not be counted to satisfy the required ten years’ experience requirement for the company. If the Company is a Joint Venture, at least one of the firms of the Joint Venture shall possess this experience. The Contractor must provide references with its Offer that demonstrate the required experience on a minimum of five projects of similar scope. Pertinent work experience shall be submitted with the Contractor’s Questionnaire. When submitting the Contractor’s Questionnaire, the Contractor must include the name and phone number of a contact person for each project listed.

Experience of individual personnel in the company shall not count towards meeting the required experience for the company.

• The Prime Contractor shall provide a letter from a material supplier stating their intent and willingness to enter into a binding agreement with the Prime Contractor for the supply of Hot Mix Asphalt (HMA). The material supplier shall be within a 20-mile radius of Dundalk Marine Terminal (DMT).

Minimum Requirements for Supplier Letter

The Letter of Commitment shall:

• Be on the supplier’s official letterhead;

• Signed by an authorized representative of the supplier;

• Clearly identify project name, Prime Contractor, and materials;

• State intent to supply materials upon contract award;

• Acknowledge capacity and availability to meet the project schedule; and

Contract No. 524048 7 MPA—Agency Wide Paving

• Include supplier contact information

• All waterfront work, if assigned as part of a work order, shall be performed by a marine contractor licensed by the Marine Contractors Licensing Board (MCLB) in accordance with Title 17 of the Environment Article, Annotated Code of Maryland. A list of licensed marine contactors may be obtained by contacting the MCLB at 410-537-3249, by email at MDE.MCLB@maryland.gov or by accessing the MDE MCLB webpage.

1.4.2 MAJOR ELEMENTS OF WORK AND SPECIALTIES

The work consists of the specialties identified in the checklist below. Prime and subcontracting firms and personnel shall demonstrate proficiency in these areas.

HMA pavement milling HMA and portland cement concrete pavement removal Test pavements Furnishing and installing HMA surface and base courses Full depth and partial depth concrete pavement patching Asphalt and concrete joint crack Sealing Concrete pavement, plain and reinforced Concrete pavement, continuously reinforced Asphalt wedging and leveling Adjusting existing manholes, inlets and roadway boxes Furnishing and installing inlet frames and grates Furnishing and installing manhole frames and covers Furnishing and installing special inlet structures, frames and grates Furnishing and installing bollards, fence, fence gates, and traffic barriers Furnishing and installing pavement markings (thermoplastic and painted), including obliteration of existing pavement markings

1.4.3 KEY STAFF

The Prime Contractor shall identify and provide three key staff persons in the following positions: Project Manager, Construction Superintendent, and Health and Safety Officer. The Prime Contractor may not replace any of the persons identified for these positions without the approval of the Contract Manager.

Key Staff 1—Project Manager: Fifteen years of experience in managing construction, schedules, infrastructure projects for government contracts. Experience must include engineering or managing civil construction projects, or marine projects that include marine terminal deck repairs. The Contractor shall submit a resume for the Project Manager with Contractor’s Questionnaire Attachment 10. Must attend production meetings. Must be available to be on site within two hours for emergency projects. Must be able to obtain Transportation Worker Identification Credential (TWIC) prior to the Contract’s Notice to Proceed. This person will be the main point of communication to the Project Team and shall be an employee of the prime Contractor or prime joint venture constituents.

Key Staff 2—Construction Superintendent: Ten years of experience in leading and managing the on-site construction team for asphalt and concrete pavement projects, heavy marine or bridge mailto:MDE.MCLB@maryland.gov

Contract No. 524048 8 MPA—Agency Wide Paving concrete construction within the East Coast of the United States. Experience in coordinating and overseeing all work on site, attending production meetings, monitoring and ensuring on-site safety compliance, cleanliness, and orderliness. Over this period of time the Superintendent shall have demonstrated increasing level of responsibility as a Foreman, Superintendent, QC Manager, Project Manager or Construction Manager for projects similar in scope to this Contract. The Contractor shall submit a resume for the Superintendent with Contractor’s Questionnaire Attachment 10. Must be available to be on site within two hours for emergency projects. The Construction Superintendent shall obtain a Transportation Worker Identification Credential (TWIC) prior to the Contract’s Notice to Proceed.

Key Staff 3—Health and Safety Officer (HSO): Five years of experience of worksite safety procedures. Over this period of time the HSO shall have demonstrated increasing level of responsibility as a Safety Inspector for projects similar in scope to this Contract. The HSO must be dedicated and not perform or share any other responsibilities. The Contractor shall submit a resume for the HSO with the Contractor’s Questionnaire. The resume must include a list of dedicated contracts, educational background, certifications, and additional relevant project experience. The resume must also include certificates for the 40-hour OSHA Hazardous Waste Operations Emergency Response trained as per 29 CFR 1910 and 8-hour OSHA Supervisor trained as per 29 CFR 1910. The HSO shall obtain a Transportation Worker Identification Credential (TWIC) prior to the Contract’s Notice to Proceed.

Contract No. 524048 9 MPA—Agency Wide Paving

SECTION 2 ADMINISTRATIVE AND CONTRACTUAL INFORMATION

2.1 PROCUREMENT OFFICER

This RFP has been issued by:

Fitzgerald Brutus, Procurement Officer Maryland Port Administration, Office of Procurement 401 E. Pratt Street, Suite 1100 Baltimore, MD 21202 Phone: 410-385-434 Email: fbrutus1@marylandports.com

The sole point of contact in the State for purposes of this RFP is the Procurement Officer.

2.2 TIME AND DATE FOR RECEIPT OF PROPOSALS

2.2.1 Offerors must submit Technical Proposals and Price Proposals by email to the Procurement Officer at fbrutus1@marylandports.com Both Technical and Price Proposals must be received by the Procurement Officer on or before the date and time listed in the Key Information Summary Sheet at the beginning of this RFP. Proposals not received in the Procurement Officer’s email inbox by this time and date are late and will not be considered except as otherwise provided by State law.

2.2.2 Offerors are solely responsible for assuring that their proposals are received in the Procurement Officer’s email inbox on or before the scheduled time and date for receipt of proposals. Proposals will not be opened publicly. The date and time of the email submission is determined by the date and time of arrival of all required files in the Procurement Officer’s email inbox.

2.2.3 Oral, fax, telegraphic, mailed or hand-delivered proposals will not be accepted. Proposals are not being accepted via eMMA.

2.3 SUBMISSION OF PROPOSALS

Technical Proposals and Price Proposals must be emailed in two or more separate emails to the Procurement Officer. The emailed proposals must be received in the Procurement Officer’s inbox by the due date and time specified on the Key Information Summary Sheet or the proposals will be rejected. Evidence that the email was sent prior to the deadline is NOT evidence of receipt by the Procurement Officer prior to the deadline. The Offeror is solely responsible for ensuring that the Procurement Officer receives the emails by the deadline.

Technical Proposal The MPA can only accept emails that are less than or equal to 12MB. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information.

This email shall include:

A. Subject line “524048 Technical” plus the Contractor’s Name.

B. One attachment labeled “524048 Technical plus the Contractor’s Name or initials” containing all

Technical Proposal Attachments, signed and submitted in PDF format.

Contract No. 524048 10 MPA—Agency Wide Paving

Financial Proposal The Financial Proposal shall be contained in one email with password protection. The MPA will contact Offerors for the password to open each file. Each file shall be encrypted with the same password. The Procurement Officer will only contact those Offerors with proposals that are reasonably susceptible for award. Offerors that are unable to provide a password that opens the Financial Proposal documents will be deemed not susceptible for award. Subsequent submissions of financial content will not be allowed.

This email shall include:

A. Subject line “524048 Financial” plus the Contractor’s Name or initials.

B. One attachment labeled “524048 Financial plus the Contractor’s Name or initials” containing the

Contract Financial Proposal contents, signed and submitted in PDF format.

C. One attachment labeled “524048 Financial plus the Contractor’s Name or initials” containing the

Contract Financial Proposal in Excel format.

2.4 DURATION OF OFFER

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 1095 days following the Proposal due date and time, best and final offers if requested, or the date any protest concerning this RFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement if it is determined to be in the MPA’s best interest to do so. Once an offer is accepted, all prices, terms, and conditions will remain unchanged throughout the contract period.

2.5 PRE-PROPOSAL CONFERENCE & SITE VISIT INSTRUCTIONS:

There will be a pre-proposal conference on the date and time listed in the Key Information Summary Sheet at the beginning of this RFP.

The purpose of the pre-proposal conference is to explain the procurement requirements of this solicitation. The pre-proposal conference is not mandatory. However, it is strongly recommended that interested Offerors attend. The conference will be held via Microsoft Teams. To receive conference call details please email Attachment 16, Pre-Proposal Conference & Site Visit RSVP Form to the Procurement Officer.

This information must be emailed to the Procurement Officer no later than 2:00 PM Local Time on August 12, 2026.

2.6 QUESTIONS AND INQUIRIES

Questions and other inquiries must be submitted to the Procurement Officer in writing. Questions subsequent to the pre-proposal meeting date are to be submitted in writing via email to the Procurement Officer no later than the date and time listed in the Key Information Summary Sheet at the beginning of this RFP. Questions must be submitted in writing. A summary of significant questions and answers will be distributed to offerors receiving the RFP or who are known to the Procurement Officer to have obtained the RFP. Answers to all questions that are not clearly specific only to the requestor will be published on eMMA as an addendum. The statements and

Contract No. 524048 11 MPA—Agency Wide Paving interpretations contained in response to any questions, whether responded to verbally or in writing, are not binding on the MPA unless it issues an addendum.

2.7 COMPLETION OF PROPOSALS

2.7.1 Bid/Proposal Affidavit. Each offeror must submit with its Technical Proposal an executed Bid/Proposal Affidavit. A copy of this Bid/Proposal Affidavit is attached to this RFP as Attachment 2.

2.7.2 Offeror’s Signature: Technical and Price Proposals and affidavits must be signed by an individual authorized to bind the offeror. By submission of a proposal, the offeror warrants that the individual signing the proposal, affidavits, and other documentation submitted on behalf of the offeror has authority to bind the offeror to the documents signed and to the promises and representations made in those documents.

2.7.3 Proposal Form. Proposals should be prepared simply and economically, providing a clear, concise description of the proposal. Oral, fax, telegraphic, mailed, or hand-delivered proposals will not be accepted.

2.7.4 Incurred Expenses. The MPA will not be responsible for any costs incurred by an offeror in preparing and submitting a response to this RFP.

2.7.5 Bid/Proposal Bond. Each offeror must submit with its Price Proposal a proposal bond from a corporate surety in the amount of five percent (5%) of the Price Proposal shown on the Price Proposal Form submitted by the offeror. A copy of the required Proposal Bond form is attached as Attachment 3.

2.8 PERFORMANCE AND PAYMENT BONDS

A Performance Bond and a Payment Bond from a corporate surety will be required from the selected offeror within ten business days following notice of award and prior to execution of the Contract by the MPA. The penal sum of the Performance and Payment Bonds shall be the amount of the Price Proposal shown on the final Price Proposal Form submitted by the offeror and accepted by the MPA, or the amount provided in GP-3.03B of the MPA General Provisions for Construction Contracts. The required bond forms are attached to this RFP as Attachment 14.

2.9 MULTIPLE AND ALTERNATE PROPOSALS

Multiple and alternate proposals will not be accepted from a single offeror.

2.10 ADDITIONAL INFORMATION

2.10.1 Each offeror is responsible for reading and fully understanding the terms and conditions of this RFP. Any offeror finding any discrepancy in or omission from the RFP, or who is in doubt as to the meaning of any provision of this RFP, must direct questions or requests for clarification in writing to the Procurement Officer at the earliest possible time.

2.10.2 In the event it becomes necessary to revise any part of the RFP, or if additional information is required to enable potential Offerors to interpret the provisions of the RFP, an amendment will be issued by the MPA and posted on eMaryland Marketplace Advantage. PROSPECTIVE

Contract No. 524048 12 MPA—Agency Wide Paving

OFFERORS SHOULD REVIEW EMARYLAND MARKETPLACE ADVANTAGE

PERIODICALLY TO DETERMINE WHETHER OR NOT THE MPA HAS ISSUED AN

AMENDMENT TO THIS RFP. MPA is not responsible for notifying offerors of amendments to the RFP other than by posting amendments on eMaryland Marketplace Advantage.

2.11 CANCELLATION OF RFP; REJECTION OF ALL PROPOSALS

The MPA may cancel this RFP, in whole or in part, or may reject all proposals submitted in response to the RFP, whenever this action is determined to be fiscally advantageous to the MPA or otherwise in its best interests. This RFP creates no obligation on the part of the MPA to award a contract.

2.12 PROCUREMENT METHOD; APPROVALS

2.12.1 This procurement is being conducted in accordance with the Code of Maryland Regulations (COMAR), Title 21, State Procurement Regulations, COMAR 21.05.03, Competitive Sealed Proposals.

2.12.2 Award of a contract will be subject to the approval of the Maryland Port Commission and the Board of Public Works.

2.13 ACCEPTANCE OF TERMS AND CONDITIONS; COMPLIANCE WITH LAW

By submitting a proposal in response to this RFP, an offeror will be deemed to have accepted all the terms, conditions, special conditions, and requirements set forth in this RFP, and if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the contract, including but not limited to, all applicable licensing requirements.

2.14 MINORITY BUSINESS ENTERPRISE SUBCONTRACTING

2.14.1 The MPA has established for this procurement Minority Business Enterprise (“MBE”) subcontractor participation goals of fifteen percent (15%) overall, with no subgoals. Bidders must attempt in good faith to achieve the stated goals. For further instructions and forms see:

Attachment 7; Title 14, Subtitle 3 of the Annotated Code of Maryland; and COMAR 21.11.03.

2.14.2 A current directory of MBEs is available through the Maryland Department of Transportation, Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, MD 21076. The phone number is 410-865-1269. The directory is also available at:

https://marylandmdbe.mdbecert.com/.

2.15 VETERAN-OWNED SMALL BUSINESS ENTERPRISE (VSBE)

SUBCONTRACTING

2.15.1 Veteran-owned Small Business Enterprises, or VSBEs, status MUST be verified by the Maryland Department of Veterans Affairs https://gomdsmallbiz.maryland.gov/Pages/VSBE- Program.aspx and registered on eMarylandmarketplace.com. For more information please visit https://goma.maryland.gov.

Questions or concerns regarding the VSBE requirements of this RFP must be raised before the opening of proposals.

https://marylandmdbe.mdbecert.com/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgomdsmallbiz.maryland.gov%2FPages%2FVSBE-Program.aspx&data=05%7C01%7Cmriesett1%40marylandports.com%7C8bc80e12931046cc627c08da9a5775b0%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637991997666681553%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9o12qcBVsnOg1LmhkZCSwQQpdWCWB7CHyCbAjwhlhlE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgomdsmallbiz.maryland.gov%2FPages%2FVSBE-Program.aspx&data=05%7C01%7Cmriesett1%40marylandports.com%7C8bc80e12931046cc627c08da9a5775b0%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637991997666681553%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9o12qcBVsnOg1LmhkZCSwQQpdWCWB7CHyCbAjwhlhlE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgoma.maryland.gov%2F&data=05%7C01%7Cmriesett1%40marylandports.com%7C8bc80e12931046cc627c08da9a5775b0%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637991997666681553%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=PKYYyuBNt4JPnys8KUhAi8cNXsxJPzo6Icr2k8%2B8C5k%3D&reserved=0

Contract No. 524048 13 MPA—Agency Wide Paving

2.15.2 Please note that when a certified VSBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified VSBE firm performs with its own forces toward fulfilling up to one hundred percent (100%) of the VSBE participation goal.

2.15.3 Contractor shall structure its procedures for the performance of work required in this contract to attempt to achieve the VSBE goal stated in the Request for Proposal. VSBE performance must be in accordance with this Section and as authorized by Code of Maryland Regulations (COMAR)

21.11.13. Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this Section.

2.15.4 A VSBE subcontract participation goal of two percent (2%) of the total contract dollar amount has been established for this procurement. By submitting a response to this solicitation, the Bidder/Offeror agrees that this percentage of the total dollar amount of the contract will be performed by verified VSBEs.

2.15.5 A Bidder/Offeror must include with its proposal a completed VSBE Utilization Affidavit whereby:

• the Bidder/Offeror acknowledges it a) intends to meet the VSBE participation goal; or b) requests a full or partial waiver. If the Offeror commits to the full VSBE goal or requests a partial waiver, they shall commit to making a good faith effort to achieve the stated goal.

• the Bidder/Offeror responds to the expected degree of VSBE participation as stated in the solicitation, by identifying the specific commitment to VSBEs at the time of submission. The Offeror shall specify the percentage of contract value associated with each VSBE subcontractor identified on the VSBE Participation Schedule.

If a Bidder/Offeror fails to submit the VSBE Utilization Affidavit with the proposal as required, the Procurement Officer may determine that the proposal is non-responsive.

Within ten working days from notification that it is the apparent awardee, the awardee must provide the following documentation to the Procurement Officer:

A. VSBE Participation Schedule;

B. If the apparent awardee believes a full or partial waiver of the overall VSBE goal is necessary, it must submit a fully documented waiver request that complies with COMAR 21.11.13.07; and

C. Any other documentation required by the Procurement Officer to ascertain Offerors responsibility in connection with the VSBE participation goal.

When submitting a proposal, a completed VSBE Subcontractor Goal Form (Attachment 8) for the Overall VSBE Goal must be submitted. Be advised that the documents must be completed in their entirety with accurate information.

2.16 AWARD OF CONTRACT

2.16.1 Shortly after sending the successful offeror notice of intent to award, MPA will forward the formal Contract form to the offeror for execution. In addition to the executed Contract form (a sample

Contract No. 524048 14 MPA—Agency Wide Paving copy of which is attached as Attachment 12), the Contractor must furnish the following in the form and content as required by this RFP:

A. The required Performance Bond and Payment Bonds;

B. Certificates of insurance as required;

C. MBE Forms C & D required prior to award (see Attachment 7)

D. VSBE Forms E-1, E-1A, & E-1B required prior to award (see Attachment 8)

E. An executed Contract Affidavit (a copy of which is attached hereto as Attachment 13); and

F. Such other documents as may be specified elsewhere in the RFP or required by the MPA.

2.16.2 The executed Contract form and additional documentation must be returned to the MPA within ten (10) business days of receipt of the notice of intent to award. This documentation is a prerequisite for execution of the contract by the MPA.

2.17 MANDATORY CONTRACT TERMS

The Contract is subject to all terms and conditions set forth in this RFP as well as the MPA General Provisions Construction Contracts attached to this RFP as Attachment 11.

2.18 PROCUREMENT STATUTES AND REGULATIONS

This RFP and the resulting Contract will be governed by applicable provisions of the State Finance and Procurement Article of the Annotated Code of Maryland and COMAR Title 21 (State Procurement Regulations) and by other applicable statutes, regulations, and laws.

2.19 PROTESTS AND CLAIMS

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

2.20 DISCLOSURES TO THE SECRETARY OF STATE

The Contractor agrees to comply with Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $200,000 or more during a calendar year will, within 30 days of the time when the $200,000 is reached, file with the Secretary of State a list containing the names and addresses of its resident agent, each of its officers, and any individual who is a beneficial owner of the business.

2.21 PUBLIC INFORMATION ACT NOTICE

Offerors should give specific attention to the identification of those portions of their proposals which they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed by the State under the State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

Contract No. 524048 15 MPA—Agency Wide Paving

2.22 ARREARAGES

By submitting a response to this solicitation, an offeror will be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and will not become so in arrears during the term of the Contract.

2.23 CONTRACT DURATION: 1095 CALENDAR DAYS FROM NOTICE TO PROCEED

2.24 CONTRACT MANAGER

The Contract Manager monitors the daily activities of the Contract and provides guidance to the Contractor. The MPA Contract Manager is:

Maria Fernandez Maryland Port Administration Office of Engineering World Trade Center, Baltimore Suite 1653, 401 East Pratt Street Baltimore, Maryland 21202

The MPA may change the Contract Manager at any time by written notice to the Contractor.

2.25 COMMERCIAL NONDISCRIMINATION

2.25.1 As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

2.25.2 As a condition of entering into this Agreement, upon the Maryland Human Relations Commission’s request, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four years on any of its contracts that were undertaken within the state of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any

Contract No. 524048 16 MPA—Agency Wide Paving documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

2.26 CONFLICT OF INTEREST

The contract resulting from this solicitation may result in the contractor assisting the MPA in the formation, evaluation, selection, award, or execution of another State contract. Therefore, the contract is subject to the provisions of § 13-212 of the State Finance and Procurement Article, Annotated Code of Maryland, and COMAR 21.05.08.08, Conflict of Interest. Prior to award of the contract, the selected offeror must execute the affidavit attached hereto as Attachment 4, and the disclosures of the offeror in the executed affidavit must be satisfactory to the MPA.

2.27 NONDISCLOSURE OF INFORMATION

2.27.1 The offeror agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this RFP, will be kept confidential and not be disclosed to any person other than the MPA, its designated officials, employees, and authorized agents. The offeror agrees to immediately notify the MPA in writing if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this contract.

2.27.2 Prior to receiving any information deemed by the State, MDOT or the MPA to be confidential or proprietary, the Offeror, contractor or any of its subcontractors, or any employees, officers, representatives or agents of the Offeror, contractor or subcontractor, will be required to enter into a Confidentiality and Non-Disclosure Agreement. A sample Confidentiality Agreement may be found at Attachment 5.

2.27.3 The solicitation drawings will be made available to any interested offeror who completes and sends in the Confidentiality and Non-Disclosure Agreement (See Attachment 5) prior to the submission of proposals. Please email the agreement to the Procurement Officer, fbrutus1@marylandports.com.

2.28 eMARYLAND MARKETPLACE ADVANTAGE

2.28.1 eMaryland Marketplace Advantage (“eMMA”) is an electronic commerce system administered by the Maryland Department of General Services. All associated materials, the solicitation, the summary of the Pre-Proposal meeting, offerors questions and the Procurement Officers responses, amendments, and other solicitation related information will be provided via eMMA.

2.28.2 A Bidder/Offeror must be registered on eMMA in order to receive a Contract award.

Registration is free; should you have any questions regarding registration, please email the eMMA Help Desk at eMMA.helpdesk@maryland.gov.

mailto:eMMA.helpdesk@maryland.gov

Contract No. 524048 17 MPA—Agency Wide Paving

2.29 ELECTRONIC COMMUNICATION

2.29.1 Under COMAR 21.03.05, unless otherwise prohibited by law, MPA may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a contract, as provided in the Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21, Annotated Code of Maryland.

2.29.2 Participation in the solicitation process on a procurement contract for which electronic means have been authorized shall constitute consent by the bidder/offeror to conduct by electronic means all elements of the procurement of that contract which are specifically authorized under the solicitation or the contract.

2.29.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, electronic mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g. eMaryland Marketplace Advantage), and electronic data interchange.

2.29.4 In addition to specific electronic transactions specifically authorized in other sections of this RFP (e.g., Payment by Electronic Funds Transfer) and subject to the exclusions noted in this Section, the following transactions are authorized to be conducted by electronic means on the terms described:

A. The Procurement Officer may conduct this procurement using eMaryland Marketplace, email or facsimile to issue:

1. The solicitation (e.g. the RFP);

2. Any amendments;

3. Prebid or preproposal conference documents;

4. Questions and responses;

5. Communications regarding the solicitation or proposal to any offeror or potential offeror including requests for clarification, explanation, or removal of elements of an offeror’s proposal deemed not acceptable;

6. Submission of bids, if so provided elsewhere in the solicitation;

7. Notices of award selection or non-selection; and

8. The Procurement Officer’s decision on any protest or contract claim.

B. An offeror or potential offeror may use email or facsimile to:

1. Ask questions regarding this solicitation;

2. Reply to any material received from the Procurement Officer by electronic means that includes a

Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer;

Contract No. 524048 18 MPA—Agency Wide Paving

3. Request a debriefing; or,

4. Submit a “No Bid Response” to this solicitation.

C. The Procurement Officer, the Contract Administrator, and the contractor may conduct day-to-day contract administration, utilizing e-mail, facsimile or other electronic means if authorized by the Procurement Officer or Contract Administrator.

2.29.5 The following transactions related to this procurement and any contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of initial bids or proposals, except to the extent otherwise expressly provided in the solicitation;

B. Filing of notices of claim and contract claims;

C. Submission of documents determined by MPA to require original signatures (e.g. contract execution, contract modifications, etc.); or

D. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the contractor, bidder or offeror be provided in writing or hard copy.

2.29.6 Any facsimile or electronic mail transmission is only authorized to the facsimile numbers or electronic mail addresses for the identified person as provided in the solicitation, the Contract, or the direction from the Procurement Officer or Contract Administrator.

2.30 REVISIONS TO THE RFP

2.30.1 In the event it becomes necessary to revise any part of the RFP, or if any additional information is required to enable potential Offerors to interpret the provisions of the RFP, an amendment will be issued by MPA and posted on eMaryland Marketplace Advantage.

PROSPECTIVE BIDDERS/OFFERORS SHOULD REVIEW EMARYLAND

MARKETPLACE ADVANTAGE PERIODICALLY TO DETERMINE WHETHER OR NOT

MPA HAS ISSUED AN AMENDMENT TO THIS RFP. MPA is not responsible for notifying Offerors of amendments to the RFP other than by posting amendments on eMaryland Marketplace Advantage.

2.30.2 If an Amendment has revised any of the required RFP documents, make sure that you submit the revised pages in your proposal. Pricing submitted shall reflect any and all changes made through an Amendment.

2.31 CONTRACTORS RESPONSIBILITY

2.32.1 This RFP is to be read and construed as a whole.

2.32.2 Offerors agree to comply with each and every section, subsection and addendum of this solicitation. Failure to comply will result in the rejection of the Proposal. Offerors shall not change or alter any Attachment or alter any other State attachments or the Bid/Proposal will be rejected.

Contract No. 524048 19 MPA—Agency Wide Paving

2.32.3 Each Offeror is responsible for fully reading and understanding the terms and conditions of this RFP. Any Offeror finding any discrepancy in or omission from the RFP, or who is in doubt as to the meaning of any provision of this RFP, must direct questions or requests for clarification in writing to the Procurement Officer at the earliest possible time.

2.32.4 Pursuant to MD Code, State Finance and Procurement, § 13-207 and COMAR 21.06.07.09, if the Bid/Proposal submitted for this contract is $100,000.00 or more, the Awardee shall furnish both a Payment Bond and also a Performance Bond in the full amount of Contract Award as security for the completion of the Contract, or as otherwise required under the Plans, Specifications, MPA General Provisions for Construction Contracts (including, GP 3.03B) and Special Provisions. (Refer to COMAR 21.07.02.10 for a sample of forms.)

2.32.5 The Awardee shall begin work as specified in the "Notice to Proceed" (NTP).

2.32.6 Awardee shall guarantee that all work performed under this contract will be done in accordance with the Specifications, Plans, Special Provisions and in a good workmanlike manner and to guarantee to renew or repair any work which may be rejected due to defective materials or workmanship prior to final acceptance of the work.

2.32.7 Awardee shall do all "Extra Work" required to complete the work contemplated at unit prices or lump sums to be agreed upon in writing prior to starting such extra work. If unit prices or lump sums cannot be agreed upon, Awardee agrees to perform such work on a "Force Account" basis, as provided by the General Provisions.

2.32 BID/PROPOSAL GUARANTY AND BONDING REQUIREMENTS

A Proposal Security totaling five percent (5%) of the proposal amount will be required on bids of One Hundred Thousand Dollars ($100,000.00) or more. (Refer to MD Code, State Finance and Procurement, § 13-207 and COMAR 21.06.07.09)

An Offeror who elects to furnish a Proposal Bond is requested to use the form provided with this RFP. On all Proposal Bonds, the amount should be specified in dollars, both in words and in figures, or in percentages.

A. Acceptable security for bid/proposal, performance, and payment bonds is limited to:

1. A bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;

2. A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

3. Pledge of securities backed by the full faith and credit of the United States government or bonds issued by the State of Maryland;

Contract No. 524048 20 MPA—Agency Wide Paving

4. An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer; or

5. For performance security, on construction contracts, the grant of a mortgage or deed of trust on real property located in the State of Maryland when:

a. The face amount of the instrument does not exceed seventy-five percent (75%) of the contractor’s equity interest in the property, and

b. The assignment of the mortgage or deed of trust is recorded in the county land records pursuant to Real…