656514 Combined Addendum 1 - Bid-MMSSRR 1-2627.pdf

ADDENDUM NO. 1

March 18, 2026

RE: CCPS Bid # MMSSRR 1-2627 Mattawoman Middle School Roof Replacement

FROM: GALE ASSOCIATES, INC.

1122 Kenilworth Drive, Suite 206 Towson, MD 21204

TO: PROSPECTIVE BIDDERS

This addendum forms a part of the Contract Documents and modifies the Original Bidding Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Price Sheet/Form of Proposal. Failure to do so may subject the Bidder to disqualification. This Addendum consists of ten (10) specification pages and a full set of drawings.

CHANGES TO BIDDING REQUIREMENTS:

None.

CHANGES TO THE BID DATE AND TIME:

None

CHANGES TO CONDITIONS OF THE CONTRACT:

Section 0072100, See revised Attachment D, “Minority Business Enterprise (MBE) Forms.

CHANGES TO THE SPECIFICATIONS:

Section 004213 “Form of Proposal” Add attached section in its entirety.

o Revisions are in Bold.

Section 012100 “Allowances”, Para. 1.2.B, Change to read:

o Allow the sum of $15,000 for testing and inspection at the owner’s discretion;

$10,000 for HVAC related coordination, and $50,000 for unforeseen conditions and additional work, for a total of $75,000.

Section 012200 “Unit Prices”, Para. 3.1.C, Change to read o For the installation of more/less walkway pad that the two thousand two hundred

(2,200) linear feet carried in the Base Bid, as outlined in Division 07 Section “Thermoplastic Roofing”

Section 012200 “Unit Prices”, Delete Paragraphs 3.1.E,3.1F & 3.1G.

Section 012300 “Alternates”, Add attached section in its entirety.

Section 075420, “Thermoplastic Roofing”, Para 1.5.B.2: Change to read:

o No-prorated, non-penal sum, (no dollar limit), 30-year warranty period.

Section 075420, “Thermoplastic Roofing”, Added Para 2.1.C.3:

o At Roof Area Portable 1 (Alternate): .060-inch-thick PVC membrane

Section 230510, “Mechanical/Electrical General Requirements (RTU’s)”, Added Para 3.1.A.1:

o Provide pre-testing and post-testing to verify air flow of existing units.

CHANGES TO THE DRAWINGS:

See attached Revised Drawing set dated March 18, 2026

CLARIFICATIONS / QUESTIONS:

Question “004213-15 states work hours are Monday-Friday 6:00AM – 3:00PM. 011100-1.8 states work hours are 7:00AM – 8:00PM. Please clarify.”

o Refer to 011100-1.8 for work hours, at Owner’s discretion as specified.

004213 does not include line items for the unit prices listed in 012200-3.1. Please advise.

o Refer to new 004213 section and revised 012200 section.

074213-2.1.A.3, is a 12-inch-wide panel acceptable?

o Provide 16-inch wide as specified.

CHANGES TO FORM OF PROPOSAL:

See attached Revised Form of Proposal R1.

END OF ADDENDUM

Form of Proposal - Bid Addendum 1 004213-R1 - 1 of 8

SECTION 004213-R1

FORM OF PROPOSAL

PROJECT TITLE: Mattawoman Middle School – Roof Replacement

BID NUMBER: MMSSRR 1-2627

Submitted this ________ day of ____________________________________2026 by

Business Address

SUBMITTED TO: Charles County Public Schools, Charles County Board of Education

Charles County, Maryland

1. This bidder declares that the only person, firm or corporation, or persons, firms or corporations, that has or have any interest in this proposal or in the contract or contracts proposed to be taken, is or are the undersigned; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications and form of contract, and the drawings therein referred to, have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and that it is proposed and agreed, if the proposal is accepted, to contract with the Charles County Public Schools to do the required work in the manner set forth in the specifications and as shown by the drawings.

Bidder has proposed bids as indicated in paragraph 6. Bidder is required to bid on Base Bid.

2. The lump sum price on this Proposal Form is to include and cover the furnishing of all materials and labor requisite and proper, and the providing of all necessary machinery, tools, apparatus and means for performing the work, and the doing of all the above-mentioned work, in the manner set forth, described and shown in the specifications. All necessary considerations for time have been accepted.

3. In submitting this bid, Bidder represents having examined copies of all Contract Documents and of the following Addenda:

Addendum No._____ Dated_____ _ Addendum No._____ Dated_____ _

Addendum No._____ Dated_____ _ Addendum No._____ Dated_____ _

Addendum No._____ Dated_____ _ Addendum No._____ Dated_____ _

Contractor accepts responsibility to verify receipt of all addenda. Failure of any bidder to receive any addenda or interpretations shall not relieve the bidder from any obligations under this bid and as amended by all addenda. All addenda so issued shall become a part of the award and contract documents.

004213-R1 - 2 of 8

4. Contract Time: The proposed Work of the project is required to be in place, complete and ready for use no later than Four Hundred Seventy-Five (475) calendar days after the date of the Notice to Proceed.

Contract Time does not assume weather and school delays as schedule is based on calendar days and not weekdays, therefore assuming the rain days can be compensated by weekend days and evenings as required to meet the schedule.

Bidders accept the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work on time. Bidder acknowledges that all work must be inspected and approved by Charles County Public Schools and that Liquidated Damages may be assessed twice per the requirements indicated herein.

Tentative Schedule: Notice to Proceed April 16-30, 2026 Substantial Completion August 4, 2027 (Final Phase) Final Acceptance September 18, 2027 (incl. 45-day Punch List)

5. This Bid does require Bid Security in the amount of five percent (5%) of Base Bid. A letter shall accompany each Bid from the bonding company guaranteeing to issue Payment and Performance Bonds.

6. Bid Values:

Bidder agrees to provide, complete, all systems and components as indicated on the plans and project manual for the complete roof replacement at Mattawoman Middle School. Any materials or services required for the completion of the work indicated, including complete functionality of all utilities, shall be provided. All work to be in accordance with local and state codes as well as the Safety Officer and Energy Manager of Charles County Public Schools. The roof replacement work must be self-preformed. Mechanical Work is critical and shall be fully functional at the end of each period as scheduled.

6.1 BASE BID:

Provide all labor, materials, and equipment, and perform all work required to replace the existing roof with a new 0.80 mil PVC single ply roof membrane and tapered R-30 insulation at Mattawoman Middle School, all in strict accordance with the project drawings, specifications and roofing manufacturer’s requirements for a 30-year NDL warranty. Acknowledging the project requirements DO exceed the base manufacture requirements.

The contractor attests they fully understand the project and the schedule as presented and accept the project scope and schedule.

TOTAL BASE BID OF:

Total Base Bid: ________________________________________________________

______________________________________ Dollars ($ __________________)

004213-R1 - 3 of 8

6.2 ALLOWANCES:

The above stated Lump Sum Bid includes the following listed allowances. Any allowance balance unused at the end of construction shall be remanded back to the Owner. All Allowances exclude general contractor profit, overhead, administration and bond as that value shall be covered in the base contract, see Section 01 21 00 – Allowances.

Allowance A: Owner Coordination (mechanical water testing, Air Balance, Third party Commissioning) $10,000.00

Allowance B: Testing and Inspection- Owners discretion for additional testing $15,000.00

Allowance C: For unforeseen conditions and additional work $50,000.00

Cash Allowances (A to C above) $75,000.00

Additional descriptions and clarifications can be found in Section 01 21 00 Allowances.

6.3 ALTERNATE BIDS:

Special Instructions: Submit a bid on each of the alternates as identified in the bid documents and listed below. Do not enter “No Bid”. If the alternate does not affect your price, enter $0.00 (zero dollars).

Indicate whether the price quoted is an addition or a deduct. If no indication is made, the quote will be considered an additive alternate value. Additional descriptions and clarifications can be found in Section 01 23 00 - Alternates.

6.3.1 Bid Alternate #1

Change from Raising RTU’s with new curbs to maintain existing RTU’s with existing curbs. Alternate must include Roof Manufacturer Approval of liquid flashings at low RTU locations to maintain Manufacturer’s upgraded details and 30-year NDL warranty.

(Base Bid: Raise all indicated RTU equipment on new curbs with ALL mechanical, piping, electrical, and controls work as needed to allow continued HVAC function.)

Bid Alternate #1: Deductive Value:

_______________________________________________________ $ ____________ savings.

(Words) (Figures)

004213-R1 - 4 of 8

6.3.4 Bid Alternate #2

Clean and maintain existing galvanized metal roof ladders. Verify existing ladders are secure to structure.

(Base Bid: Provide new aluminum ladders)

Bid Alternate #2: Deductive Value:

_________________________________________________________ $ ___________ Savings

6.3.3 Bid Alternate #3

Provide cost to re-roof the existing State Modular Classroom Unit as indicated on Owner’s Roof Plan (Roof Area Portable 1). Roof alternate to be complete with all work identified in contract documents and general specifications for 25-year roof with manufacturer’s standard 25-year warranty.

(Base Bid: No work performed on State Modular Classroom Unit)

Bid Alternate #3: Additive Value:

_________________________________________________________ $ ___________ Add Costs

6.3.4 Bid Alternate #4

Provide six (6) each 4” roof drains with 50-linear feet (at each drain) with associated elbows, 4” x 6” Y-fitting, cast iron piping, hangers and pipe insulation to augment existing drainage and reduce height of roof insulation at Owner specified RTU equipment. Alternate is for six (6) roof drains installed and complete.

(Base Bid: Roofing system and drains provided as shown and indicated on Bid Plans and project manual).

Bid Alternate #4: Additive Value:

6.3.5 Bid Alternate #5

Provide and certify a new aluminum lightning protection system at all roof areas with copper grounds.

(Base Bid: No Lightning protection provided or installed).

Bid Alternate #5: Additive Value:

004213-R1 - 5 of 8

6.4 UNIT PRICES

Unit Prices listed below are further identified in Section 012200 – Unit Prices. Unit Prices are listed here for inclusion into the Bid. Base bid values INCLUDE ALL extended values complete (i.e.: $/SF x 5,000 SF, etc.)

6.4.1 LIST OF UNIT PRICES

A. For scraping and priming of more/less surface rusted areas of existing steel deck and framing than the five thousand (5,000) square feet carried in the Base Bid as outlined in Division 05 Section “Steel Decking”.

Value per square foot (SF) of scraping & Painting of existing metal deck: ___________________ ( $ ____ /

SF)

B. For removal and replacement of more/less steel deck than the one thousand (1,000) square feet carried in the Base Bid as outlined in Division 05 Section “Steel Decking.”

Value per square foot (SF) of metal deck replacement: __________________________ ( $ ____ / SF)

C. For the replacement of more or less plywood roof deck than the one thousand (1,000) square feet carried in the Base Bid as outlined in Division 06 Section “Rough Carpentry.”

Value per square foot (SF) of plywood roof deck replacement: __________________________ ( $ ____ / SF)

D. For the installation of more/less walkway pad than the two thousand two hundred (2,200) linear feet carried in the Base Bid, as outlined in Division 07 Section 075420 - “Thermoplastic Roofing.”

Value per linear foot (LF) of Roof Walkway Pad: __________________________ ( $ ____ / LF)

7. In submitting this proposal, it is understood that the right is reserved by the Owner, Charles County

Public Schools, to reject any and all Bids and to accept whichever Bid is deemed to be in their best interest. Further the right to negotiate with the apparent low bidder or low bidders to achieve the most beneficial contract price, completion schedule and Scope of Work. The Owner anticipates the award of Base Bid, with or without Bid Alternate values as desired and in a combination which best suits the Owner's project for the funds available; this criteria may be used to determine the apparent low bidder as well.

8. Accompanying this Proposal is a duly notarized letter from ____________________________ (Surety

Company) agreeing to bond the Contractor in accordance with the Bid Documents if the Bidder is awarded the contract and certifying that the Surety Company is licensed to do business in Maryland.

9. The final terms and General Conditions of the Construction Contract shall be based on the Charles

County Board of Education standard General Conditions of the Construction Contract (00 72 10).

004213-R1 - 6 of 8

10. The undersigned Bidder affirms that he does not discriminate with respect to individual political affiliation, religious belief, race, creed, national origin, sex, age, or handicap in employment practices.

11. The following documents are attached to and made a condition of this bid:

(a) Required Bid Security (5% - Bond, check )

(b) Letter from Bonding Company

(c) Affidavit signed and notarized.

(d) Minority Business Enterprise (MBE) Participation Forms (Parts 2, 3 & 4).

(e) Unit Pricing from Section

12. Contractor accepts responsibility to verify receipt of all addenda. Failure of any bidder to receive any addenda or interpretations shall not relieve the bidder from any obligations under this bid and as amended by all addenda. All addenda so issued shall become a part of the award and contract documents.

12. The bidder shall submit with its bid or proposal a completed Certified MBE Utilization and Fair

Solicitation Affidavit & MBE Participation Schedule- Part 2 and MBE Participation Schedules – Part 3 AND Signature Page - Part 4 for each project that identifies the bidder’s specific commitment of certified minority business and certifies it made a good faith effort to achieve the goal established in the solicitation. The MBE Participation Schedules shall include the name of each certified MBE that will participate in the project including its respective MBE classification, and shall include the items of work to be performed or furnished and the committed price or the percentage of the contract to be paid to each MBE for the work or supply. When the contract goal of 12 percent and/or its subcontracting goals cannot be met, the bidder or offeror shall submit with its bid the Certified MBE Utilization and Fair solicitation Affidavit, and the MBE Participation Schedule (indicating partial or no participation). Failure to submit will result in the bid being determined as non-responsive. NOTE:

Bidder or Offerer shall be responsible for determination all MBE Form Requirements – See Section 00 67 00 for more MBE requirements and form directions.

13. The undersigned Bidder affirms that he has included all required allowances in his bid price.

14. The undersigned Bidder affirms that he has included ALL required Unit Price (See Section 012200 – Unit

Prices) values and quantities in the Base Bid.

15. The Bidder agrees to hold all value for a period of 90-days.

16. Work Hours and Intended Schedule

Intended Schedule

April 16 - 30, 2026 Notice to Proceed (NTP) June 19, 2026 - August 14, 2026 Substantial Completion (First Summer’s work) June 20, 2027 - August 14, 2027 Substantial Completion (Second Summer’s Work)

September 27, 2027 Final Acceptance (45-day Punch List & Warranty)

004213-R1 - 7 of 8

* Based on Calendar published by Charles County Public Schools # Unless otherwise scheduled with Owner.

004213-R1 - 8 of 8

The contractor attests they fully understand the project and the schedule as presented and accept the project scope and schedule.

PLEASE SIGN IN ONLY ONE OF THE APPROPRIATE SPACES PROVIDED BELOW AND COMPLETE ALL THE INFORMATION REQUESTED:

(a) If a Corporation:

(Officer's Signature) (Date)

(Printed Name) (Title)

(Name of Corporation)

(State of Incorporation)

Business Address: _______________

Phone Number: _________________

FAX Number: ___________________

(b) If an Individual Doing Business:

(Individual's Signature) (Date)

Trading As:

(Name of Business)

(c) If a Partnership:

(Partner's Signature) (Date)

Co-Partners Trading As:

(Name of Partnership)

Corporate Seal:

DATE: _______________________________

FIRM NAME

Attachment D – MBE Forms Page D-1 effective date: Novmeber 13, 2020

Attachment D. Minority Business Enterprise (MBE) Forms

D-1A

MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT

& MBE PARTICIPATION SCHEDULE

PART 1 - INSTRUCTIONS

PLEASE READ BEFORE COMPLETING THIS DOCUMENT

This form includes Instructions and the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule which must be submitted with the bid/proposal. If the bidder/offeror fails to accurately complete and submit this Affidavit and Schedule with the bid or proposal, the Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award.

1. Contractor shall structure its procedures for the performance of the work required in this Contract to attempt to achieve the minority business enterprise (MBE) subcontractor participation goal stated in the Invitation for Bids or Request for Proposals. Contractor agrees to exercise good faith efforts to carry out the requirements set forth in these Instructions, as authorized by the Code of Maryland Regulations (COMAR) 21.11.03.

2. MBE Goals and Subgoals: Please review the solicitation for information regarding the Contract’s MBE overall participation goals and subgoals. After satisfying the requirements for any established subgoals, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from the various MBE classifications to meet the remainder of the overall MBE participation goal.

3. MBE means a minority business enterprise that is certified by the Maryland Department of Transportation (“MDOT”). Only MBEs certified by MDOT may be counted for purposes of achieving the MBE participation goals. In order to be counted for purposes of achieving the MBE participation goals, the MBE firm, including a MBE prime, must be MDOT-certified for the services, materials or supplies that it is committed to perform on the MBE Participation Schedule.

A firm whose MBE certification application is pending may not be counted.

4. Please refer to the MDOT MBE Directory at https://mbe.mdot.maryland.gov/directory/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS codes, please visit https://www.census.gov/eos/www/naics/. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals. CAUTION: If the firm’s NAICS Code is in graduated status, such services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code is in the graduated status if the term “Graduated” follows the Code in the MDOT MBE Directory.

5. Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE 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 MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal, including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the Contract.

Attachment D – MBE Forms Page D-2 effective date: Novmeber 13, 2020

In order to receive credit for self-performance, an MBE prime must be certified in the appropriate NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform.

For the remaining portion of the overall goal and the remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet those goals or request a waiver.

These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment 1-B Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

In certain instances where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%. Please refer to the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulatio n_QA.pdf

6. Subject to items 1 through 5 above, when a certified MBE performs as a participant in a joint venture, a procurement agency may count a portion of the total dollar value of the Contract equal to the distinct, clearly-defined portion of the work of the Contract that the certified MBE performs with its own forces toward fulfilling the Contract goal, and not more than one of the Contract subgoals, if any.

7. The work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Please refer to COMAR 21.11.03.12-1 for more information regarding these requirements.

8. Materials and Supplies: New Guidelines Regarding MBE Participation.

Regular Dealer (generally identified as a wholesaler or supplier in the MDOT Directory):

Up to 60% of the costs of materials and supplies provided by a certified MBE may be counted towards the MBE participation goal(s) if such MBE is a Regular Dealer of such materials and supplies. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or any other establishment in which the materials, supplies, articles, or equipment are of the general character described by the specifications required under the contract and are bought, kept in stock, or regularly sold or leased to the public in the usual course of business; and does not include a packager, a broker, a manufacturer’s representative, or any other person that arranges or expedites transactions.

Attachment D – MBE Forms Page D-3 effective date: Novmeber 13, 2020

Example for illustrative purposes of applying the 60% rule:

Overall contract value: $2,000,000 Total value of supplies: $100,000

Calculate Percentage of Supplies to overall contract value: $100,000 divided by $2,000,000 = 5%

Apply 60% Rule - Total percentage of Supplies/Products 5% x 60% = 3%

3% would be counted towards achieving the MBE Participation Goal and Subgoal, if any, for the MBE supplier in this example.

Manufacturer: A certified MBE firm’s participation may be counted in full if the MBE is certified in the appropriate NAICS code(s) to provide products and services as a manufacturer.

Broker: With respect to materials or supplies purchased from a certified MBE that is neither a manufacturer nor a regular dealer, a unit may apply the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials and supplies required on a procurement toward the MBE contract goals, provided a unit determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. A unit may not apply any portion of the costs of the materials and supplies toward MBE goals.

Furnish and Install and other Services: The participation of a certified MBE supplier, wholesaler, and/or regular dealer certified in the proper NAICS code(s) to furnish and install materials necessary for successful contract completion may be counted in full.

Includes the participation of other MBE service providers in the proper NAICS code(s) may be counted in full.

9. Dually certified firms. An MBE that is certified in more than one subgroup category may only be counted toward goal fulfillment of ONE of those categories with regard to a particular contract.

Example: A woman-owned Hispanic American (dually certified) firm may be used to fulfill the women-owned OR Hispanic American subgoal, but not both on the same contract.

10. CAUTION: The percentage of MBE participation, computed using the percentage amounts determined for all of the MBE firms listed in PART 3, MUST meet or exceed the MBE participation goal and subgoals (if applicable) as set forth in PART 2- for this solicitation. If a bidder/offeror is unable to meet the MBE participation goal or any subgoals (if applicable), then the bidder/offeror must request a waiver in PART 2 or the bid will be deemed not responsive, or the proposal not reasonably susceptible of being selected for award. You may wish to use the attached Goal/Subgoal Worksheet to assist in calculating the percentages and confirming that your commitment meets or exceeds the applicable MBE participation goal and subgoals (if any).

11. If you have any questions as to whether a firm is certified to perform the specific services or provide specific products, please contact MDOT’s Office of Minority Business Enterprise at 1- 800-544-6056 or via email to mbe@mdot.state.md.us sufficiently prior to the submission due date.

Attachment D – MBE Forms Page D-4 effective date: Novmeber 13, 2020

Subgoals (if applicable)

Total African American MBE Participation: _____________% Total Asian American MBE Participation: _____________% Total Hispanic American MBE Participation: _____________% Total Women-Owned MBE Participation: _____________%

Overall Goal

Total MBE Participation (include all categories): _____________%

Attachment D – MBE Forms Page D-5 effective date: Novmeber 13, 2020

PART 2 - MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT &

MBE PARTICIPATION SCHEDULE

This MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule must be completed in its entirety and included with the bid/proposal. If the bidder/offeror fails to accurately complete and submit this Affidavit and Schedule with the bid or proposal as required, the Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award.

In connection with the bid/proposal submitted in response to Solicitation No.

, I affirm the following:

1. MBE Participation (PLEASE CHECK ONLY ONE)

I acknowledge and intend to meet IN FULL both the overall certified Minority Business

Enterprise (MBE) participation goal of percent and all of the following subgoals:

percent for African American-owned MBE firms percent for Hispanic American-owned MBE firms percent for Asian American-owned MBE firms percent for Women-owned MBE firms

Therefore, I am not seeking a waiver pursuant to COMAR 21.11.03.11. I acknowledge that by checking the above box and agreeing to meet the stated goal and subgoal(s), if any, I must complete PART 3 - MBE Participation Schedule and Part 4 Signature Page in order to be considered for award.

OR

After making good faith outreach efforts prior to making this submission, I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby request a waiver, in whole or in part, of the overall goal and/or subgoals I acknowledge that by checking this box and requesting a partial waiver of the stated goal and/or one or more of the stated subgoal(s) if any, I must complete Part 3, the MBE Participation Schedule and Part 4 Signature Page for the portion of the goal and/or subgoal(s) if any, for which I am not seeking a waiver, in order to be considered for award. I acknowledge that by checking this box and requesting a full waiver of the stated goal and the stated subgoal(s) if any, I must complete Part 4 Signature Page in order to be considered for award.

Attachment D – MBE Forms Page D-6 effective date: Novmeber 13, 2020

Additional MBE Documentation

I understand that if I am notified that I am the apparent awardee or as requested by the Procurement Officer, I must submit the following documentation within 10 working days of receiving notice of the potential award or from the date of conditional award (per COMAR 21.11.03.10), whichever is earlier:

(a) Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C)

(b) Outreach Efforts Compliance Statement (Attachment D-2);

(c) MBE Subcontractor/MBE Prime Project Participation Statement (Attachments D-3A and 3B);

(d) Any other documentation, including additional waiver documentation if applicable, required by the Procurement Officer to ascertain bidder or offeror responsibility in connection with the certified MBE participation goal and subgoals, if any.

I understand that if I fail to return each completed document within the required time, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has already been awarded, the award is voidable.

Information Provided to MBE firms

In the solicitation of subcontract quotations or offers, MBE firms were provided not less than the same information and amount of time to respond as were non-MBE firms.

Attachment D – MBE Forms Page D-7 effective date: November 13, 2020

PART 3 - MBE PARTICIPATION SCHEDULE

SET FORTH BELOW ARE THE (I) CERTIFIED MBES I INTEND TO USE, (II) THE PERCENTAGE OF THE TOTAL CONTRACT VALUE ALLOCATED TO EACH MBE FOR THIS PROJECT AND, (III) THE ITEMS OF WORK EACH MBE WILL PROVIDE UNDER THE CONTRACT. I HAVE CONFIRMED WITH THE MDOT DATABASE THAT THE MBE FIRMS IDENTIFIED BELOW (INCLUDING ANY SELF-PERFORMING MBE PRIME FIRMS) ARE PERFORMING WORK ACTIVITIES FOR WHICH

THEY ARE MDOT-CERTIFIED.

Prime Contractor Project Description Project/Contract Number

LIST INFORMATION FOR EACH CERTIFIED MBE FIRM YOU AGREE TO USE TO ACHIEVE THE MBE PARTICIPATION GOAL AND

SUBGOALS, IF ANY. MBE PRIMES: PLEASE COMPLETE BOTH SECTIONS A AND B BELOW.

SECTION A: For MBE Prime Contractors ONLY (including MBE Primes in a Joint Venture)

MBE Prime Firm Name:________________________________

MBE Certification Number: ___________

(If dually certified, check only one box.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

NAICS code: _______________________________

Percentage of total Contract Value to be performed with own forces and counted towards the MBE overall participation goal (up to 50% of the overall goal): _______% Please refer to Item #8 in Part 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies.

Percentage of total Contract Value to be performed with own forces and counted towards the subgoal, if any, for my MBE classification (up to 100% of not more than one subgoal): _______%

Supplier, wholesaler and/or regular dealer (count 60%) Manufacturer (count 100%) Broker (count reasonable fee/commission only) Furnish and Install and other Services (count 100%)

Complete the applicable prompt (select only one) from prompts A-C below that applies to the type of work your firm is self-performing to calculate amount to be counted towards achieving the MBE Participation Goal and Subgoal, if any.

A. Percentage amount of subcontract where the MBE Prime firm is being used for manufacturer, furnish and install, and/or services (excluding products / services from suppliers, wholesalers, regular dealers and brokers) ___%

B. Percentage amount for items of work where the MBE Prime firm is being used as supplier, wholesaler, and/or regular dealer (60% Rule).

Total percentage of Supplies/Products ___% x 60% = ___%

C. Percentage amount of fee where the MBE Prime firm is being used as broker (count reasonable fee/commission only) ___ %

Description of the work to be performed with MBE prime’s own forces:

Attachment D – MBE Forms Page D-8 effective date: November 13, 2020

SECTION B: For all Contractors (including MBE Primes and MBE Primes in a Joint Venture)

MBE Firm Name:______________________________________

MBE Certification Number: ______________________

(If dually certified, check only one box.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

NAICS code: _______________________________

Please refer to Item #8 in Part 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies.

Supplier, wholesaler and/or regular dealer (count 60%) Manufacturer (count 100%) Broker (count reasonable fee/commission only) Furnish and Install and other Services (count 100%)

Complete the applicable prompt (select only one) from prompts A-C below that applies to the type of work that the MBE firm named to the left will be performing to calculate the amount to be counted towards achieving the MBE Participation Goal and Subgoal, if any.

A. Percentage of total contract amount where the MBE firm is being used for manufacturer, furnish and install, and/or services (excluding products/services from suppliers, wholesalers, regular dealers and brokers) ___%

B. Percentage of total contract amount for items of work where the MBE firm is being used as supplier, wholesaler, and/or regular dealer (60% Rule)).

Total percentage of Supplies/Products ___% X 60% = ___%

C. Percentage amount of fee where the MBE firm is being used as broker (count reasonable fee/commission only) ___ %

Description of the work to be performed:

MBE Firm Name:______________________________________

MBE Certification Number: _____________________

(If dually certified, check only one box.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

NAICS code: _______________________________

Please refer to Item #8 in Part 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies.

Supplier, wholesaler and/or regular dealer (count 60%) Manufacturer (count 100%) Broker (count reasonable fee/commission only) Furnish and Install and other Services (count 100%)

Complete the applicable prompt (select only one) from prompts A-C below that applies to the type of work that the MBE Firm named to the left will be performing to calculate the amount to be counted towards achieving the MBE Participation Goal and Subgoal, if any.

A. Percentage of total contract amount where the MBE firm is being used for manufacturer, furnish and install, and/or services (excluding products/services from suppliers, wholesalers, regular dealers and brokers) ___%

B. Percentage of total contract amount for items of work where the MBE firm is being used as supplier, wholesaler, and/or regular dealer (60% Rule)).

Total percentage of Supplies/Products ___% X 60% = ___%

C. Percentage amount of fee where the MBE firm is being used as broker (count reasonable fee/commission only) ___ %

Description of the work to be performed:

Attachment D – MBE Forms Page D-9 effective date: November 13, 2020

MBE Firm Name:______________________________________

MBE Certification Number: ______________________

(If dually certified, check only one box.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

NAICS code: _______________________________

Please refer to Item #8 in Part 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies.

Supplier, wholesaler and/or regular dealer (count 60%) Manufacturer (count 100%) Broker (count reasonable fee/commission only) Furnish and Install and other Services (count 100%)

Complete the applicable prompt (select only one) from prompts A-C below that applies to the type of work that for the MBE firm named to the left will be performing to calculate the amount to be counted towards achieving the MBE Participation Goal and Subgoal, if any.

A. Percentage of total contract amount where the MBE firm is being used for manufacturer, furnish and install, and/or services (excluding products/services from suppliers, wholesalers, regular dealers and brokers) ___%

B. Percentage of the total contract amount for items of work where the MBE firm is being used as supplier, wholesaler, and/or regular dealer (60% Rule).

Total percentage of Supplies/Products ___% X 60% = ___%

C. Percentage amount of fee where the MBE firm is being used as broker (count reasonable fee/commission only) ___ %

Description of the work to be performed:

MBE Firm Name:______________________________________

MBE Certification Number: ______________________

(If dually certified, check only one box.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

NAICS code: _______________________________

Please refer to Item #8 in Part 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies.

Supplier, wholesaler and/or regular dealer (count 60%) Manufacturer (count 100%) Broker (count reasonable fee/commission only) Furnish and Install and other Services (count 100%)

Complete the applicable prompt (select only one) from prompts A-C below that applies to the type of work that the MBE firm named to the left will be performing to calculate the amount to be counted towards achieving the MBE Participation Goal and Subgoal, if any.

A. Percentage of total contract amount where the MBE firm is being used for manufacturer, furnish and install, and/or services (excluding products/services from suppliers, wholesalers, regular dealers and brokers) ___%

B. Percentage of total contract amount for items of work where the MBE firm is being used as supplier, wholesaler, and/or regular dealer (60% Rule)).

Total percentage of Supplies/Products ___% X 60% = ___%

C. Percentage amount of fee where the MBE firm is being used as broker___ %

Description of the work to be performed:

CONTINUE ON SEPARATE PAGE IF NEEDED

Attachment D – MBE Forms Page D-10 effective date: November 13, 2020

PART 4 – SIGNATURE PAGE

To complete Affidavit committing to MBE(s) or requesting waiver, Bidder/Offeror must sign below:

I solemnly affirm under the penalties of perjury that: (i) I have reviewed the instructions for the MBE Utilization & Fair Solicitation Affidavit and MBE Schedule, and (ii) the information contained in the MBE Utilization & Fair Solicitation Affidavit and MBE Schedule is true to the best of my knowledge, information and belief.

Bidder/Offeror Name Signature of Authorized Representative

(PLEASE PRINT OR TYPE)

Address Printed Name and Title

City, State and Zip Code Date

SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL

Bid Addendum 1 Revise Project Name

Attachment D – MBE Forms Page D-11 effective date: May 7, 2019

D-1B WAIVER GUIDANCE

GUIDANCE FOR DOCUMENTING GOOD FAITH EFFORTS TO MEET MBE PARTICIPATION GOALS

In order to show that it has made good faith efforts to meet the Minority Business Enterprise (MBE) participation goal (including any MBE subgoals) on a contract, the Offeror must either (1) meet the MBE Goal(s) and document its commitments for participation of MBE Firms, or (2) when it does not meet the MBE Goal(s), document its Good Faith Efforts to meet the goal(s).

I. Definitions

MBE Goal(s) – “MBE Goal(s)” refers to the MBE participation goal and MBE participation subgoal(s).

Good Faith Efforts - The “Good Faith Efforts” requirement means that when requesting a waiver, the Offeror must demonstrate that it took all necessary and reasonable steps to achieve the MBE Goal(s), which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE participation, even if those steps were not fully successful. Whether the Offeror that requests a waiver made adequate good faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that the Offeror has made.

The efforts employed by the Offeror should be those that one could reasonably expect the Offeror to take if the Offeror were actively and aggressively trying to obtain MBE participation sufficient to meet the MBE contract goal and subgoals.

Mere pro forma efforts are not good faith efforts to meet the MBE contract requirements. The determination concerning the sufficiency of the Offeror's good faith efforts is a judgment call; meeting quantitative formulas is not required.

Identified Firms – “Identified Firms” means a list of the MBEs identified by the procuring agency during the goal setting process and listed in the procurement as available to perform the Identified Items of Work. It also may include additional MBEs identified by the Offeror as available to perform the Identified Items of Work, such as MBEs certified or granted an expansion of services after the procurement was issued. If the procurement does not include a list of Identified Firms, this term refers to all of the MBE Firms (if State-funded) the Offeror identified as available to perform the Identified Items of Work and should include all appropriately certified firms that are reasonably identifiable.

Identified Items of Work – “Identified Items of Work” means the Proposal items identified by the procuring agency during the goal setting process and listed in the procurement as possible items of work for performance by MBE Firms. It also may include additional portions of items of work the Offeror identified for performance by MBE Firms to increase the likelihood that the MBE Goal(s) will be achieved. If the procurement does not include a list of Identified Items of Work, this term refers to all of the items of work the Offeror identified as possible items of work for performance by MBE Firms and should include all reasonably identifiable work opportunities.

MBE Firms – “MBE Firms” refers to firms certified by the Maryland Department of Transportation (“MDOT”) under COMAR 21.11.03. Only MDOT-certified MBE Firms can participate in the State's MBE Program.

II. Types of Actions Agency will Consider

The Offeror is responsible for making relevant portions of the work available to MBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers, so as to facilitate MBE participation. The following is a list of types of actions the procuring agency will consider as part of the Offeror's Good Faith Efforts when the Offeror fails to meet the MBE Goal(s). This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

A. Identify Proposal Items as Work for MBE Firms

1. Identified Items of Work in Procurements

(a) Certain procurements will include a list of Proposal items identified during the goal setting process as possible work for performance by MBE Firms. If the procurement provides a list of Identified Items of Work, the Offeror shall make all reasonable efforts to solicit quotes from MBE Firms to perform that work.

(b) Offerors may, and are encouraged to, select additional items of work to be performed by MBE Firms to increase the likelihood that the MBE Goal(s) will be achieved.

2. Identified Items of Work by Offerors

(a) When the procurement does not include a list of Identified Items of Work or for additional Identified Items of Work, Offerors should reasonably identify sufficient items of work to be performed by MBE Firms.

Attachment D – MBE Forms Page D-12 effective date: May 7, 2019

(b) Where appropriate, Offerors should break out contract work items into economically feasible units to facilitate MBE participation, rather than perform these work items with their own forces. The ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the Offeror of the responsibility to make Good Faith Efforts.

B. Identify MBE Firms to Solicit

1. MBE Firms Identified in Procurements

(a) Certain procurements will include a list of the MBE Firms identified during the goal setting process as available to perform the items of work. If the procurement provides a list of Identified MBE Firms, the Offeror shall make all reasonable efforts to solicit those MBE firms.

(b) Offerors may, and are encouraged to, search the MBE Directory to identify additional MBEs who may be available to perform the items of work, such as MBEs certified or granted an expansion of services after the solicitation was issued.

2. MBE Firms Identified by Offerors

(a) When the procurement does not include a list of Identified MBE Firms, Offerors should reasonably identify the MBE Firms that are available to perform the Identified Items of Work.

(b) Any MBE Firms identified as available by the Offeror should be certified to perform the Identified Items of Work.

C. Solicit MBEs

1. Solicit all Identified Firms for all Identified Items of Work by providing written notice. The Offeror should:

(a) provide the written solicitation at least 10 days prior to Proposal opening to allow sufficient time for the MBE Firms to respond;

(b) send the written solicitation by first-class mail, facsimile, or e-mail using contact information in the MBE Directory, unless the Offeror has a valid basis for using different contact information; and

(c) provide adequate information about the plans, specifications, anticipated time schedule for portions of the work to be performed by the MBE, and other requirements of the contract to assist MBE Firms in responding. (This information may be provided by including hard copies in the written solicitation or by electronic means as described in C.3 below.)

2. “All” Identified Firms includes the MBEs listed in the procurement and any MBE Firms you identify as potentially available to perform the Identified Items of Work, but it does not include MBE Firms who are no longer certified to perform the work as of the date the Offeror provides written solicitations.

3. “Electronic Means” includes, for example, information provided via a website or file transfer protocol (FTP) site containing the plans, specifications, and other requirements of the contract. If an interested MBE cannot access the information provided by electronic means, the Offeror must make the information available in a manner that is accessible to the interested MBE.

4. Follow up on initial written solicitations by contacting MBEs to determine if they are interested. The follow up contact may be made:

(a) by telephone using the contact information in the MBE Directory, unless the Offeror has a valid basis for using different contact information; or

(b) in writing via a method that differs from the method used for the initial written solicitation.

5. In addition to the written solicitation set forth in C.1 and the follow up required in C.4, use all other reasonable and available means to solicit the interest of MBE Firms certified to perform the work of the contract. Examples of other means include:

(a) attending any pre-Proposal meetings at which MBE Firms could be informed of contracting and subcontracting opportunities; and

(b) if recommended by the procurement, advertising with or effectively using the services of at least two minority focused entities or media, including trade associations, minority/women community organizations, minority/women contractors' groups, and local, state, and federal minority/women business assistance offices listed on the MDOT Office of Minority Business Enterprise website.

Attachment D – MBE Forms Page D-13 effective date: May 7, 2019

D. Negotiate with Interested MBE Firms

Offerors must negotiate in good faith with interested MBE Firms.

1. Evidence of negotiation includes, without limitation, the following:

(a) the names, addresses, and telephone numbers of MBE Firms that were considered;

(b) a description of the information provided regarding the plans and specifications for the work selected for subcontracting and the means used to provide that information; and

(c) evidence as to why additional agreements could not be reached for MBE Firms to perform the work.

2. The Offeror using good business judgment would consider a number of factors in negotiating with subcontractors, including MBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration.

3. The fact that there may be some additional costs involved in finding and using MBE Firms is not in itself sufficient reason for the Offeror's failure to meet the contract MBE goal(s), as long as such costs are reasonable.