848241demoMsa.pdf
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- Attached to
- Demolition Services - 1101 N Wolfe Street State and local contract opportunity
- Solicitation number
- BVRI-004
- Issued by
- Baltimore City, Maryland
About this file
This Request for Proposals (RFP) is issued by the Maryland Stadium Authority (MSA) in partnership with the Baltimore City Department of Housing and Community Development and the Maryland Department of Housing and Community Development for demolition and abatement services under the Baltimore Vacants Reinvestment Initiative (BVRI). MSA seeks proposals from prime contractors to provide abatement, demolition, site development, and stabilization services for multiple vacant properties located at 1101 N Wolfe Street in Baltimore, Maryland, as detailed in Attachment M. The pre-proposal conference is scheduled for September 28, 2026, at 2:00 p.m. Eastern Time via Zoom, with registration required. A mandatory site visit will occur on October 2, 2026, at 11:00 a.m. Eastern Time, also requiring advance registration. The question deadline is October 8, 2026, at 1:00 p.m., and proposals must be submitted by October 27, 2026, at 1:00 p.m. Eastern Time through the Euna e-procurement platform. The contract will be a fixed-fee agreement with a term necessary to complete the scope of services as agreed upon by MSA and the selected contractor. The successful offeror's completion schedule will be incorporated into the executed contract.
The procurement is structured as a competitive sealed proposals process with technical proposals weighted more heavily than financial proposals. Offerors must meet minimum qualifications including five years of prime contracting experience on abatement and demolition projects and five years of experience with hazardous materials handling. An overall Minority Business Enterprise (MBE) participation goal of 35% without subgoals has been established; offerors failing to submit the required MBE Utilization and Fair Solicitation Affidavit will have their proposals rejected. Proposals require submission of a 5% bid/proposal bond and documentation of ability to obtain a 100% payment and performance bond. Insurance requirements include Commercial General Liability of $1,000,000 per occurrence and $2,000,000 general aggregate, Business Automobile Liability of $1,000,000 combined single limit, Workers Compensation per statutory requirements, and Excess/Umbrella Liability of $1,000,000 per occurrence. Liquidated damages apply for delays ($1,000 to $2,500 per day depending on days late), MBE non-compliance ($60 to $120 per day), and prevailing wage violations as specified in Maryland State Finance and Procurement statutes. Offerors must be registered with the Maryland Department of Assessments and Taxation and the e-Maryland Marketplace Advantage (eMMA) prior to award; proposals are irrevocable for 180 days following the closing date.
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Baltimore Vacants Reinvestment Initiative (BVRI)
Maryland Stadium Authority
Request for Proposals
Demolition Services
BVRI-004
Issue Date: September 22, 2026
Key Information Summary Sheet
Maryland Stadium Authority
Request for Proposals
Demolition Services
BVRI-004
RFP Issue Date: September 22, 2026
Procurement Officer: Christian Kramer Maryland Stadium Authority 351 West Camden Street, Suite 300 Baltimore, Maryland 21201 Phone: (443) 202-3885 E-mail: ckramer@mdstad.com
Procurement Method: Competitive Sealed Proposals
MBE Participation Goal: 35% overall, without subgoals
Pre-Proposal Conference: September 28, 2026 at 2:00 p.m., Local Time Registration link:
https://us02web.zoom.us/meeting/register/OecahaY0So e9uRB59aiP8w
Site-Visit October 2, 2026, at 11:00 a.m., Local Time Registration link:
https://www.eventbrite.com/e/2002092132463
Question Deadline: October 8, 2026 at 1:00p.m., Local Time
Proposal Deadline: October 27, 2026 at 1:00 p.m., Local Time
Location: 1101 N Wolfe Street, Baltimore, Maryland 21213 mailto:ckramer@mdstad.com https://us02web.zoom.us/meeting/register/OecahaY0Soe9uRB59aiP8w https://us02web.zoom.us/meeting/register/OecahaY0Soe9uRB59aiP8w https://www.eventbrite.com/e/2002092132463
TABLE OF CONTENTS
KEY INFORMATION SUMMARY SHEET
TABLE OF CONTENTS
SECTION 1 GENERAL INFORMATION
SECTION 2 OFFEROR’S QUALIFICATIONS
SECTION 3 PURPOSE AND SCOPE OF SERVICES
SECTION 4 PROPOSAL SUBMISSION & REQUIREMENTS
SECTION 5 EVALUATION CRITERIA AND SELECTION PROCEDURE
ATTACHMENTS
SECTION 1
GENERAL INFORMATION
1.1 Summary Statement
The Maryland Stadium Authority (“MSA” or the “Authority”) is requesting proposals from prime contractors to provide services generally relating to abatement, demolition, site development and/or stabilization as more particularly set forth in the Scope of Services (the “Services”) (see Attachment E). Services will be for the property identified and selected under the Baltimore Vacants Reinvestment Initiative, formerly known as Project CORE, (the “Program”). Specifically, MSA is seeking proposals for Services for the properties identified in Attachment M.
1.2 Overview of MSA
MSA has a myriad of responsibilities for construction, maintenance, operations, demolition, feasibility studies, and more in connection with properties and projects that range from the 85+ acres that comprise the Camden Yards Sports Complex (“CYSC”) in Baltimore City; State-wide public school construction (“School Projects”); hazardous substance abatement, demolition and stabilization of vacant properties in Baltimore City in connection with the Baltimore Vacants Reinvestment Initiative (“BVRI”) (formerly, Project CORE); Pimlico Race Course and a separate year round training facility (together “Racing Facilities”); Sports Entertainment Facilities (“Sports Entertainment Facilities”) and the Prince George’s County Blue Line Corridor Facilities (“Blue Line Facilities”); MSA also has statutory authority for the Baltimore Convention Center, the Hippodrome Performing Arts Center, the Montgomery County Conference facility and the Ocean City Convention facility (collectively, “Other Facilities”); and projects undertaken pursuant to MSA’s statutory authority set forth in § 10-622 (“§ 10-622 Projects”) of the Economic Development Article of the Maryland Annotated Code. CYSC, School Projects, BVRI, Racing Facilities, Sports Entertainment Facilities, Blue Line Facilities, Other Facilities, and § 10-622 Projects are each a potential “MSA Project” and collectively “MSA Projects”. MSA Projects may be expanded to include new or revised responsibilities of MSA.
1.3 Abbreviations and Definitions
For purposes of this RFP, the following abbreviations and terms have the meanings indicated below:
1. City – The Baltimore City Department of Housing and Community Development.
2. COMAR – Code of Maryland Regulations (available online at https://dsd.maryland.gov/Pages/default.aspx).
3. Contract –The written contract or agreement entered into between MSA and the selected Offeror responding to this RFP. The Contract will include all general MSA terms and conditions, and will incorporate the entire RFP, including any addenda, and all or indicated portions of the selected Offeror’s proposal. The sample contract is attached hereto as Attachment G.
4. Contract Manager – The MSA representative for this Contract who is responsible for Contract administration functions, including issuing written direction, compliance with https://dsd.maryland.gov/Pages/default.aspx terms and conditions, monitoring this Contract to ensure compliance with its terms and conditions, and to assist the PM in requirements. MSA may change the Contract manager at any time by written notice to the Contractor.
5. Contractor – The Offeror selected under the requirements and procedures contained in this RFP.
6. Department – The Maryland Department of Housing and Community Development
(DHCD).
7. eMMA – eMaryland Marketplace Advantage (https://emma.maryland.gov/).
8. Local Time – Time in the Eastern Time Zone as observed by the State.
9. MBE – Minority Business Enterprise certified by the Maryland Department of Transportation (MDOT).
10. MBE Participation Goal – Has the meaning set forth on the Key Information Summary Sheet of this RFP.
11. MSA – Maryland Stadium Authority (website - https://mdstad.com/).
12. MSA Business Hours – 8:30 a.m. to 5:00 p.m. local time, Monday through Friday, excluding State holidays.
13. MSA Procurement Policies – MSA procurement policies and procedures (https://mdstad.com/procurement-policies-procedures).
14. MSA Project Manager (PM) – The MSA representative that is primarily responsible for monitoring the daily activities of a contract and providing technical assistance to the Contractor.
15. Notice to Proceed (NTP) – A formal notification issued by the Procurement Officer that directs the Contractor to perform work and establishes the date on which the work is to commence on a Project.
16. Offeror – an entity that submits a proposal in response to this RFP.
17. Procurement Officer (PO) – The MSA representative responsible for this RFP. MSA may change the Procurement Officer at any time and will provide written notice to the Offerors of any such change.
18. Program – Program means the Baltimore Vacants Reinvestment Initiative. The purpose of the Program (a component of the Reinvest Baltimore Program, a collective effort between the State, Baltimore City, and local organizations) is to eliminate concentrations of vacant properties and blight, revitalize neighborhoods, and maximize the economic potential and quality of life for residents in Baltimore City. Information concerning BVRI can be obtained at: https://dhcd.maryland.gov/Reinvest-Baltimore/Pages/BVRI.aspx.
19. Project Manual – The Project Manual included in the RFP as Attachment H serves as the technical basis for the execution of the Services.
20. Proposal – The technical and financial responses to this RFP.
21. Proposal Closing Date – Is the date and time set forth in Section 1.10 of this RFP, and as https://emma.maryland.gov/ https://mdstad.com/ https://mdstad.com/procurement-policies-procedures https://dhcd.maryland.gov/Reinvest-Baltimore/Pages/BVRI.aspx may be amended by the Procurement Officer.
22. RFP – Request for Proposals.
23. Selection Committee – The representatives of MSA responsible for selecting the Contractor.
24. State – The State of Maryland.
1.4 Contract Type
The contract that results from this RFP will be for a fixed fee. The Contract amount shall not increase unless agreed to by MSA and evidenced by an executed contract modification.
1.5 Contract Term
The term of the Contract will be for a period necessary to complete the scope of services and as agreed upon by MSA and the Contractor. Offerors are to include a detailed schedule for completion of the work based on the scope set forth in this RFP. The successful Offeror’s final schedule will be incorporated into the contract.
1.6 Procurement Officer
The sole point-of-contact for purposes of this RFP is the Procurement Officer listed below:
Christian Kramer Maryland Stadium Authority 351 West Camden Street, Suite 300 Baltimore, Maryland 21201 Cell: 443-202-3885 Email: ckramer@mdstad.com
MSA may change the Procurement Officer at any time by written notice to the Offerors.
1.7 Contract and Project Manager
The Contract and Project Manager is:
Ryan Carter Maryland Stadium Authority 351 West Camden Street, Suite 300 Baltimore, Maryland 21201
MSA may change the Project Manager and Contract Manager at any time by written notice to the Contractor.
1.8 Site-Visit
A Site Visit will take place on the date and time indicated on the Key Information Summary Sheet.
Please click on the registration link provided in the Key Information Summary Sheet for details regarding the Site-Visit and to RSVP to the event.
mailto:ckramer@mdstad.com
1.9 Pre-Proposal Conference
A virtual pre-proposal conference will be held on the date and time indicated on the Key Information Summary Sheet. Please click on the registration link provided in the Key Information Summary Sheet for details regarding the pre-proposal conference and to RSVP to the event.
1.10 e-Maryland Marketplace Advantage
In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.
Go here to register: https://emma.maryland.gov/. Click on “Registration” to begin the process and follow the prompts.
1.11 Questions
Questions regarding this RFP shall be submitted electronically, in Word or PDF format, via the submission link no later than the date and time indicated on the Key Information Summary Sheet.
Please include information regarding the name of the firm, representative’s name, and contact information. Based on the availability of time to research and communicate an answer, the Procurement Officer will decide whether an answer can be given before the proposal closing date.
Answers to all substantive questions that have not previously been answered, and are not clearly specific to the requestor, will be provided via addendum to the RFP.
1.12 Proposal Closing Date and Time
To be considered, both technical and financial Proposals must be uploaded to their respective submission links no later than the date and time indicated on the Key Information Summary Sheet.
Requests for an extension of this date and/or time will not be granted. Offerors shall allow sufficient electronic transmission time to ensure timely receipt of their proposals. Proposals received by MSA after the Proposal Closing Date and Time will not be considered. Proposals will not be reviewed publicly.
1.13 Duration of Offer
Proposals submitted in response to this RFP are irrevocable for 180 days following the closing date for proposals. This period may be extended at the Procurement Officer's request only with the Offeror's written agreement.
1.14 Revisions to the RFP
a. If the RFP is revised before the Proposal Closing Date, MSA shall post any addenda to the RFP on eMMA and MSA’s website and shall endeavor to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It remains the responsibility of all prospective Offerors to check eMMA and MSA’s website for any addenda issued prior to the Proposal Submission Deadline.
b. Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal Closing Date shall be included in the Transmittal Letter accompanying the Offeror’s https://emma.maryland.gov/
Technical Proposal.
c. Addenda made after the Proposal Closing Date will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.
d. Acknowledgement of the receipt of addenda to the RFP issued after the Proposal Closing Date shall be in the manner specified in the addendum notice.
e. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.
1.15 Minority Business Enterprises
MBE are encouraged to respond to this solicitation. The Offeror shall submit a D-1A form with its technical Proposal. Please refer to the Key Information Summary Sheet of this RFP.
1. An overall MBE subcontractor participation goal as identified in the Key Information Summary Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any.
2. Notwithstanding any sub-goals established for this RFP, the Offeror is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.
3. By submitting a response to this solicitation, the Offeror acknowledges the overall MBE subcontractor participation goal and sub-goals, and commits to achieving the overall goal and sub-goals by utilizing certified minority business enterprises, or requests a full or partial waiver of the overall goal and sub-goals.
4. An Offeror that does not commit to meeting the entire MBE participation goal(s) stated in this RFP must submit a request for waiver with its proposal submission that is supported by good faith efforts documentation to meet the MBE goal made prior to submission of its proposal as outlined in Attachment D-1B, Waiver Guidance. Failure of an Offeror to properly complete, sign, and submit Attachment D-1A at the time it submits its technical Proposal to the RFP will result in the State’s rejection of the Offeror’s Proposal. This failure is not curable.
5. If the Offeror fails to properly complete, sign, and submit Attachment D-1A at the time it submits its technical Proposal, the Procurement Officer may determine that the Proposal is not reasonably susceptible of being selected for award.
6. Attachments
A. Minority Business Enterprise instructions, and forms are provided in Attachment D to assist Offerors.
B. The Offeror shall include with its technical Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:
a. The Offeror acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable sub-goals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and
b. The Offeror responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Proposal submission. The Offeror shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.
c. An Offeror requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.
d. If the Offeror fails to submit a completed Attachment D-1A with the technical Proposal, as required, the Procurement Officer shall determine that the Proposal is not reasonably susceptible of being selected for award.
7. Offerors are responsible for verifying that each MBE (including any MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any sub-goals and subsequently identified in Attachment D-1A is appropriately certified by the Maryland Department of Transportation and has the correct NAICS codes allowing it to perform the committed work.
8. Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the Offeror must provide the following documentation to the Procurement Officer:
A. Outreach Efforts Compliance Statement (Attachment D-2);
B. MBE Subcontractor/Prime Project Participation Certification (Attachment D-3A/3B);
C. A copy of each subcontract agreement between the apparent awardee and any proposed MBE subcontractor that the parties intend to enter into contingent upon the MSA’s award of the prime contract. The subcontract agreement must contain all necessary terms, including pricing, required for the MBE to perform its proposed work and for the apparent awardee to pay the MBE for its work during the term of the agreement; and
D. Any other documentation required by the Procurement Officer to ascertain Offeror responsibility in connection with the certified MBE subcontractor participation goal or any applicable sub-goals.
E. Further, if the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable sub-goal is necessary, the recommended awardee must submit a fully-documented waiver request that complies with COMAR 21.11.03.11. If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Agreement has already been awarded, the award is voidable.
9. A current directory of certified MBEs is available through the Maryland State Department of Transportation (“MDOT”), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076. The phone numbers are 1-410-865- 1269, 1-800-544-6056, or TTY 1-800-735-2258. The directory is also available on the MDOT website at https://marylandmdbe.mdbecert.com/FrontEnd/searchcertifieddirectory.asp. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.
10. An Offeror that requests a waiver of the goal or any of the applicable sub-goals will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.
11. All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment D-1A), completed and submitted by the Offeror in connection with its certified MBE participation commitment shall be considered a part of the Agreement and are hereby expressly incorporated into the Agreement by reference thereto. All of the referenced documents will be considered a part of the Proposal for order of precedence purposes (see Sample Contract Agreement – Attachment G).
The Offeror is advised that liquidated damages will apply in the event the successful Offeror fails to comply in good faith with the requirements of the MBE program and pertinent Contract.
1.16 Cancellations; Discussions
MSA reserves the right to cancel this RFP or to accept or reject any and all proposals in whole or in part received in response to this RFP; to waive or permit cure of minor irregularities; and to conduct discussions with any or all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of MSA. This may be followed by submission of Offeror-revised Proposals and best and final offers (BAFO). MSA also reserves the right, in its sole discretion, to award a contract based upon written proposals received, without prior discussions or negotiations.
1.17 Incurred Expenses; Economy of Preparation
MSA will not be responsible for any costs incurred by an Offeror in preparing and submitting a proposal, in making an oral presentation, in providing a demonstration or in performing any other activities relative to this RFP. Proposals should be prepared simply and economically, providing a straightforward and concise description of how the Offeror proposes to meet the requirements of this RFP.
https://marylandmdbe.mdbecert.com/FrontEnd/searchcertifieddirectory.asp
1.18 Protests/Disputes
Any protest or dispute related to this RFP or a resulting Agreement shall be subject to Section 10 of MSA’s Procurement Policies and Procedures and the relevant provisions of the Agreement.
1.19 Public Records Act Notice
a. The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by MSA under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4 Offerors are advised to read carefully the requirements set forth in Section 4.2 a) herein regarding identification of confidential or proprietary information.(See also RFP Section 1.23 “Confidentiality”).
b. This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.
c. Offerors are advised that upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.
1.20 Offeror Responsibilities
a. The Offerors shall be able to provide all goods and services required by this RFP and the successful Offeror shall be responsible for Agreement performance including any subcontractor participation.
b. All subcontractors must be identified, and a complete description of their roles relative to the Proposal must be included in the Offeror’s Proposal. If applicable, subcontractors utilized in meeting the established MBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this RFP (see Section 1.13 “Minority Participation Enterprise”).
c. If an Offeror is the subsidiary of another entity, all information submitted by the Offeror including but not limited to references and financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet the minimum qualifications, if any, shall pertain exclusively to the Offeror unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent entity, stating that the parent entity will guarantee the performance of the subsidiary.
d. A performance guarantee by a parent entity of the Offeror under this Section will not automatically result in crediting the Offeror with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which MSA determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be directly involved in the performance of the Agreement, and the value of the parent’s participation as determined by MSA.
1.21 Patents, Copyrights, and Intellectual Property
a. References in this section 1.19 to Contractor mean the Offeror if awarded a contract or agreement pursuant to the RFP.
b. If the Contractor furnishes any design, device, material, process or other item that is covered by a patent or copyright or that is proprietary to or a trade secret of another, it shall obtain the necessary permission or license to permit MSA to use such item.
c. The Contractor will defend or settle, at its own expense, any claim or suit against the Authority or the State alleging that any such item furnished by the Contractor infringes any patent, trademark, copyright, or trade secret. The Contractor also will pay all damages and costs that by final judgment may be assessed against the Authority or the State due to such infringement and all attorney fees and litigation expenses reasonably incurred by the Authority or the State to defend against such a claim or suit. The obligations of this paragraph are in addition to those stated in the next paragraph.
d. If any product(s) furnished by the Contractor becomes, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option: (1) procure for the Authority the right to continue using the applicable item;
(2) replace the product with a non-infringing product substantially complying with the item’s specifications; or (3) modify the item so it becomes non-infringing and performs in a substantially similar manner to the original item.
1.22 Non-Exclusive Use
Neither this RFP nor any resulting Agreement shall be construed to require MSA to use any Offeror or exclusively use the Contractor for the services described in this RFP. MSA reserves the right to obtain services of any nature from other sources when it is in the best interest of MSA to do so and without notice to any party. MSA makes no guarantees that it will purchase any products or services from the Contractor resulting from this RFP.
1.23 Sustainability Policies
MSA is committed to procuring all supplies, services, maintenance, construction, and architect-engineer services in a manner consistent with the promotion of sound environmental practices.
1.24 Payments by Electronic Fund Transfer
By submitting a response to this RFP, the Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption from this method of payment. The awarded Contractor shall register using the COT/GAD X-10 Vendor Electronic Funds Transfer (ETF) Registration Request form. MSA will provide the required EFT forms to the awarded Contractor. Requests for exemption are strictly the responsibility of the awarded Contractor.
1.25 Confidentiality
Subject to the Maryland Public Information Act and any other applicable laws, all confidential or proprietary information and documentation relating to either party to a Contract resulting from this RFP (including without limitation any information or data stored within the Contractor’s computer systems) shall be held in absolute confidence by the other party. However, each party shall be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under the Contract, provided that the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of the Contract; (c) was already in the possession of such party;
(d) was supplied to such party by a third-party lawfully in possession thereof and legally permitted to further disclose the information; or (e) such party is required to disclose by law.
1.26 False Statements
Offerors are advised that State Finance and Procurement Article § 11-205.1, Annotated Code of Maryland provides as follows:
a. In connection with a procurement contract, a person may not willfully:
1. Falsify, conceal, or suppress a material fact by any scheme or device;
2. Make a false or fraudulent statement or representation of a material fact; or
3. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.
b. A person may not aid or conspire with another person to commit an act under subsection of this section.
c. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.
1.27 Certified Payrolls
The Contractor shall be responsible for submission of Certified Payroll Reports to MSA within five
(5) business days of the end of each payroll period.
1.28 MBE and Prevailing Wage Compliance System
As part of MSA’s commitment to assisting firms in complying with legal and contractual requirements, MSA maintains a web-based MBE and prevailing wage compliance system. The system was designed to provide various work-flow automation features that improve the project reporting process. This system will monitor contract compliance for all contracts. The prime firm, its first-tier consultants, and all MBE participation subcontractors awarded contracts will be required to use the web-based system to submit project information including, but not limited to, certification of payments made and received and certified payroll records (if the contract includes prevailing wage and/or workforce development requirements). MSA may require additional information related to the contract to be provided electronically through the system at any time before, during, or after contract award.
1.29 Project Management Information System
MSA shall require the Contractor and its subcontractors to use the ProjectTeam Capital Program Management Software (“ProjectTeam”). ProjectTeam will be used for the management of financial, document, collaboration, schedule, and field data.
The Contractor and its subcontractors are required to access the ProjectTeam System via internet.
Any hardware, internet connectivity, and/or software required to access the internet shall be furnished by the Contractor. Contractor and its subcontractors must agree to the ProjectTeam Master Services Agreement (https://www.projectteam.com/legal/terms).
Credentials for the ProjectTeam can be made available to each and every one of the Contractor’s relevant project team members throughout the Contractor’s active participation on the project at no cost to the Contractor. Training specific to MSA’s use and configuration of the ProjectTeam System, along with associated training materials, shall be furnished to the Contractor by MSA or its designee.
MSA shall retain ownership of all data entered into ProjectTeam.
1.30 Liquidated Damages
Liquidated damages shall not constitute a penalty, are MSA’s sole and exclusive remedy for Contractor’s, or its subcontractor’s, failure to perform any or all tasks under this Contract.
1.30.1 Liquidated Damages – MBE
This Contract requires the Contractor to make good faith efforts to comply with the MBE Program and contract provisions with respect to subcontractors. MSA and the Contractor acknowledge and agree that MSA will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. Because the precise dollar amount of such damages is impossible to determine, Contractor agrees upon a determination by MSA that Contractor failed to comply with one or more of the specified requirements of the MBE Program, related contract provisions, or the prompt payment requirements, Contractor shall pay liquidated damages to MSA calculated as follows:
Table 1: MBE Compliance
COMPLIANCE FAILURE LIQUIDATED DAMAGES CALCULATION
a) Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B(3)
$120 per day until the monthly report is submitted as required.
b) Failure to include in its agreements with an MBE subcontractor a provision
$60 per MBE subcontractor https://www.projectteam.com/legal/terms requiring submission of payment reports in full compliance with COMAR 21.11.03.13B(4)
c) Failure to comply with COMAR
21.11.03.12 in terminating, cancelling or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule.
The difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific firm and the dollar value of the work actually performed by that MBE firm under this Agreement.
d) Failure to meet the Construction Manager's total MBE participation goal and sub-goal commitments
The difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.
Notwithstanding the use of liquidated damages, MSA reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.
1.30.2 Liquidated Damages – Supplies or Services
A. If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damage, pay to the State liquidated damages per one (1) calendar day of delay in the amounts as follow:
Table 2: Liquidated Damages - Delayed Supplies or Services
Days Late Amount per day 0 – 15 $ 0.00 16 – 30 $ 1,000.00 31 – 45 $ 1,500.00 46 – 60 $ 2,000.00 61 or more $ 2,500.00
B. If the State terminates this contract in whole or in part under the termination for default clause the Contractor is liable for liquidated damages accruing until the State reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of re-procurement under the Termination clause.
C. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor, or its subcontractors, as defined in the Delays and Time Extensions clause in this contract.
D. The amount of liquidated damages shall not be capped (or otherwise limited) to an amount less than the total amount of liquidated damages that may be assessed pursuant to the terms of the contract.
1.30.3 Liquidated Damages – Prevailing Wage
A. If the Contractor is late in submitting copies of required payroll records, the Authority may postpone the processing of partial payment estimates pending receipt thereof; and the Contractor shall be liable to the Authority for liquidated damages in the amount specified in St. Fin. & Proc. § 17-220 (as of the date of the contract) for each calendar day the records are late.
B. If a laborer is paid less than the prevailing wage rate of a mechanic while performing a task required to be performed by a mechanic or mechanic’s apprentice or an employee is paid less than the applicable prevailing wage rate, the Contractor shall be liable to the Authority for liquidated damages in the amount specified St. Fin. & Proc.
§ 17-222(a)(1) (as of the date of the contract) for each day the laborer or employee is underpaid.
C. If a laborer is paid less than the prevailing wage rate of a mechanic while performing a task required to be performed by a mechanic or mechanic’s apprentice or an employee is paid less than the applicable prevailing wage rate and the Contractor knew or reasonably should have known of the Contractor’s obligation to pay the prevailing wage rate, the Contractor shall be liable to the Authority for liquidated damages in the amount specified St. Fin. & Proc. § 17-222(a)(2) (as of the date of the contract) for each day the laborer or employee is underpaid.
1.31 Verification of Registration and Tax Payment
Before an entity can do business in the State, it must be registered with the Department of Assessments and Taxation (“SDAT”) located at 700 E. Pratt St. Suite 2700, Baltimore, MD 21202- 6377 (available online at: https://egov.maryland.gov/businessexpress). It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date and time.
An Offeror’s failure to complete registration, or to be in Good Standing with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for contract award under this RFP.
Prior to contract award under this RFP, the selected Offeror, including joint ventures, must be able to provide a Certificate of Good Standing from the Maryland State Department of Assessments and Taxation.
https://egov.maryland.gov/businessexpress
SECTION 2
OFFEROR’S QUALIFICATIONS
The following minimum qualifications shall be met in order to be considered for this RFP:
a. The Offeror shall be a firm experienced with providing services as a prime contractor for programs or projects similar in size and scope to that described in the RFP;
b. The Offeror shall have significant experience participating in all phases of construction including pre-construction (procurement, submittal review, etc.); construction (contract administration and enforcement, scheduling, budgeting, etc.); and post-construction (close out documentation, final reporting, etc.);
c. The Offeror shall have a minimum of five (5) years of experience providing prime contracting services on abatement and demolition projects;
d. The Offeror’s confirmation that it will meet the agreed upon schedule set forth in Section 3.11 of the RFP;
e. The Offeror or its proposed subcontractor tasked to handle hazardous materials shall be appropriately certified, and have a minimum of five (5) years of experience providing these services.
f. The Offeror’s understanding of the Program Protocols, standards, laws and conditions as they apply to the work to be performed under this project, see Attachment E; and
g. Has the ability to meet the insurance and bonding requirements as required by the set forth in Sections 3.8 and 3.9 of the RFP, and the Attachment G.
SECTION 3
PURPOSE AND SCOPE OF SERVICES
3.1 Purpose
As described in Section 1.1, MSA is soliciting proposals from prime contractors to provide abatement, demolition, site development and/or stabilization services for properties identified and selected under the Program. MSA is the State unit responsible for the oversight of abatement, demolition, site development and stabilization services, including the selection of qualified contractors, consultants, engineers, and others as the circumstances may require. The Department is the State agency to which the General Assembly has allocated funding for the Program. The respective obligations and responsibilities of MSA, the City and the Department to each other under the Program are set forth in a separate Memorandum of Agreement between the parties.
3.2 Scope of Services – Requirements
The scope of services is set forth on Attachment E attached hereto. Specifically, MSA is seeking proposals for qualified contractors to provide the Services for various properties in Baltimore City listed on Attachment M attached hereto. The Contractor shall work closely with MSA and the Environmental Contractor, as defined by the Project Manual (Attachment H), as appropriate, throughout all phases of the Project. MSA reserves the right to add or delete scope in a manner necessary to serve the best interests of MSA. MSA reserves the right to proceed with all or a partial portion of the scope of services at any point throughout the project.
3.3 Contractor’s Work Force
Contractor shall provide a workforce sufficient to complete the work as specified. Contractor shall report without delay any damage to any equipment or property and shall be held responsible for the repair and/or replacement of any such damage caused by its crew or equipment.
3.4 Working Hours
Regular working hours shall mean between 7:00 a.m. and 5:00 p.m. Monday through Friday, MSA holidays and weekends excluded.
3.5 Coordination/Planning
All work must be conducted in a manner that meets the approval of MSA. There may be meetings on-site between the Contractor and Program Manager to certify the accomplishment of work. Any specific problem area which does not meet the Contract requirements set forth herein shall be called to the attention of the Contractor along with the action required to satisfy the requirements.
MSA reserves the right to perform similar work by MSA forces or other contractual means in the immediate vicinity or adjacent to the work being performed by the Contractor.
3.6 Contractor’s Use of Premises
The Contractor shall confine operations at the site to the areas permitted under the Contract.
Portions of the site beyond areas on which work is indicated are not to be disturbed. The
Contractor shall conform to site rules and regulations affecting work while engaged in contract work.
3.7 Safety
The Contractor shall take all necessary precautions for the safety of employees on the work crew to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. All work shall be done in accordance with all applicable laws and codes.
3.8 Insurance Requirements
Upon Contract award, the insurance requirements are as follows:
3.8.1 Commercial General Liability Insurance
The Contractor shall obtain and maintain, from Contract execution and through the duration of the Contract term, insurance coverage for general liability claims (including, but not limited to, claims for bodily injury and property damage, including loss of use) arising from the operations of the Contractor, subcontractors, and suppliers that satisfies the following requirements:
A. Commercial General Liability (“CGL”) insurance to be provided through the use of ISO Coverage Form CG-00-01-1001 or its equivalent.
B. Minimum coverage limits of: $1,000,000 as a per occurrence limit;
C. $2,000,000 as a general aggregate limit (applied separately to claims arising from the Contractor’s performance under the Contract); and
D. $2,000,000 as a products/completed operations limit.
E. MSA, State of Maryland, City of Baltimore, the City and the Department shall be added as Additional Insured’s by additional insured endorsements ISO CG-20-10 and CG-20-37 or their equivalents. As Additional Insureds, MSA, State of Maryland, City of Baltimore, City and the Department shall have coverage for liability arising out of the Contractor’s ongoing and completed operations performed for MSA, the City or the Department.
F. The CGL insurance policy shall include waivers of subrogation in favor of MSA, the City and the Department.
G. The CGL insurance policy shall be primary and noncontributory with respect to the coverage afforded to MSA, the City and the Department.
H. The CGL insurance policy shall not contain any exclusion for: X, C and/or U hazards; third party actions over claims; or punitive damages.
I. The CGL insurance policy shall include Blanket Written Contractual Liability covering all contractual liabilities and indemnities assumed by the Contractor pursuant to the Contract.
J. The CGL insurance policy shall also include the following extensions:
1. The general aggregate limit shall apply separately to the Contract;
2. Premises/Operations;
3. Actions of Independent Contractors, subcontractors and subcontractors;
4. Products/Completed Operations to be maintained for at least two (2) years after the expiration or termination of the Contract;
5. Personal injury liability including coverage for offenses related to employment and for offenses assumed under the Contract (including deletion of any standard employment and/or contractual exclusions if contained in the personal injury coverage section); and
6. If a Project encroaches within fifty (50) feet of the centerline of a railroad, the CGL insurance policy shall include ISO Endorsement CG-24-17 or its equivalent prior to the Contractor beginning any work on such Project.
3.8.2 Automobile Liability
The Contractor shall obtain and maintain, from and after the date of the Contract, insurance coverage for third party legal liability claims arising from bodily injury and/or damage to property of others resulting from the ownership, maintenance, or use of any motor vehicle (whether owned, hired, or not owned), both on-site and off-site. Such Business Automobile Liability (“BAL”) insurance shall also include coverage against uninsured motorists and automobile contractual liability. The BAL insurance shall satisfy the following requirements:
A. Minimum $1,000,000 combined single limit on coverage.
B. The BAL insurance policy shall include waivers of subrogation in favor of MSA, the City and the Department.
C. The BAL insurance policy shall name MSA, State of Maryland, the City, City of Baltimore, and the Department as Additional Insureds.
D. If a Project encroaches within fifty (50) feet of the centerline of a railroad, the BAL insurance policy shall include ISO Endorsement CA-20-70 or its equivalent prior to the Contractor beginning any work on such Project.
3.8.3 Workers Compensation and Employers Liability
The Contractor shall obtain and maintain, from and after the date of the Contract, insurance coverage for claims arising from Workers Compensation statutes and from Employer’s Liability or other third party legal liability claims arising from bodily injury, disease, or death of the Contractor’s employees. Such insurance shall satisfy the following requirements:
A. The Contractor shall provide Workers Compensation coverage for all employees and require that its subcontractors provide Workers Compensation coverage for all their employees in accordance with the statutory requirements of the jurisdiction in which the work is being performed.
B. The policy shall provide for both Workers Compensation coverage (“Part A”) and Employers Liability coverage (“Part B”).
C. The minimum limits of coverage for Part A (Workers Compensation) shall be in accordance with the statutory requirements of the jurisdiction in which the work is being performed. The minimum limits of coverage for Part B (Employers Liability) shall be $1,000,000 for each accident, $1,000,000 for each employee, and a $1,000,000 aggregate policy limit for disease.
D. Part B (Employers Liability) of such insurance policy shall include waivers of subrogation in favor of MSA, State of Maryland, City of Baltimore, the City and the Department. These parties shall also be named as Additional Insureds with respect to Part B (Employers Liability).
3.8.4 Excess Liability/Umbrella Liability
The Contractor shall obtain and maintain, from and after the date of the Contract, insurance coverage for third party legal liability claims against the Contractor that exceed the per occurrence or general aggregate limits of the CGL insurance policy, the BAL insurance policy, and Part B (Employer’s Liability) of the Workers’ Compensation and Employer’s Liability insurance policy.
Such excess/umbrella insurance shall satisfy the following requirements:
A. Unless otherwise specified by the Procurement Officer, the required minimum coverage limits for such insurance is
B. $1,000,000 per occurrence.
C. MSA, State of Maryland, City of Baltimore, the City and the Department shall be named as Additional Insureds with respect to such excess/umbrella liability insurance.
D. The excess/umbrella liability insurance policy shall include waivers of subrogation in favor of MSA, State of Maryland, City of Baltimore, the City and the Department.
E. The excess/umbrella liability insurance shall be primary and noncontributory with respect to the coverage afforded to MSA, State of Maryland, City of Baltimore, the City, and the Department.
3.8.5 Additional insurance requirements
A. The amount of insurance coverage specified herein shall be the minimum amount of insurance available to satisfy claims. The Contractor shall purchase and maintain such insurance with a minimum of the limits of liability as specified herein, as otherwise specified by the Procurement Officer with respect to a particular Project, or as required by law, whichever is greatest.
B. A policy is not acceptable if it allows the costs associated with investigating, managing, or defending against any claim or any other costs incurred by the insured or the insurer to be deducted from the policy limits.
C. Required insurance shall be purchased from and maintained with a company or companies lawfully authorized to do business in the State of Maryland. Insurance companies providing coverage as required herein shall have an AM Best rating of A-VII or better. All policies must be on a primary basis. All policies, except Professional Liability and Workers’ Compensation, shall name MSA, State of Maryland, City of Baltimore, the
City and the Department as “Additional Insured.”
D. Contractor shall be responsible for the maintenance of this insurance regardless of whether the work is performed directly by Contractor, by any subcontractor, by any person employed by the Contractor or any subcontractor, or by anyone for whose acts the Contractor may be liable.
E. The Contractor agrees, for itself and for its insurers, that neither Contractor nor its insurers may raise or use in the adjustment of claims or in the defense of suits against MSA, State of Maryland, City of Baltimore, the City, and the Department, any immunity from or limitation of liability for torts (including under the Maryland Tort Claims Act and/or the Maryland Local Government Tort Claims Act) unless requested by
MSA.
F. MSA prefers that all liability insurance policies (whether for professional liability, commercial general liability, business automobile liability, excess and/or umbrella liability, employer liability, or otherwise) be written on an “occurrence basis.”
However, if any liability insurance policy is on a “claims made” basis, the insurance must be maintained for a period of no less than ten (10) years after the end of the term of the Contract and the retroactive date must be listed as prior to or on the date on which the Contract is executed. If the policy is scheduled to be cancelled, not renewed, or not replaced prior to the expiration of such ten (10) year period, then prior to such cancellation, nonrenewal, or non- replacement, the Contractor must purchase an Extended Reporting Coverage (Tail) to cover the exposures past the cancellation, termination, or expiration date, as applicable.
3.9 Bonding
3.9.1 Bid/Proposal Bond
The following proposal security requirements are to be provided to MSA with the Financial Proposal. Failure to comply with these requirements will render the Offeror’s proposal not reasonably susceptible of being selected for award.
A. The Offeror shall…
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