DRCF Weight Pits - Project Manual.pdf

PROJECT MANUAL

FOR

RENOVATION OF WEIGHT PITS

FOR ACCESSIBILITY AT THE

DORSEY RUN CORRECTIONAL FACILITY

(DRCF)

JESSUP, MARYLAND

STATE OF MARYLAND

DIVISION OF CAPITAL CONSTRUCTION AND

FACILITIES MAINTENANCE

CONTRACT NO.: KJC-000-140-C03

August 15, 2019

Department of Public Safety Board of Public Works & Correctional Services Larry J. Hogan Jr, Governor Robert L. Green, Secretary Peter Franchot, Comptroller David Bezanson, Assistant Secretary Nancy K. Kopp, Treasurer

Bid documents are available only online from eMaryland Marketplace Advantage (eMMA).

Those are the only official documents to be used by Bidders for this Invitation for Bids (IFB). The Bidders shall print on their own stationary the required documents for submitting their bid (as Construction BID Form, Bid Proposal Affidavit, BID Bond, etc.) and submit to the Owner (DPSCS, Division of Capital Construction and Facilities Maintenance) in a sealed envelope which clearly indicates that it contains a sealed bid for this project with the bid due date and the name and address of the Bidder.

Minority Business Enterprises (MBEs) and Veteran-Owned Small Businesses (VSBE) are encouraged to participate and respond to this Invitation for Bids.

RENOVATION OF WEIGHT PITS FOR ACCESSIBILITY AT THE

DORSEY RUN CORRECTIONAL FACILITY (DRCF), JESSUP, MARYLAND

CONTRACT NO.: KJC-000-140-C03 SOLICITATION NO.: BPM015411

TABLE OF CONTENTS i / i

TABLE OF CONTENTS:

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

00 15 40 SECURITY

00 20 00 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS

00 25 00 CONTRACTORS BARRED FROM BUSINESS WITH MARYLAND GOVERNMENT

00 30 00 GENERAL CONDITIONS OF THE CONTRACT AND MBE VSBE FORMS

00 50 00 PROJECT DIRECTORY

00 60 00 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY OF WORK

01 25 00 SUBSTITUTION PROCEDURES

01 26 00 CONTRACT MODIFICATION PROCEDURES

01 29 00 PAYMENT PROCEDURES

01 31 00 PROJECT MANAGEMENT AND COORDINATION

01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 40 00 QUALITY REQUIREMENTS

01 42 00 REFERENCES

01 60 00 PRODUCT REQUIREMENTS

01 73 00 EXECUTION

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 77 00 CLOSEOUT PROCEDURES

01 78 39 PROJECT RECORD DOCUMENTS

CUT SHEETS

SECURITY 00 15 40 - 1/2

SECTION 00 15 40

SECURITY

SECURITY 00 15 40 - 2/2

SECTION 00 15 40 – SECURITY

This project is located inside the secured perimeter of the correctional facility. Inmates will be present at site. Therefore, access to the site will be restrictive. All employees of the Proposers shall be subject to all rules and regulations of the facility, during the pre-proposal tours, design and construction phases.

The following documents are attached for reference and use.

A. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, State of Maryland EXECUTIVE DIRECTIVE OPS.105.0001, Contraband — Criminal Violations, dated August 7, 2015, B. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, State of Maryland EXECUTIVE DIRECTIVE OPS.110.0002, Custody and Security — Correctional Facility, Con-struction Projects, dated August 28, 2015, and

C. Site Tour – Security Requirements

D. Criminal history checks blank form.

END OF SECTION 00 15 40

Executive Directive

Stephen T. Moyer Wendell M. France

Secretary Deputy Secretary for Operations

.01 Purpose.

This directive continues policy and responsibilities for the Department of Public Safety and Correctional

Services (Department) to address amendments to the criminal law that make possessing or delivering contraband at a place of confinement a criminal act.

.02 Scope.

This directive applies to all units of the Department.

.03 Policy.

A. The Department shall ensure that employees, visitors, and inmates are informed that possessing or delivering contraband at a place of confinement is a criminal violation.

B. The Department shall enforce the criminal act of possessing or delivering contraband at a place of confinement to the same extent and according to the same procedures as other criminal violations occurring under the jurisdiction of the Department.

.04 Definitions.

A. In this directive, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Alcoholic beverage” means beer, wine, or other distilled spirits.

(2) Contraband.

(a) “Contraband” means any item, material, substance, or other item that:

Title:

Contraband — Criminal Violations Executive Directive Number:

OPS.105.0001

Revised

Related MD Statute/Regulations:

Correctional Services Article, §2-103, Annotated

Code of Maryland and Criminal Law Article, §§9-410— 9-417, Annotated Code of Maryland

(Effective October 1, 2007)

Supersedes:

OPS.105.0001 dated May 5, 2014

Related ACA Standards:

4-4120; 4-4228; 4-4231 and 4-4503

4-ALDF-2A-27; 4-ALDF-3A-01and 02 and

4-ALDF-7C-03

Responsible Authority:

Executive Director, Field Support Services

Related MCC Standards:

.05F Effective Date:

August 7, 2015

Number of Pages: 6

Executive Directive Number: OPS.105.0001

(i) Is not authorized for inmate possession by a managing official; or

(ii) Is brought into a correctional facility in a manner prohibited by the managing official.

(b) “Contraband” does not include:

(i) The amount of an item, material, substance, or other thing that exceeds the quantity of the item, material, substance, or other thing that the managing official has authorized an inmate to possess that is to be handled as excess personal property; or

(ii) A Department owned and issued telecommunication device necessary for a Department employee to conduct Department business while at a place or confinement.

(c) “Contraband” includes, but may not be limited to:

(i) An alcoholic beverage;

(ii) A controlled dangerous substance;

(iii) Except under §.04B(2)(b)(ii) of this directive, a telecommunication device; and

(iv) A weapon.

(3) “Controlled dangerous substance” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(4) Employee.

(a) “Employee” means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position.

(b) “Employee” includes:

(i) A volunteer;

(ii) An intern; and

(iii) Other individual (contractor) providing goods or services to the Department.

(5) Managing Official.

(a) “Managing official” means the individual responsible for a place of confinement.

(b) “Managing official” includes:

(i) An administrator;

(ii) A director;

(iii) A warden;

(iv) A superintendent;

(v) A sheriff; or

(vi) Other individual with the same responsibility.

(6) Place of Confinement.

(a) “Place of confinement” means:

(i) A correctional facility as defined under Correctional Services Article, §1-101, Annotated

Code of Maryland;

(ii) A detention center for juveniles;

(iii) A facility for juveniles listed in Article 83C, §2-117(a)(2), Annotated Code of Maryland;

(iv) A place identified in a juvenile community detention order; or

(v) Any other facility in which a person is confined under color of law.

(b) “Place of confinement’ does not include a place identified in a home detention order or agreement.

(c) “Place of confinement” includes:

(i) Buildings and property used for the purpose, or in support, of detaining or confining an individual in the custody or under the supervision of the Department; and

(ii) Appurtenances to a place of confinement.

(7) Telecommunication Device.

(a) “Telecommunication device” means:

(i) A device that is able to transmit telephonic, electrical, digital, cellular, or radio communications; or

(ii) A part of a device that is able to transmit telephonic, electrical, digital, cellular, or radio communications, regardless of whether the part itself is able to transmit.

(b) “Telecommunication device” includes a:

(i) Cellular telephone;

(ii) Digital telephone;

(iii) Picture telephone; and

(iv) Modem equipped device.

(8) “Weapon” means a gun, knife, club, explosive, or other article that can be used to kill or inflict bodily harm.

.05 Responsibility.

A. Criminal Violation.

(1) Except under §§.05A(2) and (3) of this directive, it is a misdemeanor punishable by 3 years imprisonment or $1,000 fine, or both for an individual to:

(a) Deliver contraband to an individual detained or confined in a place of confinement;

(b) Possess with the intent to deliver contraband to an individual detained or confined in a place of confinement; or

(c) Knowingly possess contraband in a place of confinement.

(2) It is a felony punishable by 10 years imprisonment or $5,000 fine, or both for an individual to:

(a) Deliver contraband to an individual detained or confined in a place of confinement with the intent to effect an escape;

(b) Possess contraband with the intent to deliver contraband to an individual detained or confined in a place of confinement to effect an escape;

(c) Deposit or conceal contraband in or about a place of confinement to effect an escape; or

(d) If detained or confined in a place of confinement, knowingly possess or receive contraband to effect an escape.

(3) If the contraband is a weapon, it is a felony punishable by 10 years imprisonment or $5,000 fine, or both for an individual to:

(a) Deliver a weapon to an individual detained or confined in a place of confinement;

(b) Possess a weapon with the intent to deliver contraband to an individual detained or confined in a place of confinement;

(c) Deposit or conceal a weapon in or about a place of confinement to effect an escape; or

(d) If detained or confined in a place of confinement, knowingly possess or receive a weapon.

B. Uniform Procedures.

The Executive Director — Field Support Services, or a designee, shall ensure that procedures and signs developed in accordance with this directive are, to the degree possible, uniform for all places of confinement under the Department’s authority.

C. Notification.

(1) A managing official shall ensure that an individual at a place of confinement, to include:

employees, visitors, and individuals detained or confined in a place of confinement, are informed of the prohibitions concerning contraband.

(2) A managing official shall establish local procedures for informing employees, visitors, and individuals detained or confined in a place of confinement of the prohibitions concerning contraband that, at a minimum, include:

(a) Universal signage that is consistent throughout the Department depicting the prohibitions for contraband that is displayed:

(i) At each point of entry onto place of confinement property;

(ii) At each point of entry into the secure area of the place of confinement;

(iii) At each point of entry used by an employee at a place of confinement;

(iv) At each point of entry used by a visitor to a place of confinement;

(v) In any waiting area where a visitor is waiting to see an individual detained or confined in the place of confinement;

(vi) At a point of entry used by an individual detained or confined to a place of confinement;

and

(vii) At a point of entry to an area used by an individual detained or confined in a place of confinement to meet with a visitor;

(b) Provisions for a visitor to temporarily secure personal property legally possessed by the visitor, but otherwise not permitted in a place of confinement by law or Department or facility policy;

(c) Written notification of prohibitions for contraband for:

(i) An individual detained or confined in a place of confinement;

(ii) An individual included on a visitor list of an individual detained or confined in a place of confinement;

(iii) Other visitors to the place of confinement; and

(iv) Employees;

(d) Written notification of and acknowledgement by an individual detained or confined in a place of confinement that the individual is responsible for notifying a visitor named on the individual’s visitor list of prohibitions for contraband; and

(e) Retention of documents used to notify inmates and employees of prohibitions for contraband under this directive.

D. Reporting, Investigating, and Documenting Violations of Contraband Prohibitions.

(1) Reporting, investigating, and documenting alleged criminal and administrative violations of contraband prohibitions shall accomplished according to existing Department policy and procedure for reporting, investigating, and documenting criminal and administrative violations.

(2) The managing official, or a designee, shall report alleged criminal and appropriate employee administrative violations of contraband prohibitions to the Internal Investigative Division (IID).

(3) The Director of the IID shall ensure that a report of an alleged criminal or appropriate employee administrative violation of contraband prohibitions is recorded and resolved according to existing

IID and Department procedures.

E. Disciplinary Action.

(1) An action taken in response to an alleged criminal violation of contraband prohibitions does not preclude Department disciplinary action against an employee that, if found guilty of the criminal violation with sanctions up to and including termination of employment with the Department

(2) An action taken in response to an alleged criminal violation of contraband prohibitions does not preclude administrative action against individual detained by or in the custody of a place of confinement for violation inmate rules.

.06 Attachment(s)/Links.

There are no attachments or links to this directive.

.07 History.

This Directive rescinds OPS.105.0001 dated May 5, 2014 and supersedes provisions of any other prior existing Department or unit communication with which it may be in conflict.

.08 Correctional Facility Distribution Code.

A

B

L

Executive Directive

Stephen T. Moyer Wendell M. France

Secretary Deputy Secretary for Operations

.01 Purpose.

This directive continues existing policy and designates responsibilities for security and control during capital construction projects inside the secure perimeter at a Department of Public Safety and Correctional

Services (Department) correctional or detention facility.

.02 Scope.

This directive applies to units of the Department responsible for security and control at a Department correctional or detention facility and employees of the Division of Capital Construction and Facilities

Maintenance.

.03 Policy.

A. The Department shall establish safeguards during a capital construction project inside the secure perimeter at a correctional or detention facility to maximize security for and control of individuals at the affected Department correctional facility.

B. The Department shall establish safeguards during a capital construction project inside the secure perimeter at a correctional facility that minimize the operational impact on the correctional or detention facility caused by a capital construction project and the individuals responsible for completing the capital construction project.

.04 Definitions.

A. In this directive, the following terms have the meanings indicated.

B. Terms Defined.

Title:

Custody and Security — Correctional Facility

Construction Projects

Executive Directive Number:

OPS.110.0002

Revised

Related MD Statute/Regulations:

Correctional Services Article, §§2-103, Annotated Code of Maryland;

Supersedes:

OPS.110.0002

dated April 4, 2014

Related ACA Standards:

2-CO-3A-01, 2-CO-3B-02; 4-4172, 4-4196

Responsible Authority:

Director, Capital Construction and

Facilities Maintenance

Executive Director, Field Support

Services

Related MCCS Standards:

N/A

Effective Date:

August 28, 2015

Number of Pages: 4

Executive Directive Number: OPS.110.0002

(1) Capital Construction Project.

(a) “Capital construction project (project)” means developing, executing, and completing a plan intended to build, modify, renovate, improve, dismantle, or maintain a Department correctional or detention facility.

(b) “Capital construction project (project)” includes a capital maintenance project.

(2) “Construction document” means a written communication, picture, drawing, or other text or graphic communication related to a capital construction project.

(3) “Contractor” means the person obligated to the Department to provide, in part or in whole, materials and services related to completing a capital construction project.

(4) “Contractor’s employee” means an individual working for a contractor or a sub-contractor performing tasks related to the contractor’s obligations to the Department for a capital construction project.

.05 Responsibility/Procedure.

A. A managing official in cooperation with the Director of Security Operations has operational oversight of security during a project at the managing official’s correctional or detention facility.

B. The Division of Capital Construction and Facilities Maintenance (DCCFM) employee designated by the

Director of DCCFM as the manager for a project at a correctional or detention facility shall liaison between the affected managing official and Director of Security Operations, or a designee, and the contractor to ensure that:

(1) Security and control measures are included in the planning for the project;

(2) Department approved security and control measures are included in the construction documents presented to the contractor at the work initiation conference;

(3) Effective measures are established to ensure continuous security and control at the correctional or detention facility during the capital construction project; and

(4) The contractor:

(a) And each contractor’s employee who will be working at the correctional or detention facility is aware of the security requirements established for the project before work begins by:

(i) Providing each contractor’s employee a copy of the security requirements established for the project;

(ii) Having each contractor’s employee acknowledges receipt of the security requirements by signing a copy of the security requirements for the project; and

(iii) Forwarding the signed copy of the security guidelines received from the contractor and each contractor’s employee to the managing official;

(b) And the contractor’s employees are aware that they are required to comply with direction provided by the managing official, or a designee, related to security during the project; and

(c) Is aware of the consequences for breaching security measures established for the project.

C. The following are minimum considerations for security and control during a project at a correctional or detention facility:

(1) To the extent possible, the inmate population shall be isolated from the project work area to minimize security staffing requirements related to the project;

(2) The use of overtime for a Department employee shall be minimized and if overtime becomes necessary, overtime shall be authorized according to established overtime procedures;

(3) Identification for a contractor’s employee entering, working at, and leaving the correctional or detention facility;

(4) Searching a contractor’s employee and equipment;

(5) Security for tools and equipment at the project location;

(6) Searching and parking contractor’s employee’s vehicles at the correctional or detention facility;

(7) Ensuring that the capital construction project work area is “smoke free” according to the State’s no smoking policy;

(8) Hours of work;

(9) Approving alternative hours of work;

(10) Conducting a criminal history records check for each contractor’s employee required to enter the secure perimeter at a correctional or detention facility that includes, at a minimum, a records check through:

(a) The National Crime Information Computer (NCIC); and

(b) The Criminal Justice Information System – Central Repository (CJIS – CR).

D. Contractor.

(1) A contractor is required to agree to comply with security requirements established for the project at the correctional or detention facility before work begins on the project.

(2) A contractor is required to agree to have each contractor’s employee working on a project at the correctional or detention facility acknowledge, in writing, receipt of the security requirements for the project.

.06 Attachment/Links(s).

There are no attachments or links to this directive.

.07 History.

A. This directive replaces OPS.110.0002, titled Custody and Security on Major Construction Projects dated

April 4, 2014.

B. This directive supersedes provisions of any other prior existing Department or unit communication with which it may be in conflict.

.08 Operations Distribution.

A

S — Security Chief

Department of Public Safety and Correctional Services

Division of Capital Construction and Facilities Maintenance

6776 REISTERSTOWN ROAD • SUITE 201 • BALTIMORE, MARYLAND 21215-2341

(410) 585-3020 • TOLL FREE (887) 842-8712 • FAX (410) 764-4434 • V/TTY (800) 735-2258 E-MAIL: dccfm.mailbox@maryland.gov • www.dpscs.maryland.gov

1- Any item brought into this institution in a manner other than authorized is contraband, and the person bringing the item into the institution is subject to criminal penalties. Pursuant to Maryland's Criminal Law Article, Sections 9-410 and 9-412 through 9-417, it is unlawful for a person to possess, deliver, or possess with intent to deliver contraband in a place of confinement.

2- It is unlawful for a person to deposit or conceal a telecommunication device in or about a place of confinement with the intent that it be obtained by a person detained or confined.

Violators are subject to arrest and will be prosecuted to the fullest extent of the law. Upon conviction, violators are subject to imprisonment from periods of 3 to 10 years, fines of $1,000 to $5,000, or both.

Site Tours

Security Requirements

The project is contained within a Correctional Facility, therefore compliance with the security requirements is mandatory for the walk-thru.

The following items are not permitted pass the Gatehouse Security Check Point

Drugs of any type (prescription or over the counter)

Controlled Dangerous Substances

Two way Radios

Cell Phones or Pagers

Laptop, IPad (Pocket P C)

Cameras

Tape Recorders

Large amount of cash (above $50.00)

The following items are not permitted on

State Property

Contraband 1 (of any type to effect an escape)

Lighters or Matches

Knives or Cutters

Tobacco Products

Weapons of any type

Alcoholic Beverages

Attendee’s will be required to present a Picture ID Card for Institutional Entry (Government or

Company Issued ID preferred). All visitors are subject to be screened by a metal detector and/or manual search (if necessary.) If, you cannot clear the metal detector, you will be denied entry. Attendees must dress appropriately during the facility walkthrough. All clothing must cover from the neck to the kneecaps. The wearing of sport (athletic) or form-fitting attire will not be permitted. Accessory pins or brooches may not be worn inside the institutions. Coats, jackets, umbrellas, shawls and scarves will be placed in an appropriate area.

Smoking is not permitted anywhere on the State property in or out of the Facility.

Reisterstown Road office Plaza 6776 Reisterstown Road Baltimore, Maryland Date: E-Mail To: Contact Information to be Provided at Pre-Bid Meeting

Full Name:

First Middle Last

Address:

Street City State Zip Code

Date of Birth: Social Security Number:

Phone Number: Race: □ Male □ Female

Driver's License No: State:

Purpose of Clearance:

□ Volunteer For:

Department

□ Intern From: For:

□ Other State Agency:

Agency Name

□ Contractual Services:

Type (engineering, medical, etc.)

□ Construction:

Contract Completion Date

Requested by: DPSCS Facility

□ Approved □ Disapproved

Approval: □ Approved □ Disapproved

Signature of Warden or Designee

Please provide the following information:

Insert Scanned Photo ID Here:

This requirement pertains to persons providing services on a daily basis for an extended period of time such as medical contractors, volunteers, and long-term construction employees. It does not apply to persons entering and leaving on a one-day basis such as copier repair technicians. This security-check will be completed prior to the issuance of a picture I.D. and a security orientation.

Phone #

Title

Phone #

Name

DPSCS / DCCFM

Criminal History Security Background Check

Attach Background Investigation Material

Firm

DepartmentCollege/Agency

A security background check will be conducted on all persons entering an institution to provide services. This background check consists of a criminal history check using usual and customary automated criminal history data systems including but not necessarily limited to MDCJIS, NCIC, MVA, FBI, etc.

Sub-Contractor

Recommended:

Name

Contract #

Design Engineer Contract #

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 00 20 00 - 1/1

SECTION 00 20 00

INSTRUCTION TO BIDDERS FOR

CONSTRUCTION CONTRACTS

Department of Public Safety and Correctional Services

Instructions to Bidders for Construction Projects

Board of Public Works Larry Hogan, Governor Peter Franchot, Comptroller

Department of Public Safety and Correctional Services Robert L. Green, Secretary 6776 Reisterstown Road Baltimore Maryland 21215 Nancy K. Kopp, Treasurer

April 2019

Construction Projects January 2019

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS

TABLE OF CONTENTS

PAGE

1 1. NOTICE TO BIDDERS

1 2. CONSTRUCTION BID FORM (PRICE PROPOSAL FORM)

2 3. SITE INVESTIGATION

2 4. BID SECURITY

3 5. BID OPENING

4 6. RIGHT TO REJECT BIDS AND WAIVE IRREGULARITIES/INFORMALITIES

4 7. MODIFICATIONS AND WITHDRAWAL OF BIDS

4 8. PREPARATION OF CONSTRUCTION BID FORM (PRICE PROPOSAL FORM)

5 9. BID/PROPOSAL AFFIDAVIT AND CONTRACT AFFIDAVIT

5 10. PUBLIC INFORMATION ACT

5 11. AWARD AND EXECUTION OF CONTRACT

6 12. PERFORMANCE AND PAYMENT BOND

7 13. MINORITY BUSINESS REQUIREMENTS

8 14. VETERAN-OWNED SMALL BUSINESS ENTERPRISE REQUIREMENTS

8 15. PAYMENT TO CONTRACTORS

8 16. ARREARAGES TO STATE

8 17. PAYMENTS TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER (EFT)

9 18. TIME FOR BID ACCEPTANCE

9 19. ALL NON-RESIDENT BIDDERS

9 20. DISCREPANCIES

9 21. MODIFICATIONS AND WITHDRAWAL OF BIDS

9 22. CONTRACTOR’S FAILURE TO EXECUTE CONTRACT

10 23. CONTRACTOR’S ADDRESS

10 24. COMPONENTS OF THE BID

10 25. PROCUREMENT PRACTICES

11 26. eMARYLAND MARKETPLACE

11 27. SMALL BUSINESS RESERVE PROCUREMENT

12 28. SMALL BUSINESS PREFERENCE PROCUREMENT

13 29. QUALIFICATION QUESTIONNAIRE

Note:

The terms “Bid” and “Bidder” are used throughout this document. Their meanings are to be considered synonymous with the terms “Proposal” and “Proposer”.

Construction Project 1 of 13

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES (DPSCS)

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS

1. NOTICE TO BIDDERS

A. GENERAL

The Notice to Bidders, which may be published as an advertisement, contains a description of the proposed work, together with information to the bidder regarding availability of the Invitation for Bids or Request for Proposals (the “solicitation”), including the project classification, construction bid forms, plans and specifications, the nature of any proposal guarantee, and the reservation of the right of the State to reject any or all bids. Provisions of State statutes and regulations are incorporated into the contract documents, as defined in the General Conditions, pursuant to COMAR (Code of Maryland Regulations) 21.03.01.05B.

B. PROJECT CLASSIFICATION

The Department will estimate the cost of the contract and classify it as falling within one of the following cost groups:

Estimate Class

Up to $100,000 ............................................... A $100,000 to $500,000 ..................................... B $500,000 to $1,000,000 .................................. C $1,000,000 to $2,500,000 ............................... D $2,500,000 to $5,000,000 ............................... E $5,000,000 to $10,000,000 .............................. F $10,000,000 to $15,000,000 ........................... G Over $15,000,000 ........................................... H

The letter designation will be published as part of the solicitation.

2. CONSTRUCTION BID FORM (PRICE PROPOSAL FORM)

A. The Construction Bid From (or the Price Proposal Form) is that from which is included in the contract documents and which sets forth the cost of the Work, the alternates (if any), and units prices (if any) solicited by the State.

B. Unit Prices - Should contractor be required to perform work over and above that required by contract documents, or should he be ordered to omit work required by contract documents, an equitable adjustment shall be made to the contract price, subject to Sections 3.06 and 3.07 of the General Conditions. In determining the amount of any such extra to the contractor, which is governed by unit prices, the amount of the extra will be the unit price bid by the contractor or a reasonable price, whichever is less. In determining the amount of any such credit due the State which is governed by unit prices, the amount of the credit will be the unit price bid by the contractor or a reasonable price, whichever is greater. Unit prices quoted shall be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, DPSCS • Instructions to Bidders

Construction Project 2 of 13 January 2019 shoring, removal, overhead, profit, insurance, bond, etc. Changes shall be processed in accordance with the General Conditions Sections 3.06 and 3.07.

3. SITE INVESTIGATION

See Section 3.04 of the General Conditions.

4. BID SECURITY

A. When the total of the base bid and all add alternates is in excess of $100,000 each bidder must always furnish a bid bond issued by a surety company approved by the State with his construction bid. In cases where the estimated cost of the project exceeds $50,000, the Procurement Officer may require a bid bond. Refer to the Invitation for Bid documents for project specific requirements. In all instances that a bid bond is required, the bond must be in an amount not less than five per cent (5%) of the amount of the base bid plus all add alternates. Bid bonds must conform to COMAR 21.06.07.02 and 21.06.07.03E(1). Submission of a bid bond on a form other than DPSCS’s approved form may render the bid nonresponsive and result in rejection of the bid. If the proper bid bond form is not included in the bid package, it may be obtained from the Department of Public Safety and Correctional Services.

The provisions of DPSCS’s approved bid bond form are a part of these Instructions to Bidders.

B. Certified checks, cash, and other forms of security are acceptable as provided in COMAR 21.06.07.01 and .02.

C. Bid security, regardless of the form (bid bond, certified checks, cash, or other acceptable form of security), shall secure the State against payment of any cost of procuring the work which exceeds the amount of the principal’s bid and shall be subject to the condition that the principal may grant to the State an extension of 120 additional days for acceptance of the bid without notice to or consent from the surety.

D. Bidder must submit bids and Contract Security/Bonds in accordance with applicable provisions of this solicitation; COMAR 21.06.07, and other applicable provisions of the law.

E. BONDING ASSISTANCE OFFERED BY THE MARYLAND SMALL BUSINESS

DEVELOPMENT FINANCING AUTHORITY (MSBDFA) (Program for Maryland Businesses Only) as provided in BPW Advisory No., 1996-3 Revised, / Revised Date:

December 15, 2006 and in BPW Advisory No.: 2006 -4, Dated December 7, 2006.

F. The Maryland Small Business Development Financing Authority (MSBDFA) was created by the Maryland General Assembly in 1978 to assist in the development of socially or economically disadvantaged entrepreneurs in the creation of Maryland businesses. MSBDFA’s financing activity is supported through the repayment of loans, generation of interest income and the collection of fees. Please see below for a brief description of some of the programs administered by the MSBDFA:

(1) CONTRACT FINANCING PROGRAM (CFP) - This program provides financial assistance to eligible businesses in the form of a direct loan or the guaranty of loans made by a financial institution. These funds may be used for working

Construction Project 3 of 13 January 2019 capital and the acquisition of equipment needed to begin, continue or complete work on contracts where a majority of funds are provided by a federal, state or local governments or utilities regulated by the Public Service Commission.

Financing in either form is limited to $1,000,000 and must be repaid during the term of the contract. Interest rates generally range from the prevailing prime rate up to prime plus two percent. Applicants may qualify for financing prior to contract award.

(2) SURETY BOND PROGRAM (SBP) - This program assists eligible small businesses in obtaining bid, performance or payment bonds necessary to perform on contracts where the majority of funds are also provided by a government agency or public utility. SBP directly issues bid, performance or payment bonds or guarantees a surety’s losses incurred as a result of the contractors breach of a bid, performance or payment bond. Additionally, SBP guarantees a surety’s losses incurred as a result of the contractor’s breach of a bid, performance or payment bond. Bonds that are directly issued are limited to $5,000,000. Guaranties are limited to the lesser of ninety percent (90%) of the amount of the bond or $1,350,000. Guaranties on the bonds remain in effect for the duration of the surety’s exposure under the bond. Bonds issued directly by the SBP will remain in effect for a period consistent with that of a regular commercial surety contract. A surety bond line may be established to directly issue or guaranty multiple bonds to a principal within pre-approved terms, conditions and limitations.

(3) GUARANTY FUND PROGRAM (GFP) - This program provides financial assistance to eligible businesses in the form of loan guaranties and interest rate subsidies to financial institutions for long term loans and short term lines of credit. A loan guaranty cannot exceed the lesser of eighty percent (80%) of the loan or $1,000,000. The term of the loan cannot exceed ten (10) years with the maximum interest rate of prime plus two percent. Loan proceeds can be used, among other things, for working capital, the acquisition and installation of machinery or equipment and the purchase or improvements to real property owned or leased by the applicant. GFP can also subsidize up to four percentage points of the interest rate being charged by the financial institution making the loan. The subsidy is subject to an annual review. Terms of repayment of the subsidy are negotiated directly with the borrower.

(4) Contractors and subcontractors requiring MSBDFA assistance should contact the:

MERIDIAN MANAGEMENT GROUP, INC.

MARYLAND SMALL BUSINESS DEVELOPMENT FINANCING AUTHORITY

(MSBDFA)

826 E. Baltimore Street Baltimore, Maryland 21202 Phone - In-State 410-333-2548 Fax Number: 410-333-2552 Email Address: contact@mmggroup.com Website: http://www.mmggroup.com/contact.html

5. BID OPENING

Construction Project 4 of 13 January 2019

A. Bids will be opened in public at the time and place stated in the Notice To Bidders or the solicitation.

B. In the event that DPSCS/DCCFM is not open to the public at least one (1) full hour immediately preceding the deadline established in the contract documents for receipt of bids or offers, the deadline for the receipt of bids or offers will be extended automatically, without further action or notice by the Procurement Officer being necessary, to the next regularly scheduled business day at the same time and location.

C. Any bid received after the due date and time set in the solicitation is late and cannot be considered.

6. RIGHT TO REJECT BIDS AND WAIVE IRREGULARITIES/INFORMALITIES

The State reserves the right to cancel a solicitation, to reject any and all bids, and to waive any minor irregularity in a bid in accordance with COMAR 21.06.02.

7. MODIFICATIONS AND WITHDRAWAL OF BIDS

A. Withdrawal or modification of bids will be allowed only as provided in COMAR

21.05.02.09 and .10.

B. Mistakes in bids may be corrected only as provided in COMAR 21.05.02.12.

8. PREPARATION OF CONSTRUCTION BID FORM (PRICE PROPOSAL FORM)

A. The bidder shall submit his bid on the blank form(s) furnished by the Department for this particular contract. The bidder shall state prices in dollars and cents, in both words and numerals. If there is any conflict between the written words and the numerals, the written words shall govern unless circumstances apparent on the face of the bid make it clear that the contractor intended the bid to be based in the amount stated by the numerals.

B. The bid form(s) shall be filled out in ink or typed. Any erasures and/or alterations shall be initialed in ink by the signer.

C. The bid form, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, it shall be signed by such member or members of the partnership having authority to bind the partnership; if submitted by a corporation, it shall be signed by an officer, attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, as aforesaid, there must be an attached copy of that portion of the By-Laws or a copy of a Board resolution, duly certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation.

D. Any contractor calling itself a “joint venture” shall be, as between the contractor and the State, an ordinary partnership, whose partners are liable to the State as provided in Corporations and Associations Article §9-307 of the Annotated Code of Maryland.

Construction Project 5 of 13 January 2019

E. A bidder or contractor, which is a partnership or joint venture, must furnish the Department with a copy of the partnership or joint venture agreement prior to award.

9. BID/PROPOSAL AFFIDAVIT AND CONTRACT AFFIDAVIT

Bidders must read, and truthfully execute the Bid/Proposal Affidavit included in the RFP package and should submit it with the proposal. The Contract Affidavit (if applicable) included in the construction bid package must be executed and submitted by the contractor prior to final award of the contract. If these affidavits are not included in the construction bid package, they can be obtained from the Department of Public Safety and Correctional Services (DPSCS).

10. PUBLIC INFORMATION ACT

Bidders must identify those portions of their bids which they deem to be confidential or proprietary information or trade secrets and must provide, upon demand by the Department, justification for why such materials should not be disclosed by the State upon request under the Maryland Public Information Act, §§10-611, et seq., of the State Government Article of the Annotated Code of Maryland.

11. AWARD AND EXECUTION OF CONTRACT

A. AWARD OF CONTRACT

(1) Unless otherwise stated in the contract documents, the award of the contract, if awarded, will be to the responsible bidder submitting the lowest responsive bid or evaluated bid. The successful bidder will be given a written notice of intent to award stating that its bid (including applicable add or deduct alternates) has been accepted and that it has been selected for award of the contract. The basis for award of alternates is set forth in the subsection B below, “Award of Alternates.”

(2) Award of this contract by DPSCS will not be final and complete until after (a) a proposed award is approved by the appropriate public authorities, (b) the contractor submits complete and satisfactory documentation required under the contract, such as insurance certificates, affidavits, MBE compliance documents, bonds, etc., and (c) DPSCS executes a contract and forwards it to contractor.

(3) The State reserves the right to apply, before or after award of the contract, any reciprocal preference for Resident Bidders as set forth in §14-401 of the State Finance and Procurement Article of the Annotated Code of Maryland, at no additional cost to the State. As required by §14-401(c), a nonresident bidder or offeror submitting a bid or proposal shall attach to its bid or proposal a copy of the current statute, resolution, policy, procedure, or executive order of the resident state of the nonresident bidder or offeror that pertains to that state’s treatment of nonresident bidders or offerors. The Reciprocal Preference is a percentage of bid price applied to a non-resident business bidder over a resident business bidder. The State of Maryland does not have an in-state preference but imposes a reciprocal preference in-kind, at the option of the State, against bidders from those states that give in-state bidders a preference against Maryland bidders. COMAR 21.05.01.04 explains the treatment of this preference.

B. AWARD OF ALTERNATES

Construction Project 6 of 13 January 2019

If alternates are solicited by the Construction Bid Form, one or more alternates may be awarded in the discretion of the Department in the order in which the alternates are listed in the Construction Bid Form; provided that in the event the State lacks funds for award of the base bid and any succeeding alternates, the State in its discretion may forego the award of the alternate for which funds are not available but may award one or more succeeding alternates for which funds are available.

C. EXECUTION OF CONTRACT

(1) After a notice of proposed award has been issued, the Department will forward the formal contract form, and the forms for the Payment and Performance Bonds to the successful bidder for execution. The bidder must execute the contract form and return it with fully executed Payment and Performance Bonds (if required) to the Department within 10 days after mailing by DPSCS.

(2) As a prerequisite to signing the contract and prior to the expiration of the aforesaid 10 day period, the bidder shall have furnished the following in the form and content required by these General Conditions: (a) Performance and Payment Bonds; (b) Certificates of Insurance; (c) Affirmative Action Plan; (d) Contract Affidavit; and (e) all other documents required by the contract documents to be furnished by the contractor as a condition of award.

(3) After receipt of these properly executed documents, the Department will execute the contract within 120 days following receipt and approval by DPSCS of all documents and receipt of all approvals of the proposed award required by law, and the Department will then forward the contractor a signed copy of the contract. In the event the State fails to execute the contract and forward it to contractor within the 120 day period, the contractor will have, as its only remedy, the option (a) to declare the contract void without any liability or obligation by the State to the contractor, or (b) to accept an extended period for execution by the State at no additional cost to the State.

12. PERFORMANCE AND PAYMENT SECURITY

A. Performance and Payment Bonds are required when the amount of the initial contract award, including base bid and any alternates awarded, is in excess of $100,000.

B. Prior to the award of the contract, the State will provide to the contractor for execution copies of the Performance Bond and Payment Bond. The bonds must be executed and returned to the Department. The premium for the bonds shall be paid by the contractor. Bonds must be submitted on the approved DPSCS forms. (See COMAR 21.07.02.10) Other forms are not acceptable.

C. The performance Bond and the Payment Bond shall be in the full amount of the contract price. Both bonds are subject to the applicable provisions of COMAR 21.06.07.

D. At the direction of the Department, the contractor may be required to increase the amount of the bonds; for such additions, the contractor will be reimbursed by the State in the amount of the actual increased bond cost incurred by the contractor.

Whenever the amount of the contractor’s bonds is increased at the State’s request, Construction Project 7 of 13 January 2019 the State must receive proof of the increase in satisfactory form from the surety. The State will not be liable to the contractor for any increase in bonds not requested by the State.

E. Performance Bonds secure, for the benefit of the State, proper performance of all obligations of the contractor to the State under the contract; provided that Performance Bonds do not secure subcontractors or suppliers at any tier against nonpayment by the contractor or others.

F. The Department may reject a bidder as being not responsible if the bidder fails to furnish performance and payment bonds from a surety, which the Department determines has in the past responded diligently, and in good faith to bond claims of the State or of subcontractors and suppliers.

G. The State may declare the contractor to be in default, so as to obligate the surety to perform as required by the Performance Bond, with or without terminating the contract for default.

H. If the State declares the contractor to be in default, the surety has no right to require the State to contract with a contractor of the surety’s choosing. The surety must either (1) complete the project or cure the default or (2) allow the State to complete the project or cure or remedy the default, with the surety to remain liable to the State for excess completion costs and other damages.

I. Types of payment security and performance security:

(1) A bond executed by a surety company authorized to do business in this state.

(2) Cash in an amount equivalent to a bond; or

(3) Other security, including a pledge of real property located in the State which shall become a lien, provided that the security is satisfactory to the Department of Public Safety and Correctional Services.

13. MINORITY BUSINESS ENTERPRISE REQUIREMENTS

To satisfy the requirement of COMAR 21.11.03, Minority Business Enterprise Policies; Bidders are responsible for complying with the requirements of Section 10 of the General Conditions.

If applicable to this solicitation, the regulations require MBE participation submittals with the bid using Form DPSCS OS 01A MBE (Certified MBE Utilization and Fair Solicitation Affidavit). Failure to complete and submit this form with the bid shall result in the bid being non-responsive. Only the information for MBE participation on Form DPSCS OS 01A MBE submitted with the bid will be considered in determination of contract award.

If MBE goals and/or sub-goals are established and the bidder is unable to achieve either the contract goal or any of the sub goals for each specified MBE classification, the bidder shall request, in writing, a waiver on form DPSCS OS 01B MBE to be submitted with the bid, as specified in the State's General Conditions of the Contract between Owner and Contractor.

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14. VETERAN-OWNED SMALL BUSINESS ENTERPRISE UTILIZATION (VSBE)

To satisfy the requirement of COMAR 21.11.13, Veteran-Owned Small Business Enterprise Policies; Bidders are responsible for complying with the requirements of Section 11 of the General Conditions.

If applicable to this solicitation, the regulations require VSBE participation submittals with the bid using Form DPSCS VSBE DCCFM01/2 (Veteran-Owned Small Business Enterprise Utilization Affidavit and Participation Schedule). Failure to complete and submit this form with the bid shall result in the bid being non-responsive. Only the information for VSBE participation on Form DPSCS VSBE DCCFM01 submitted with the bid will be considered in determination of contract award.

If VSBE goals are established and the bidder is unable to achieve the contract goal for VSBE, the bidder shall request, in writing, a waiver on form DPSCS VSBE DCCFM01 to be submitted with the bid, as specified in the State's General Conditions of the Contract between Owner and Contractor.

15. PAYMENT TO CONTRACTORS

Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

16. ARREARAGES TO STATE

By submitting a response to this solicitation, a bidder represents that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract, if selected for award. Bidders are on notice of §7-222 of the State Finance and Procurement Article of the Annotated Code of Maryland prohibiting the issuance of a warrant for payment to any person indebted to the State for $50 or more.

17. PAYMENT TO CONTRACTORS BY ELECTRONIC FUND TRANSFER (EFT) FOR

AWARDS OVER $200,000

EFT applies to contracts over $200,000 for which payments are made through the State Comptroller. For awards over $200,000, EFT will be used by the State to pay the contractor unless the State Comptroller’s Office grants Contractor an exemption. By submitting a response to this solicitation, the Bidder agrees to accept payments by EFT unless the State Comptroller’s Office grants an exemption. After award of a contract, the selected bidder shall register with the Comptroller of Maryland using the forms required by the Comptroller. For further information go to:

http://compnet.comp.state.md.us/General_Accounting_Division/Vendors/Electronic_Funds_ Transfer/

Note: Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form.

http://compnet.comp.state.md.us/General_Accounting_Division/Vendors/Electronic_Funds_Transfer/ http://compnet.comp.state.md.us/General_Accounting_Division/Vendors/Electronic_Funds_Transfer/

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18. TIME FOR BID ACCEPTANCE

Unless otherwise provided in the solicitation, bid prices are irrevocable for a period of ninety (90) days following bid opening. After opening bids, the Procurement Officer may request bidders to extend the time during which the State may accept their bids, provided that, with regard to bids, no other change is permitted.

19. ALL NON-RESIDENT BIDDERS

As set forth in §14-401 of the State Finance and Procurement Article of the Annotated Code of Maryland, a non-resident bidder submitting a bid shall attach to its bid a copy of the current…