FQ12262 Rail Yard Hardening - IFB Book 1 of 3

Washington Metropolitan Area Transit Authority

Invitation For Bid (IFB)/CONTRACT No. FQ12262

Rail Yard Hardening - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and

Alexandria S&I Yard dated January 29, 2013

Washington Metropolitan Area Transit Authority Contract No.: FQ12262 IFB-FQ12262/NA Date: January 29, 2013

LETTER TO BIDDERS

January 29, 2013

SUBJECT: IFB- FQ12262/NA – Rail Yard Hardening - New Carrollton Service and Inspection

(S&I) Yard, Alexandria S&I Yard, and Brentwood Major Repair Yard

The Washington Metropolitan Area Transit Authority (WMATA) has identified certain Safety and Security program needs for yard hardening work at three rail yards. WMATA hereby solicits Invitation For Bid (IFB) IFB-FQ12262/NA, Rail Yard Hardening - New Carrollton Service and Inspection (S&I) Yard, Alexandria S&I Yard, and Brentwood Major Repair Yard. While the salient points of this IFB are highlighted below for your convenience, all Bidders are requested to read and comply with the requirements of the entire IFB.

1. This Invitation for Bid/Contract consists of the 3 books identified below and all amendments that may be issued prior to bid opening.

Book1 – Rail Yard Hardening Bidding and Contracting Requirements (this document), Contract FQ12262 Rail Yard Hardening - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and Alexandria S&I Yard, Book 2 – Rail Yard Hardening Drawings, Contract FQ12262 Rail Yard Hardening - New

Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and Alexandria S&I Yard, dated January 29, 2013

Book 3 – Rail Yard Hardening Specifications, Contract FQ12262 Rail Yard Hardening -

New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and Alexandria S&I Yard dated January 29, 2013

2. This IFB is not severable. Bidders shall provide offers for work at all three sites or the bid will be deemed non-responsive, invalid, and omitted from further competitive award considerations.

3. Bids that contain conditions, limitations, caveats, exclusions, exceptions, alternate solutions or any other deviations from the requirements of this IFB may, if deemed by the Authority to be in conflict with the IFB, be rendered as non-responsive, invalid, and omitted from further competitive award considerations. Additional details are located in the Solicitation Instructions section of IFB Book1.

4. A Pre-bid Conference is scheduled for February 8, 2013 between 10:00 AM to 12:00 PM at the WMATA facility located at Jackson Graham Building (JGB), 600 5th Street N.W., Washington, D.C., Lobby Level Meeting Room. Additional details are located in the Solicitation Instructions section of IFB Book1.

5. Pre-Bid Worksite Visit - WMATA extends reasonable opportunity for interested parties to physically view each work site, attendance at each of the three work-sites. Pre-bid site visits are also scheduled for each worksite as indicated below:

Worksite Date Time

New Carrollton S&I Yard Saturday, February 9, 2013 9:00 AM to 12:00 PM Alexandria S&I Yard Saturday, February 9, 2013 1:15 PM to 2:10 PM Brentwood Major Repair Yard Saturday, February 9, 2013 3:00 PM to 5:00 PM

Visits to each worksite by interested Bidders is a mandatory pre-requisite for submittal of bids. Additional details are located in the Solicitation Instructions section of IFB Book1.

6. Solicitation Availability and Communications

All solicitation documents, pertaining to this IFB, including the IFB, IFB amendments, notifications, announcements, and any other written communications released in connection with this IFB will be made available only in electronic copies and posted for public viewing on WMATA’s acquisition web site, WMATA.com and the federal government acquisition website, FEDBIZOPS.gov, (Federal Business Opportunities). Hard copy documents will not be printed, mailed, handed out or otherwise distributed in any other format. Interested parties may download all IFB information that is posted on these websites. Bidders remain solely responsible for monitoring either/both of the websites regularly to ensure timely receipt of all communications and to download and print all posted information they deem is necessary to facilitate development and submittal of offers. If website access problems are encountered, Bidders are responsible for contacting Nazim Ahmed, Contract Administrator, by telephone (202) 962-2611 or by e-mail nahmed@WMATA.com.

7. Last date for submittal of questions is February 28, 2013

8. Bid Due Date and Time and Bid Opening

Complete Firm Fixed Price bids are due no later than March 12, 2013 at 2:00 PM.

Bid opening will commence immediately after the bid closing time and date established above.

9. There may be occasions where procurement system posting problems may incur technical difficulties or other similar event. In the event WMATA determines it is necessary to contact interested parties under circumstances that will not compromise the full and open competitive acquisition process, such as addressing RFP access issues, releasing an urgent communication in advance of an RFP posting, or any similar event, WMATA encourages bidders to provide the full legal company name, and Points of Contact (POC) information which includes the primary and secondary POC name, telephone number, and e-mail. If you are an interested party, please complete the POC

Washington Metropolitan Area Transit Authority

Invitation for Bid (IFB) / CONTRACT No. FQ12262

BOOK 1 of 3

Bidding and Contracting Requirements

Rail Yard Hardening - New Carrollton Service and

Inspection (S&I) Yard, Brentwood Major Repair Yard, and

TABLE OF CONTENTS

BOOK 1 - Bidding and Contracting Requirements

LETTER TO BIDDERS

TABLE OF CONTENTS

CARE IN BIDDING

NOTICE TO ALL VENDORS

INVITATION FOR BIDS

SOLICITATION INSTRUCTIONS

1. Definitions: As used herein:

2. Solicitation Explanation and Changes

3. Prior Representations

4. IFB/Contract Documents

5. Public Posting of Bid Documents and IFB Communications

6. Non-Severable Price Schedule

7. Offer Caveats

8. Revisions Prior to Date Set for Receipt of Offers

9. Acknowledgment of Amendments

10. Pre-Bid Conference

11. Pre-Bid Worksite Visit

12. Preparation of Bids

13. Deadline for Submittal of Questions

14. Bid Due Date and Time and Bid Opening 15 Submittal of Bids

16. Late Bids and Modifications or Withdrawals

17. Contract and Bonds:

18. Point of Contact – Authority and Bidder

19. Bidder's Qualifications

20. Award of Contract

21. Pre-Award Information

22. Civil Rights (12/03)

23. Opportunity for Disadvantaged Business Enterprises to Bid

24. Representations, Certifications, and Acknowledgments

25. Notice of Protest Policy (09/03)

26. Requirement for Cost Data for Contract Award (12/03)

27. Davis-Bacon Wage Determination Decision

28. Bid Guarantee

29. Licenses

30. Advance Cost Agreement

31. WMATA's Tax Exempt Status

BID FORM

REPRESENTATIONS AND CERTIFICATIONS

1. Type of Business Organization (RC-101, MAY 07)

2. Affiliation and Identifying Data (RC-102, MAY 07)

3. Previous Contracts and Compliance Reports (RC-103, MAY 07)

4. Disadvantaged Business Enterprise (RC-104, MAY 07)

5. Affirmative Action Compliance (RC-105, MAY 07)

6. Covenant Against Gratuities (RC-106, MAY 07)

7. Contingent Fee (RC-107, MAY 07)

8. Clean Air and Water Certification (RC-108, MAY 07)

9. Debarment, Suspension, Ineligibility, and Voluntary Exclusion (RC-109, 05/2007)

10. Certification of Independent Price Determination (RC-110, MAY 07)

11. Certification of Non-segregated Facilities (RC-111, MAY 07)

12. Non-Discrimination Assurance (RC-112, MAY 07)

13. Certification of Restrictions on Lobbying (RC-113, MAY 07)

14. Buy America Act Certification (RC-114, MAY 07)

15. Certification of Non-Delinquent Taxes (RC-116, OCTOBER 2008)

CONTRACT PRICE SCHEDULE

BID BOND

CONTRACTING REQUIREMENTS

PRE-AWARD EVALUATION DATA

PERFORMANCE BOND

PAYMENT BOND

CONSTRUCTION CONTRACT

POWER OF ATTORNEY

POWER OF EXECUTION

PARTNERSHIP POWER OF EXECUTION

CONSTRUCTION GENERAL PROVISIONS

1.1 Definitions (07/03)

1.2 Contract Documents

1.3 Changes

1.4 Differing Site Conditions

1.5 Termination for Default, Damages for Delay and Time Extensions

1.6 Disputes

1.7 Payments to Contractor

1.8 Assignment

1.9 Material and Workmanship

1.10 Inspection and Acceptance

1.11 Project Management and Superintendence by Contractor

1.12 Permits and Responsibilities

1.13 Conditions Affecting the Work

1.14 Other Contracts

1.15 Patent Indemnity

1.16 Additional Bond Security

1.17 Covenant Against Contingent Fees

1.18 Officials Not to Benefit

1.19 Notice to the Authority of Labor Disputes

1.20 Convict Labor

1.21 Civil Rights (Revised October 20, 2000)

1.22 Utilization of Small Business Concerns

1.23 Gratuities

1.24 Federal, State, and Local Taxes

1.25 Termination for Convenience of the Authority

1.26 Notice and Assistance Regarding Patent and Copyright Infringement

1.27 Composition of Contractor

1.28 Site Investigation

1.29 Protection of Existing Vegetation, Structures, Utilities and Improvements

1.30 Operations and Storage Areas

1.31 Progress Schedules and Requirements for Maintaining Progress

1.32 Subcontractors

1.33 Use and Possession Prior to Completion

1.34 Cleaning Up

1.35 Contract Modifications – Reqs. For Proposals, Price Breakdown and Negotiation of Profit . 96

1.36 Accident Prevention

1.37 Equipment

1.38 Suspension of Work

1.39 Audit and Inspection of Records

1.40 Rights in Technical Data - Unlimited

1.41 Price Reduction for Defective Cost or Pricing Data - Price Adjustments

1.42 Audit - Price Adjustments

1.43 Subcontractor Cost or Pricing Data and Price Adjustments

1.44 Value Engineering Incentive

1.45 Variations in Estimated Quantities

1.46 Contract Prices - Unit Price Schedule

1.47 Progress Payment for Lump Sum Items

1.48 Warranty of Construction

1.49 Time and Materials Work

1.50 Equitable Adjustment for Minor Contract Modifications

1.51 Cost or Pricing Data

1.52 Pricing of Adjustments

1.53 Accounting and Record Keeping

1.54 Cargo Preference, Use of United States-Flag Vessels

1.55 Buy America (07/03)

1.56 Certificate of Current Cost or Pricing Data

1.57 Revolving Door

1.58 NOT USED

1.59 Conflict of Interest (07/03)

1.60 Labor Provisions (07/03)

1.61 Patent and Rights in Data (07/03)

1.62 Federal Changes (07/03)

1.63 No Obligation by the Federal Government

1.64 Program Fraud and False or Fraudulent Statements and Related Acts

1.65 Incorporation of Federal Transit Administration (FTA) Terms (07/03)

1.66 Seat Belt Use Policy (November 2000)

1.67 Contract Work Hours and Safety Standards Act (07/03)

1.68 Access to Records

1.69 Fly America Requirements

1.70 Seismic Safety

1.71 Energy Conservation

1.72 Recovered Materials

1.73 Contracts Involving Federal Privacy Act Requirements

1.74 Pre-employment Criminal Background Check Requirement – NOT USED (see Special

Provision 2.43 e.)

1.75 Availability of Funds for the Next Fiscal Year

1.76 Living Wage

1.77 Government-Wide Debarment and Suspension

1.78 Lobbying

1.79 Clean Air

1.80 Clean Water

1.81 Notification of Federal Participation

1.82 Whistleblower Protections

1.83. Non Discrimination Assurance

1.84. Drug and Alcohol Testing

CONSTRUCTION SPECIAL PROVISIONS

2.1 Commencement, Prosecution and Completion of Work

2.2 Liquidated Damages

2.3 Contract and Bonds

2.4 Authority Furnished Documents

2.5 Contractor’s Submittals

2.6 Work to be Performed by Contractor

2.7 Authority Representative (AR)

2.8 Construction Schedules - Augmented Bar Graph

2.9 Determination of Progress

2.10 Layout of Work, Storage and Reference Points

2.11 Physical Data – NOT USED

2.12 Temporary Utility and Electrical Services

2.13 Indemnification and Insurance

2.14 NOT USED

2.15 Safety Requirements

2.16 Sanitary Provisions

2.17 Subcontracts

2.18 Payment for Use of Equipment

2.19 Historical and Scientific Specimens

2.20 Salvage of Materials and Equipment

2.21 Environmental Control

2.22 Signs

2.23 Construction Sequence and Staging

2.24 Measurements

2.25 Operation and Maintenance

2.26 Abbreviations

2.27 Contract Record Drawings

2.28 Certification of Nonsegregated Facilities by Contractors and Subcontractors

2.29 Wage Rates

2.30 Affirmative Action Program

2.31 Technical References

2.32 Community Relations – NOT USED

2.33 Definition of Terms

2.34 Identifications

2.35 Engineer’s Facility – By Others – NOT USED

2.36 Preconstruction Inspection – NOT USED

2.37 Detection of Movement – – NOT USED

2.38 Photographs

2.39 Work by Others

2.40 Utilities

2.41 Access to Fire Hydrants and Fire Alarm Boxes

2.42 Contractor’s Plant - NOT USED

2.43 Contractor’s Employees (07/03)

2.44 Hours of Work

2.45 Noise Control

2.46 Work, Storage and Parking Area

2.47 Hazardous Materials

2.48 Mobilization and Preparatory Work

2.49 Maintenance of Traffic – NOT USED

2.50 Pollution Abatement

2.51 Restoration of Existing Facilities

2.52 Access to Adjacent Property

2.53 Pavement Restoration

2.54 Licenses

2.55 Engineer’s Change House Facility – NOT USED

2.56 Work On or Under National Park Service Land or Rail Agencies

2.57 Basis of Payment

2.58 Quality Assurance Compliance

2.59 Existing Surfaces

2.60 Embedded Items

2.61 Protective Devices

2.62 Working Area Wooden Fencing – NOT USED

2.63 Authority-Furnished Property – NOT USED

2.64 Spare Parts – NOT USED

2.65 Reliability – NOT USED

2.66 Correction of Deficiencies

2.67 Cleaning Up

2.68 Contractor's Qualifications – NOT USED

2.69 Time Extensions Due to Authority Actions –NOT USED

2.70 Pre-Installation Meetings

2.71 Product Warranties

2.72 Product Substitution Procedures

2.73 Manufacturer’s Installation Instructions

2.74 Manufacturer’s Field Reports

2.75 Manufacturer’s Field Services

2.76 Mock-Up Requirements

2.77 Testing And Inspection Services

2.78 Product Delivery Requirements

2.79 Product Storage and Handling Requirements

2.80 Spare Parts and Maintenance Products

2.81 Maintenance Service

2.82 Cutting and Patching

2.83 Protecting Installed Construction

2.84 Final Cleaning

2.85 Testing, Adjusting, and Balancing

2.86 Starting of Systems

2.87 Order of Precedence

2.88 Access Control

2.89 Authority Rail Yard Operations

2.90 Contractor Performance Evaluation

2.91 Notification of Cancellation

2.92 Standby Cost For Delayed or Cancelled Site Access

2.93 Subcontracts Agreements

2.94 Appendix A, B, C, D, and E

APPENDIX A –DRAWINGS AND SPECIFICATIONS – NOT USED

Not Used. Contract Drawings and Specifications are provided in Solicitation Books 2 and 3

APPENDIX B – DISADVANTAGED BUSINESS ENTERPRISE

APPENDIX C – RAIL STANDARD OPERATING PROCEDURES (SOP 33)

Contractor shall comply with the requirements of Roadway Worker Protection Manual attached hereto

Roadway Worker Protection Manual 051412rev5.pdf

APPENDIX D – DEPARTMENT OF LABOR WAGE RATES

APPENDIX D1 – DEPARTMENT OF LABOR WAGE RATES – PRINCE GEORGE COUNTY, MD

APPENDIX D2 – DEPARTMENT OF LABOR WAGE RATES – WASHINGTON DC

APPENDIX D3 – DEPARTMENT OF LABOR WAGE RATES – ALEXANDRIA, VA

CARE IN BIDDING

(CONSTRUCTION IFB CONTRACT)

IMPORTANT

PLEASE READ CAREFULLY

To ensure submission of complete bids and to avoid irregularities that could result in a non-responsive bid, please check your bid for each of the following common responsiveness problems:

1. Have you checked your bid? Are all items included and checked for math errors?

2. Have you acknowledged and recorded the number of amendments on the bid envelope and

Bid Form?

3. Have you recorded on the outside of the bid envelope a current Maryland Contractor License?

4. Does your Bid Guaranty conform to the requirement of the solicitation? A Bid Bond is required for bids in excess of $100,000.

5. Have you signed and submitted the Bid Form?

6. Have you properly completed and checked the appropriate box for each Certification and

Representation? Have you included the Representations and Certifications with your bid?

7. Have you properly executed the Buy American Certification? Only sign in one place either for compliance or non-compliance.

8. Have you familiarized yourself with the applicable contract provisions pertaining to the

WMATA DBE program for bids in excess of $500,000? DBE contract provisions and established goals are a part of this Contract.

9. Have you familiarized yourself with the Davis-Bacon Labor Standard Provisions that mandate the payment of minimum wages as determined by the Secretary of Labor?

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who have NOT done business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at http://www.wmata.com New Vendor Registration.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company’s User ID and Password at http://www.wmata.com

Attention to Disadvantaged Business Enterprise (DBE)/Small Business and Local

Preference Program (SBLPP) companies:

Minority and women owned businesses who are interested in becoming a WMATA DBE should complete an online DBE application. Self certification is required for Small Business and Local Preference as a part of the Vendor Registration.

Registered Vendor Benefits:

Visibility to WMATA contract administrators and/or purchasing agents during the purchasing decision period;

Visibility to other 17,500 registered vendors for possible business opportunities;

Opportunity to update online, company information such as an e-mail address or contact person on-line;

Sign up for electronic payment option; and

Ability to electronically reset User Id and Password.

Any questions regarding registration may be addressed to Vendor Relations at (202) 962-1408 or procurement@wmata.com.

http://www.wmata.com/ http://www.wmata.com/ mailto:procurement@wmata.com

INVITATION FOR BIDS

DATE OF INVITATION: January 29, 2013

PROJECT DESCRIPTION: Contract FQ12262 – Rail Yard Hardening - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and

SEALED BIDS for the work described herein will be received at or before 2:00 PM on March 12, 2013 at the Washington Metropolitan Area Transit Authority, in the Meeting Room at the Lobby Level, 600 Fifth Street, N. W., Washington, DC 20001.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS:

Bidding Material (included in this solicitation or as may be amended):

Bid Form

Representations and Certifications

Unit Price Schedule

Bid Bond

Appendix B: Disadvantaged Business Enterprise (DBE) (Applies only if bid price is over $500,000)

Rail Yard Hardening Drawings Dated January 29, 2013

Rail Yard Hardening Specifications Dated January 29, 2013

A bid guarantee as herein specified is required for a bid price in excess of $100,000, and the penal amount shall be 5 percent of the bid price. If the guarantee is submitted in the form of a bid bond, the bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents.

Bonds: As required by the General Provisions.

DESCRIPTION OF WORK:

The selected Contractor shall perform all rail hardening work at WMATA’s Alexandria Service and Inspection (S&I) Yard, Brentwood Major Repair Yard, and New Carrollton S&I Yards. The selected Contractor shall provide labor, materials, equipment, tools, project management, supervision, engineering, quality control, testing, transportation, safety, appurtenances and other items necessary to construct fences, high security gates, lighting, gate arms, bollards and access control devices including road pop-up blockers and integrate the operational part of the Electronic Security System at each of these rail yards.

The work includes, but is not limited to, procurement and installation of all items covered in the Contract FQ12262 Rail Yard Hardening Bid-Build Drawings - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard and Alexandria S&I Yard, dated January 29, 2013 and the Contract FQ12262 Rail Yard Hardening Bid-Build-Specifications - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard and Alexandria S&I Yard, dated January 29, 2013). It includes performing all site work (such as demolition, clearing, grubbing, grading, construction pruning and protection of trees,) pre-yard hardening preparation work (such protecting existing drainage systems, demolishing and hauling away slabs that require replacement, filling or backfilling embankments, correcting deficiencies in grade, contour, and compaction, installing fences, gates, establishing seeded and/or sodden vegetation, reworking or installing slabs, curbs and gutters, installing electrical wires, conduits and connections, and performing all other work necessary to complete rail yard hardening work covered in contract FQ12262. The Contractor shall be solely responsible for making field measurements, complying with all rail yard hardening design and specification requirements, and for applying for and obtaining all necessary permits.

BID MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED

BY THIS INVITATION FOR BIDS, INCLUDING ATTACHMENT.

SOLICITATION INSTRUCTIONS

1. Definitions: As used herein:

a. The term "solicitation" means "Invitation for Bids (IFB)" where contract award is normally based upon lowest bid price and price realism, and "Request for Proposal (RFP)" where the procurement is normally negotiated.

b. The term "offer" means "bid" where the procurement is advertised as Invitation for Bid (IFB) and "proposal" where a Request For Proposal is advertised.

c. The term "Offeror" means "Bidder" where the procurement is advertised as an IFB.

2. Solicitation Explanation and Changes

a. All questions or requests for interpretation or clarification regarding this IFB, including but not limited to, specifications, drawings, and all other solicitation documents must be requested in writing no later than the time set for submitting questions.

b. In the event WMATA provides a response to a question or renders an interpretation that mandates a change to the solicitation, the change will be incorporated as a solicitation amendment.

c. Any change WMATA deems is necessary will be incorporated as a change to the solicitation.

d. Oral communications including those conveyed during explanations, comments, clarifications, interpretations or as instructions shall not alter any IFB requirement unless they are specifically incorporated as an IFB amendment.

3. Prior Representations

The Authority assumes no responsibility for any understanding or representations concerning this solicitation made by any of its officers or agents prior to the issuance of the solicitation, the specifications, or related documents. Only the IFB and the Amendments thereto shall be applied as the governing documents for contract award.

4. IFB/Contract Documents

This Invitation for Bid/Contract solicitation consists only of the 3 books identified below and any IFB amendments that may be issued prior to bid opening.

Book1 – Bidding and Contracting Requirements (this document)

Book 2 – Contract FQ12262 Rail Yard Hardening Bid-Build Drawings - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard and Alexandria S&I Yard, dated January 29, 2013.

Book 3 – Contract FQ12262 Rail Yard Hardening Bid-Build Specifications - New Carrollton Service and Inspection (S&I) Yard, Brentwood Major Repair Yard and Alexandria S&I Yard, dated January 29, 2013.

5. Public Posting of Bid Documents and IFB Communications

All solicitation documents, pertaining to this IFB, including the IFB, IFB amendments, notifications, announcements, and any other written communications released in connection with this IFB will be made available only as electronic copies and posted for public viewing on WMATA’s acquisition web site, WMATA.com and the federal government acquisition website, FEDBIZOPS.gov, (Federal Business Opportunities). Hard copy documents will not be printed, mailed, handed out or otherwise distributed in any other format. Interested parties may download all IFB information posted on either of the sites. Bidders remain solely responsible for monitoring either/both of the websites regularly to ensure timely receipt of all communications and to download and print all posted information they deem is necessary to facilitate development of offers.

If problems accessing the solicitation web site are encountered, Bidders are responsible for contacting contact Nazim Ahmed, Contract Administrator, by telephone (202) 962-2611 or by e-mail nahmed@WMATA.com. All e-mail inquiries shall, as a minimum, include the IFB number and name in the subject line.

6. Non-Severable Price Schedule

The IFB Price Schedule is not severable. Bidders shall provide offers for work at all three sites by completing every bid-price field provided in the price schedule. Incomplete or omitted fields shall render the offer non-responsive, and it will be omitted from further competitive award considerations.

7. Offer Caveats

Award will be made based upon responsibility and responsiveness of the lowest bid price received. Offer caveats that contain conditions, limitations, exclusions, exceptions, alternate solutions or any other deviations from the requirements of this IFB and amendments thereto may, at the Authority’s sole discretion, be deemed to be non-responsive and omitted from further competitive award considerations.

8. Revisions Prior to Date Set for Receipt of Offers

a. The Authority may, at its sole discretion, amend the Bid-Build Drawings, Bid-Build Drawings and/or Specifications or any other IFB requirement prior to the date set for the opening of bids. Such amendments, if any, will be incorporated as amendments to the

IFB.

mailto:nahmed@WMATA.com

b. The Authority may, if it deems is in the benefit of the Authority, extend the date and time established for submittal and opening of bids.

c. Bidder may submit revised bids provided the latest submitted bid is identified as the replacement bid package and it is delivered to the location designated by the Authority prior to the bid due date and time.

9. Acknowledgment of Amendments

a. Offerors shall acknowledge receipt and acceptance of all IFB amendments by completing the IFB Form in the space provided and submitting it as part of the offer prior to the bid due date and time established in this IFB.

b. Failure to submit the completed IFB Form may cause the bid to be deemed non-responsive to the IFB and this result in rejection of the bid. The outside of the envelope containing the offer shall also be marked to show the amendments received.

10. Pre-Bid Conference

Attendance at the Pre-Bid Conference is encouraged. The Pre-Bid Conference date, time and location are as follows:

Date: February 8, 2013

Time: 10:00 AM to 12:00 PM

Location: Washington Metropolitan Area Transit Authority Jackson Graham Building Meeting Room 600 5th Street, North West, Washington, DC 20001

All attendees are required to complete the attendance log that will be made available at the meeting.

11. Pre-Bid Worksite Visit

a. Pre-Bid Worksite Visit WMATA encourages provision of reasonable opportunity for interested parties to physically view each work-site. To this end, WMATA has scheduled escorted Pre-Bid Worksite visits on the dates times and locations indicated below. Parking will not be available at any of the worksites. WMATA has arranged, free of charge, for one (1) Metrobus to drive interested parties to and from the worksites to support the scheduled site visits.

Worksite Date Time

New Carrollton S&I Yard Saturday, February 9, 2013 9:00 PM to 12:00 PM Alexandria S&I Yard Saturday, February 9, 2013 1:15 PM to 2:10 PM Brentwood Major Repair Yard Saturday, February 9, 2013 3:00 PM to 5:00 PM

b. Attendance:

The Authority has determined that site features are different for each of the three work sites and encourages interested parties to physically view each work site.

i) Attendance at each of the three work-sites by interested Bidders is not a mandatory pre-requisite for submittal of bids. However, all interested parties, particularly those that are not familiar with current conditions at any particular work site, are encouraged to attend. Notwithstanding the above, each interested party is solely responsible for understanding the features, layout and working conditions at each site.

ii) Bidders are requested to take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions which can affect the work or the cost thereof. The Bidder remains solely responsible for estimating properly, the degree of work, project execution risks, costs, or offer price(s), to successfully execute all contract obligations. Any failure by the Bidder/Contractor to do so will not relieve the Bidder/Contractor from responsibility for successfully performing the work without additional expense to the Authority. The Authority assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract. The Bidder is requested to review the requirements of General

Provisions 1.13, Conditions Affecting the Work and 1.28 Site Investigation supplement information.

c. Number of Attendees

Prime contractors may invite their selected subcontractors to attend the Pre-Bid Site Visit.

However, due to safety concerns and time constraints, a maximum of three representatives from each company, joint venture, or bidding team may be permitted to attend the Pre-Bid Site Visit.

d. Advance Notification Site Visit Request

Interested parties planning to assign company representatives to attend site visits must complete the information below and e-mail it to Mr. Ken Crews at kcrews@wmata.com or Mr. Nazim Ahmed @ nahmed@wmata.com. Mr. Crew’s telephone number is:

202.962.5556. To support assignment of available seats on WMATA’s bus, the information below is requested no later than February 5, 2013.

mailto:kcrews@wmata.com

FQ12262 - Pre-Bid Site Access Request

Rail Yard Hardening –

Pre-Bid Work Site Access Request

Legally Registered Company Name and Name of Operating Business Unit Submitting the Offer (if the name is different from legally registered company name)

Attendee Name and Title

Have Valid Photo

ID?

(Insert “Yes” or “No”)

New Carrollton S&I Yard

Brentwood Major Repair Yard

Alexandria Service and Inspection (S&I)

Yard

Valid state or federal government issued photo ID must be presented at the time of request. WMATA is not responsible for denying access to any company representative that does not meet WMATA’s security requirements. Interested parties remains solely responsible for assigning employees that are approved by WMATA to access each site.

12. Preparation of Bids

a. One bound hard copy of the Bid shall be submitted on the Bid Forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the IFB forms, such erasures or changes must be initialed by the person signing the bid.

Changes to the Authority’s IFB form are not authorize and will be deemed to be non-responsive, invalid, and omitted from further competitive award considerations.

b. The Bid Form may provide for submittals of a price or prices for one or more items which may be lump sum bids, alternate prices, and scheduled items resulting in a bid on a unit of construction or a combination thereof, or other bidding arrangements. Where the Bid Form explicitly requires that the bidder to bid on all items, failure to do so will render the bid, non-responsive, invalid, and omitted from further competitive award considerations.

When submittal of a price on all items is not required, bidders shall insert the words “NO BID” in the space provided for any item on which no price is submitted.

c. Unless specifically called for, alternate bids will not be considered.

d. Modifications of bids already submitted will be considered if received at the office designated in this Invitation for Bid by the time and date set for receiving of bids.

e. Electronic reproduction of bids in the form of CD ROM or Universal Serial Bus (USB) copies shall be submitted no later than the time hard copy bids are submitted. In the event a CD ROM bid is submitted and no hard copy of the bid is provided by the due date and time set for receiving of bids, the offer will be rejected. The CD ROM or USB copies will be used only to facilitate administrative convenience. In the event of a conflict between the CD ROM or USB copies and the hard copy bid, the offer presented in the hard copy bid shall prevail. Corrected copies of the hard copy IFB can be submitted provided it is submitted no later than the due date and time set for receiving bids.

13. Deadline for Submittal of Questions

Last date for submittal of questions is February 28, 2013. Questions received after this date will be rejected. However, the Authority retains is right to amend the IFB benefit of the Authority anytime before the bid due date and time established in this solicitation.

14. Bid Due Date and Time and Bid Opening

Complete firm fixed price bids are due no later than March 12, 2013 at 2:00 PM. Bid opening will commence immediately after the bid closing time and date established above.

15 Submittal of Bids

a. Offers thereof shall be enclosed in a sealed envelope(s) and addressed to the office specified in the solicitation. The Offeror shall, on the front of the bid envelope, affix the solicitation number, the solicitation name, the bid due date and time, and the offeror’s full legal name and address and the appropriate Contractor’s license number(s) required under the License clause below on the face of the envelope.

b. Modified bids shall be enclosed in a sealed envelope(s) and addressed to the office specified in the solicitation. This envelope shall be clearly marked with the solicitation number, the solicitation name, modification number, modification date, the bid due date and time, and the offeror’s full legal name and address and the appropriate Contractor’s license number(s) required under the License clause below on the face of the envelope.

Additionally, each page of the modified documents shall have affixed at the header or footer, the solicitation number Bidder’s name, Modification number, Modification Date.

Modified. Modified offers must be stand-alone documents and fully replace previous offers. Submission of change pages for insertion into or replacement of pages in the previously submitted bid are not acceptable and will be deemed non-responsive, invalid, and omitted from further competitive award considerations. Submittal of partial modifications affecting only certain bid sections that were previously offered, change pages for insertion into bid sections, or replacement of pages of the previous offer will be deemed non-responsive, invalid, and the bid will be omitted from further competitive award considerations.

c. Offers may be modified or withdrawn by written notice, provided such notice is received prior to the bid due date and hour established in this solicitation.

d. Facsimile offers, modifications or withdrawals will not be considered unless they are received prior to the bid due date and hour authorized by the Authority.

e. All bids, modifications to bids, bid withdrawals, and any communications affecting binding commitments shall be signed by a company representative authorized to enter into binding agreement on behalf of the Bidder prior to delivery or such documents will be deemed invalid and unacceptable.

16. Late Bids and Modifications or Withdrawals

a. Any offer received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it:

i. was mailed to the IFB established delivery address by registered or certified U.S. mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th day of the month must have been sent by registered mail by the 15th day of that month);

ii. was mailed to the IFB established delivery address by U.S. mail or a recognized commercial carrier with legible postmark dates and appropriate stamp, postage meter or similar postage notation, and it is determined by the Authority that the late receipt was due solely to mishandling by the Authority after receipt;

iii. was sent by U.S. Postal Service Express Mail Next Day Service or similar express service from a recognized commercial carrier to the IFB established delivery address, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of offers. The term "working days" excludes weekends and U.S.

Federal holidays; or

iv. was the only offer received.

b. Notwithstanding the above, the Authority will consider for acceptance a late bid modification of any otherwise successful offer that makes its terms more favorable to the Authority.

c. The only acceptable evidence to establish the time of receipt by the Authority is the time/date stamp of that installation on the proposal wrapper or other documentary evidence of receipt maintained by the Authority.

d. A bid may be withdrawn in person by a bidder or its authorized representative if:

i. it is received before the due date and time established in this IFB;

ii. the identity of the person requesting withdrawal is established; and,

iii. the request is made in writing.

17. Contract and Bonds:

The bidder that is awarded a contract in connection with this IFB shall, within the time established in the bid, enter into a written contract with the Authority and furnish performance and payment bonds on standard Authority forms in the amounts indicated in this Invitation for Bid or in the Contract Documents.

18. Point of Contact – Authority and Bidder

a. Point of Contact - Bidder

There may be occasions where WMATA determines it is necessary to contact interested parties under circumstances that will not compromise the full and open competitive acquisition process. The Authority requests company representative information for the primary Point of Contact (POC) information and the alternate POC. While it is not mandatory to provide POC information, provision of this information is encouraged. If you are an interested party, please complete the POC form located in the Solicitation Instructions section of IFB Book1 and e-mail it to Mr. Nazim Ahmed at nahmed@WMATA.com.

b. Point of Contact - Authority:

The Authority’s primary and secondary points of contact for this solicitation are cited below. The Secondary POC is established as a back-up individual and shall only be contacted if the Primary POC is not available or a serious concern is identified.

Primary POC Secondary POC

Name: Mr. Nazim Ahmed Name: Ms. Lizbeth Bryan Title: Contract Administrator Title: Contracting Officer Telephone: (202) 962-2611 Telephone: (202) 962-1412 E-mail: nahmed@WMATA.com E-mail: lbryan@WMATA.com

19. Bidder's Qualifications

a. Before a bid is considered for award, the bidder will be required to submit a completed Pre-Award Evaluation Data form showing his previous experience in performing mailto:nahmed@WMATA.com mailto:lbryan@WMATA.com comparable work, his business and technical organization, his financial resources and plant available for performing this Contract work.

b. In accordance with the provisions of the IFB article titled Pre-Award Information, the apparent lowest responsive bidder shall submit satisfactory evidence of the following:

(1) Adequate financial resources.

(2) Ability to comply with required project schedule as indicated in clause 21. Pre-Award Information b. (3).

(3) Satisfactory record of performance.

(4) Satisfactory record of integrity.

(5) Necessary organization, experience and expert technical skills, including, quality assurance measures and safety programs applicable to the construction to be performed.

(6) Affiliation with satisfactory subcontractors capable of meeting the above requirements.

(7) Disadvantaged Business Enterprise data as set forth in Appendix B. The submittal of certain items with the bid is required.

(8) Insurability.

(9) Contractor’s license(s) and Professional Engineer’s license(s) that are valid for performing work at each worksite.

c. Particular evaluation shall be made of the Contractor's and/or subcontractors' experience and expertise in the performance of the following features of the work:

(1) The entire work of the Contract, including furnishing and installing the specified materials, and all necessary labor and equipment.

d. Doubt as to technical ability, productive capability and financial strength which cannot be resolved affirmatively may result in a determination of non-responsibility by the Contracting Officer.

20. Award of Contract

a. Award of Contract will be made to the lowest responsive and responsible bidder whose bid, conforms to this Invitation for Bid.

b. The Authority may, when in its interest, reject any or all bids or waive any informality in bids received.

21. Pre-Award Information

a. In accordance with the provisions of the Solicitation Instructions article titled "Bidder's Qualifications", the Contracting Officer may conduct a pre-award survey to determine if the bidder eligible for award is responsible both financially and technically and has the capability to perform the work of the Contract in accordance with the requirements of the Specifications and the Drawings and within the time or times specified.

b. Accordingly, the apparent lowest responsive bidder is required to furnish, within five (5) calendar days after bid opening, pre-award information indicated below as required by the "Bidder's Qualifications" article:

(1) Pre-Award Evaluation Data Form

A completed and signed pre-Award Evaluation Data Form (PED-1) that is furnished with the solicitation.

(2) Past Experience and Qualifications

The Bidder shall furnish, in addition to the information required in the Pre-Award Evaluation Data Form (PED-1), satisfactory evidence of past experience, qualifications and capabilities required by the contract plans and specifications. The following information must be included:

(a) List of all previous contracts of similar work including, but not limited to: the name of the owner, address, name and phone number of the project manager, architect, engineer, name and phone number of the contract manager or contracting officer if different from architect engineer, name and number of the contract, contract amount, contract period of performance, contract type, and description of work performed by the bidder that is similar to the work covered in this solicitation.

(b) Copies of all necessary certifications, licenses and other documentation, including any specialized licenses required to meet health and safety rules and regulations, required by the plans and specifications demonstrating that the bidder has the necessary capabilities to perform the work.

(c) Documentation including resume(s) for performing the specified engineering functions, training and providing qualified personnel to work in the necessary Authority areas.

(3) Performance Plan

The following information shall be submitted regarding how the bidder proposes to accomplish the work:

(a) A detailed narrative description of how the bidder proposes to accomplish the work of the Contract including an organization chart with responsibilities including subcontractors.

(b) In accordance with the articles for Progress Schedules, the bidder shall submit its proposed preliminary schedule in sufficient detail to demonstrate that the bidder can accomplish the work within the prescribed period of performance including, if required, any interim completion dates or milestones. A schedule will be provided to explain each proposed cost element that was applied to establish the price for each line item in the Price Schedule for each worksite.

(c) A list of major materials, including model numbers and catalog data, for each of the project items and other major elements of the work to include any long lead times for delivery.

(d) A list of all major equipment that the bidder expects to use to accomplish the work of this contract.

(4) Financial Statements

Complete financial statements for the last three years, including Statement of Financial Position (Balance Sheet), Results of Operations (Income Statement), Statement of Changes in Financial Position (Net Change in Resources) and Statement of Current and Retained Earnings. These statements shall be certified indicating disclosure of all facts which could impair or affect the statements presented.

(5) Affirmative Action Program

An affirmative statement by the Contractor as to its intent and ability to comply with articles for Affirmative Action or Equal Opportunity.

(6) Safety Program

The following information regarding his safety program and his past safety performance:

(a) Accident incident rates for the past twelve months for lost time accidents and for medical cases only on comparable work.

(b) Experience Modification Rating (EMR) which compares the number of OSHA recordable injuries and illnesses for the bidder to the average for the bidder’s standard industry code. Bidders with an EMR factor greater than 1.2 will be determined to be not responsible.

(c) Copy of the Contractor’s Organizational Health and Safety Program and all related requirements that are to be incorporated into subcontracts for full compliance.

(d) Copy of organizational Temporary Fire Protection Plan to be followed by the prime contractor and all related requirements that are to be incorporated into subcontracts for full compliance.

(e) Name and address of present compensation and liability insurance carrier.

(f) Name, title, address, e-mail and telephone number of person in charge of the organizational safety program.

(7) Quality Assurance Program

The Bidder shall submit a detailed statement for approval by the Contracting Officer of methods to achieve a Contract Quality Assurance Program, including coordination and quality control. Relevant quality associations and certifications for all tiers to include products and materials are to be provided.

(8) Insurance

The Bidder shall submit as evidence of insurability a certificate of insurance that lists WMATA as the insured and beneficiary indicating that a commitment, valid for the contract period of performance, exists from a specific insurance carrier or carriers to provide the coverages with limits and insured as specified therein, can be bound upon award of the contract at a price known and acceptable to the bidder. Failure to establish and insurance policy may result in a determination of non-responsibility.

22. Civil Rights (12/03)

The Bidder and/or Contractor shall comply with all applicable Equal Employment Opportunity laws and regulations of the articles for Civil Rights of this Contract.

23. Opportunity for Disadvantaged Business Enterprises to Bid

a. It is the policy of the Authority (WMATA), the Federal Transit Administration (FTA) and the U. S. Department of Transportation (US DOT) that Disadvantaged Business Enterprises (DBE’s) shall have an equal opportunity to receive and participate in performing federally assisted contracts, including contracts and subcontracts at any tier. The DBE requirements are set forth in Appendix B to this solicitation and are applicable, if the bid/proposal is $500,000 or more for construction contracts, or if the bid/proposal is $100,000 or more for supply and service contracts.

b. If the Bidder/Proposer is not a DBE, then the DBE goal set forth in Appendix B shall be met by subcontracts or joint ventures with DBEs.

c. The documentation requirements of Appendix B should be completed and submitted at the time set forth for the submittal of bids/proposals to the Authority. Any bidder/proposer who fails to complete and return this information with their bid/proposal may be deemed to be not responsible and may be ineligible for contract award. The documentation requirements are as follows:

(1) SCHEDULE OF DBE PARTICIPATION and executed LETTER(S) OF INTENT TO

PERFORM AS A SUBCONTRACTOR/JOINT VENTURE with agreed price sufficient to meet the DBE goal set forth in Appendix B; or

(2) A request for waiver of the DBE goal or portion of the goal and reasons therefore as stipulated in paragraph 6.C. of Appendix B. Request must be made on company stationery and signed by the responsible official.

d. Bidders/Proposers that fail to meet the DBE goal set forth in Appendix B and fail to demonstrate Agood faith efforts@ to justify waiver of the DBE goal shall be deemed to be not responsible and will be ineligible for contract award.

24. Representations, Certifications, and Acknowledgments

The Bidder shall check all applicable boxes and/or complete all applicable fields on the attached "Representations and Certifications" form.

a. Ineligible Offeror. All Offerors will be required to certify that they are not on the

Comptroller General's list of ineligible bidders.

b. Parent Company. A parent company for the purposes of this offer is a company which either owns or controls the activities and basic business policies of the offeror. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine, or veto basic business policy decisions of the offeror, such other company is considered the parent company of the offeror. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.

c. Employer's Identification Number (E.I. No.). The offeror shall insert in the applicable space on the form, if it has no parent company, its own E.I. No. (Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941), or, if it has a parent company, the E.I. No. of its parent company.

25. Notice of Protest Policy (09/03)

a. WMATA policy and procedure for the administrative resolution of protests is set forth in

Chapter 20 of the Procurement Policy Manual (PPM) The PPM contains strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters.