IFB_T-212-0150_IFB_DOC_FINAL.pdf

STATE OF MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

FEDERALLY- FUNDED CONSTRUCTION CONTRACT

Invitation for Bids (IFB)

METRO WABASH MAIN ROOF

REPLACEMENT

IFB NO. T-2120-0150

DATE: MAY 9, 2023

NOTICE:

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA.

Disadvantaged Business Enterprises are encouraged to respond to this solicitation~

Contract No. T-2120-0150 2 of 83

METRO WABASH MAIN ROOF REPLACEMENT

CONTRACT NO. T-2120-0150

TABLE OF CONTENTS

NOTICE TO CONTRACTORS

INSTRUCTIONS TO BIDDERS

VENDOR COMMENTS

NON-DISCLOSURE AGREEMENT (OFFEROR)

CONTRACTORS QUESTIONNAIRE

BID FORM

BID/PROPOSAL AFFIDAVIT

BID BOND

CERTIFICATION REGARDING LOBBYING

INVESTMENT ACTIVITIES IN IRAN ACT

CERTIFICATION REGARDING INVESTMENTS IN IRAN

LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE

MERCURY AFFIDAVIT

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

FEDERAL FUNDING ACKNOWLEDGEMENT AND CLAUSES

PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES CERTIFICATION

REFERENCE ATTACHMENTS

SUBCONTACTOR UTILIZATION FORM

CONTRACT AGREEMENT

SURETY BOND ASSISTANCE PROGRAM

PAYMENT BOND

PERFORMANCE BOND

Contract No. T-2120-0150 3 of 83

VENDOR ELECTRONIC FUNDS TRANSFER (EFT) REGISTRATION REQUEST

FORM

CONTRACT AFFIDAVIT

NON-DISCLOSURE AGREEMENT (CONTRACTOR)

OCIP INSURANCE MANUAL

CONTRACT SPECIFICATION BOOK

Contract No. T-2120-0150 4 of 83

NOTICE TO CONTRACTORS

CONTRACT NO: T-2120-0150 DATE: MAY 9, 2023

1. DESCRIPTION OF WORK

1. This Contract is for the construction of the Wabash Maintenance Facility Roof Replacement..

2. BASE BID (ROOF REPLACEMENT OF WABASH MAIN ROOF

SECTIONS-A, B & C):

a. The work includes, but is not limited to:

Demolition of existing roofing, new roof hatch, installation of tapered insulation, and installation of new roofing system, MEP work and lightning protection work as described in the contract documents for Roof Sections A, B and C. See Contract Drawings for Sections A, B & C roof plans.

3. ADD/ALTERNATE NO. 1 (ROOF REPLACEMENT OF WABASH

MAIN ROOF SECTION-D):

a. The work includes, but is not limited to:

Demolition of existing roofing, new roof hatch, installation of tapered insulation, and installation of new roofing system, MEP work and lightning protection work as described in the contract documents for Roof Section D. See Contract Drawings for Section D roof plans.

See Special Provisions for details.

2. PRE-BID MEETING / SITE VISIT

Pre-bid Conference at 10:00 AM. MAY 24, 2023. via Microsoft Teams. The call-in number is (443) 409-5228 Conference ID # 569091638 #. If you would like to join via Microsoft Teams, send your request to

CWILLIAMS@MDOT.MARYLAND.GOV

Contract No. T-2120-0150 5 of 83

A site visit will be conducted at 2:30 PM. on MAY 24, 2023. Interested vendors must RSVP by sending company name, point of contact and email address to

CWILLIAMS@MDOT.MARYLAND.GOV.

3. DEADLINE FOR QUESTIONS

Questions regarding the work should be directed in writing to CHRISTIE E.

WILLIAMS at CWILLIAMS@MDOT.MARYLAND.GOV. Questions concerning this solicitation must be received no later than MAY 31, 2023 at the close of the business day. No interpretations other than written shall be binding on the Administration.

4. BID DUE DATE & TIME

Bids must be submitted through the eMMA portal and marked "Bid for Contract No.

T-2120-0150.", no later 2:00 PM local time, JUNE 29, 2023. At 2:30 PM, the Bids will be publicly opened through a virtual Microsoft Teams Meeting. To be included in the online public opening, interested vendors must RSVP by sending company name, point of contact and email address to CWILLIAMS@MDOT.MARYLAND.GOV. no later than JUNE 28, 2023.

5. ELECTRONIC VERSION OF BID DOCUMENTS

The bid documents will be available by electronic means. The Bidder acknowledges and accepts full responsibility to ensure no changes are made to the bid documents. In the event of a conflict between the version of the bid documents in the bidder’s possession and the version maintained by the Procurement Officer, the version maintained by the Procurement Officer shall govern.

6. CONTRACT DRAWINGS

See Appendix A- List of Contract Drawings in the Specification Book. Offerors who wish to obtain a copy of the 100% plan drawing for this project must sign a Non-disclosure Agreement (NDA) and email the request and NDA to CWILLIAMS@MDOT.MARYLAND.GOV. The NDA is located within this solicitation document.

7. AVAILABILITY OF DOCUMENTS

Solicitation documents may be downloaded from eMMA located at https://procurement.maryland.gov.

Bidders will be required to register the first time specifications are downloaded and a login number will be assigned. This number should be used every time the bidder https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov&data=02%7C01%7CCWilliams%40mdot.maryland.gov%7C2d2c96d3f4264d8d388608d70eefcd5a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C636994295432321016&sdata=iUHTf1jxhSPb%2FqV9GP5BlJoSLk29cFznIjNwEMaZrEo%3D&reserved=0

Contract No. T-2120-0150 6 of 83 downloads the documents for this contract. Bidders must supply accurate information in order to receive notice of all subsequent addenda.

8. ADDENDA

Bidders are required to acknowledge all addenda by signing a copy of each addendum cover letter and include in their bid package.

Although the MTA endeavors to send out all addenda to this solicitation in a timely manner, it is the responsibility of the Contractors to make sure they receive all appropriate documents prior to the bid due date.

9. BID BOND

Each bid exceeding $100,000 must be accompanied by a Bid Bond on a form furnished by the Administration in the amount of five percent (5%) of the Bid Price.

10. PAYMENT & PERFORMANCE BONDS

A performance and payment bond is required for all construction contracts in excess of $100,000. The performance bond shall be in an amount equal to one hundred percent (100%) of the contract price. The payment bond shall be in an amount equal to one hundred percent (100%) of the contract price. The Bond shall be on a form furnished by the MTA, underwritten by a surety authorized to do business in the State of Maryland, and in the amount specified by this solicitation. Upon receiving notification of contract award, the Contractor shall deliver the bond to the MTA no later than the time the Contractor executes the contract. Bid, payment, and performance security may be in the form of: (1) a bond executed by a surety company authorized to do business in the State; (2) a bond executed by an individual surety that meets certain criteria; (3) another form of security required by State or federal law; or (4) another form of security satisfactory to the unit awarding the contract.

Sections 13-207, 13-216, 17-104 of the State Finance and Procurement Article, Annotated Code of Maryland.

11. BASIS FOR AWARD(S)

The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total on the Bid Form.

12. MULTIPLE OR ALTERNATE BIDS

Multiple and/or alternate Bids will not be accepted.

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13. ELECTRONIC FUNDS TRANSFER

On every solicitation for a contract expected to exceed $200,000, the bidder will be required to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption.

14. TIE BIDS

Tie Bids will be handled in accordance with COMAR 21.05.02.14.

15. DURATION OF BID

Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

16. eMARYLAND MARKETPLACE ADVANTAGE REGULATIONS

Use of “e-Maryland Marketplace Advantage”

“e-Maryland Marketplace Advantage” (eMMA) is an electronic commerce system administered by the Maryland Department of General Services.

Registration is free and will provide a means for your business to receive e-mail notifications of upcoming contracting opportunities in specified areas of interest and expertise. This means that all such information is immediately available to subscribers to eMMA. Because of the instant access afforded by eMMA, it is recommended that all Bidders interested in doing business with Maryland State agencies subscribe to eMMA.

For more eMMA registration information, visit the website:

https://procurement.maryland.gov. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to eMMA and click on “New Vendor? Register Now” to begin the process, and then follow the prompts. For inquiries contact the eMMA HelpDesk at eMMA.helpdesk@maryland.gov.

17. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

A. Disadvantaged Business Enterprises are encouraged to respond to this solicitation notice.

B. The Maryland Transit Administration hereby notifies all bidders that, in regard to any Contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full opportunity to submit Bids in response to this Notice, and will not be subjected to discrimination on the basis of political or https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov&data=02%7C01%7CCWilliams%40mdot.maryland.gov%7C2d2c96d3f4264d8d388608d70eefcd5a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C636994295432321016&sdata=iUHTf1jxhSPb%2FqV9GP5BlJoSLk29cFznIjNwEMaZrEo%3D&reserved=0 mailto:eMMA.helpdesk@maryland.gov

Contract No. T-2120-0150 8 of 83 religious opinion or affiliation, race color, creed, sex, age or national origin in consideration for an award.

C. It is the goal of the Administration that Disadvantaged Business Enterprises participate in all Contracts. Each Contract will contain goals for Disadvantaged Business Enterprise participation on a contract-to-contract basis. A subcontracting goal of 18.74 percent (18.74%) has been established for this procurement. All bidders must submit with their bid a fully executed copy of the Certified DBE Utilization and Fair Solicitation Affidavit (MDOT DBE FORM A) and DBE Participation Schedule (MDOT DBE FORM B). If the bidder fails to submit these completed forms with the bid as required, the procurement officer shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being selected for award. ALL DBE FIRMS MUST BE CERTIFIED BY THE

MARYLAND DEPARTMENT OF TRANSPORTATION. NO OTHER

CERTIFICATIONS WILL BE ACCEPTED.

D. New versions of Sections 13-103, 13-104 and 14-303 of the State Finance and

Procurement Article of the Maryland Code, relating to increased bid/proposal documentation of DBE commitments, are effective as of October 1, 2004. The Contract under this solicitation will be awarded in accordance with these new requirements. As a result, new bid submission requirements, including certain revised DBE documents, are in effect for this solicitation. These new requirements are set forth elsewhere in this solicitation.

E. As a result of the revisions to Sections 13-103, 13-104 and 14-303, certain existing portions of the Code of Maryland Regulations (COMAR) relating to post bid/proposal submission of DBE subcontractors are inconsistent with the revised statute. To the extent the provisions of COMAR relating to post bid identification of DBE subcontractors are inconsistent with the requirements of this solicitation, the requirements of this solicitation shall control the award of a Contract. Questions or concerns regarding the DBE requirements of this solicitation must be raised prior to the opening of bids or receipt of initial proposals.

WARNING – PLEASE READ:

A firm must be listed in the MDOT MBE/DBE Directory with the gender category in order to be used to meet the gender sub-goal.

A firm must be listed in the MDOT MBE/DBE Directory with an ethnic/racial category in order to be used to meet the ethnic/racial sub-goal.

A firm must be listed in the MDOT MBE/DBE Directory with both the gender and ethnic/racial categories in order for a contractor to have the option of selecting which of those categories it will use for the firm on a State contract.

Maryland’s MBE/DBE Directory will reflect the dual certification status beginning October 1, 2009. You can access the MBE/DBE Directory at

Contract No. T-2120-0150 9 of 83 https://mbe.mdot.maryland.gov/directory/search_select.asp. Firms with dual certification will now be listed as follows:

Example:

ABC Corporation, Inc.

123 Corporate Circle Hanover, MD 21076 Female/African American 00-000

18. VETERAN-OWNED SMALL BUSINESS ENTERPRISE PROGRAM

There are no Veteran-owned Small Business Enterprise goals for this solicitation.

19. AFFIRMATIVE ACTION REQUIREMENTS

Bidders on this Work will be required to comply with MTA Affirmative Action Requirements & all applicable Equal Employment Opportunity Laws & Regulations.

20. SUSPENSION AND DEBARMENT CERTIFICATION

All bidders will be required to certify that they are not on the GSA List of Parties Excluded from Procurement and the List of Contractors Suspended or Debarred from Contracting with the State of Maryland.

21. CONTRACTOR’S QUESTIONNAIRE

All Bidders shall complete and submit the Contractor’s Questionnaire Pre-Award Evaluation Data Form with the bid package.

22. INVESTMENT ACTIVITIES IN IRAN ACT

State Finance & Procurement, §§17-701 – 17-707, Annotated Code of Maryland [Chapter 447, Laws of 2012].

A company listed on the Investment Activities In Iran list is ineligible to bid on, submit a proposal for, or renew a contract for goods and services with a State agency or any public body of the State. Also ineligible are any parent, successor, subunit, direct or indirect subsidiary of, or any entity under common ownership or control of, any listed company.

Agencies must obtain a certification regarding investments in Iran from each bidder or offeror for new contracts and from each Contractor seeking to renew an existing contract. Specifically, bidders, offerors, and renewing Contractors have to certify that at the time the bid/proposal is submitted or

Contract No. T-2120-0150 10 of 83 the contract renewed that the company is neither identified on the Investment Activities In Iran list nor engaging in investment activities in Iran.

A company that cannot make the certification must supply the agency, under penalty of perjury, with a detailed written description of its investment activities in Iran.

False Certifications: If an agency, using credible information, determines that a company has submitted a false certification regarding its investments in Iran, the agency must notify the company and provide the company 90 days to demonstrate in writing that it is not engaged in investment activities in Iran. If the company fails to demonstrate that it is not engaged in investment activities in Iran in that time, the agency shall report the company to the Attorney General and to the Board of Public Works.

23. INSURANCE REQUIREMENTS

The Contractor and subcontractors are responsible for all insurance for the work on this job, including Worker’s Compensation, General Liability, Excess and/or Umbrella Liability, Pollution Liability, Products Liability/Completed Operations and Automobile Liability. Railroad Protective Liability may also be required.

24. USE OF BIDDER’S OWN FORCES

The bidder with his own forces shall perform not less than fifty percent (50%) of the work at the project site.

25. PROTESTS/DISPUTES

All protests relating to this solicitation, the selections and/or award must be filed in writing with the Administration's Procurement Officer, and within the time limitation set forth in the Code of Maryland Regulations (COMAR) 21.10.02 (Administrative and Civil Remedies). A protest may NOT be filed by electronic means. Protests must be in writing and sent via certified mail. Bid protests shall be filed not later than seven (7) days after the basis for protest is known, or should have been known, whichever is earlier. Oral protests will not be considered.

The specific details of the protest procedures to be followed by aggrieved actual or prospective bidders, or offerors is contained in COMAR 21.10.

26. CANCELLATION OR REJECTION OF BIDS

Notice to Contractors may be canceled in accordance with State Procurement Regulations.

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The Administration reserves the right to reject any and all bids and/or waive technical defects if, in its judgment, the interests of the Administration so require.

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CONTRACT NO. T-2120-0150

INSTRUCTIONS TO BIDDERS

I. GENERAL

A. Price Bids will be reviewed for consistency with and response to the requirements of this IFB.

II. BID PROCESS

A. General Requirements

1. Bids must be submitted through the eMMA portal and marked "Bid for

Contract No. T-2120-0150 METRO WABASH MAIN ROOF REPLACEMENT", no later 2:00 PM local time, JUNE 29, 2023.

2. Each BID package must bear the information and documentation listed below, fully executed:

a. Contract number and title

b. Name and address of the Bidder

c. Completed Insurance Cost Worksheet

d. Bid Form

e. Bid/Proposal Affidavit.

f. Bid Bond in the Amount of $__________________ Or 5% of the bid price

g. Signed Cover Letter for each Addendum issued by MTA

h. Contractor’s Questionnaire Pre-Award Evaluation Data

i. MDOT DBE Form A, “Certified DBE Utilization and Fair Solicitation

Affidavit” (two page document)

j. MDOT DBE Form B, “DBE Participation Schedule”

k. Buy America Certificate

l. Certification Regarding Lobbying

m. Certification Regarding Investments in Iran

n. Location of the Performance of Services Disclosure

o. Mercury Affidavit

p. Conflict of Interest

q. Federal Fund Clauses (Federally-funded Contracts)

r. Payment of Employee Healthcare Expenses Worksheet

s. Payment of Employee Health Expenses Certification

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VENDOR COMMENTS

To help us improve the quality of State solicitations and make our procurement process more responsive and business-friendly, we ask that you take a few minutes to complete this form.

Thank you for your assistance.

Bid/Proposal No.: T-2120-0150

Contract Title: METRO WABASH MAIN ROOF REPLACEMENT

I. If you are not bidding, please indicate why:

Other commitments preclude our participation at this time.

The subject of the contract is not in our business line.

We lack experience in the work/commodities required.

The scope of work is beyond our current capacity.

We cannot be competitive. (Please explain below.)

The specifications are either unclear or too restrictive. (Please explain below.)

Bid/proposal requirements, other than specifications, are unreasonable or too risky. (Please explain below.)

Time for completion is insufficient.

Bonding/insurance requirements are prohibitive. (Please explain below.)

Doing business with government is simply too complicated.

Prior experience with State of Maryland contracts was unprofitable or otherwise unsatisfactory. (Please explain below.)

Other:

II. Please explain your response further, offer suggestions, or express concerns. (use the back for additional information.

Remarks:

OPTIONAL:

Vendor Name: Date:

Contact: Phone:

Address /e-mail:

THANK YOU !!!!!!!

Contract No. T-2120-0150 14 of 83

Non-Disclosure Agreement (Offeror)

This Non-Disclosure Agreement (the “Agreement”) is made this ____day of ___________ 20__, by and between _____________________________ (hereinafter referred to as "the Offeror ") and the State of Maryland (hereinafter referred to as "the State").

Offeror warrants and represents that it intends to submit a Bid in response to IFB # T-2120-0150. for METRO WABASH MAIN ROOF REPLACEMENT. In order for the Offeror to submit a Bid, it will be necessary for the State to provide the Offeror with access to certain confidential information including, but not limited, to the project Plans. All such information provided by the State shall be considered Confidential Information regardless of the form, format, or media upon which or in which such information is contained or provided, regardless of whether it is oral, written, electronic, or any other form, and regardless of whether the information is marked as “Confidential Information”. As a condition for its receipt and access to the Confidential Information described above, the Offeror agrees as follows:

1. Offeror will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any Confidential Information received, except in connection with the preparation of its Bid.

2. Each employee or agent of the Offeror who receives or has access to the Confidential Information shall execute a copy of this Agreement and the Offeror shall provide originals of such executed Agreements to the State. Each employee or agent of the Offeror who signs this Agreement shall be subject to the same terms, conditions, requirements and liabilities set forth herein that are applicable to the Offeror.

3. Offeror shall return the Confidential Information to the State within five Business Days of the State’s Notice of recommended award. If the Offeror does not submit a Bid, the Offeror shall return the Confidential Information to Christie E. Williams, CPPB, MTA on or before the due date for Bids.

4. Offeror acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the State and agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible use of the Confidential Information. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to seek damages for the Offeror’s failure to comply with the requirements of this Agreement. The Offeror consents to personal jurisdiction in the Maryland State Courts.

5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the Offeror or any employee or agent of the Offeror to comply with the requirements of this Agreement, Offeror and such employees and agents of Offeror shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and/or costs.

6. This Agreement shall be governed by the laws of the State of Maryland.

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7. Offeror acknowledges that pursuant to Section 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland, a person may not willfully make a false or fraudulent statement or representation of a material fact in connection with a procurement contract. Persons making such statements are guilty of a felony and on conviction subject to a fine of not more than $20,000 and/or imprisonment not exceeding five (5) years or both.

Offeror further acknowledges that this Agreement is a statement made in connection with a procurement contract.

8. The individual signing below warrants and represents that they are fully authorized to bind the Offeror to the terms and conditions specified in this Agreement. If signed below by an individual employee or agent of the Offeror under Section 2 of this Agreement, such individual acknowledges that a failure to comply with the requirements specified in this Agreement may result in personal liability.

Offeror:

By:

Signature/Seal

Printed Name:

Title:

Date:

Address:

Contract No. T-2120-0150 16 of 83

CONTRACTORS QUESTIONNAIRE

PRE-AWARD EVALUATION DATA

IMPORTANT

This questionnaire is intended as a basis of establishing the qualifications of contractors for undertaking Construction, Maintenance and Repair Work under the jurisdiction of the Maryland Transit Administration.

THIS QUESTIONNAIRE FORM IS A PART OF THE CONTRACTOR’S BID AND

FAILURE TO SUBMIT IT MAY BE THE BASIS FOR REJECTION OF A BID.

I. General

(a) Legal Title and Address of Organization

(b) Contractor’s Local Representative’s Name, Title and Address

(c) ___Corporation ___Partnership ___Individual (Check One)

(d) Date your Firm was organized or started:

(e) Federal I.D. No. _________________________

(f) If a Corporation, state:

Capital Paid in Cash: $_____________________ Date of Incorporation: _____________________ State in which Incorporated: ________________

(g) Other than persons listed above, number of full-time office employees:

(h) Number of full-time permanent field employees:__________________

(i) Subsidiary of another company? Yes _____ No _____

1. Parent Company Name and Federal I.D. No.:

2. Sister Company in related business? Yes _____ No _____

3. Sister Company Name and Federal I.D. No.:

REQUIRED

W/ BID

Contract No. T-2120-0150 17 of 83

(j) In what States, if any, are you licensed to do business?

1. License Number in each State in which you are licensed to do business:

(k) Names of officers, owners, partners and principals. Identify relationship of each to firm, extent of activity in firm and projected involvement of each on this contract:

(l) List all other business names & licenses your firm has used in the past 10 years. Describe the operations.

II. If yes to any of the following questions, please attach a brief explanation and include the names, addresses and phone numbers of the person who may be contacted for additional information.

(a) Are there any claims, judgments, arbitration proceedings or suits pending against your organization? Yes___ No___

(b) Within the last five years, has your organization ever filed any lawsuit or requested arbitration related to a construction contract? Yes___ No___

(c) Within the last five years has your organization ever failed to complete any work awarded to it? Yes___ No___

(d) Within the last five years has any governmental agency canceled any awarded contract to your organization prior to completion of the work awarded to it?

Yes_____ No_____

If yes, describe reason:

(e) Has your organization ever been adjudged a bankruptcy or filed a petition in bankruptcy? Yes___ No___

(f) In the last five years has your organization been assessed liquidated damages for failure to complete a project by the contracted date? Yes___ No__

(g) Have any Performance or Payment Bond claims ever been paid by any surety on behalf of your organization? Yes___ No___

Contract No. T-2120-0150 18 of 83

(h) Does your organization have a Quality Control Program? Yes ___No___

(i) Is a copy of this program available upon request? Yes ____ No___

(j) Has your organization ever been barred from performing work for any

Federal, State or other governmental agency? Yes ____ No ___

(k) Is any member of your organization employed by the State of Maryland, a member of any State institutional board, management board or board of trustees, or in any way officially connected with the government of the State of Maryland? Yes ____ No ____

(l) Has your organization or any of its directors, officers, partners or supervisory personnel ever been indicated and/or found guilty for criminal action relating in any way to the conduct of your organization’s business? Yes ____ No

III. Financial

(a) Enclose your most recent audited financial statement. If, and only if, you do not have an audited financial statement, enclose your most recent Federal tax return and unaudited financial statement.

(b) Who is your bonding Company?

(c) Who is your bonding agent?

(d) Has your bonding company changed in the past three years? If yes, why?

(e) What is the total bonding capacity of your firm?

(f) What is your current bond amount in use?

(g) What is the maximum you have bonded on any single project?

(h) What is your policy on bonding subcontractors?

(i) Do you have any outstanding claims from any subcontractors?

(j) Within the past five years, has any bonding company refused to write you a bond on any construction work? If yes, explain.

IV. Experience

(a) Indicate type of Contracting undertaken by your organization and years of experience:

Contract No. T-2120-0150 19 of 83

General _____________________years Sub_____________years Type________________________ _____________ years Type ________________________ _____________years

(b) State construction experience of principal members of your organization:

Enclose resumes of all key personnel who may staff this project.

Construction Experience

Name and Title (Vice Pres., Mgr., etc.)

Construction Experience (Years)

Type of Work (Such as Hospitals, Apts, Etc.)

In what capacity?

(Foreman, Supt., etc.)

(c) List some principal projects completed by your organization:

Name of Work __________________________________ General or Sub __________________________________ Type of work___________________________________ Percentage of work performed by your firm (attach separate sheet if needed)_________________________

Name of Work __________________________________ General or Sub __________________________________ Type of work___________________________________ Percentage of work performed by your firm (attach separate sheet if needed)_________________________

Name of Work __________________________________ General or Sub __________________________________ Type of work___________________________________ Percentage of work performed by your firm (attach separate sheet if needed)_________________________

Contract No. T-2120-0150 20 of 83

(d) If a General Contractor, list some sub contractors in various fields who have worked under you:___________________________________________________________

(e) If Sub-Contractor, list some General Contractors for whom you have worked:________________________________________________________

(f) List major projects that involved the work outlined in this IFB in the last three

(3) years:

A. Project Name: _____________________________________

Project Description:_________________________________

Construction Job Value:______________________________

Contact: __________________________________________

Phone No.__________________________________________

Email: _____________________________________________

B. Project Name: ______________________________________

Project Description:__________________________________

Construction Job Value:______________________________

Contact: __________________________________________

Contract No. T-2120-0150 21 of 83

C. Project Name: ______________________________________

Project Description:__________________________________

Construction Job Value:______________________________

Contact: ___________________________________________

(g) Roofing Operations (Past five Years)

Building Type Percentage of Work

Slope Percentage

Residential % Pitched % Commercial % Low Slope

(slope < ½” per foot)

Other % Other %

Method Percentage

Method Percentage

Single Ply Membrane

% Fully Adhered Single Ply Membrane

PVC % Mechanically Fastened Single Ply Membrane

TPO % Hot Air Welding %

EPDM %

Modified Bitumen

Polyurethane Foam

Built-up % Metal %

Contract No. T-2120-0150 22 of 83

(h) Please list the percentage of your roofing operations work performed in connection with:

Governmental facilities % New Construction - Commercial % Re-Roofing - Commercial % Roof Repair - Commercial %

(i) Has your organization performed roofing projects for the State of Maryland in the last 5 years? Yes ___ No ___ If Yes, Highest Construction Job Value:__________________________

(j) Has your organization performed roofing projects for the MDOT Maryland Transit Administration in the last 5 years?

Yes ___ No ___. If Yes, Highest Construction Job Value: ______________________________ List Projects: _____________________________________

V. Safety

(a) Does your organization have a written Safety program? Yes ___ No ___

(b) Is a copy of this program available upon request? Yes ___ No ___

(c) Within the past ten years, has your organization received any order for violations from the United States Occupational Safety and Health Administration (OSHA) or the Maryland Occupation Safety and Health Administration? Yes ___ No ___

If yes, explain. _________________________________________

The above statements are certified to be true and accurate.

Dated at ________________________this _________day of ________________, 20__.

By: ____________________________________________________________

Contract No. T-2120-0150 23 of 83

(Title of Person signing)

(Name of Organization)

State of ____________________________________________________________

County (City) of__________________________________________________________:

On this _______________day of ______________________, 20____, before me, _______________________________, the undersigned officer, personally appeared and acknowledged that he (she) executed the foregoing Contractor’s Questionnaire in the capacity therein stated and for the purpose therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public

(SEAL)

My commission expires: ___________________________

Contract No. T-2120-0150 24 of 83

BID FORM

FOR

CONTRACT NO.: T-2120-0150

TO: MARYLAND TRANSIT ADMINISTRATION BID OPENING DATE:

ATTN: PROCUREMENT DIVISION JUNE 29, 2023

6 SAINT PAUL STREET, 7TH FLOOR BID OPENING TIME:

BALTIMORE, MD 21202-1614 2:30 PM

BID OF:

(Bidder’s Name)

PROJECT DESCRIPTION:

1. This bid is hereby submitted to the Maryland Transit Administration (hereinafter sometimes called the “Administration”) in response to NOTICE TO CONTRACTORS dated .

2. The UNDERSIGNED has thoroughly examined, acknowledges receipt of, and is familiar with the Contract Documents as well as the various instructions, information, and requirements covering the same, all as mentioned herein and in said NOTICE TO

CONTRACTORS.

3. In compliance with said NOTICE TO CONTRACTORS the UNDERSIGNED hereby proposes to furnish all labor, equipment, and materials and perform all work described and in strict accordance with the provisions of the Contract Documents for the consideration of the amounts, lump sum and unit prices listed in the attached Unit Price Schedule, and agrees that, upon Notice of Award, within one hundred eighty(180) calendar days after the date of opening of bids, unless mutually extended, he will within ten (10) calendar days after receipt of the prescribed forms, execute the Contract and furnish a performance bond and payment bond (if such bonds are required by the Contract Documents) on forms furnished by the Administration with good and sufficient surety or sureties.

4. The UNDERSIGNED agrees and understands that the time of completion is as specified in the Special Provisions, unless the completion dates are extended as provided for in the Contract Documents.

5. The UNDERSIGNED agrees to pay liquidated damages in the amount specified in the Special Provisions for each and every calendar day after the completion date that the work remains incomplete unless an extension is granted as provided for in the Contract Documents.

6. The UNDERSIGNED hereby certifies that the

Contract No. T-2120-0150 25 of 83

(Bidder’s Name) / / is, / / is not (CHECK ONE) included on the GSA list of Parties Excluded from Procurement. AND

The UNDERSIGNED hereby certifies that the (Bidder’s Name) / / is, / / is not (CHECK ONE) included on the List of Contractors Suspended or Debarred from Contracting with the State of Maryland.

7. The UNDERSIGNED, as the Contractor, will perform on the Site, with its own organization, percent ( %) of the total amount of work to be performed under this contract.

8. PARENT COMPANY

a. The UNDERSIGNED represents that it / / is, / / is not, (CHECK ONE) owned or controlled by a parent company. For this purpose a parent company is defined as one which either owns or controls the activities and basic business policies of the UNDERSIGNED. 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 bidder, such other company is considered the parent of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.

b. If UNDERSIGNED is owned or controlled by a parent company, insert in the space below the name and main office address of the parent company

Name

Address

City, State Zip

9. ARREARAGES

By submitting a response to this solicitation, the undersigned shall be deemed to represent that it is not in arrears in the payment of any obligations due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so arrears during the term of the contract if selected for contract award.

10. CERTIFICATION OF NON-MARYLAND CORPORATION (FOREIGN

CORPORATION)

a. A corporation not incorporated in the State of Maryland is considered to be a foreign corporation and, therefore, is required to be registered with the Maryland

Contract No. T-2120-0150 26 of 83

State Department of Assessment and Taxation if awarded this contract.

b. Where a foreign corporation is currently registered with the Department of Assessments and Taxation, such a bidder shall submit with his bid a copy of the department's certification of his registration or qualification acknowledgment.

c. If a foreign corporation is not currently registered, such a bidder shall submit with his bid his certification that, if notified of his apparent award of the contract, he will register with the Maryland State Department of Assessments and Taxation and provide a copy of the department's certification of his registration or qualification acknowledgment along with the executed contract.

11. The Contractor shall, prior to the time of execution of the contract, obtain all applicable licenses and comply with all applicable laws and regulations in the Annotated Code of Maryland.

12. All bidders must submit with their bid the following documents fully executed.

a) Completed Insurance Cost Worksheet

b) Bid/Proposal Affidavit.

c) Bid Bond in the Amount of $__________________ Or 5% of the bid price

d) Signed Cover Letter for each Addendum issued by MTA

e) Contractor’s Questionnaire Pre-Award Evaluation Data

f) MDOT DBE Form A, “Certified DBE Utilization and Fair Solicitation

Affidavit” (two page document)

g) MDOT DBE Form B, “DBE Participation Schedule”

h) Buy America Certificate

i) Certification Regarding Lobbying

j) Certification Regarding Investments in Iran

k) Location of the Performance of Services Disclosure

l) Mercury Affidavit

m) Conflict of Interest

n) Federal Fund Clauses (Federally-funded Contracts)

o) Payment of Employee Healthcare Expenses Worksheet

p) Payment of Employee Health Expenses Certification

Contract No. T-2120-0150 27 of 83

BASE BID

(ROOF REPLACEMENT OF WABASH MAIN ROOF SECTIONS-A, B & C):

Item Section Description Estimate

Of Qty Unit Unit Price Total Price

001 01 15 00 Mobilization 1 LS $300,000.00 $300,000.00

002 01 21 00 Miscellaneous Work Allowance

1 ALL $320,000.00 $320,000.00

003 01 43 00 QA/QC 1 ALL $25,000.00 $25,000.00

004 01 52 13.04

Engineer’s Office for MTA Construction Management Divisions’ Use

1 ALL $40,000.00 $40,000.00

005 02 41 19 Demolition 1 LS

006 06 10 00 Rough Carpentry 1 LS

007 07 54 19

PVC

Thermoplastic Single-Ply Roofing

1 LS

008 07 90 00 Joint Sealers 1 LS

22 14 20 thru 26 05 53

MEP 1 LS

010 26 41 13 Lightning Protection 1 LS

Basis of Award: Total amount of items 001 thru 010:

(figures)

(words)

Contract No. T-2120-0150 28 of 83

ADD/ALTERNATE NO. 1

(ROOF REPLACEMENT OF WABASH MAIN ROOF SECTION-D):

Item Section Description Estimate

Of Qty Unit Unit Price Total Price

02 41 19 thru 26 41 13

ADD/ALTERN

ATE NO. 1

Roof Replacement of Wabash Main Roof Section-D

1 LS

TOTAL:

ADD/ALTERNATE NO. 1: Total amount of items 011:

(figures)

(words)

Insurance Premium (Contingency)

LS

This amount will only be added to the base bid in the event that the bidder is excluded from the wrap-up insurance program or the program is terminated mid-term. The Insurance Premium Worksheet must be attached to the bid.

Contract No. T-2120-0150 29 of 83

A. CORPORATION BID: FEIN:

Name of Corporation

State in which Incorporated

Business Address

Telephone Number / Fax Number

ATTEST: By:

Secretary President or Vice President

Print Name Print Name

B. PARTNERSHIP BID: FEIN:

Name of Partnership

Names of each Partner:

Witness: By:

Contract No. T-2120-0150 30 of 83

Signature Signature

C. INDIVIDUAL BID: S.S. No.:

Name

Witness: By:

Signature

D. JOINT VENTURE FEIN:

ATTEST By:

Print Name Print Names

FEIN:

Contract No. T-2120-0150 31 of 83

FEIN:

A Joint Venture doing business as

* Each member of the Joint Venture must execute the Bid Form. A Corporate Officer must sign for each member of the joint venture. In the event that a Corporate Officer (President or Vice President) does not sign the Bid Form, a Power of Execution or Power of Attorney, must be submitted with the Bid Forms.

Contract No. T-2120-0150 32 of 83

Bid/Proposal Affidavit

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, ___________________ (name of affiant) am the __________________ (title) and duly authorized representative of ____________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

Contract No. T-2120-0150 33 of 83

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran– owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by

COMAR 21.11.12; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1) — (5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

Contract No. T-2120-0150 34 of 83

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

Contract No. T-2120-0150 35 of 83

E. AFFIRMATION REGARDING DEBARMENT

Neither I, nor to the best of my knowledge, information, and belief, the above business, or…