KB-3022-0000 IFB Part A.pdf

2020 VERSION 1.0 DRAFT 4 – December 29, 2021

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSPORTATION AUTHORITY

Baltimore, Maryland

Invitation for Bids

PART A

FRANCIS SCOTT KEY MEMORIAL BRIDGE (I-695)

Contract No. KB-3022-0000

SHORELINE RESTORATION AT FSK POLICE

HEADQUARTERS

BALTIMORE COUNTY

August 4, 2026

Prospective Bidders who have received this document from a source other than https://emma.maryland.gov and wish to assure receipt of any changes or additional http://www.ebidmarketplace.com/

2020 VERSION 1.0 DRAFT 4 – December 29, 2021 materials to the IFB, should immediately log into the eMaryland Marketplace Advantage website for this Solicitation so that amendments or other communications are sent directly to them.

**Minority Business Enterprises are Encouraged to respond to this Solicitation.**

INTENTIONALLY LEFT BLANK

Maryland Transportation Authority

I

TABLE OF CONTENTS

TABLE OF CONTENTS ....................................................................................................... I

INVITATION FOR BIDS

KEY INFORMATION SUMMARY SHEET

ELECTRONIC BIDDING

INSTRUCTIONS AND REQUIREMENTS FOR ELECTRONIC BIDDING

PROJECT SCOPE OF WORK

QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

PART A

GENERAL INFORMATION

GI-1 SPECIFICATIONS

GI-2 PROJECT DESCRIPTION

GI-3 PROJECT TIME

GI-4 PROCUREMENT OFFICER

GI-5 CONTRACT MANAGER

GI-6 PRE-BID MEETING AND SITE VISIT

GI-7 QUESTIONS DUE DATE

GI-8 EMARYLAND MARKET PLACE ADVANTAGE

GI-9 ELECTRONIC COMMUNICATIONS

GI-10 BID DUE DATE AND SUBMITTAL REQUIREMENTS

GI-11 REVISIONS TO THE IFB

GI-12 CONTRACTORS RESPONSIBILITY

GI-13 BID GUARANTY AND BONDING REQUIREMENTS

GI-14 ELECTRONIC FUNDS TRANSFER

GI-15 VERIFICATION OF REGISTRATION AND TAX PAYMENT

GI–16 ARREARAGES

GI-17 BID/PROPOSAL AFFIDAVIT

GI-18 MARYLAND HEALTHY WORKING FAMILIES ACT REQUIREMENTS

CONTRACT PROVISIONS

CP-1 MINORITY BUSINESS ENTERPRISE/AFFIRMATIVE ACTION/CONTRACT

COMPLIANCE

CP–2 MBE FORMS

CP–3 MBE LIQUIDATED DAMAGES

CP-4 IMPORTANT INFORMATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISE (VSBE) BIDDING AND REQUIREMENTS

CP-5 APPRENTICESHIP TRAINING FUND

CP-6 INVESTMENT ACTIVITIES IN IRAN ACT

CP-7 CONCERNING THE MBE GOAL ON THIS CONTRACT

CP-8 MBE COMPLIANCE FIELD MEETING

CP-9 WORKFORCE HEALTH CARE STUDY LAW

CP-10 CERTIFICATION OF MBE SUBCONTRACTS PRIOR TO AWARD

HEADQUARTERS

Contract No. KB-3022-0000

Invitation for Bids

KEY INFORMATION SUMMARY SHEET

CONTRACT NO.: KB-3022-0000

eMMA SOLICITATION: BPM057212

TITLE: Shoreline Restoration at FSK Police Headquarters

FACILITY: Francis Scott Key Memorial Bridge Facility

COUNTY: Baltimore County

ADVERTISED: August 4, 2026

PRE-BID MEETING: August 26, 2026, 10:00 a.m. local time, at the Maryland Transportation Authority, FSK Facility, 300 Authority Drive, Baltimore, MD 21222.

SITE VISIT: August 26, 2026, immediately after the pre-bid meeting at the Maryland Transportation Authority, Police Headquarters, 4330 Broening Highway, Baltimore, MD 21222.

QUESTIONS DUE DATE September 9, 2026, 4:00 p.m. local time See Section GI-7

PROCUREMENT OFFICER: Jullian Johns Phone # 410-537-6774 Email Address: jjohns@mdta.state.md.us

BIDS ARE TO BE SENT TO: www.bidx.com

BID DUE DATE AND TIME: October 7. 2026, 12:00 p.m. local time

CLASSIFICATION: Class - D ($1,000,001 to $2,500,000)

PROJECT TIME: 395 Calendar Days

LIQUIDATED DAMAGES: MBE Liquidated Damages – See Section CP-3 Project Liquidated Damages – See Section GP-8.09

Overall 17%, no subgoals MINIMUM MBE GOALS:

MINIMUM VSBE GOAL: 1%

mailto:jjohns@mdta.state.md.us

BID DOCUMENTS: Bid documents can be downloaded from https://emma.maryland.gov. Any questions regarding this website, please contact the eMaryland Marketplace Advantage Help Desk at 410-767-1492.

https://emaryland.buyspeed.com/bso/

ELECTRONIC BIDDING

INSTRUCTIONS AND REQUIREMENTS FOR ELECTRONIC BIDDING

Electronic Bidding Documents

All bidding documents referred herein that discuss paper or hardcopy submittals are to be construed to mean electronically submitted.

Contract Documents

The Administration will continue to post advertisements of projects on the eMaryland Marketplace Advantage (eMMA) website, an electronic commerce system administered by the Maryland Department of General Services, located at https://emma.maryland.gov. All associated contract materials, including the solicitation notices, summaries of pre-bid meetings, bidder’s questions and the Procurement Officer’s responses, addenda, and other solicitation related information will no longer be provided on eMMA. These materials will only be available on the Bid Express website located at http://www.bidx.com/maryland/main, and will continue to be available at no charge.

However, in order to be awarded a Contract, bidders must still be registered on eMMA. The registration on eMMA is free. Should you have any questions regarding registration, please call the eMMA Help Desk at 410-767-1492.

Bidders must use the electronic bid forms provided by the Administration to submit bids. The Bid Proposal forms are available on the Bid Express website. Paper bids will not be accepted for this contract. It is the bidder’s responsibility to download the complete official Bid Proposal Form (‘.ebsx’ file) and any amendment files (‘.NUMx’) associated with that specific Bid Proposal Form.

Amendment files (‘.NUMx’) are posted to the Bid Express website when there is a change to the Bid Proposal Form, including a letting date change. The Administration is not liable for the bidder’s failure to download the complete contract documents, the official Bid Proposal Form (‘.ebsx’ file) or the amendment files (‘.NUMx’).

Bid Preparation

AASHTOWare Project Bids™ Bid Component software is required to view, prepare and submit bids (proposal form packets) electronically. This software is available for download and use at no charge at https://bids.cloverleaf.net/. Training material and detailed instructions to “Set Up Internet Bidding” are available within the “AASHTOware Project BidsTM – Flash Guides” through the Bid Express Training Center at: https://www.bidx.com/site/trainingcenter.

Bid Submittal – Registration and Paid Subscription are Required

In order to submit bids, bidders must: designate an individual to submit bids on behalf of the bidding entity, register with Bid Express, during registration select Maryland Department of Transportation as the referring Agency, have a paid subscription to electronically submit bids via the Internet Bidding Service, obtain an Info Tech Digital ID and request to bid in Maryland. The designated individual must be authorized, pursuant to the effective legal documents of the bidding entity, to sign and submit binding legal documents on behalf of the bidding entity. Note that there are fees to generate an ID for monthly Internet bidding.

Payment of a Bid Express subscription is required to submit a bid. For current fee schedules please visit https://www.infotechfl.com/legal/fee_schedule. All fees are payable to Bid Express. Potential https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Femma.maryland.gov%2F&data=02%7C01%7CRDelosReyes%40mdot.maryland.gov%7Ce83b778169e24bc7311108d7c5c825cb%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637195336012033903&sdata=mspIoLehjAH%2FWjtxYgmHpzdsdJetwFO7VN2JHfOvq3o%3D&reserved=0 http://www.bidx.com/maryland/main http://www.bidx.com/maryland/main https://bids.cloverleaf.net/ https://www.bidx.com/site/trainingcenter https://www.infotechfl.com/legal/fee_schedule bidders are encouraged to register in advance with Bid Express as the registration process and the Digital ID creation takes at least 7 business days. For more information about Bid Express registration and subscription, please visit https://www.bidx.com/site/registration. Bidders may call or email the Bid Express Customer Support Team at 888-352-BIDX (2439) or at customer.support@bidx.com for assistance with registration.

All bids must be submitted to https://www.bidx.com/maryland/main. A bid extension will not be granted for delays in registration, for errors in submission of electronic bids or for unsuccessful or incomplete transmission of bids to Bid Express. Bid submittal shall be as specified in TC-2.05.

Bid Completeness and Accuracy

Bidders are solely responsible to review, understand and adhere to all bid instructions, requirements and specifications. Due to inherent limitations, the AASHTOWare Project Bids™ Bid Component software cannot identify all bid proposal errors and omissions. Bidders shall not rely on this software or the Bid Express website to identify errors and omissions in their bid proposal. Any feedback from the AASHTOWare Project Bids™ Bid Component software including, but not limited to, the green check marks and red exclamation marks does not validate, or otherwise indicate completeness or responsiveness of the bid proposal. Transmission of the bid proposal and selection of the appropriate MBE or DBE forms to Bid Express does not imply that the submitted bid package is free of errors and omissions or that the submitted bid is susceptible to award.

Bidders are responsible for completeness and accuracy of their bid proposals and selection of the appropriate MBE or DBE forms.

Bid Security / Proposal Guaranty – Electronic Verification

Bid Express permits bidders to have electronic bid bond verification. The Administration will accept electronic bid bond verification. The two companies that provide electronic bid bond verification are Tinubu Surety Solution and Surety 2000. For information on Tinubu Surety Solution please visit http://www.tinubu.com/. For information on Surety 2000 please visit http://surety2000.com. For additional information, see GP-2.07.

Bid Opening and Requirements.

Bid Opening shall be as specified in GP-2.13.

https://www.bidx.com/site/registration mailto:customer.support@bidx.com https://www.bidx.com/maryland/main http://www.tinubu.com/ http://surety2000.com/

NOTICE TO CONTRACTORS

How to obtain potential bidder’s list?

A Bidder’s List for this solicitation is available on the Bid Express website, (https://www.bidx.com/maryland/main ). To view this:

• Visit the BidX website listed above;

• On the menu bar across the top, select the “Lettings” tab;

• Select the desired Letting Date from the List of Lettings;

• Select the desired Proposal;

• On the right-hand side, under “Also Available” select “Plan Holders/Eligible Bidders.”

• To access contact information for “Plan Holders”, select “Export (csv)” and open or save the file created from this action. Note, if no “Plan Holders” are listed, the file will be blank.

“Voluntary Plan Holder” contact information and Business Classification are available on the page.

https://www.bidx.com/maryland/main

Frequently Asked Questions - General

Q1: Whom should I contact for technical issues related to eMMA or BidX?

A1: Contact eMaryland Helpdesk at (410) 767-1492 or at emma.helpdesk@maryland.gov for questions regarding eMaryland Marketplace Advantage website. Contact Bid Express at (888) 352-2439 or at customer.support@bidx.com for questions about “.ebsx” files or electronic bidding.

Q2: Will the quantities file be provided for projects that advertise on BidX?

A2: The quantities file (“qty.z”) will no longer be provided. The information from the

“.ebsx” file can be exported from the AASHTOWare Project Bids™ Bid Component software to csv or tab separated format.

Q3: What is my vendor-id/ bidder-id to register on BidX?

A3: In most cases, the vendor-id is the letter ‘V’ followed by your firm’s FEIN without any dashes or spaces. Before requesting to bid in Maryland, please contact us at (410) 545- 8840 or MdotSHABidX@sha.state.md.us to reconfirm your vendor-id/bidder-id.

Q4: Whom do I contact for billing and subscription questions?

A4: Please contact Bid Express Customer Support by phone at (888) 352-2439 or by email at customer.support@bidx.com.

Frequently Asked Questions – Accessing Materials

Q5: Where can I retrieve the contract documents?

A5: All contract bidding documents, with the exception of the “.ebsx” file needed to bid, may be downloaded from BidX free of charge. However, if you wish to bid on a contract, you must be registered with Bid Express and have a basic subscription that allows you to download the “.ebsx” file and submit bids.

Q6: How can I view the “.ebsx” file?

A6: You may download the free AASHTOWare Project Bids™ Bid Component software from https://bids.cloverleaf.net/. This software must be installed locally on your mailto:emma.helpdesk@maryland.gov mailto:customer.support@bidx.com mailto:MdotSHABidX@sha.state.md.us mailto:customer.support@bidx.com https://bids.cloverleaf.net/ computer. Please note that MDOT SHA does not use Trns*Port Expedite® for bidding purposes.

Q7: How do I save the .ebsx and .00#x files?

A7: Please select the .ebsx and .00#x files, or the Zip File for the proposal. The files must be saved in the same location (i.e., folder) and saved locally on your computer, not on a network drive.

Q8: Where do I find the Proposal Form Packet (PFP) and Schedule of Prices?

A8: A .pdf copy of the PFP with a list of bid items is provided, for informational purposes only, in the download section of Bid Express for free. For bidding purposes, the Schedule of Prices and Proposal Form Packet are now condensed into a single file that ends with “.ebsx”, this is posted as a Contract Document at advertisement. For example, a contract PG6185170, the Proposal Form Packet and the Schedule of Prices file would be in a file titled PG6185170.ebsx.

Q9: How are contract addenda changes posted for electronic bidding projects?

A9: Every Contract addendum will have an accompanying addendum letter and a file that is named ContractNumber.00#x where 00# refer to the number of addenda or amendments. Prior to submitting your bid, ALL addenda files must be downloaded.

These amendment file(s) is (are) to be stored in the same location as the “.ebsx” file. The changes due to addendum are described in the accompanying addendum letter. Using the AASHTOWare Project Bids™ Bid Component software you can open the ContractNumber.ebsx file and the software will automatically compile all the addenda changes.

Frequently Asked Questions – Bidding

Q10: Do I need an account with Bid Express to bid?

A10: Yes, Bid Express requires at a minimum a basic subscription. For more information regarding subscription packages and fee, please visit https://bidx.com/site/static?page=fees.

https://bidx.com/site/static?page=fees

Q11: How and where do we submit bids?

A11: Please refer to the project advertisement on where to submit bids.

Bids are filled out and submitted via the AASHTOWare Project Bids™ Bid Component software, using the Bid Express service. Please completely fill out the Proposal Form Packet and Schedule of Items in the software to submit the bid. Once the bid is complete, please click on the lightning bolt button at the top of the page or select Submit Bid from the Tools menu, and start the Bid Submission Wizard to submit the bid.

More information on submitting bids electronically is available at the following location:

https://www.bidx.com/site/trainingcenter where tutorial videos are available.

Q12: Can I revise a bid I have already submitted it? If so, how can I revise my bid?

A12: Yes, you may revise a bid that has been previously submitted. However, you may only revise bids prior to noon of the letting date. Once noon on the letting date has passed, bids may no longer be revised or withdrawn and will be processed as submitted.

If you wish to revise your bid, simply open the proposal using the AASHTOWare Project Bids™ Bid Component software and make your revisions. Please note when resubmitting your bid, you must re-attach all attachments. Re-attaching attachments means navigating to EVERY attachment location in the “.ebsx file” and re-selecting the attachment using the ‘Browse’ button, prior to re-submission.

Q13: If I am not the apparent low bidder, am I required to deliver the original proposal guaranty/ bid security to MDOT SHA?

A13: Yes, unless the bid security is electronically verifiable, all bidders must submit the original bid security as specified in TC-2.04 and TC-2.05.

Q14: Is it acceptable to use a paper bid bond as a bid security?

A14: No.

Q15: Must I submit bid security for every project?

A15: Yes, unless specified otherwise.

PROJECT SCOPE OF WORK

The work to be performed under this contract is located at the MDTA Francis Scott Key (FSK) Police Headquarters facility at 4330 Broening Highway along I-695 north of the Francis Scott Key Bridge.

The purpose of the project is to restore the eroding shoreline at the facility. The contractor will install offshore riprap breakwaters to the northeast and east of the peninsula and a revetment at the southeastern point. Behind the breakwaters, the project will create a tidal marsh fringe and gently sloped upland tree and shrub zone. This project is located in Baltimore County.

The work shall include, but is not limited to the following:

1. Installation of six offshore riprap breakwaters.

2. Installation of a riprap revetment, including dredging for revetment footer installation.

3. Removal of a concrete crib wall.

4. Removal of a timber crib wall.

5. Removal of large rubble and debris including but not limited to boulders, concrete blocks, masonry blocks, and wooden beams.

6. Relocation of an osprey nesting platform.

7. Excavation and embankment of a tidal marsh zone and upland slope zone.

8. Planting and establishment of trees, shrubs, and perennial tidal marsh plants.

9. Potential establishment of a Chesapeake Bay Critical Area bank.

10. Removal and replacement of split rail fence.

11. Maintenance of traffic.

12. Erosion and Sediment Control.

13. Coordinating with MDTA police headquarters personnel for site access and construction timing constraints.

This is not an all-inclusive list.

QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

The Prime Contractor, as a company or Joint Venture, shall provide evidence of performing at least three (3) living shoreline or shoreline restoration and stabilization projects within the last seven (7) years, at least one of which shall have a value of at least $1 million and be of similar complexity and scope as the project described within this IFB, and at least two (2) of which shall have a value of at least $250,000. Pertinent work experience shall be submitted with the bid documents using the Experience Questionnaire Form.

The Contractor Team, as a collection of the Prime Contractor, whether a company or Joint Venture, and/or its subcontractors, shall have at least five (5) years of experience with erosion and sediment control in tidal waters. Experience of individual officers, employees, or personnel in the Company will not count towards meeting the required five (5) years of experience for the Company. Pertinent work experience shall be submitted with the bid documents using the Experience Questionnaire Form.

The Contractor Team, as a collection of the Prime Contractor, whether a company or Joint Venture, and/or its subcontractors, shall have at least five (5) years of experience with restoration planting, including control of invasive species during plant establishment. Experience of individual officers, employees, or personnel in the Company will not count towards meeting the required five (5) years of experience for the Company. Pertinent work experience shall be submitted with the bid documents using the Experience Questionnaire Form.

The Contractor Team, as a collection of the Prime Contractor, whether a company or Joint Venture, and/or its subcontractors, shall have at least two (2) years of experience in the characterization and management of dredged and contaminated material including, but not limited to: sample collection, performance of analytical chemistry, management (staging, stockpiling, consolidating, loading, exporting and/or disposing) of contaminated materials, familiarity with Maryland Department of the Environment regulations governing such, and compliance with the applicable provisions of the Code of Federal Regulations (CFR), including 29 CFR 1910 and 1926. Experience of individual officers, employees, or personnel in the Company will not count towards meeting the required two (2) years of experience for the Company. Pertinent work experience and proof of OSHA training experience compliant with 29 CFR 1926.65, Hazardous waste operations and emergency response, shall be submitted with the bid documents using the Experience Questionnaire Form.

The Prime Contractor, as a company or Joint Venture, either through its own employees or through the use of a qualified subcontractor, shall supply a Licensed Marine Contractor as certified by the Marine Contractors Licensing Board of Maryland. Proof of certification as a Licensed Marine Contractor shall be submitted with the bid documents using the Experience Questionnaire Form.

GENERAL INFORMATION Contract No. KB-3022-0000

PART A

GENERAL INFORMATION

GI-1 SPECIFICATIONS

All terms, conditions, and work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials" dated July 2025. and all revisions thereof, or additions thereto that are specifically included in this Invitation for Bids. You can access the SHA’s Standard Specifications for Construction and Materials at the following web site link:

www.roads.maryland.gov. Any Supplemental Specifications and Provisions shown on this web site shall only apply to this project if they are specifically included in this Invitation for Bids.

All reference to the Maryland State Highway Administration’s offices and/or positions shall be construed to mean the Maryland Transportation Authority’s (“MDTA”) corresponding offices and/or positions. Throughout this IFB, the terms Maryland Transportation Authority and MDTA will be used interchangeably, but all refer to the Maryland Transportation Authority. Prior to any submittal or contact specified, the Contractor shall have the Construction Project Manager verify that the current office and/or position are shown in the specifications. The MDTA will not be responsible for any loss resulting from the Contractor not verifying the current MDTA office and/or position.

GI-2 PROJECT DESCRIPTION

The work to be performed under this contract is located at the MDTA FSK Police Headquarters facility at 4330 Broening Highway along I-695 north of the Francis Scott Key Bridge. The purpose of the project is to restore the eroding shoreline at the facility. The project will install offshore riprap breakwaters to the northeast and east of the peninsula and a revetment at the southeastern point. Behind the breakwaters, the project will create a tidal marsh fringe and gently sloped upland tree and shrub zone. This project is located in Baltimore County.

GI-3 PROJECT TIME

The time to complete the Project resulting from this IFB shall be for a period of 395 Calendar Days.

GI-4 PROCUREMENT OFFICER

The sole point of contact for this IFB prior to the award of any contract is the Procurement Officer at the address listed below:

Jullian Johns Division of Procurement Maryland Transportation Authority Phone No. 410-537-6774 2310 Broening Highway Baltimore, MD 21224 http://www.roads.maryland.gov/

HEADQUARTERS

GENERAL INFORMATION Contract No. KB-3022-0000

E-mail: jjohns@mdta.state.md.us

The MDTA may change the Procurement Officer at any time by written notice to the Contractor.

GI-5 CONTRACT MANAGER

The Contract Manager monitors the daily activities of the Contract and provides guidance to the Contractor. The State Contract Manager is:

Jennifer Black Office of Engineering and Construction Maryland Transportation Authority 8019 Corporate Drive, Suite F, Phone No. 410-537-8200 Nottingham, MD 21236 E-mail: jmurno@mdta.state.md.us

The MDTA may change the Contract Manager at any time by written notice to the Contractor.

GI-6 PRE-BID MEETING AND SITE VISIT

A Pre-Bid Meeting will be held on August 26, 2026, beginning at 10:00 a.m., Local Time, at the Maryland Transportation Authority, FSK Facility, 300 Authority Drive, Baltimore, MD 21222. Attendance at the Pre-Bid Conference is not mandatory, but all interested Bidders are encouraged to attend to raise questions and/or issues of concern regarding this IFB, gain an understanding of the bidding process, and facilitate better preparation of their bids. In addition, attendance may facilitate the Bidders understanding of the IFB requirements.

A Site Visit will be held on August 26, 2026, beginning immediately after the Pre-Bid Meeting, at the Maryland Transportation Authority, Police Headquarters, 4330 Broening Highway, Baltimore, MD 21222. Attendance at the Site Visit is not mandatory. All interested Bidders are encouraged to attend in order to become familiar with the project environment.

The Site Visit Response Form shall be submitted via email to Jullian Johns at jjohns@mdta.state.md.us by August 25, 2026, 4:00 p.m. local time. This Form serves as a reservation for the Scheduled Site Visit. Accommodations are contingent upon Bidders submitting the Site Visit Response Form.

It is the sole responsibility of the Bidders to familiarize themselves fully with the scope of work and the contents of these specifications. Failure to attend the pre bid conference or site visit does not relieve the successful Bidder from their obligations to comply with all aspects of this bid package for the amount specified in their bid.

As promptly as feasible after the Pre-Bid Meeting, a written summary of the Meeting and all questions and answers known will be distributed electronically via eMaryland Marketplace Advantage at https://emma.maryland.gov.

GI-7 QUESTIONS DUE DATE

Please submit all questions in writing to the Procurement Officer: Jullian Johns via email at:

MDTAPROCUREMENT@mdta.state.md.us with a copy to jjohns@mdta.state.md.us.

Questions will be received until September 9, 2026, 4:00 p.m. local time. Oral questions will not be entertained. All timely received questions and responses will be published as an Addendum to the solicitation on eMMA.

Bidders should receive an automatic electronic confirmation email from the MDTAProcurement mailbox once the question is received. If a bidder does not receive an email confirmation, please contact the Procurement Officer immediately. If a bidder does not receive an automatic electronic confirmation email and does not immediately contact the Procurement Officer, MDTA will not be able to accept questions after the question due date, provide answers to questions received after the question due date, or extend the bid due date because of questions not received.

GI-8 eMARYLAND MARKET PLACE ADVANTAGE eMaryland Marketplace Advantage (“eMMA”) is an electronic commerce system administered by the Maryland Department of General Services. All associated materials, the solicitation, the summary of the Pre-Bid meeting, bidder’s questions and the Procurement Officers responses, addenda, and other solicitation related information will be provided via eMaryland Marketplace Advantage.

A Bidder must be registered on eMMA in order to receive a Contract award. Registration is free; should you have any questions regarding registration, please call the eMMA Help Desk at 410-767-1492.

GI-9 ELECTRONIC COMMUNICATIONS

With the exception of questions received prior to the Questions Due date as indicated in GI 7, bids and protests, the MDTA will not accept, notices of claim, or claims by any electronic means (including by facsimile or email).

GI-10 BID DUE DATE AND SUBMITTAL REQUIREMENTS

Bids are due no later than October 7, 2026, 12:00 p.m. local time. The bid shall be submitted only via the MDTA-required electronic bidding software and website. Paper copy submittals of the bid will not be accepted, except for the Proposal Guaranty. An authorized representative is required to sign the bid electronically. The MDTA may choose to reject a bid if it is not mailto:MDTAPROCUREMENT@mdta.state.md.us electronically signed by an authorized representative.

A. The bidder shall ensure delivery of its bid with all required components and attachments, including, but not limited to:

(a) Bid Form.

(b) Schedule of Prices.

(c) Proposal electronic bidding file with Bidder’s Certificate.

(d) Bid Security:

(1) An electronic verification of the bid bond submitted with the bid. A paper submission of the bid bond is not acceptable.

(2) A clear electronic image of all other acceptable forms of proposal guaranty must be uploaded to Manual Verification tab for Bid Bond and submitted with the bid. The original proposal guaranty with the contractor name, contract number and the bid opening date must be sent to or delivered to: Attention: Jullian Johns, Maryland Transportation Authority, Division of Procurement, located at 2310 Broening Highway, Baltimore, MD 21224. It must be received by the MDTA no later than three business days after bid opening.

(3) No bid will be considered unless the proposal guaranty or an evidence thereof is received by the MDTA in proper form by the bid opening date and time. An acknowledgement may be obtained by the bidder as a proof of proposal guaranty delivery.

(e) MBE and VSBE forms.

(f) Buy American Steel Act

(g) Bid/Proposal Affidavit

(h) Experience Questionnaire

(i) Employee Health Care Expenses - Bid Information Sheet-The Prime and all Sub-Contractors

(j) Employee Health Care Expenses Certification Form- The Prime and all Sub-Contractors

B. The Bidder is solely responsible for any errors and for the timely submission of the bid, all components thereof and all attachments thereto through the electronic bidding system.

The Administration assumes no responsibility for any claim arising from the failure of any Bidder or of the electronic delivery system to cause any bid, its component(s), or attachment(s) thereto to not be delivered or to be corrupted during delivery.

C. Please note that all information submitted with your bid is considered public information and will be available for review by the public upon request.

GI-11 REVISIONS TO THE IFB

In the event it becomes necessary to revise any part of the IFB, or if any additional information is required to enable potential Bidders to interpret the provisions of the IFB, an addendum will be issued by MDTA and posted on eMaryland Marketplace Advantage.

PROSPECTIVE BIDDERS SHOULD REVIEW EMARYLAND MARKETPLACE

ADVANTAGE PERIODICALLY TO DETERMINE WHETHER OR NOT MDTA

HAS ISSUED AN ADDENDUM TO THIS IFB. MDTA is not responsible for notifying Bidders of addendums to the IFB other than by posting addendums on eMaryland Marketplace Advantage.

If an Addenda has revised any of the required Bid documents, make sure that you submit the revised pages in your bid. Pricing submitted shall reflect any and all changes made through an Addenda.

GI-12 CONTRACTORS RESPONSIBILITY

A. This IFB is to be read and construed as a whole.

B. Bidders agree to comply with each and every section, subsection and addendum of this solicitation. Failure to comply will result in the rejection of the Bid. Bidders shall not change or alter any Attachment or alter any other State attachments or the Bid will be rejected.

C. Each Bidder is responsible for fully reading and understanding the terms and conditions of this IFB. Any Bidder finding any discrepancy in or omission from the IFB, or who is in doubt as to the meaning of any provision of this IFB, must direct questions or requests for clarification in writing to the Procurement Officer at the earliest possible time.

D. If the Bid submitted for this contract is $100,000 or more, the Awardee shall furnish both a Payment Bond and also a Performance Bond in the full amount of Contract Award as security for the completion of the Contract, in accordance with the Plans, Specifications and Special Provisions. (Refer to COMAR 21.07.02.10 for a sample of forms.)

E. The Awardee shall begin work as specified in the "Notice to Proceed".

F. Awardee shall guarantee that all work performed under this contract will be done in accordance with the Specifications and Special Provisions and in a good workmanlike manner and to guarantee to renew or repair any work which may be rejected due to defective materials or workmanship prior to final acceptance of the work.

G. Awardee shall do all "Extra Work" required to complete the work contemplated at unit prices or lump sums to be agreed upon in writing prior to starting such extra work. If unit prices or lump sums cannot be agreed upon, Awardee agrees to perform such work on a "Force Account" basis, as provided by the General Provisions.

H. Awardee shall supply such additional information as may be required by the Specifications.

GI-13 BID GUARANTY AND BONDING REQUIREMENTS

A Bid Security totaling five percent (5%) of the bid amount will be required on bids of One Hundred Thousand Dollars ($100,000.00) or more. (Refer to MD Code Ann., State Finance and Procurement, § 13-207 and COMAR 21.06.07.09).

No bid will be considered for any Contract in excess of $100,000 unless accompanied by a guaranty in the amount of not less than five percent (5%) of the amount bid.

A Bidder who elects to furnish a Bid Bond is requested to use the form provided with this IFB. On all Bid Bonds, the amount should be specified in dollars, both in words and in figures, or in percentages.

A Bidder who elects to furnish a blank check as security shall complete the Bid Guaranty Form provided with this IFB.

A. Acceptable security for bid, performance, and payment bonds is limited to:

1. A bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;

2. A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

3. Pledge of securities backed by the full faith and credit of the United States government or bonds issued by the State of Maryland;

4. An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer; or

5. For performance security, on construction contracts, the grant of a mortgage or deed of trust on real property located in the State of Maryland when:

a. The face amount of the instrument does not exceed seventy-five percent (75%) of the contractor’s equity interest in the property, and

b. The assignment of the mortgage or deed of trust is recorded in the county land records pursuant to Real Property Article, § 3-106 Annotated Code of Maryland.

c. The assignment of the mortgage or deed of trust is recorded in the county land records pursuant to Real Property Article, § 3-103, Annotated Code of Maryland.

B. When a bidder elects to use cash as security for bid, performance and payment bonds the acceptance of the cash security shall be acknowledged by a written receipt signed by the head of the General Accounting Division or his designee, and included in the Bidders bid package at the time of bid opening.

C. Surety Bond Assistance Program

Small businesses may qualify for assistance in obtaining bid, performance and payment bonds through the Maryland Small Business Development Financing Authority (MSBDFA) pursuant to MD. CODE ECON. DEV §§5-561 to 5-575. MSBDFA may also guarantee up to 90% of a surety’s losses resulting from a contractor’s breach of bid, performance or payment bond or $2,250,000, whichever is less. Bonds issued directly by the MSBDFA Surety Bond Program (Program) will remain in effect for the term of the contract. Bond guarantees will remain in effect for the term of the bond.

To be eligible for bonding assistance, an applicant must:

To be eligible for bonding assistance, an applicant must:

a) Have its principal place of business in Maryland or be a Maryland resident;

b) Be unable to obtain adequate bonding on reasonable terms through normal channels within 90 days of submitting a bond application to MSBDFA;

c) Employ fewer than 500 full-time employees or have gross sales of less than $50 million annually;

d) Not subcontract more than 75 percent of the work;

e) Have good moral character and a history of financial responsibility;

f) Demonstrate that the contract will have a substantial economic impact; and

g) Never have defaulted on any loan or financial assistance made or guaranteed by

MSBDFA.

Applicants are encouraged to apply for loan assistance under the Program through their respective bonding agents. Questions regarding the bonding assistance program shall be referred to:

Applicants are encouraged to apply for loan assistance under the Program through their respective bonding agents. Questions regarding the bonding assistance program shall be referred to:

Maryland Small Business Development Financing Authority c/o Meridian Management Group, Inc.

826 East Baltimore Street

Baltimore, Maryland 21202 Phone: 410-333-2548 Fax: 410-333-2552

Email: mmgdeal@mmggroup.com

GI-14 ELECTRONIC FUNDS TRANSFER

By submitting a response to this IFB, the Bidder agrees to accept payments by electronic funds transfer unless the MDTA grants an exemption. The selected Bidder shall register using the Maryland Transportation Authority, Vendor Electronic Funds Transfer (EFT) Registration Request Form. Any request for exemption must be submitted to the MDTA’s Office of Finance for approval at the address specified on the EFT Registration Request Form and must include the business identification information as stated on the form and the reason for the exemption.

GI-15 VERIFICATION OF REGISTRATION AND TAX PAYMENT

Before a corporation can do business in the State of Maryland it must be registered with the Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder’s failure to complete registration with the Department of Assessments and Taxation may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

A foreign corporation is any corporation not incorporated under the laws of the State of Maryland. All foreign corporations, prior to performing any services for MDTA, must register with the Maryland State Department of Assessments and Taxation in compliance with Subtitle 2, Title 7 of the Corporations and Associations Article of the Annotated Code of Maryland. Compliance is required of the successful vendor as well as the proposed subcontractors.

Forms can be obtained via the Maryland Department of Assessments and Taxation web site at: www.dat.state.md.us.

GI–16 ARREARAGES

By submitting a response to this Invitation For Bids, a Bidder shall be deemed to represent that is not in arrears in the payment of any obligation due and owing the State of Maryland, mailto:mmgdeal@mmggroup.com http://www.dat.state.md.us/ including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.

GI-17 BID/PROPOSAL AFFIDAVIT

The Bid/Proposal Affidavit must be completely filled out and signed by all the parties as indicated. The Bid/Proposal Affidavit shall be signed by an authorized representative of the Company, if signed by someone other than the President of the Company, a Corporate Resolution must be submitted with the Bid, verifying signatory authority on behalf of the Company.

GI-18 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act Information: http://dllr.maryland.gov/paidleave/.

CONTRACT PROVISIONS Contract No. KB-3022-0000

CONTRACT PROVISIONS

CP-1 MINORITY BUSINESS ENTERPRISE/AFFIRMATIVE ACTION/CONTRACT

COMPLIANCE

A. This Contract is subject to Executive Order 01.01.2007.16, (Code of Fair Practices).

This Contract is subject to the applicable provisions of Title 14, Subtitle 3 of State Finance and Procurement Article COMAR 21.11.03, Minority Business Enterprises Policies; and COMAR 21.11.04, Contractor Affirmative Action Program Manual, MDTA; and the provisions of COMAR 11.01.10 which incorporates by reference the Minority Business Enterprise Program Manual. Copies of the Minority Business Enterprise Program Manual may be requested from the Maryland Department of Transportation (MDOT), Office of Minority Business Enterprise Office, located at 7201 Corporate Center Drive, Hanover, MD 21076 or can be found on the MDOT website at https://www.mdot.maryland.gov/pages/home.aspx. This Contract is also subject to all applicable federal and State laws and regulations pertaining to Minority Business Enterprise and Affirmative Action.

B. An overall MBE subcontract participation goal of seventeen percent (17%) of the total contract dollar amount, including all renewal option terms, if, any, has been established for this procurement.

By submitting a response to this solicitation, the Bidder acknowledges the overall MBE subcontractor participation goal, and commits to achieving the goal by utilizing certified minority business enterprises or requests a full or partial waiver of the goal.

NOTE: New Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

CP–2 MBE FORMS

A. A Bidder shall include with their Bid:

1. A completed MDOT MBE Form A, Certified MBE Utilization and Fair Solicitation Affidavit, whereby the Bidder acknowledges the certified MBE participation goal and subgoals or requests a waiver, commits to make a good faith effort to achieve the goal and affirms that the MBE subcontractors were treated fairly in the solicitation process. Use the form provided via BidX only.

If the bidder fails to accurately complete and submit this affidavit as required, the bid shall be deemed non-responsive. COMAR 21.11.03.09 C (5).

https://www.mdot.maryland.gov/pages/home.aspx

2. A completed MDOT MBE Form B, MBE Participation Schedule, whereby the Bidder responds to the degree of MBE participation as stated in the solicitation, by identifying the specific commitment of certified MBE’s at the time of submission. The Bidder shall specify the percentage of Contract value associated with each MBE subcontractor. Use the form provided via BidX only.

B. Within ten (10) working days from notification that it is the apparent lowest Bidder and apparent awardee, the apparent awardee shall provide the following documentation to the Procurement Officer:

1. A completed MDOT MBE Form C, Outreach Efforts Compliance Statement.

2. A completed MDOT MBE Form D, Subcontractor Project Participation Affidavit.

3. If the apparent awardee has requested a waiver (in whole or part) of the overall

MBE goal or any subgoal as part of the previously submitted MDOT MBE Form A, it shall submit: a completed MDOT MBE Form E, Good Faith Efforts Guidance and Documentation Form; and documentation supporting the waiver request that complies with COMAR 21.11.03.11, within the ten (10) working days with MDOT MBE FORM C, MDOT MBE FORM D and MDOT Form E.

C. If the apparent awardee fails to return the required documentation within the allotted ten (10) days, the Procurement Officer may determine that the apparent awardee is not responsible and therefore not eligible for contract award.

D. If the MBE Forms are not submitted with your bid, your bid shall be rejected from consideration. If the MBE Forms are not completed and accurately submitted, your bid shall be rejected from consideration.

CP–3 MBE LIQUIDATED DAMAGES

The Contract that will result from this solicitation will require the Contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and Contract provisions.

The MDTA and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision and that liquidated damages present a fair, reasonable, and appropriate estimation of damages.

Therefore, upon a determination by the MDTA that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or Contract provisions and without the MDTA being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the MDTA at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the MDTA may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

A. Failure to submit each monthly payment report in full compliance with COMAR

21.11.03.13B (3): $23.00 per day until the monthly report is submitted as required.

B. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $82.00 per MBE subcontractor.

C. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

D. Failure to meet the Contractor’s total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the use of liquidated damages, the MDTA reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.

CP-4 IMPORTANT INFORMATION REGARDING VETERAN-OWNED SMALL

BUSINESS ENTERPRISE (VSBE) BIDDING AND REQUIREMENTS

Veteran-Owned Small Business Enterprises MUST be registered in eMarylandMarketplace Advantage (eMMA) AND verified by the Maryland Department of Veterans Affairs OR Vets First Verification Program (VetBiz) to qualify for Veteran status as a prime or subcontractor. A list of verified firms can be found at https://emma.maryland.gov (not all-inclusive listing).

For more information on Veteran Verification, visit the Maryland Governor’s Office of Small, Minority and Women Business Affairs at https://gomdsmallbiz.maryland.gov/Pages/VSBE- Program.aspx.

NOTE: New Guidelines Regarding VSBE Prime Self-Performance. Please note that when a certified VSBE firm participates as a Prime Contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified VSBE firm performs with its own forces toward fulfilling up to one hundred percent (100%) of the VSBE participation goal.

https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/VSBE-Program.aspx https://gomdsmallbiz.maryland.gov/Pages/VSBE-Program.aspx

PURPOSE

Contractor shall structure its procedures for the performance of work required in this contract to attempt to achieve the VSBE goal stated in the Invitation for Bids. VSBE performance must be in accordance with this Section and as authorized by Code of Maryland Regulations (COMAR)

21.11.14. Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this Section.

VSBE GOALS

A VSBE subcontract participation goal of one percent (1%) of the total contract dollar amount has been established for this procurement. By submitting a response to this solicitation, the Bidder agrees that this percentage of the total dollar amount of the contract will be performed by verified VSBEs.

SOLICITATION AND CONTRACT FORMATION

A Bidder must include with its bid a completed VSBE Utilization Affidavit whereby:

(1) the Bidder acknowledges it a) intends to meet the VSBE participation goal; or b) requests a full or partial waiver. If the Bidder commits to the full VSBE goal or requests a partial waiver, they shall commit to making a good faith effort to achieve the stated goal.

(2) the Bidder responds to the expected degree of VSBE participation as stated in the solicitation, by identifying the specific commitment to VSBEs at the time of submission. The Bidder shall specify the percentage of contract value associated with each VSBE subcontractor identified on the VSBE Participation Schedule.

If a Bidder fails to submit the VSBE Utilization Affidavit with the bid as required, the Procurement Officer may determine that the bid is non-responsive. Use the form provided via BidX only.

Within ten (10) working days from notification that it is the apparent awardee, the awardee must provide the following documentation to the Procurement Officer:

(1) VSBE Participation Schedule;

(2) If the apparent awardee believes a full or partial waiver of the overall VSBE goal is necessary, it must submit a fully documented waiver request that complies with COMAR 21.11.14.07;

and

(3) Any other documentation required by the…