KB-3022-0000 IFB Part C.pdf

2021 VERSION 1.0 DRAFT 4 – December 7, 2021

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSPORTATION AUTHORITY

Baltimore, Maryland

Invitation for Bids

PART C

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/

2021 VERSION 1.0 DRAFT 4 – December 7, 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

PART C

SITE VISIT RESPONSE FORM

CONTRACT AFFIDAVIT

VENDOR ELECTRONIC FUNDS TRANSFER (EFT)

VSBE PARTICIPATION SCHEDULE

DEPARTMENT OF LABOR DIVISION OF LABOR AND INDUSTRY PREVAILING WAGE

SECTION

NOTICE TO VENDORS/CONTRACTORS

APPRENTICESHIP TRAINING FUND

WAGE RATES

CONTRACTOR AFFIRMATIVE ACTION PROGRAM

CONTRACTOR AFFIRMATIVE ACTION PROGRAM – TABLE OF CONTENTS

CONTRACTOR AFFIRMATIVE ACTION PROGRAM

CONTRACTOR AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY PROGRAM . 37

LEGAL MANDATES

ASSIGNMENT OF RESPONSIBILITIES

DISSEMINATION OF POLICY

RECRUITMENT

PERSONNEL ACTIONS

TRAINING AND PROMOTION

UTILIZATION OF UNIONS

UTILIZATION OF SUBCONTRACTORS

RECORDS AND REPORTS

MONITORING

AFFIRMATIVE ACTION REQUIREMENTS UTILIZATION OF MINORITY BUSINESS

ENTERPRISES FOR STRAIGHT STATE CONTRACTS

PART C

SITE VISIT RESPONSE FORM

Contract No.: KB-3022-0000 Contract Title: SHORELINE RESTORATION AT FSK POLICE HEADQUARTERS

A Site Visit will be conducted on the date and time indicated below. It is the responsibility of the vendor to arrange their schedules to attend the scheduled site visit.

Please email this form to Jullian Johns at jjohns@mdta.state.md.us no later than August 25, 2026, 4:00 p.m.

local time. Accommodations will only be made for Contractors submitting this form by the required date and time.

Interested attendees who have submitted this form should meet the MDTA’s personnel on August 26, 2026, immediately following the Pre-Bid Meeting at the Maryland Transportation Authority, Police Headquarters, 4330 Broening Highway, Baltimore, MD 21222. It shall be the responsibility of contractors to provide their own protective gear (i.e. safety vests, hardhats, safety glasses, etc.).

____________I will attend the field meeting (________ No. people attending)

____________I will not attend the field meeting

NAME OF COMPANY

SIGNATURE DATE

Vendor Name: _____________________________________________________

Company: __________________________________________________________

Phone No.: __________________ Email Address: _________________________ mailto:jjohns@mdta.state.md.us

CONTRACT AFFIDAVIT

Contract Number: KB-3022-0000

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 OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation — domestic or foreign;

(2) Limited Liability Company — domestic or foreign;

(3) Partnership — domestic or foreign;

(4) Statutory Trust — domestic or foreign;

(5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID Number:_____________________________Address:_______________________________ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number: ____________________________________________ Address:__________________________________________________.

C. FINANCIAL DISCLOSURE AFFIRMATION

I am aware of, and the above business will comply with, the provisions of State Finance and

Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $200,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated

Code of Maryland, which requires that every person that enters into a procurement contract, with the State, a county a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a government entity in the amount of $200,000 or more shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and

(b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded;

and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business's policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated _________, 20__ and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date: ______________

By: __________________________ (printed name of Authorized Representative and Affiant)

_ _________________________ (signature of Authorized Representative and Affiant)

Vendor Electronic Funds Transfer (EFT) Registration Request Form

Please submit this form to:

Attn: Finance Division 2310 Broening Hwy.

Baltimore, MD 21224

Company name and address

Company Name Tax ID:

Address 1

Address 2

Do you want to receive your payments electronically?

Yes

No

City State ZIP

Financial institution information:

Please enter the information below or attach a voided check

Please retain a copy of this form for your records.

Bank Name

Bank Address

Allow 30 days for us to process your request. Be sure to notify us of any changes to your banking information

City State ZIP

ABA Number

Account No.

Checking

Money Market

Savings

I am authorized by this company to make the representations contained in this document. This company authorizes the Maryland Transportation Authority to register it for electronic funds transfer (EFT) using the information contained in and attached to this registration form. This company agrees to receive all funds from the Maryland Transportation Authority by electronic funds transfer according to the terms of the EFT program. This company agrees to return to the Maryland Transportation Authority any EFT payment incorrectly disbursed by the Maryland Transportation Authority to this company's account. This company agrees to hold harmless the State of Maryland and its agencies and departments for any delays or errors caused by inaccurate or outdated registration information or by the financial institution listed above. Initiate all disbursements via EFT to the above account.

Signature of individual, company treasurer, controller, or chief financial officer

Date

Remittance advice email addresses:

Printed Name 1

Telephone Number 2

MdTA Dept of Finance 6/4/2008

VSBE PARTICIPATION SCHEDULE

STATE OF MARYLAND

DEPARTMENT OF LABOR DIVISION OF LABOR AND INDUSTRY PREVAILING

WAGE SECTION

1100 N. Eutaw Street, Room 607 Baltimore, MD 21201 (410) 767-2342

PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR & SUBCONTRACTOR

The Contractor shall electronically submit completed copies of certified payroll records to the Commissioner of Labor & Industry, Prevailing Wage Unit by going on-line to www.dllr.state.md.us/prevwage and following the instructions for submitting payroll information (NOTE: A contractor must register prior to submitting on –line certified payroll information).

If you have technical questions regarding electronic submittal, contact the Department at prevailingwage@dllr.state.md.us.

All certified payroll records shall have an accurate week beginning and ending date. The Contractor shall be responsible for certifying and submitting to the Commissioner of Labor and Industry, Prevailing Wage Unit all of their subcontractors' payroll records covering work performed directly at the work site. By certifying the payroll records, the Contractor is attesting to the fact that the wage rates contained in the payroll records are not less than those established by the Commissioner as set forth in the Contract, the classification set forth for each worker or apprentice conforms with the work performed, and the Contractor or subcontractor has complied with the provisions of the law.

A Contractor or subcontractor may make deductions that are (1) required by law; (2) required by a collective bargaining agreement between a bona fide labor organization and the Contractor or subcontractor; or (3) contained in a written agreement between an employee and an employer undertaken at the beginning of employment, if the agreement is submitted by the employer to the public body awarding the public work and is approved by the public body as fair and reasonable.

A Contractor or subcontractor is required to submit information on -line on their fringe benefit packages including list of fringe benefits for each craft employed by the Contractor or subcontractor, by benefit and hourly amount Where fringe benefits are paid in cash to the employee or to an approved plan, fund, or program, the contribution is required to be indicated.

Payroll records must be electronically submitted and received within 14 calendar days after the end of each payroll period. If the Contractor is delinquent in submitting payroll records, processing of partial payment estimates may be held in abeyance pending receipt of the records. In addition, if the Contractor is delinquent in submitting the payroll records, the Contractor shall be liable to the contracting public body for liquidated damages. The liquidated damages are $10.00 for each calendar day the records are late.

Only apprentices registered with the Maryland Apprenticeship and Training Council shall be employed on prevailing wage projects. Apprentices shall be paid a percentage of the determined journey person's wage for the specific craft.

http://www.dllr.state.md.us/prevwage mailto:prevailingwage@dllr.state.md.us.

PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR & SUBCONTRACTOR [con’t]

Overtime rates shall be paid by the Contractor and any subcontractors under its contracts and agreements with their employees which in no event shall be less than time and one-half the prevailing hourly rate of wages for all hours worked in excess of ten (10) hours in any one calendar day; in excess of forty (40) hours per workweek;

and work performed on Sundays and legal holidays.

Contractors and subcontractors employing a classification of worker for which a wage rate was not issued SHALL notify the Commissioner of Labor & Industry, Prevailing Wage Unit, for the purpose of obtaining the wage rate for said classification PRIOR TO BEING EMPLOYED on the project. To obtain a prevailing wage rate which was NOT listed on the Wage Determination, a Contractor or subcontractor can look on the DOL webpage under prevailing wage.

Contractors and subcontractors shall maintain a valid copy of proper State and county licenses that permit the Contractor and a subcontractor to perform construction work in the State of Maryland. These licenses must be retained at the worksite and available for review upon request by the Commissioner of Labor and Industry’s designee.

Under the Maryland Apprenticeship and Training Council requirements, consistent with proper supervision, training and continuity of employment and applicable provisions in collective bargaining agreements, a ratio of one journey person regularly employed to one apprentice shall be allowed. No deviation from this ratio shall be permitted without prior written approval from the Maryland Apprenticeship and Training Council.

Laborers may NOT assist mechanics in the performance of the mechanic's work, NOR USE TOOLS peculiar to established trades.

ALL Contractors and subcontractors shall employ only competent workers and apprentices and may NOT employ any individual classified as a HELPER or TRAINEE on a prevailing wage project.

In 2009, the State Apprenticeship and Training Fund law was enacted, and the Department is in the process of implementation. See §17-601-17-606, State Finance and Procurement Article, Annotated Code of Maryland.

There is no obligation to make contributions under this law at this time. However, the Department anticipates that obligations under this law will be required beginning in the spring of 2013. You will receive notice prior to when the obligations will become due.

Once implemented, this law will require that Contractors and certain subcontractors performing work on certain public work contracts are required to make contributions toward apprenticeship. Contractors and subcontractors will have three options where they can choose to make their contributions: ( 1) participate in a registered apprenticeship training program; (2) contribute to an organization that has a registered apprenticeship training program; or (3) contribute to the State Apprenticeship and Training Fund.

For additional information, contact:

Division of Labor and Industry

Maryland Apprenticeship and Training 1100 North Eutaw Street, Room 606

Baltimore, Maryland 21201 (410) 767-2246 E-Mail Address: matp@dllr.state.md.us

ATTENTION IMPORTANT CHANGE TO

CERTIFIED PAYROLL RECORD SUBMITTAL

Effective November 26, 2012, the Division of Labor and Industry, Prevailing

Wage Unit is requiring that all certified payroll records be submitted electronically.

The regulation addressing this change can be found at COMAR 21.11.11.02. Please note that paper copies of certified payroll records will no longer be accepted.

For more information, go online to www.dllr.state.md.us/prevwage and follow the instructions for registering and start submitting certified payroll records.

In addition, enclosed are step by step instructions how to register and how to submit. If you have further questions, please contact Mr. James Tudor, Director of Maryland Apprenticeship and Training, Administrator of Prevailing Wage Unit, at 410.767.2394 or via email at james.tudor@maryland.gov or Mrs. Katrina Williams, Prevailing Wage Unit, at 410.767.2365 or via email at kawilliams@dllr.state.md.us..

PHONE: 410.767.2342 FAX: 410.333.7303 www.dllr.maryland.gov/labor/prev.html

LARRY HOGAN, GOVERNOR . BOYD K. RUTHERFORD, LT. GOVERNOR . TIFFANY ROBINSON, SECRETARY

PREVAILING WAGE SERVICE

1100 N. EUTAW STREET, ROOM 607

BALTIMORE, MD 21201

E-mail: prevailingwage@dllr.state.md.us http://www.dllr.state.md.us/prevwage mailto:james.tudor@maryland.gov mailto:kawilliams@dllr.state.md.us http://www.dllr.maryland.gov/labor/prev.htm

Instructions for Registering and Submitting Certified Payroll Records

I. REGISTRATION

NOTE: YOU MUST HAVE YOUR FEIN OR EIN, EMAIL ADDRESS AND COMPANY

INFORMATION BEFORE YOU START THE REGISTRATION PROCESS

Follow these steps to register:

Go to: www.dllr.state.md.us/PrevWage/PWRequestRates.aspx Click on Register Choose the correct link for registration, either Contractor Registration or Subcontractor Registration Insert FEIN or EIN. (No symbols or dashes) Click Submit Fill in all required boxes and create your own username Click Submit **Successful REGISTRATION will be indicated in GREEN at the top of the screen.

To set your password:

Locate temporary password in the email account given during registration Highlight and copy the password Return to the Prevailing Wage Homepage Click Log-In Insert Username Paste password Click on Log-in ***NOTE: If you forget your password, click on the link: “I forgot my password” and you will be emailed another temporary password. (Repeat above steps) The Homepage will now have additional links in the menu column Click Personnel Click My Details Change your password Re-enter new password Click Update **Successful submission will be indicated in GREEN at the top of the screen

II. SUBMITTAL OF CERTIFIED PAYROLL RECORDS

Once you have successfully registered, you can proceed with the submittal of payroll records electronically by following these steps:

1. Sign-In Log In with Username and Password Select certified payroll Click: Manual Payroll Submit (FEIN already entered) Select Type Choose Certified Payroll Entry or Amended Payroll Entry if a change to a previous submittal Enter Determination Number Click Submit Enter Payroll Week Start Date and Week Ending Date (mm/dd/yyyy format) Click Submit Choose Yes if there is a payroll to submit for the week Click Log Payroll Session http://www.dllr.state.md.us/PrevWage/PWRequestRates.aspx

2. Enter Worker Data Enter employee’s full social security number (No dashes or spaces) Enter employee’s complete name and address Choose Yes if the employee is an apprentice or Foreman/Superintendent Click on classification drop box Choose the correct classification for the employee Click submit

3. Enter Payroll Hours on Prevailing Wage Work Sites Only

Enter all straight time (ST) and overtime (OT) hours worked.

Enter Hourly Fringes Enter Gross Pay Click Submit ***NOTE: If the employer does not have a bona fide benefit package for employees, the fringe amount MUST be added to the wages and ENTER in column for Cash in Lieu of Fringe Benefit

4. Enter Deductions Enter all deductions for employee Enter Net Pay Choose 1099 if the employee does not have deductions.

Click Submit

5. Enter Fringe Benefits Enter all fringe benefits for the employee

6. Prepare to Submit

Choose Back to Edit this Payroll Record if there are corrections to be made to the completed payroll record.

Choose Add Next Payroll Record if there are other employees to enter FINALLY, choose Submit Payroll Data if you have completed payroll session.

NOTE: This is a reporting system for compliance with the State’s prevailing wage law. IT IS

NOT AN ACCOUNTING SYSTEM, IT IS A REPORTING SYSTEM.

STATE OF MARYLAND

NOTICE TO VENDORS/CONTRACTORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your proposals. If you have chosen not to bid on this contract, please email this completed form to jjohns@mdta.state.md.us.

Project No. KB-3022-0000

Project Title: SHORELINE RESTORATION AT FSK POLICE

1. If you have responded with a "no bid", please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with Maryland Government is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the bid is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE requirements. (Explain in REMARKS section.)

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:___________________________________________________________

2. If you have submitted a bid, but wish to offer suggestions or express concerns, please use the Remarks section below. (Use reverse or attach additional pages as needed.)

REMARKS: ________________________________________________________________________

Contractors Name: ___________________________________ Date: ________________

Contact Person: _____________________________________ Phone: (____) _____ - ______

Address:_____________________________________________________________________

CONTRACT PROVISIONS

APPRENTICESHIP TRAINING FUND

Effective July 1, 2013 State Law requires all contractors and subcontractors working on State prevailing wage projects with prevailing wage determinations to register (Apprenticeship Training Fund Site) with the Division of Labor and Industry Prevailing Wage Unit prior to the commencement of work and to make certain contributions toward improving and expanding apprenticeship programs in the State. In addition, registered apprenticeship programs and organizations that have registered apprenticeship programs that have been selected by contractors and subcontractors for contributions also are required to register with the Division of Labor and Industry Prevailing Wage Unit.

The State Apprenticeship Training Fund requires contractors and some subcontractors on public work contracts to make contributions to: (1) a registered apprenticeship program, (2) an organization that operates registered programs, or (3) the State Apprenticeship Training Fund.

The following information concerning the requirements of the apprenticeship training fund program are being provided for informational purposes only. It is the contractor’s responsibility to contact the Maryland Department of Labor (DOL), prior to commencement of any work, to determine how these provisions are being implemented and enforced by DOL.

Definitions. The following terms have the meanings indicated.

(a) Terms Defined.

(1) “Approved apprenticeship program” means an apprenticeship program or an organization with an apprenticeship program which has been registered with, and approved by, the Maryland Apprenticeship and Training Council or the United States Department of Labor.

(2) “Commissioner” means the Commissioner of Labor and Industry.

(3) “Covered craft” means a classification of workers listed in the prevailing wage determination applicable to a prevailing wage project.

(4) “Fund” means the State Apprenticeship Training Fund.

Hourly Contribution Rate.

(a) If a contractor participates in an apprenticeship training program for each covered craft, the contractor satisfies their obligation under State Finance and Procurement Article, §17-603(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour.

05-07-13

(b) If a subcontractor participates in an apprenticeship training program for each covered craft, the subcontractor satisfies their obligation under State Finance and Procurement Article, §17- 604(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour.

(c) Contractors and subcontractors that do not participate in an apprenticeship training program shall pay at least 25 cents per person per hour for each employee in each covered craft on the prevailing wage project to a registered apprenticeship program, an organization that has a registered apprenticeship program, or the Fund.

(d) Contractors and subcontractors who make contributions to the Fund shall do so on a monthly basis.

(e) Contractors and subcontractors who make contributions to a registered apprenticeship program or an organization that has a registered apprenticeship program shall make contributions on a monthly basis or consistent with a collective bargaining agreement or other contractual arrangement.

(f) If there is a prevailing wage determination that includes a fringe benefit contribution for apprenticeship that exceeds 25 cents per hour, a contractor or subcontractor that makes contributions to the Fund shall pay to the employee wages in the amount that the fringe benefit contribution for apprenticeship exceeds 25 cents per hour.

Contractor and Subcontractor Registration.

(a) Contractors performing work on a prevailing wage project shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) Subcontractors who are performing work valued at $100,000 or more on a prevailing wage project shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(c) Prior to the commencement of work, a registered contractor or registered subcontractor shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including:

(1) The prevailing wage project number;

https://www.dllr.state.md.us/prevwage

(2) Contract value;

(3) Identification of subcontractors to perform work on the project and subcontract value amount;

(4) Designation of the program or Fund where the contractor or subcontractor will make contributions; and

(5) Any other information that the Commissioner requires.

Contractor and Subcontractor Notification to Subcontractors.

(a) Contractors and subcontractors who hire subcontractors performing work valued at $100,000 or more on a public work contract subject to the Maryland Prevailing Wage Law shall provide the subcontractors with written notice of the following requirements:

(1) Subcontractors shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage;

(2) Prior to the commencement of work, a subcontractor shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including:

(a) The prevailing wage project number;

(b) Contract value;

(c) Identification of all subcontractors to perform work on the project and subcontract value amount;

(d) Designation of the program or Fund where the subcontractor will make contributions;

and

(e) Any other information that the Commissioner requires; and

(f) Subcontractors performing work on a prevailing wage project valued at $100,000 or more are required to make payments to approved apprenticeship programs or to the Fund for each employee employed in classifications listed on the prevailing wage determination.

(b) Contractors and subcontractors shall retain a copy of the written notice required in §A of this regulation that was provided to covered subcontractors for inspection and review by the Commissioner for 3 years after the completion of their work on a public work project.

Contractor and Subcontractor Obligations Related to Contributions.

Contractors and subcontractors are required to:

(a) Indicate on their prevailing wage payroll record their contributions under State Finance and

Procurement Article, §17-603 or 17-604, Annotated Code of Maryland; and

(b) Certify that the contributions were received by an approved apprenticeship program or the

Fund.

Notification to Division of Labor and Industry of Changes to Designated Approved Apprenticeship Programs or Fund.

(a) Contractors and subcontractors shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and indicate each approved apprenticeship program or the Fund to which it will make contributions.

(b) If a contractor or subcontractor intends to change a designation, it shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage to indicate the change in designation 30 days prior to that change.

Approved Apprenticeship Program Obligations.

(a) Upon notice from the Division of Labor and Industry that the approved apprenticeship program has been designated for contributions by a contractor or subcontractor, an approved apprenticeship program shall register on the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) An approved apprenticeship program shall complete the requested information on contributions received from contractors and subcontractors for each covered craft for each prevailing wage project at the Division of Labor and Industry’s website at http://www.dllr.state.md.us/prevwage on or before the last day of the month immediately following each calendar quarter.

(c) Certify that all funds received are used solely for the purpose of improving or expanding apprenticeship training in the State.

05-07-13 https://www.dllr.state.md.us/prevwage

Audit of an Approved Apprenticeship Program. The Commissioner may require an independent audit by a certified public accountant of an approved apprenticeship program to verify that contributions received are used consistent with this subtitle.

Enforcement Procedures.

(a) The Commissioner may investigate whether State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, has been violated:

(1) On the Commissioner’s own initiative;

(2) On receipt of a written complaint; or

(3) On referral from another State agency.

(b) The Commissioner may require a contractor, subcontractor, or an approved apprenticeship program to produce records as part of its investigation.

(c) The Commissioner may enter a place of business to:

(1) Interview individuals; or

(2) Review and copy records.

(d) If after an investigation, the Commissioner determines that there is a violation of State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, or a regulation adopted to carry out the title, the Commissioner shall issue an administrative charge that shall:

(1) Describe in detail the nature of the alleged violation;

(2) Cite the provision of law or regulation that is alleged to have been violated; and

(3) State the penalty, if any.

(e) Within a reasonable amount of time after the issuance of the administrative charge, the Commissioner shall send a copy of the administrative charge to the alleged violator by certified mail with notice of the opportunity to request a hearing.

(f) Within 15 days after the alleged violator receives the administrative charge, the employer may submit a written request for a hearing on the administrative charge and proposed penalty.

(g) If a hearing is not requested within 15 days, the administrative charge, including any penalties, shall become a final order of the Commissioner.

(h) If there is a request for a hearing, the Commissioner may delegate the hearing to the Office of Administrative Hearings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(i) A proposed decision of an administrative law judge shall become a final order of the Commissioner unless, within 15 days of the issuance of the proposed decision:

(1) The Commissioner orders review of the proposed decision; or

(2) The alleged violator submits to the Commissioner a written request for review of the proposed decision.

(j) After review of the proposed decision under §I of this regulation, with or without a hearing on the record, the Commissioner shall issue an order that affirms, modifies, or vacates the proposed decision.

WAGE RATES

Minimum Wage Rates for "Class A" or "Class B" Projects

For contracts with a low bid amount of less than $500,000, the Contractor shall pay at least the minimum wage to all labor in accordance with Sections 3-413, 3-415 and 3-420 of the Labor and Employment Article of the Annotated Code of Maryland. The Contractor's attention is also directed to the provision of the Federal Fair Labor Standards Act (29 U.S.C. 201-219) and the Fair Minimum Wage Act of 2007 (Pub L. 110-28).

Prevailing Wage Rates for "Class B" through "Class L” Projects

For contracts with a low bid amount of $500,000 or more, the contract will be subject to the attached "Wage Rate Schedule," in accordance with Annotated Code of Maryland, State Finance and Procurement Article, Sections 17-201 to 17-216.

A review has been made of the wage conditions in the locality and, based on the information available, the wage rates and fringe payments listed are determined by the Commissioner of the Department of Labor and Industry to be prevailing for the contract for the described classes of labor in accordance with the law. It shall be the responsibility of the Contractor to comply fully with the law and to contact the Office of the Commissioner for interpretation of the provisions of the law.

CONTRACTOR AFFIRMATIVE ACTION PROGRAM

CONTRACTOR AFFIRMATIVE ACTION PROGRAM – TABLE OF CONTENTS

Contractor Affirmative Action Program

Page Contractor Affirmative Action Program General Information.........................................................…….……………………..4

Contractor Affirmative Action Program Applicability.....................................................................…………………………..4

Section I

Contractor Affirmative Action/Equal Employment Opportunity Program..........................................................…………………………5

Contractor Affirmative Action/Equal Employment Opportunity Program - Definitions.........................................………………………6

Contractor Affirmative Action/Equal Employment Opportunity Program - Legal Mandates...................................……………………...7

Contractor Affirmative Action/Equal Employment Opportunity Program - Assignment of Responsibilities

Contractor Affirmative Action/Equal Employment Opportunity Program - Dissemination of Policy.........................……………………10

Contractor Affirmative Action/Equal Employment Opportunity Program - Recruitment........................................………………………11

Contractor Affirmative Action/Equal Employment Opportunity Program - Personnel Actions................................……………………..12

Contractor Affirmative Action/Equal Employment Opportunity Program - Training and Promotion.........................……………………13

Contractor Affirmative Action/Equal Employment Opportunity Program - Utilization of Unions.............................……………………14

Contractor Affirmative Action/Equal Employment Opportunity Program - Utilization of Subcontractors

Opportunity Program - Records and Reports.............................……………………...16

Opportunity Monitoring.....................................................……………………………17

I. General

A. The Contractor shall cooperate with the Maryland Department of Transportation in carrying out its equal opportunity obligations and in the Department's review of the Contractor's activities performed under this contractual agreement.

B. All Contractors shall comply with the Governor's Code of Fair Employment

Practices, Promulgated July, 1976. (Exec. Order No. 01.01.2007.16, COMAR 01.01.2007.16) The Contractor shall include these requirements in every subcontract with such modifications of language as is necessary to make these provisions binding on the subcontractor.

C. All Contractors shall comply with Maryland Department of Transportation Minority

Business Enterprise Program requirements.

II. Applicability

A. The Maryland Department of Transportation Contractor Affirmative Action/Equal Employment Opportunity Program requirements are applicable to all Contractors doing business with the Maryland Transportation Authority.

CONTRACTOR AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

PROGRAM

DEFINITIONS

Affirmative Actions - The efforts exerted toward achieving equal employment opportunity through positive, aggressive and continuous result - oriented measures to correct past and present discriminating practices and their effects on the conditions and privileges of employment.

Contractor/Subcontractor - The individual, partnership, firm or corporation undertaking the execution of work under the terms of a contract and acting directly or through its agents or employees.

Corrective Action - A Contractor's written and signed commitment outlining specific actions to be taken with time limits, goals, etc., to correct a violation of applicable EEO regulations.

Discrimination - A distinction in treatment, whether intentional or unintentional, based on: political or religious opinion or affiliation; age; race; color; religion; creed; marital status; national origin;

sex; ancestry; sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability;

except where sex, disability or age involves a bona fide job requirement.

Equal Employment Opportunity Officer - A designated employee of the Contractor whose responsibility it shall be to implement and maintain the Affirmative Action Plan.

Good Faith Effort - A results-oriented positive action designed to achieve Affirmative Action objectives or goals.

Personnel Actions - All decisions respecting employment including, but not limited to hiring, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training to include apprenticeship, pre-apprenticeship or on-the-job training.

LEGAL MANDATES

A. Title VI, Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibits discrimination based on race, color, or national origin in all programs and activities which receive Federal financial assistance. Employment discrimination is prohibited if a primary purpose of Federal assistance is a provision of employment, e.g., apprenticeship, training, work study, or similar programs.

Revised guidelines in 1973 prohibit discriminatory employment practices in all programs if such practices cause discrimination in services provided to beneficiaries of the program.

B. Title VII, Civil Rights Act of 1964 (as amended) (42 U.S.C. § 2000e et seq.). Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

C. Executive Order 11246 (as amended). This order, issued by the President on September 24, 1965, requires Equal Employment Opportunity/Affirmative Action Program by all Federal Contractors and subcontractors; it is administered and enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”). It also requires that firms with contracts over $50,000.00 and 50 or more employees develop and implement written programs, which are to be monitored by the OFCCP. Specific requirements for such result-oriented programs are identified in the Revised Order #4 (41 C.F.R. pt. 60-2) issued by the OFCCP. These requirements include identifying areas of minority and female under-utilization, numerical promotional and hiring goals, and other actions to increase minority employment in classifications where they are currently under-utilized.

D. The Age Discrimination in Employment Act of 1967 (as amended) (29 U.S.C. §§ 621-34 ) prohibits employers of 20 or more persons from discriminating against persons who are at least 40 years of age in any area of employment based on their age.

E. National Labor Relations Act of 1935. It shall be unlawful for employers to participate with unions in the commission of any discriminatory practices under this Act, or to practice discrimination in a manner which gives rise to racial or other division amongst employees to the detriment of organized union activity. It shall be unlawful for unions to exclude individuals discriminatorily from union memberships, thereby causing them to lose job opportunities, to discriminate in the representation of union members or non-members in collective bargaining, in the processing or grievance, or in any other respect which may cause or attempt to cause employers to enter into discriminatory agreements, or otherwise discriminate against members and non-members.

F. Governor's Code of Fair Employment Practices For The State Of Maryland (amended) (Exec.

Order No. 01.01.2007.16, COMAR 01.01.2007.16). This amended executive order provides an Equal Employment Opportunity Program in Maryland State Government allowing for personnel matters to be taken on the basis of merit and fitness and without regard to age; ancestry; color;

creed; gender identity and expression; genetic information; marital status; mental or physical disability; national origin; race; religious affiliation, belief or opinion; sex; or sexual orientation.

This code was amended so as to be in compliance with Federal mandates regulating laws pertinent to Equal Employment Opportunity/Affirmative Action.

G. Rehabilitation Act of 1973 (Pub. L. 93-112) (as amended) (29 U.S.C. § 701 et seq.). This law provides a statutory basis for the Rehabilitation Services Administration and to authorize programs to promote and expand employment opportunities in the public and private sectors for handicapped individuals.

H. Section 13-219 of the State Finance and Procurement Article of the Annotated Code of Maryland.

This law provides for non-discrimination in State construction contracts and sub-contracts. This provision obligates the Contractor not to discriminate in any manner against any employee or applicant for employment because of sex, race, age, color, creed, or national origin and obligates subcontractors to the same.

I. Other Laws. Employment discrimination has also been ruled by courts to be prohibited by the

Civil Rights Acts of 1866 and 1870, the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States, and the Equal Pay Act of 1963 (29 U.S.C. 206(d)). Action under these laws on behalf of individuals or groups may be taken by individuals, private organizations, trade unions or other groups.

ASSIGNMENT OF RESPONSIBILITIES

The Contractor will designate an Equal Employment Opportunity Officer. He/she will have the responsibility of implementing the Contractors Affirmative Action Plan. He/she will coordinate, advice and assist management and other key officials. He/she will render periodic reports to the responsible executives relative to the state of progress and make appropriate recommendations along these lines to the executives of this project.

The name of the EEO Officer, telephone number and address where he/she can be reached concerning any acts or alleged acts of discrimination, will be posted on the bulletin board at the home office as well as on the bulletin boards at all job-sites.

DISSEMINATION OF POLICY

The Contractor will take appropriate steps to ensure that all employees are advised of its policy of non-discrimination and of its interest in actively and affirmatively providing equal employment opportunity for all citizens. The steps include:

1. Meetings of supervisory and personnel office employees are to be conducted at least every six (6) months so that the Contractor's EEO policy and plan may be revised and explained.

2. All new supervisory and personnel office employees are to be made aware of the

Contractor's EEO policy and plan as soon as practicable, but certainly within thirty

(30) days following the date of first reporting for duty.

3. The Contractor will make its EEO policy known to all employees, prospective employees, and potential sources of employees, through schools, employment agencies, labor unions, college placement officers, etc., by taking the following actions:

a. Notice and posters setting forth the Contractor's EEO policy will be placed in areas readily accessible to employees and applicants for employment.

b. The Contractor's EEO policy and the procedures for implementing the EEO policy will be brought to the attention of employees through meetings, employee handbooks, or other appropriate means.

RECRUITMENT

a The Contractor will include in all advertising the following notation: “An Equal Opportunity Employer”. The Contractor will insert such advertisement in newspapers or other publications having large circulation among minorities and females in the area from which the project work is derived.

b The Contractor will, unless precluded by a valid collective bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority and female applicants, including, but not limited to, State Employment agencies, school, college and minority/female organizations, i.e., The Urban League, NAACP, etc.