Revised IFB T-1926-0150_12.14.21.pdf

STATE OF MARYLAND

REPAIR OR REPLACEMENT OF SEVEN GRADE CROSSINGS

ON THE CENTREVILLE AND CHESTERTOWN FREIGHT

LINES

INVITATION FOR BIDS (IFB)

IFB NUMBER T-1926-0150

ISSUE DATE: OCTOBER 13, 2021

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINSTRATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Construction- REPAIR OR REPLACEMENT OF SEVEN

GRADE CROSSINGS ON THE CENTREVILLE AND

CHESTERTOWN FREIGHT

Solicitation Number: T-1926-0150

IFB Issue Date: October 13, 2021

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration ( MDOT MTA)

Procurement Officer: Darica Lawson

MDOT MTA

6 St. Paul St., 7th Floor Baltimore, Maryland e-mail:

Office Phone:

dlawson@mdot.maryland.gov 410-767-3763

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: Thursday, October 21, 2021 at 10:00 AM via Microsoft Teams. Please email Procurement Officer for invitation

Questions Due Date and Time Monday, November 1, 2021 at 12pm

Bid Due (Closing) Date and Time:

Monday, December 20, 2021 at 12:00 pm Local Time (EST)

Public Bid Opening Date, Time and Location see eMMA for bid tabulation (results should be available no later than 12:30pm on 12/20)

MBE Subcontracting Goal: 19.9%

Contract Type : Fixed Price

Contract Duration: 6 months

Classification Cost Group: “C” $500,000.00 -$1,000,000.00

Place of Performance: Queen Anne 's County and Kent County mailto:dlawson@mdot.maryland.gov

T-1926-0150 TOC 1 of 3

REPAIR OR REPLACEMENT OF SEVEN GRADE CROSSINGS

ON THE CENTREVILLE AND CHESTERTOWN

FREIGHT LINES

CONTRACT NO. T-1926-0150

CONTRACT SPECIFICATIONS BOOK

TABLE OF CONTENTS

DESCRIPTION PAGE NO.

TABLE OF CONTENTS ....................................................................................... TOC 1-3

NOTICE TO CONTRACTORS. ............................................................................NTC 1–9

NO BID NOTICE ..................................................................................................... NBN 1

BID FORM INCLUDING UNIT PRICE SCHEDULE ......................................... BF 1–6

CONTRACTOR QUESTIONNAIRE ..................................................................... CQ 1–5

SUBCONTRACTOR UTILIZATION INFORMATION FORM .......................... SUI 1–2

PAYMENT TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER ... EFT 1–3

BID/PROPOSAL AFFIDAVIT ............................................................................. BPA 1–6

BID BOND FORM .................................................................................................. BB 1–2

BUY AMERICA CERTIFICATE ............................................................................ BAC 1

CONTRACT AGREEMENT ................................................................................CAG 1–2

CONTRACT AFFIDAVIT ....................................................................................... CA 1-4

SURETY BOND ASSISTANCE PROGRAM ........................................................SBAP 1

PAYMENT BOND ................................................................................................... PA 1–3

PERFORMANCE BOND ......................................................................................... PE 1–3

BID PROTEST ............................................................................................................. BP 1

CONTRACTOR SAFETY AND HEALTH PLAN GUIDE......... ........CPSHG I-IV, 1–33

INVESTMENTS IN IRAN ..................................... ........................................ ....IRAN 1–2

CONFLICT OF INTREST ........................................ ............................................... ...CI 1

MERCURY AFFIDAVIT............. ............................ ............................................... MA 1

T-1926-0150 TOC 2 of 3

GENERAL PROVISIONS FOR CONSTRUCTION CONTRACTS

(MARYLAND DOT) & ADDENDA TO GP........................................ GP1–68, ADGP 1-5

SUPPLEMENTAL GENERAL PROVISIONS FOR CONSTRUCTION

CONTRACTS (MTA) & ADDENDA TO SGP...................................... SGP 1–57,ADSGP 1

SPECIAL PROVISIONS

01 11 00 SUMMARY OF WORK................................................................................. SP-1

01 13 00 CONTRACT TERMS AND CONDITIONS.................................................. SP-8

01 15 00 CONSTRUCTION PROCEDURES ............................................................. SP-13

01 18 13 INTERFACE REQUIREMENTS ................................................................. SP-21

01 21 00 MISCELLANEOUS WORK ALLOWANCE .............................................. SP-26

01 31 15 COORDINATION AND MEETINGS ......................................................... SP-28

01 33 00 SUBMITTALS ............................................................................................. SP-31

01 43 00 QUALITY ASSURANCE QUALITY CONTROL ..................................... SP-43

01 50 00 TEMPORARY FACILITIES AND CONTROLS ....................................... SP-59

01 52 13.04 ENGINEER’S OFFICE 4 ........................................................................ SP-64

01 55 26 MAINTENANCE OF TRAFFIC .................................................................. SP-65

01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL ......................... SP-75

01 61 00 PRODUCTS .................................................................................................. SP-78

01 78 00 CLOSE OUT ................................................................................................. SP-80

02 24 00 ENVIRONMENTAL ASSESSMENT ......................................................... SP-84

02 41 13.01 SELECTIVE SITE DEMOLITION – GRADE CROSSINGS .............. SP-104

03 80 00 SAW CUTTING ......................................................................................... SP-111

10 14 53 TRAFFIC SIGNAGE.................................................................................. SP-113

31 05 19.14 GEOTEXTILES FOR TRACK WORK ................................................ SP-117

31 23 00 EXCAVATION AND FILL ....................................................................... SP-122

OWNER CONTROLLED INSURANCE PROGRAMS .........................................OCIP 1-36

T-1926-0150 TOC 3 of 3

32 01 16.71 COLD MILLING ASPHALT PAVING ................................................ SP-133

32 11 23 AGGREGATE BASE COURSES .............................................................. SP-135

32 12 16.13 PLANT MIX ASPHALT PAVING ....................................................... SP-138

32 12 16.15 ASPHALT GRADE CROSSING .......................................................... SP-146

32 17 23 PAVEMENT MARKINGS ........................................................................ SP-151

34 05 17 COMMON WORK RESULTS FOR TRACKWORK ............................... SP-153

34 11 13 TRACK RAIL ............................................................................................. SP-163

34 11 16 RAIL WELDING ........................................................................................ SP-167

34 11 19 TRACK RAIL JOINTS .............................................................................. SP-178

34 11 26 BALLASTED TRACK RAIL .................................................................... SP-184

34 11 26.13 TRACK RAIL BALLAST ..................................................................... SP-192

34 11 33.15 COMPOSITE TIES ............................................................................... SP-198

34 11 33.17 TIMBER TIES ....................................................................................... SP-205

34 11 93 TRACK APPURTENANCES AND ACCESSORIES ............................... SP-213

APPENDICES

APPENDIX A - LIST OF CONTRACT DRAWINGS ................................................. A-1

APPENDIX B – SPECIAL DETAILS - NOT USED ....................................................B-1

APPENDIX C - FEDERAL MINIMUM WAGE RATES ..............................................C-1

APPENDIX D - BUY AMERICA REQUIREMENTS .................................................. D-1

APPENDIX E - PERMITS/WAIVERS .......................................................................... E-1

APPENDIX F - CONTRACT DATA REQUIREMENT LIST (CDRL) ........................ F-1

APPENDIX G – SOIL BORINGS – NOT USED ......................................................... G-1

APPENDIX H – STANDARD OPERATING PROCEDURES – NOT USED ............ H-1

APPENDIX I– MDOT MBE REQUIRED FORMS ...................................................... I-1

APPENDIX J – PREVAILING WAGE..................................................................... . J-1

Contract No. T-1926-0150 NTC 1 of 9

STATE OF MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

NOTICE TO CONTRACTORS

REPAIR OR REPLACEMENT OF SEVEN GRADE CROSSINGS ON THE

CENTREVILLE AND CHESTERTOWN FREIGHT

CONTRACT NO.: T-1926-0150 DATE: October 13, 2021

1. DESCRIPTION OF WORK

A This Contract is for the construction of repairs to, and replacement of six (6) highway-railroad at-grade crossings on the MDOT MTA Centreville Freight Line, and one (1) crossing on the Chestertown Freight Line.

The work involves:

1. Installation and maintenance of traffic control measures on roadways in accordance with Section 01 55 26 - Maintenance of Traffic and maintenance of railroad operation in accordance with Section 01 18 83 - Interface Requirements for the duration of construction at each crossing.

2. Installation, maintenance and removal of erosion and sediment control measures in accordance with Maryland Department of the Environment (MDE) requirements.

3. Saw cutting of existing asphalt paving; removal and disposal of existing timber crossing panels and asphalt; removal and disposal of excavated ballast, timber ties, track spikes and anchors within the designated limits at each crossing.

4. Perform surface milling and overlay at the asphalt approaches of two

(2) railroad crossings.

5. Construction of three (3) grade crossings using asphalt pavement and rubber rail seals.

6. Construction of one (1) grade crossing using asphalt pavement, only.

7. Removal of defective timber panels as directed by the Engineer at two (2) grade crossings and replacement with like materials.

8. Furnishing and installation of new 115 RE running rails including fasteners within the limits designated at two (2) grade crossings and installation of new ties and ballast in both track approaches to the crossings.

9. Removal of defective ties as directed by the Engineer and replacement with new ties and additional ballast as needed within the designated limits of two (2) grade crossings.

10. Removal and reconstruction of the bituminous pavement at roadway approaches to the grade crossings, and miscellaneous repairs as necessary to facilitate installation of new rail grade crossings.

11. Installation of new pavement markings on the reconstructed pavements.

12. Installation and removal and replacement of crossbucks, yield signs

Contract No. T-1926-0150 NTC 2 of 9 emergency notification signs, “Track Out Of Service” signs, and sign posts as necessary at all grade crossing sites, to meet FRA regulations.

13. Removal of two concrete center panels in one module of one grade crossing, assessing the condition of the concrete module under the panels, making any repairs to the modules as necessary using epoxy grout, and replacing the existing center panels with new center panels

B. Estimated value for this work is in the range of Maryland DOT Terms & Conditions TC-2:01 Project Classification Cost Group “C” ($500,000- $1,000,000).

2. DEADLINE FOR QUESTIONS

Questions regarding the scope should be directed in writing to Darica Lawson, the Procurement Officer , via email address dlawson@mta.maryland.gov .

Questions directed to this office must be received no later than November 16, 2021 at 12pm. No interpretations other than written shall be binding on the Administration.

3. PRE-BID MEETING

A Pre-Bid meeting for the purpose of explaining the Project will be held on October 21, 2021 at 10:00 AM Local Time, via Microsoft Teams, Please email the Procurement Officer at dlawson@mdot.maryland.gov for access.

It is strongly suggested that the person(s) responsible for the preparation of bid documents for bidders attend the Pre-Bid Meeting and the site visit.

INSTRUCTIONS CRITICAL TO THE PREPARATION OF THE CONTRACT

DOCUMENTS WILL BE PRESENTED AT THE PRE-BID MEETING.

4. BID DUE DATE & TIME

Bids must be submitted via eMMA (emma.maryland.gov)

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered. Requests for extension of this date or time shall not be granted.

Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

mailto:dlawson@mta.maryland.gov mailto:dlawson@mdot.maryland.gov https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Contract No. T-1926-0150 NTC 3 of 9

5. MULTIPLE OR ALTERNATE BIDS

Multiple and/or alternate Bids will not be accepted.

6. BASIS FOR AWARD

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

7. TIE BIDS

Tie Bids will be handled in accordance with COMAR 21.05.02.14.

8. DURATION OF BID

Bids submitted in response to this IFB are irrevocable for 90 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

9. BID SUBMISSION

Each BID package must bear the following information:

a. Contract number and title;

b. Name and address of the Bidder;

c. Price Bid: Requirements & Evaluation

The Price Bid shall consist of the following documents, fully executed:

a. Bid Form, Bid Affidavit

b. Bid Bond in the amount of five percent (5%) of the bid price OR an Individual Surety Bid Bond in the amount of five percent (5%) and an Affidavit of Individual Surety (Attachment A) & Surety Affidavit (Attachment B); and

c. Completed Insurance Cost Worksheet.

d. MDOT MTA State -Funded MBE forms (A& B at time of Bid)

e. Nondisclosure,Conflict of Interest, Investments in Iran & Mercury Affidavits.

f. Contractor Questionnaire & Subcontractor Utilzation form

Bids are due at 12pm on December 10, 2021; Bids will be opened publicly at 12:30 P.M. through a bid tabulation visible to the public via eMMA. Please include this as line item 10 (total bid pricing) as requested via eMMA. Please also submit the required bid form with your package. Do not alter your bid form, as this can result in a rejection of your bid.

10. ELECTRONIC VERSION OF BID DOCUMENTS

The bid documents will be available by electronic means. The Bidder acknowledges and accepts full responsibility to ensure that the Bidder has made no changes to the Administration’s bid documents. In the event of a conflict between

Contract No. T-1926-0150 NTC 4 of 9 the versions of the bid documents in the bidder’s possession and the version maintained by the Procurement Officer, the version maintained by the Procurement Officer shall govern.

11. AVAILABILITY OF DOCUMENTS

Specifications may be downloaded from eMaryland Marketplace Advantage located at https://emma.maryland.gov

Bidders will be required to register the first-time specifications are downloaded and a login number will be assigned. This number should be used every time the bidder downloads the documents for this contract.

Bidders must supply accurate information in order to receive notice of all subsequent addenda.

TO OBTAIN THE SPECIFICATIONS:

Please visit eMaryland Marketplace Advantage (https://emma.maryland.gov) and download the Specifications for this procurement.

12. ADDENDA

Bidders are required to acknowledge all addenda with their bid package. Although the MTA endeavors to send out all addenda to this solicitation in a timely manner, it is the responsibility of the contractors to make sure they received all appropriate documents prior to the bid due date.

13. EMARYLAND MARKETPLACE REGULATIONS

Use of “e-Maryland Marketplace Advantage”

“e-Maryland Marketplace” is an electronic commerce system administered by the Maryland Department of General Services. Registration is free and will provide a means for your business to receive e-mail notifications of upcoming contracting opportunities in specified areas of interest and expertise. This means that all such information is immediately available to subscribers to e-Maryland Marketplace.

Because of the instant access afforded by e-Maryland Marketplace, it is recommended that all Bidders interested in doing business with Maryland State agencies subscribe to e-Maryland Marketplace. For more eMM registration information, visit the website:

https://emma.maryland.gov/ .

14. BID BOND

Each bid exceeding $100,000 must be accompanied by a Bid Bond in the amount of five percent (5%) of the Bid Price. Bid, payment, and performance security may be in the form of: (1) a bond executed by a surety company authorized to do business in the State; (2) a bond executed by an individual surety that meets certain criteria; (3) https://emma.maryland.gov/ https://emma.maryland.gov/ https://emma.maryland.gov/

Contract No. T-1926-0150 NTC 5 of 9 another form of security required by State or federal law; or (4) another form of security satisfactory to the unit awarding the contract. Sections 13-207, 13-216, 17- 104 of the State Finance and Procurement Article, Annotated Code of Maryland.

15. PAYMENT AND PERFORMANCE BONDS

A performance and payment bond shall be required for all construction contracts valued over $100,000. The performance bond shall be in an amount equal to one hundred percent (100%) of the contract price. The payment bond shall be in an amount equal to one hundred percent (100%) of the contract price. The Bond shall be on a form furnished by the MTA, underwritten by a surety authorized to do business in the State of Maryland, and in the amount specified by this solicitation.

Upon receiving notification of contract award, the Contractor shall deliver the bond to the MTA no later than the time the Contractor executes the contract. Bid, payment, and performance security may be in the form of: (1) a bond executed by a surety company authorized to do business in the State; (2) a bond executed by an individual surety that meets certain criteria; (3) another form of security required by State or federal law; or (4) another form of security satisfactory to the unit awarding the contract. Sections 13-207, 13-216, 17-104 of the State Finance and Procurement Article, Annotated Code of Maryland.

16. ELECTRONIC FUNDS TRANSFER

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

17. MINORITY BUSINESS ENTERPRISE PROGRAM

A. MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION NOTICE.

B. The Maryland Transit Administration hereby notifies all bidders that, in regard to any Contract entered into pursuant to this advertisement, Minority Business Enterprises will be afforded full opportunity to submit Bids in response to this Notice, and will not be subjected to discrimination on the basis of political or religious opinion or affiliation, race color, creed, sex, age or national origin in consideration for an award.

C. It is the goal of the Administration that Minority Business Enterprises participate in all Contracts. Each Contract will contain goals for Minority Business Enterprise participation on a contract-to-contract basis. A subcontracting goal of 19.9% has been established for this procurement. All bidders must submit with their bid a fully executed copy of the Certified MBE Utilization and Fair Solicitation Affidavit (MDOT MBE FORM A) and MBE Participation Schedule (MDOT DBE FORM B). If the bidder fails to submit these completed forms with the bid as required, the procurement officer shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being

Contract No. T-1926-0150 NTC 6 of 9 selected for award. ALL MBE FIRMS MUST BE CERTIFIED BY THE

MARYLAND DEPARTMENT OF TRANSPORTATION. NO OTHER

CERTIFICATIONS WILL BE ACCEPTED.

D. A contractor may count toward its MBE goal sixty percent (60%) of its expenditures for materials and supplies required under the contract and obtained from a MBE regular dealer, and 100 percent of such expenditures to a MBE manufacturer. The MBE credited supplies may not exceed 60 percent of the entire contract goal.

E. New versions of Sections 13-103, 13-104 and 14-303 of the State Finance and Procurement Article of the Maryland Code, relating to increased bid/proposal documentation of DBE commitments, are effective as of October 1, 2004. The Contract under this solicitation will be awarded in accordance with these new requirements. As a result, new bid submission requirements, including certain revised DBE documents, are in effect for this solicitation. These new requirements are set forth elsewhere in this solicitation.

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

G. Effective on October 1, 2009, Minority Business Enterprise (MBE) firms may elect to be dually certification as woman-owned businesses and as members of an ethnic or racial category. For purposes of achieving any gender or ethnic/racial MBE participation subgoals in a particular contract, an MBE firm that has dual certification may participate in the contract either as a woman-owned business or as a business owned by a member of a racial or ethnic minority group, but not both.

WARNING – PLEASE READ:

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

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

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

Contractors should designate whether the MBE firm will be used as a woman-owned business or as a business owned by a member of a

Contract No. T-1926-0150 NTC 7 of 9 racial/ethnic group before calculating the percentage of MBE participation goals and subgoals they intend to meet.

Maryland’s MBE/DBE Directory will reflect the dual certification status beginning October 1, 2009. You can access the MBE/DBE Directory at http://mbe.mdot.state.md.us. Firms with dual certification will now be listed as follows:

Example:

ABC Corporation, Inc.

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

18. AFFIRMATIVE ACTION REQUIREMENTS

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

19. SUSPENSION AND DEBARMENT CERTIFICATION

All bidders will be required to certify that they are not on the GSA List of Parties Excluded from Procurement and the List of Contractors Suspended or Debarred from Contracting with the State of Maryland. All bidders must also be in good standing with the State Assessment & Taxation Department.

20. CONTRACTOR’S QUESTIONNAIRE

All Bidders shall submit a fully executed copy the Contractor’s Questionnaire Pre- Award Evaluation Data Form with the bid package.

20. INSURANCE REQUIREMENTS

The Administration has chosen to provide Workers’ Compensation, General Liability, Excess Liability, Builders Risk, Pollution Liability and Railroad Protective coverage on behalf of Contractors and subcontractors working on this project. This approach to project insurance is commonly called a wrap-up or owner-controlled insurance program (OCIP). Specific information regarding Liability Insurance Requirements is contained in the IFB.

Please note that an Insurance Cost Worksheet must be included with each bid package.

21. USE OF BIDDER’S OWN FORCES

The bidder with his own forces shall perform not less than fifty percent (50%) of the http://mbe.mdot.state.md.us/

Contract No. T-1926-0150 NTC 8 of 9 work at the project site.

22. PROTESTS/DISPUTES

Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

23. INVESTMENT ACTIVITIES IN IRAN ACT

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

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

Agencies must obtain a certification regarding investments in Iran from each bidder or offeror for new contracts and from each Contractor seeking to renew an existing contract. Specifically, bidders, offerors, and renewing Contractors have to certify that at the time the bid/proposal is submitted or the contract renewed that the company is neither identified on the Investment Activities In Iran list nor engaging in investment activities in Iran.

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

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

24. CANCELLATION OR REJECTION OF BIDS

The “Notice to Contractors” may be canceled in accordance with State Procurement Regulations. The State (Administration) reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part and/or waive technical defects if, in its judgment, the interests of the Administration so require.

Contract No. T-1926-0150 NTC 9 of 9

T-1926-0150 NBN 1

MARYLAND TRANSIT ADMINISTRATION

VENDOR COMMENTS

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

Thank you for your assistance.

Bid/Proposal No.: T-1926-0150

Contract Title: REPAIR OR REPLACEMENT OF SEVEN GRADE CROSSINGS

ON THE CENTREVILLE AND CHESTERTOWN FREIGHT

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

Other commitments preclude our participation at this time.

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

We lack experience in the work/commodities required.

The scope of work is beyond our current capacity.

We cannot be competitive. (Please explain below.)

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

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

Time for completion is insufficient.

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

Doing business with government is simply too complicated.

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

Other:

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

Remarks:

OPTIONAL:

Vendor Name: Date:

Contact: Phone:

Address or e-mail:

THANK YOU !!!!!!!

CONTRACT NO. T-1926-0150 BID FORM

UNIT PRICE SCHEDULE

BF 1 OF 6

Item Section Description Estimate of Quantity

Unit Unit Price Total Price

001 011500 Mobilization 1 LS $32,000.00 $32,000.00

002 012100 Miscellaneous Work Allowance 1 ALLOW $40,000.00 $40,000.00

003 014300 Quality Assurance and Quality Control 1 ALLOW $12,000.00 $12,000.00

004 015213 .04

Engineer’s Field Office 1 ALLOW $25,000.00 $25,000.00

005 015526 Maintenance of Traffic (MOT) 1 ALLOW $45,000.00 $45,000.00

006 015526 Temporary Traffic Signs 1683 SF

007 015526 Type III Barricades for Maintenance of

Traffic

21 EA

008 015526 Portable Variable

Message Signs

(PVMS)

126 UD

009 015526 Traffic Drums for Maintenance of

Traffic

27 EA

BF 2 OF 6

Item Section Description Estimate of Quantity

Unit Unit Price Total Price

010 015713 Filter Bag 5 EA

011 015713 Temporary Seeding 20 SY

012 024113 .01

Asphalt Grade Crossing

Demolition

98 SY

013 024113 .01

Timber Grade Crossing

Demolition

177 SY

014 024113 .01

Removal of Existing Ballasted

Track

155 TF

015 024113 .01

Contingent Removal and

Replacement of Defective Existing Timber Crossties

21 EA

016 024113 .01

Remove and Replace Selected

Timber Grade Crossing Panels

13 EA

017 024113 .01

U.S. 301 Concrete Crossing

Assessment and Repair

1 LS

018 024113 .01

Supplemental Removal of

Existing Pavement

100 SY

BF 3 OF 6

Item Section Description Estimate of Quantity

Unit Unit Price Total Price

019 024113 .01

Contingent Asphalt Pavement Removal 31 SY

020 101453 Sheet Aluminum Signs 32 SF

021 101453 Remove and

Reinstall Sheet Aluminum Signs

5 EA

022 101453 Square Perforated Tubular Steel Posts 4 EA

023 101453 Square Tubular Steel Anchor Bases 4 EA

024 310519 .14

Geotextile for Track Work 550 SY

025 312300 Test Pit Excavation 4 EA

026 312300 Class 1-A Excavation 10 CY

027 320116 .71

Mill Asphalt Pavement – 2

Inches

292 SY

028 321123 Base Course Using Graded Aggregate 11 CY

BF 4 OF 6

Item Section Description Estimate of Quantity

Unit Unit Price Total Price

029 321216 .13

2-Inch Hot Mix Asphalt Overlay

Paving

292 SY

030 321216 .13

Supplemental Hot Mix Asphalt

Superpave Surface Course

14 TON

031 321216 .13

Supplemental Hot Mix Asphalt

Superpave Base Course

45 TON

032 321216 .15

Hot Mix Asphalt Grade Crossing 240 SY

033 321216 .15

Contingent Hot Mix Asphalt

Superpave Base Course

11 TON

034 321723 5-Inch Yellow Thermoplastic

Pavement Markings

222 LF

035 321723 5-Inch White Thermoplastic

Pavement Markings

139 LF

036 321723

24-Inch White Preformed

Thermoplastic Pavement Marking

Lines

80 LF

037 341113 Furnish 115 RE Rail 258 LF

038 341116 Furnishing and Installing Rail

Welds

4 EA

BF 5 OF 6

Item Section Description Estimate of Quantity

Unit Unit Price Total Price

039 341119 Furnish Compromise Joints 8 EA

040 341119 Furnish Contingent Replacement Joint

Bars

4 EA

041 341119

Furnish and Install Contingent

Compromise Joint Welds

8 EA

042 341126 Ballasted Track Construction 155 TF

043 341126 .13

Furnish and Install Ballast 110 TON

341126

.13 Furnish and Install Contingent Ballast 20 TON

045 341133 .15

Furnish Composite Ties 90 EA

046 341133 .17

Furnish Contingent Timber Crossties 21 EA

Basis of Award: Total amount of items 001 thru 046 ______________________(figures)

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

BF 6 OF 6

Submitted by:

Signature of Authorized Representative Date

Printed Name and Title:

Telephone:

Email address:

Bidder Company Name:

Bidder Company Address:

Location(s) from which goods/services will be provided/performed (City/State):

FEIN:

eMMA #:

047 Insurance Premium (Contingency)

LS LS LS

Contract No. T-1926-0150 CQ 1 OF 6

STATE OF MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

CONTRACTORS QUESTIONNAIRE

PRE-AWARD EVALUATION DATA

IMPORTANT

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

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

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

BID.

I. General

(a) Legal Title and Address of Organization

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

(c) ___Corporation ___Partnership ___Individual (Check One)

(d) Date your Firm was organized or started:

(e) Federal I.D. No. _________________________

(f) If a Corporation, state:

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

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

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

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

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

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

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

Contract No. T-1926-0150 CQ 2 OF 6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contract No. T-1926-0150 CQ 3 OF 6

(k) Has your organization or any of its directors, officers, partners or supervisory personnel ever been indicated and/or found guilty for criminal action relating in any way to the conduct of your organization’s business?

Yes ____ No ____

III. Financial

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

(b) Who is your bonding Company?

(c) Who is your bonding agent?

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

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

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

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

(h) What is your policy on bonding subcontractors?

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

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

IV. Experience

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

General _____________________years Sub_____________years Type________________________ _____________ years Type ________________________ _____________years

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

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

Contract No. T-1926-0150 CQ 4 OF 6

Construction Experience

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

Construction Experience (Years)

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

In what capacity?

(Foreman, Supt., etc.)

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

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

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

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

Contract No. T-1926-0150 CQ 5 OF 6

(f) List major projects that involved the work of boiler replacement in the last three (3) years:

A. Project Name: _____________________________________

Project Description:_________________________________

Contact: __________________________________________

Phone No.__________________________________________

Email: _____________________________________________

B. Project Name: _____________________________________

Project Description:_________________________________

Contact: __________________________________________

Phone No.__________________________________________

Email: ____________________________________________

C. Project Name: _____________________________________

Project Description:_________________________________

Contact: __________________________________________

Phone No.__________________________________________

Email: _____________________________________________

V. Safety

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

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

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

Contract No. T-1926-0150 CQ 6 OF 6

If yes, explain. _________________________________________

The above statements are certified to be true and accurate.

Dated at ________________________this _________day of ________________, 20__.

By: ____________________________________________________________

(Title of Person signing)

(Name of Organization)

State of ____________________________________________________________

County (City) of__________________________________________________________:

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

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

Notary Public

(SEAL)

My commission expires: ___________________________

Contract No. T-1926-0150 SUI 1 OF 2

SUBCONTACTOR UTILIZATION FORM

The attached form is for informational purposes only. It will only have to be completed by the successful bidder on the project. A copy of the form will be sent to the successful bidder along with the contract and Notice of Intent and should be returned to MTA with the other required paperwork within ten (10) days of receipt of the letter.

Contract No. T-1926-0150 SUI 2 OF 2

Maryland Department of Transportation Sub-Contractor Utilization Information Form

Prime Contractor (Name of Firm): Telephone: Fax: E-Mail:

Prime Contractor: (Address-Number, Street, City, State, Zip)

FEIN Number: Contract Number: Contract Amount: (Dollars)

Sub -Contractor (Name of Firm): Telephone: Fax: E-Mail:

Sub - Contractor: (Address-Number, Street, City, State, Zip)

FEIN Number: MDOT-DBE Certified (y/n):

If yes, give MDOT Cert.#

Annual Gross Income:

List Years in Business: List Description of Service You Provide:

Sub -Contractor (Name of Firm): Telephone: Fax: E-Mail:

Sub - Contractor: (Address-Number, Street, City, State, Zip)

FEIN Number: MDOT-DBE Certified (y/n):

If yes, give MDOT Cert.#

Annual Gross Income:

List Years in Business: List Description of Service You Provide:

Sub -Contractor (Name of Firm): Telephone: Fax: E-Mail:

Sub - Contractor: (Address-Number, Street, City, State, Zip)

FEIN Number: MDOT-DBE Certified (y/n):

If yes, give MDOT Cert.#

Annual Gross Income:

List Years in Business: List Description of Service You Provide:

NOTE: Please copy this sheet if additional sub-contractors are used.

Contract No. T-1926-0150 EFT 1 OF 3

PAYMENTS TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER

Every solicitation for a contract expected to exceed $200,000 is required to contain the following provision:

The Bidder agrees to accept payments by electronic funds transfer unless the State Comptrollers Office grants an exemption. The selected Bidder shall register using the attached form COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for an exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption.

Once a contractor registers to receive payments electronically, all State payments to the contractor (including payments under other State contracts regardless of value) will be disbursed via electronic funds transfer.

Contract No. T-1926-0150 EFT 2 OF 3

Vendor Electronic Funds Transfer (EFT) Registration Request Form

Date of request

Business identification information (Address to be used in case of default to check):

Business name

Address line1

Address line 2

City State

Zip code

Business taxpayer identification number:

Federal Employer Identification Number:

(or) Social Security Number:

Business contact name, title, and phone number including area code. (And address if different from above).

Financial institution information:

Name and address

Contact name and phone number (include area code)

ABA number

Account number

Account type Checking Money Market

A voided check from the bank account must be attached.

Transaction requested:

1. Initiate all disbursements via EFT to the above account.

2. Discontinue disbursements via EFT, effective .

3. Change the bank account to above information—a copy of the approved

Registration Form for the previous bank account must be attached.

(OVER)

Contract No. T-1469-0440 EFT 3 OF 3

I am authorized by * (hereinafter Company) to make the representations contained in this paragraph. Company authorizes the Comptroller and the Treasurer of Maryland to register it for electronic transfer (EFT) using the information contained in this registration form.

Company agrees to receive all funds from the State of Maryland by electronic funds transfer according to the terms of the EFT program. Company agrees to return to the State of Maryland any EFT payment incorrectly disbursed by the State of Maryland to the Company’s account. 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.

*Name of registering business entity

Signature of company treasurer, controller, or chief financial officer and date

Completed by GAD/STO Date Received GAD registration information verified Date to STO STO registration information verified Date to GAD

R*STARS Vendor No. and Mail Code Assigned:

State Treasure’s Office approval date General Accounting Division approval date

To Requestor:

Please retain a copy of this form for your records. Please allow approximately 30 days from the date of your request for the Comptroller’s and Treasurer’s Offices to process your request. Failure to maintain current information with this office could result in errors in payment processing. If you have any questions, please call the EFT registration desk at 410-260-7375.

Please submit form to: EFT Registration, General Accounting Division

Room 205, P.O. Box 746 Annapolis, Maryland 21404-0746

COT/GAD X-10

Contract No. T-1926-0150 BPA 1 of 6

Bid/Proposal Affidavit

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

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

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

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

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

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

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

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

Contract No. T-1926-0150 BPA 2 of 6

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

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

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

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

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter,…