RFP 191-22 Warehouse RackingV2.pdf

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 191-22

WAREHOUSE RACKING

Date Issued: February 1, 2023

RFP: 191-22 - 1 - Rev: 11/21/2022 Project Name: Warehouse Racking

COMMBUYS Bid: BD-23-1206-40000-40000-83487

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 General

2.2 Technical Scope of Work

2.3 Plans and Elevations

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

3.8 RFP Addendum

3.9 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Eligible Entities

3.16 Pre-Contractual Expenses

3.17 Tax Exemption

3.18 Insurance

3.19 Disadvantaged Business Enterprise (DBE) Goal – Not Applicable

3.20 Buy America Requirements – Not Applicable

4. SUBMISSION RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Validity of Response

RFP: 191-22 - 2 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

4.5 Incomplete Response

5. MBTA POLICIES

5.1 SAFETY

5.2 Personal Protection Equipment (PPE)

5.3 Protection of the Public

5.4 Small, Minority, Women, and Other Disadvantaged Businesses

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Scope of Proposal

6.4 Rejection of Bid

6.5 Successful Bidder

6.6 MBTA Reserved

6.7 Appeal / Protest Procedures

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Authorized Signatory

Form B: Pre-Award Bidder Evaluation Data Form

Form C: Requested RFP Pricing Form

Form D: DBE Letter of Intent Not Applicable

Form E: Schedule of Participation by Disadvantaged Business Enterprises Not Applicable

Form H: BUY AMERICA Certification Form – Not Applicable

Form I: Affidavit of Subcontractor Payment – Not Applicable

Form J: Certification Regarding Lobbying - Not Applicable

8. MBTA STANDARD CONTRACT AND TERMS AND CONDITIONS INSTRUCTIONS FOR

VENDORS

8.1 MBTA Standard Contract Instructions (Section 9)

8.2 MBTA Standard Terms & Conditions Instructions (Sections 9.1 – 9.4)

9. Massachusetts Bay Transportation Authority Standard Contract

9.1 Standard Terms and Conditions

9.2 Supplemental Provisions for Contracts for Construction, Alteration, Remodeling or

Repair

9.3 Federal Requirements – NOT APPLICABLE

RFP: 191-22 - 3 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

9.4 Terms & Conditions Signature

10. Exhibits

10.1 MBTA Floor Plan 1.0

10.2 MBTA Floor Plan 2.0

10.3 MBTA Elevation 1.0

10.4 MBTA Elevation 2.0

10.5 Insurance Requirements

10.6 Prevailing Wage Data

RFP: 191-22 - 4 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

Attn: Bidder/s

Request for Proposals (RFP) # 191-22

RFP Description: Warehouse Racking

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid for Warehouse Racking. The Scope of

Work is outlined below in Section 2.1. The MBTA may at its own discretion award the contracts (s) to one or multiple Bidders. All formal communication with the MBTA during the bidding period shall be only through the designated point of contact.

The MBTA’s prime point of contact for this solicitation will be:

John de Lalla

Massachusetts Bay Transportation Authority

10 Park Plaza, Room 2810

Boston, MA 02116

Email: jdelalla@mbta.com

The RFP shall be launched through the COMMBUYS Portal. The RFP proposals must be submitted no later than Wednesday March 1, 2023, by 2:00PM, in full compliance with this RFP including but not limited to Section A, General Instructions to Bidders. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, John de Lalla

John de Lalla

Massachusetts Bay Transportation Authority

RFP # 191-22

RFP: 191-22 - 5 - Rev: 11/21/2022

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks delivery and installation of structural warehouse racking at 35 United Drive, West Bridgewater, MA 02379.

2. SCOPE OF WORK

2.1 General

Deliver and install structural pallet racking at 35 United Drive, West Bridgewater, MA 02379. Work hours will be Monday – Friday. 6:00 am – 2:30 pm. Work schedule to be reviewed with MBTA representative and awarded vendor at Kick-off meeting.

Awarded contractor to submit a safety plan to the MBTA representative for review before proceeding with any work. MBTA does not have a safety template. Contractor may submit the safety plan in its own format.

2.1.1 Mechanical Design The refinement of layout drawings submitted with this proposal, preparation of installation drawings, design, and the integration of the equipment. Provide racking plans and details for the MBTA representative for review.

2.1.2 Mechanical Installation

1. Installation of all material handling equipment specified within the proposal. Receiving, unloading, rigging and placement of pallet racking will be performed by awarded vendor.

2. Contractor to remove all rack packing material and associated trash.

Use of MBTA dumpsters not allowed.

3. MBTA expected lead time for rack material delivery is within (14-20 weeks) after receipt of Purchase Order.

4. Installation to be no more than 40 working days after receipt of all material.

5. Racks to be bolted to floor.

2.2 Technical Scope of Work

1. Provide design, materials and installation of pallet racks and related items for storage purposes.

2. System to have selective pallet storage and cantilever rack storage positions.

3. Materials to be heavy duty structural steel components

4. Racking system to include all end cap guarding.

2.2.1 Definition of Structural Racking and Wire Decks.

Selective Rack Section:

1. (17) Groups of (28) Bays- back-to-back bays, see floor plans

2. VBS 5,000/7,500 lbs. per level

RFP: 191-22 - 6 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

3. Tunnel (3) Levels @ 140" 210" 280" VBS 7,500 lbs. per level

4. 4" sq. Tube, 11 ga. 48" x 312" uprights

5. 12" closed welded v deflectors Heavy horizontal with double boxed front post to 60”

Wire Decks:

1. 48''deep X 52''wide Waterfall Wire Deck

2. 4 each 13-gauge flared supports for box/structural beams,

3. 2'' X 4'' mesh c-c 4 gauge wire all .225" diameter,

4. Color: Gray

5. Capacity is 3200 lbs. UDL

6. 48''deep X 46''wide Waterfall Wire Deck

7. 4 each 13-gauge flared supports for box/structural beams,

8. 2'' X 4'' mesh c-c 4 gauge wire all .225" diameter,

9. Capacity is 3200 lbs. UDL

2.2.2 Cantilever Storage Components

1. Double Wide Bays @ 60”

2. 60” arms @ 2500 lbs. per arm

2.2.3 Installation

1. To include all layout and Design shown in floor plan

2. Loading and unloading all project related materials

3. Provide all necessary lifts and tools

4. Leave work area broom swept

2.3 Plans and Elevations

2.3.1 MBTA Floor Plan 1.0, Exhibit 10.1

2.3.2 MBTA Floor Plan 2.0, Exhibit 10.2

2.3.3 MBTA Elevation 1.0, Exhibit 10.3

2.3.4 MBTA Elevation 2.0, Exhibit 10.4

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

Pre-bid site visit 2/7/2023, 11:00 a.m., 35 United Drive, West Bridgewater, MA 02379. To attend RSVP to jdelalla@mbta.com. The MBTA reserves the right to hold one or more Bidders’ conferences with all

Bidders at any time prior to the Response Date. Bidders’ conferences may be held either in person or by telephonic or electronic means. If held telephonically or electronically, the Bidders’ conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide written notice of any Bidders’ conference via the MBTA Business Center. If a Bidders’ conference is conducted by telephonic or electronic means, the notice will inform Bidders of the manner of the meeting.

Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Bidders’ conference, if held, was offered to all Bidders, and waives any right to challenge this procurement based on its attendance at, or failure to attend, a Bidders’ conference.

mailto:jdelalla@mbta.com

RFP: 191-22 - 7 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

Each Bidder is encouraged to attend Bidders’ conferences, if held, with appropriate members of its proposed staff, and if requested by the MBTA, senior representatives of proposed team members identified by the MBTA. Nothing stated at any Bidders’ conference or included in a written record or summary of a Bidders conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

3.2 Procurement Method

This procurement is conducted to pursuant to applicable state and federal laws including, but not limited to, Massachusetts General Laws c. 30 section 39M (public works contracts for construction, alteration, remodeling, or repair). As applicable “Trade Names and Alternatives – “Or Equal”, “… in the opinion of the awarding authority: (1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications.

Bidder shall be responsible for making itself fully aware of, complying with, and in its Response addressing the impact of and compliance with all applicable laws and regulations.

This RFP will be launched and managed via COMMBUYS.

3.2.1 MBTA DESIGNATED REPRESENTATIVE

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications in writing to COMMBUYS. The MBTA’s Designated

Representative is John de Lalla, jdelalla@mbta.com

3.2.2 IDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

When submitting a Bid, the Bidder must identify to the MBTA’s designated representative its own

Designated Representative to act on behalf of the Bidder relating to this procurement.

3.3 RFP Calendar and Delivery Instructions

Bidder is required to prepare and submit all required documents as a bid package to COMMBUYS

RFP#191-22 Warehouse Racking and Open Date 3/1/2023.

The MBTA anticipates carrying out the procurement process in accordance with the schedule noted in the table below. All times are local Boston, Massachusetts, USA, times unless otherwise indicated. The schedule is subject to modification at the sole discretion of the MBTA. Bidders will be notified of any change by an addendum to this RFP.

TABLE 2-1: RFP CALENDAR Warehouse racking

Procurement Activity Date Time

RFP issued 2/1/2023 5:00 p.m.

Pre-bid Site Visit – 35 United Drive, West Bridgewater, MA 02379. Meet at back of building, loading docks. To attend RSVP to jdelalla@mbta.com

2/7/2023

11:00 a.m.

Deadline submission of Proposer questions in

COMMBUYS

2/9/2023

2:00 p.m.

Official Answers for Bid Q&A published by MBTA in

COMMBUYS

2/14/2023

2:00 p.m.

Response Due Date in COMMBUYS 3/1/2023 2:00 p.m.

RFP: 191-22 - 8 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

Contract Execution (estimated) 3/31/2023

Service Start Date (estimated) 7/17/2023

3.4 Dissemination of Confidential Information

Not Applicable

3.5 Examination of RFP

Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP, including RIDs and any addenda and material made available to Bidders by the MBTA, and for informing itself with respect to any and all conditions that may in any way affect the amount or nature of its

Response, or the performance of the Contractor’s obligations under the Contract with the MBTA. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and the MBTA will provide no relief for any error or omission.

The submission of a Response shall be considered prima facie evidence that the Bidder has made the above-described examination and is satisfied as to the conditions to be encountered in performing the

Work and as to the requirements of the Contract.

3.6 Rules of Contact

Starting on the date the RFP is issued and ending on the earliest of (a) the award and execution of the

Contract, (b) rejection of all Responses by the MBTA, or (c) cancellation of the procurement, the following rules of contact shall apply. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-face, telephone, email, or formal written communication.

The specific rules of contact are as follows:

i. No Bidder, or any of its team members, may communicate with another Bidder or its team members with regard to this RFP or either team’s Response, except that subcontractors that are shared between two or more Bidder teams may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams. This prohibition does not apply to public discussions regarding the RFP at any MBTA sponsored Bidders’ conferences.

ii. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Board of

Directors, the Massachusetts Department of Transportation (“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the RFP or except as approved in advance at the MBTA’s Designated Representative’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the

RFP, Contract, or procurement or from participation in public meetings of the MBTA or

MassDOT Boards of Directors or any public or Bidder workshop related to this RFP.

iii. Any communications determined by the MBTA, in its sole discretion, to be improper may result in disqualification.

iv. Any official information regarding this RFP will be disseminated from the MBTA’s Designated

Representative via the MBTA Business Center.

v. The MBTA will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

RFP: 191-22 - 9 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

3.7 Clarifications of Specifications, Questions and Answers

Bidders shall review the RFP and any addenda issued by the MBTA prior to the Response Date, and request written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Bidder fails to understand or to which the

Bidder is suggesting a change. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be provided by the MBTA. Bidders shall submit, and the

MBTA will respond to, questions and requests for written clarification in accordance with this Section.

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder by sending to COMMBUYS with reference in the Subject Line to RFP 191-22. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 2.3 or such later date as may be specified in any addendum and shall: (i) be sequentially numbered; (ii) identify the document (i.e., Section A, Section B, etc.); (iii) identify the relevant section number and page number (i.e., Section B, Section 2.0 page 3 of 26) or, if it is a general question, indicate so; and (iv) not identify the Bidder in the body of the question or contain proprietary or confidential information. Questions submitted in any other format or method than that described above will not be considered.

Responses to requests for clarification or questions will be provided in writing and issued by the MBTA’s

Designated Representative via the MBTA Business Center. In addition, the MBTA reserves the right to, in its sole discretion, not answer all questions submitted by Bidders.

It is the Bidder’s responsibility to verify the MBTA’s receipt of questions and clarification requests.

Should the MBTA make changes to any specification, stipulation, requirement, or procedure, notification will be made to all Bidders in the form of written Addenda. No officer, agent, or employee of the MBTA is authorized to amend any provision contained in this solicitation, including the specifications, unless such amendment is issued as an Addendum and sent to all Bidders. If this solicitation is modified by an amendment, then all terms and conditions that are not modified remain unchanged.

3.8 RFP Addendum

The MBTA reserves the right to issue addenda to the RFP after initial publication.

The MBTA will not be bound by, and Bidders should not rely on, any oral communications regarding the

RFP. Use of any information gathered or received from other agencies or entities shall be at the Bidder’s own risk. Only information verified in writing by the MBTA will be considered reliable.

It is each Bidder’s responsibility to check the MBTA Business Center for any addenda and any Bid Q&A records related to this RFP. The MBTA and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit their Response based on an out-of-date RFP or on information received from a source other than the MBTA Business Center.

The Bidder shall acknowledge in its Technical Proposal Cover Letter (see Enclosure 1) receipt of all addenda and question and answer responses. Failure to acknowledge such receipt may cause the

Response to be deemed non-responsive and be rejected.

3.9 MBTA Standard Contract and Terms & Conditions

The MBTA does not encourage attempts to negotiate the Section 9.0 Massachusetts Bay

Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are

RFP: 191-22 - 10 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487 required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant

3.10 Confidentiality / Public Information Act Disclosure Requests

3.10.1 Disclosure Waiver

Each Bidder, by submitting a Response to the MBTA in response to the RFP, consents to the disclosures described in this RFP, including this Section and all other disclosures required by law, and expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing, or delaying such disclosure, under Mass. Gen. Laws, ch. 66

(the Massachusetts Public Records Law or “Public Records Law”) or any other law relating to the confidentiality or disclosure of information. Under no circumstances will the MBTA be responsible or liable to a Bidder or any other party as a result of disclosing any such materials. Each Bidder hereby further agrees to assist the MBTA in complying with these disclosure requirements.

3.10.2 Public Disclosure of Response Documents

After execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the

MBTA shall have the right to publicly disclose any and all portions of all the Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10.3, unless otherwise required by law

3.10.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided in the Public Records Law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of the Public Records Law. In no event shall the MBTA, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

If a Bidder has special concerns about information which it desires to make available to the MBTA but which it believes constitutes a trade secret, proprietary information, or other information excepted from disclosure, such responding Bidder shall specifically and conspicuously designate that information by placing “TRADE SECRET - PROPRIETARY” in the header or footer of each such page affected and by identifying such trade secret, proprietary information in the Technical Proposal Cover Letter (see

Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions of the Public

Records Law or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”trade secret - proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law, within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The

Bidder can choose to defend any action seeking release of the records it believes to be confidential information. The Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the

RFP: 191-22 - 11 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487 party requesting the records, including any and all costs connected with that defense. This indemnification survives the MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract. In submitting a Response, the Bidder agrees that this indemnification survives as long as the trade secret, proprietary information is in the possession of the MBTA.

The MBTA shall not under any circumstance be responsible for securing a protective order or other relief enjoining the release of information marked “trade secret – proprietary” in any Response, nor shall the

MBTA be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked “trade secret – proprietary” or otherwise.

3.11 Business Conduct

All Responses submitted by a Bidder to the MBTA shall be made without collusion with any other

Bidder(s) submitting a Response to this RFP.

Bidder shall not directly or indirectly, in relation to this RFP, give, promise, attempt to give, or approve or authorize the giving of anything of value, including by transferring all or part of the remuneration payable under any Contract, to:

a) any person employed or representing the MBTA;

b) any other person, including any public official;

c) a political party or a labor union controlled by any governmental authority or political party; or

d) a charitable or other organization, or an officer, director, or employee thereof, or any person acting directly or indirectly on behalf of the same for the purpose of (i) securing any improper advantage for either Bidder or the MBTA; (ii) inducing or influencing a public official improperly to take any action or refrain from taking any action in order for either Bidder or the MBTA to obtain or retain business, or to secure the direction of business to either

Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

3.12 Collusion

The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other

Bidder submitting a Bid on the same commodity / service and is in all respects fair and without fraud.

3.13 Prices

Each Bid must contain the lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form C: Requested RFP Pricing Form. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

3.14 Acceptance Period

The Authority requires a minimum Acceptance Period of at least one hundred and twenty (120) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly.

“Acceptance Period” for purposes of this solicitation means the number of calendar days available to the

MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

3.15 Eligible Entities

Any contract resulting from this Bid will be open for use by all MassDOT Divisions.

3.16 Pre-Contractual Expenses

The MBTA shall not be liable for any pre-contractual expenses incurred by the Bidder in the preparation of its proposal. The Bidder shall not include any such expenses as part of its proposal. Pre-contractual

RFP: 191-22 - 12 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487 expenses are defined as expenses incurred by the Bidder including but not limited to preparing its Bid in response to this solicitation, submitting its Bid to the MBTA, negotiating with the MBTA any matter related to this Bid, inspection, testing, shipping, and return shipping of proposed goods samples, or any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement.

3.17 Tax Exemption

The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly executed tax exemption certificates upon request. The MBTA is also exempt from Massachusetts State

Sales Tax — Exemption Number E-042-323-989. Such taxes should not be included in Bid prices.

The Bidder alone shall be responsible for payment of all federal, state and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

3.18 Insurance

The insurance policies that the successful bidder shall carry are outlined in the attached MBTA

Minimum Insurance Requirements document with this solicitation, Exhibit 10.5. The successful bidder shall submit proof of insurance for the requirements detailed at the time of submitting their bid. If in the case they are not available at the time of preparing their Bid, the successful bidder certifies that they will carry such insurance policies and all costs resulting from this are included in their pricing. The successful bidder shall provide proof of insurance within three business days of conditional notice of award.

3.19 Disadvantaged Business Enterprise (DBE) Goal – Not Applicable

The Massachusetts Bay Transportation Authority has established a Disadvantaged Business Enterprise

(DBE) Program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49

CFR Part 26. See Section 9.1.20 Federal Requirements – Disadvantaged Business Enterprises for detail on the DBE policy, program, and requirements.

The MBTA has established the following goal(s) for participation on this contract by DBEs. The applicable goal remains in effect throughout the life of the contract regardless of whether pre-identified

DBE subcontractors remain on the Project or under contract:

The DBE Participation Goal for this project is 0%.

Bidders and proposed DBE subcontractors shall complete and submit with the bid Form D: DBE Letter of Intent and Form E: Schedule of Participation by Disadvantaged Business Enterprises.

When the bidder completes Form E: Schedule of Participation by Disadvantaged Business

Enterprises the bidder will determine whether or not they need to complete Form F: DBE Joint Check

Arrangement Approval Form and / or Form G: Joint Venture Affidavit. If the bidder needs to complete these forms, the bidder shall contact the MBTA buyer to request the forms to fill out.

The successful Bidder(s) must complete and submit the Affidavit of Subcontractor Payment (attached as

Form I) on a quarterly basis.

3.20 Buy America Requirements – Not Applicable

Buy America requirements apply to the following types of contracts: Construction Contracts and

Acquisition of Goods or Rolling Stock (valued at more than $150,000). The successful bidder agrees to comply with 49 U.S.C. 5323(j) as amended by MAP-21, 49 U.S.C. 5323(h), 49 CFR Part 661, and FAST

Act (Pub. L. 114-94) which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. See Section 10.1.20.3 Buy America

RFP: 191-22 - 13 - Rev: 11/21/2022

Requirements (page 51) for complete information on Buy America requirements.

Bidders must complete Form H: Buy America Certification Form to submit with their bid.

4. SUBMISSION RESPONSE

4.1 Response Submissions

Bids opened in COMMBUYS on March 1, 2023, at 2:00 PM, EST / EDT, for the work described herein at the address below. An initial bid open summary posted in COMMBUYS.

Bidders are required to submit a Bid including all Bid forms contained in this package. Do not remove pages. Bidders shall complete the Enclosure 1 – Bid Cover Letter and complete the check boxes to indicate the bid documents that constitute their bid. The Bid Cover Letter placed on the top of all bid documents when submitted to the MBTA. Scanned copy of bid deposit bond included in response.

Bid Deposit mailed (if a check):

Attention: MBTA Procurement & Logistics, John de Lalla

10 Park Plaza, Suite 2810, Boston, MA 02160

RFP #191-23, Warehouse Racking

Open Date: March 1, 2023, 2:00 p.m.

Note: Bid packages that are received that do not follow instructions above may be disqualified. Please do not write anything additional on the package.

Each Response shall be submitted with the specific components listed in Enclosure 1 Bid Cover

Letter.

If a Bidder is a team, whether or not legally formed, Enclosure 1 Bid Cover Letter shall be signed by all parties to the Bidder so that the Response is legally binding upon each member of the Bidder.

Any interlineations, erasures or overwriting in the Response will only be valid if they are initialed by the

Authorized Signatories.

Bidders shall submit Responses including all forms and schedules and shall not remove pages from the provided forms.

Any Response which materially fails to meet the Response requirements of the RFP will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the

Bidder to make minor corrections to the Response.

4.2 Power of Attorney

Bidder shall complete Form A: Authorized Signatory or may enclose a power of attorney in its own form, duly signed by a legally authorized officer of the Bidder authorizing the Authorized Signatories to sign the Response and bind the Bidder to the Response.

4.3 Acceptance of Response

The Response constitutes a binding offer by the Bidder to perform the Scope of Work on the terms of the

Response, and the MBTA shall have the right to accept or reject such offer and/or any conditions proposed in full or in part. If the Response is accepted, the Bidder shall conclude the Contract with the

MBTA, based on the RFP, any addenda, the Response and any agreed amendments thereto. Until the

RFP: 191-22 - 14 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487 formal Contract is signed, Bidder has no authority to proceed with the Scope of Work or to incur any costs for which MBTA may be held liable. MBTA shall have no obligations towards Bidder until a formal contract has been entered into.

4.4 Validity of Response

The Response is irrevocable, and shall remain valid and open for acceptance, for a period of one hundred and eighty (180) days after the Response due date. The MBTA reserves the right to extend the validity period and notify Bidders accordingly.

4.5 Incomplete Response

If Bidder does not fully comply with this RFP, or if the Response is incomplete or vague, the Response may not be considered, unless the MBTA in its absolute discretion decides otherwise.

5. MBTA POLICIES

5.1 SAFETY

A. The Contractor shall conduct a pre-construction kick off safety meeting on site in coordination with the MBTA to discuss contract specific hazards.

B. The Contractor and any subcontractor shall not require any person employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health or safety, as determined under construction safety and health standards

C. The Authority may stop any work that it considers to be unsafe.

D. The Contactor shall complete daily safety inspections of the job site and contiguous public areas and take any corrective actions to eliminate unsafe conditions. Inspections must be documented and made available to the MBTA upon request for the duration of the project.

E. The Contractor shall take all reasonable precautions in the performance of the work to protect the safety and health of its employees and members of the public and shall comply with all applicable

MBTA, Local, State and Federal safety and health regulations and associated reporting requirements.

F. The Contractor shall be responsible for all its lower-tier sub-contractors and vendor's compliance.

G. Contractor management shall make a commitment for accident prevention and fire prevention.

Safety shall take precedence over schedule and production. Enforcement action is mandatory.

H. The Authority will not compensate the Contractor for delays or denials to work when the

Contractor is in violation of regulations listed in this contract

I. All contractor/subcontractor equipment (including hi-rail) operators must be trained, certified, and properly licensed for each specific piece of equipment they will operate.

J. If the contractor/subcontractor equipment is involved in a derailment, near miss, or incident which caused injury or exposed personnel to injury and/or caused damage to Authority property, that equipment is subject to the Authority’s Impound Policy/Procedure.

K. Equipment shall not be placed or operated within fouling distance (15' from the centerline) of track without first obtaining the permission of the Authority.

L. Fall Protection is required for any work above 6 feet of lower level.

5.2 Personal Protection Equipment (PPE)

A. All personnel working on the project site, within the MBTA construction project limits are required to wear an MBTA approved high visibility reflective safety garment, hard hat, safety glasses, and protective footwear at all times.

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COMMBUYS Bid: BD-23-1206-40000-40000-83487

B. All Contractor employees working within the MBTA ROW must carry the following with them at all times in accordance with the MBTA ROW Rulebook:

i. MBTA Safety approved high visibility garment/vest

ii. Whistle

iii. Working flashlight

iv. Valid ROW Card

All Contractor personnel working in the MBTA ROW will require the use of MBTA flaggers in compliance with all requirements set forth by the MBTA ROW Rulebook.

5.3 Protection of the Public

A. All necessary precautions to prevent injury to the public or damage to property of others shall be taken. The public is defined as all persons not employed by or under contract or subcontract to the

MBTA. Installation of temporary barriers and/or fencing designated to protect the public shall be reviewed and approved by the MBTA.

B. Work shall not be performed in any area occupied by the public unless specifically permitted by the contract or in writing by the MBTA.

5.4 Small, Minority, Women, and Other Disadvantaged Businesses

It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the procurement of goods and services. It is the MBTA’s intention to create a level playing field on which all contractors and subcontractors can compete fairly for contracts. The MBTA promotes equity of opportunity in state contracting; and to that end; encourages full participation of certified small, minority, women, and other disadvantaged owned businesses as those terms are defined by the Commonwealth’s Supplier Diversity office. The MBTA further recognizes the importance of meaningful partnerships involving subcontracting with certified small minority, women and other disadvantaged owned businesses.

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

All information received from each Bidder will be treated as confidential information and will not be distributed prior to Contract execution, other than for the purpose of evaluation of the Response.

6.2 Responsiveness Review and Basis of Award

Award will be made to the lowest priced responsive Bid and responsible Bidder. The MBTA reserves the right, in its sole discretion, to determine if a Bid is responsive and the Bidder is responsible. In determining whether a Bidder has the ability to perform successfully under the terms and conditions of the proposed procurement, the MBTA will consider such matters as the Bidder’s integrity, compliance with public policy (e.g., EEO record, attainment of DBE goal, debarment status, etc.), record of past performance, specific minimum requirements detailed in the RFP (if any), and financial and technical resources. Bidder is required to complete Form A: Pre-Award Bidder Evaluation Data Form.

The MBTA may also exclude from consideration any Bidder whose Response contains a material misrepresentation.

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COMMBUYS Bid: BD-23-1206-40000-40000-83487

6.3 Scope of Proposal

Pursuant to this Request for Proposals (“RFP”), Bidders and Bids are required to comply with the terms and conditions stated herein in order to be deemed responsive and responsible. If a Bid does not meet all of the requirements listed in the solicitation, the Bidder’s proposal may be disqualified. Failure by the

Bidder to examine all information pertaining to this solicitation or participate in any scheduled on-site visits will be at the Bidder’s risk.

6.4 Rejection of Bid

The MBTA reserves the right to reject any and all Bids, in whole or in part, if such action is determined to be in the best interests of the Authority. Unless all Bids are rejected, award shall be made to the lowest priced responsive Bid and responsible Bidder.

6.5 Successful Bidder

The successful Bidder will be posted in the MBTA Business Center. All unsuccessful Bidders shall immediately return all confidential information to the MBTA.

6.6 MBTA Reserved

In connection with this RFP, the MBTA reserves to itself all rights (which rights shall be exercisable by the MBTA in its sole discretion) available to it under applicable laws, including without limitation, with or without cause and with or without notice, the right to:

a) Modify the RFP process in its sole discretion to address applicable law and/or the best interests of the MBTA.

b) Develop the work to be performed under the Contract in any manner that it, in its sole discretion, deems necessary. If the MBTA is unable to negotiate a Contract to its satisfaction with a Bidder, it may negotiate with the Bidder with the next highest ranked proposal, terminate this RFP and pursue other developments or solicitations relating to the work to be performed under the

Contract, or exercise such other rights under the provisions of Massachusetts law as it deems appropriate.

c) Cancel this RFP in whole or in part at any time prior to the execution by the MBTA of a Contract, without incurring any cost, obligations, or liabilities.

d) Issue a new Request for Proposals after withdrawal of this RFP.

e) Not select any Bidder or cancel this procurement.

f) Reject any and all submittals and Responses received at any time.

g) Modify all dates set or projected in this RFP.

h) Terminate evaluations of Responses received at any time.

i) Exclude any potential Bidder from submitting any response to the RFP based on failure to comply with any requirements of those documents.

j) Suspend and terminate Contract negotiations at any time, elect not to commence Contract negotiations with any responding Bidder, and engage in negotiations with the Bidder with the next highest ranked proposal if negotiations are unsuccessful with the apparent successful Bidder.

k) Issue addenda, supplements, and modifications to this RFP.

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COMMBUYS Bid: BD-23-1206-40000-40000-83487

l) Appoint an Evaluation Team to evaluate Responses, make recommendations to the MBTA and

MassDOT Boards of Directors, and seek the assistance of MBTA, MassDOT, and consultant technical experts in Response evaluations.

m) Require confirmation or clarification of information furnished by a Bidder, require revised or additional information from a Bidder concerning its Response, and require additional information to clarify the Response submitted in response to this RFP.

n) Conduct presentations with Bidders, identify a short-list of Bidders, and conduct on-site visits at

Bidder facilities.

o) Declare a competitive range, conduct discussions, and request Response revisions and best and final offers.

p) Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

q) Add or delete Bidder responsibilities from the information contained in this RFP.

r) Waive deficiencies in a Response, accept and review a non-conforming Response, or permit clarifications, revisions, or supplements to a Response.

s) Negotiate with a Bidder without being bound by any provision in its Response or choose to award and/or execute the Contract without negotiations.

t) Disqualify any Bidder that changes its submittal without MBTA approval.

u) Disqualify any Bidder under this RFP for violating any rules or requirements of the procurement set forth in this RFP or in any other communication from MBTA.

v) Delay issuance of notice to proceed after execution of the Contract.

w) Conduct all or any portion of the Scope of Work itself.

x) Exercise any other right reserved or afforded to the MBTA under this RFP.

This RFP does not commit the MBTA to enter into a Contract or proceed with the procurement described herein. The MBTA assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFP. All of such costs shall be borne solely by each Bidder.

In no event shall the MBTA be bound by, or liable for, any obligations with respect to the work to be performed under the Contract until such time (if at all) as the Contract, in form and substance satisfactory to the MBTA, has been executed and authorized by the MBTA and, then, only to the extent set forth therein; provided, however, that the foregoing disclaimer in this sentence shall not apply to the obligations of the MBTA to the Bidders during the procurement process, which obligations are expressly set forth in this RFP. In submitting a Response to the RFP, each Bidder is specifically acknowledging these disclaimers.

6.7 Appeal / Protest Procedures

Bid appeals / protests relative to this procurement will be reviewed and adjudicated in accordance with the MBTA's Appeals / Protest Procedure - Goods & Services. A copy of this procedure is available by contacting the Buyer assigned to this procurement and available online at www.mbta.com.

7. CONTRACT STRUCTURE

The contract (“Contract”) between the MBTA and the winning Bidder shall be formed by the following sections (“Sections”) of RFP #191-22 in order of precedence.

https://cdn.mbta.com/sites/default/files/business-center/mbta-appeals-protest-procedures-january-2018.pdf

RFP: 191-22 - 18 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

A. Any change orders or amendments, the most recent having precedence

B. Memorandum of Contract

C. Standard Contract and Terms & Conditions

D. Scope of Work

E. Contractor Proposal

F. Insurance Requirements

G. Contractor Fee for Service; Pricing & Invoicing

RFP: 191-22 - 19 - Rev: 11/21/2022

Enclosure 1 – Bid Cover Letter

Massachusetts Bay Transportation Authority

Attention: Procurement and Logistics Department

10 Park Plaza, Suite 2810

Boston, MA 02116

Instructions: Bidders shall complete the Bid Cover Letter below with their company name, total bid amount, and completed check boxes to indicate the bid documents that constitute their bid. The Bid

Cover Letter should be placed on the top of all bid documents when submitted to the MBTA.

RFP #: 191-22

Bidder (Company Name):

Total Bid Amount:

The undersigned Bidder having carefully examined and understood the documents included in the

Request for Proposals (“RFP”), hereby offers to MBTA the “Bid” as contained in the following responses enclosed with this letter:

Forms

Check to

Indicate

Submitted Bid

Documents

Form A: Authorized Signatory ☐

Form B: Pre-Award Bidder Evaluation Form ☐

Form C: Pricing Form ☐

Signed Section 9.4 Massachusetts Bay Transportation Authority

Standard Terms and Conditions

Bond Requirements :

Bid Deposit 5%, (bond or check)

Payment Bond 50%, Submit let ter from Surety that bonding is obtainable

Performance Bond 100%, Submit let ter from Surety that bonding is obtainable

Proof of Insurance, MBTA to be named as addit ionally insured ☐

The undersigned, identified as Bidder, declares that Bidder has carefully reviewed and examined the contents of this Request for Proposal and all attached documents.

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COMMBUYS Bid: BD-23-1206-40000-40000-83487

After review of all RFP and RFP attachments and attesting to understanding and acceptance of same, the undersigned Bidder proposes to furnish all necessary labor, materials, equipment, machinery and tools required to complete the Work as described and specified in the Contract Documents.

This proposal includes a Bid Deposit in the form of: (1) a bid bond or (2) a certified check on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company, payable to Massachusetts

Bay Transportation Authority, in the amount of 5% of the Total Amount of Bid identified herein.

In submitting this Bid, Bidder represents that:

1. Bidder has examined copies of all the Contract Documents, including any Addenda thereto.

2. Bidder has examined the legal requirements (federal, stated, and local laws, ordinances, rules, and regulations) and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary to complete this Bid and carry out the Work in accordance therewith.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further agrees to perform the Work in its entirety in accordance with the Contract

Documents within the prescribed time, and to the total and complete satisfaction of the Massachusetts

Bay Transportation Authority and in accordance with pricing response submitted.

Bidder (company name):

Authorized Representative Name:

(BLOCK LETTERS)

Authorized Representative’s Signature:

Tit le:

Date:

RFP: 191-22 - 21 - Rev: 11/21/2022

Form A: Authorized Signatory

Vote of Corporation, Authorized Signatory

At a meeting of the Board of Directors of _____________________________, held on the _______ day of

___________, 20____, at which all the Directors were present or waived notice, it was VOTED, that, __________________________________, who is the duly elected _____________________________ of this company be and hereby is authorized to execute contracts, bonds and other instruments in the name of and behalf of said company and affix its corporate seal thereto; and such execution by said

___________________________ of any contract or other instrument or obligation in this company’s name and on its behalf by such __________________________ of the company under seal, shall be valid and binding upon this company.

A True Copy Attest:

Clerk: _____________________________________

I, ________________________, hereby certify that I am the Clerk of __________________ and that __________________________ is duly elected __________________ of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of this date.

[Name of Company]

[Name of Officer] [Title of Officer]

[Name of Officer]

[Title of Officer]

[Signature]

[Print Name and Title]

[Business Address]

[Date]

[Name of Clerk] [Name of Company]

[Name of Officer] [Title of Officer]

RFP: 191-22 - 22 - Rev: 11/21/2022

Clerk [Corporate Seal]

RFP: 191-22 - 23 - Rev: 11/21/2022

COMMBUYS Bid: BD-23-1206-40000-40000-83487

Form B: Pre-Award Bidder Evaluation Data Form

Pre-Award Bidder Evaluation Data

Name of Firm:

Federal Identification Number:

Legal Address:

Contact Name:

Telephone Number:

Email:

Please select one:

☐ Individual ☐ Partnership ☐ Corporation ☐ Joint Venture ☐ LLC

Date Organized: State Incorporated:

Names of Officers or Partners:

Please provide details of any litigation, suits, or court action taken or pending against Bidder below:

Please provide the…