RFQ Q50527 Request for Quotations.pdf

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

REQUEST FOR QUOTATIONS

TO ALL PROSPECTIVE QUOTERS:

RFQ No. Q50527 Advertising Date: June 04, 2024 RFQ Title: Procurement of Railway Protective (Flagging) Services Email Quotation Responses to: Charlette Davison Moore, cdavison@itsmarta.com

RFQ Deadline: June 18, 2024 at 2:00 p.m. (local time)

The Metropolitan Atlanta Rapid Transit Authority (“MARTA” or the “Authority”) is soliciting quotes from firms to provide railway protective (flagging) services for MARTA’s Department of Capital Programs and Delivery pursuant to the terms and conditions contained in Part 4 (“Contract”) of the RFQ. All Quotations must be received by MARTA no later than the RFQ deadline set forth above. Quotes received after the RFQ deadline will not be considered/reviewed and will be rejected.

Any questions regarding this procurement must be submitted in writing to MARTA’s contact person, Charlette Davison Moore, Senior Contract Specialist via electronic mail at cdavison@itsmarta.com, on or before 11:59 p.m. (local time) on June 07, 2024. Questions submitted after the designated period will not be considered by MARTA. Responses to inquiries will be posted to MARTA’s website at www.itsmarta.com.

All Quoters (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement.

No quotation of $200,000 or more will be considered.

Each quote submitted to MARTA will become the property of MARTA, without compensation to Quoter, for MARTA’s use, in MARTA’s sole discretion. Conditions placed upon a quote or exceptions to the terms of this RFQ (or the Contract) may result in MARTA deeming the quotation non-responsible.

If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Quoter a Contract substantially in the form included in this solicitation document.

Djuana Herron Manager of Contracts

DocuSign Envelope ID: 88115A25-C9BA-47DB-9023-6C1D8A22CA6F mailto:cdavison@itsmarta.com mailto:cdavison@itsmarta.com http://www.itsmarta.com/

REQUEST FOR QUOTATIONS

RFQ Q50527: PROCUREMENT OF RAILWAY PROTECTIVE (FLAGGING) SERVICES

PART 1: INFORMATION AND INSTRUCTIONS TO QUOTERS

1. Minimum Qualifications

2. No Offer by MARTA; Firm Offer by Quoter

3. Pre-Quote Conference

4. Quote Evaluation, Award and Multiple Awards; Trade Names and Alternatives

5. Cancellation of RFQ; Waiver of Technicalities

6. Georgia Open Records Act

7. Representation

8. Protests

PART 2: SUBMITTAL FORMS

1. Checklist

2. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

a. Contract Affidavit (Form 1a)

b. Subcontractor Affidavit (Form 1b)

c. Sub-Subcontractor Affidavit (Form 1c)

3. Acknowledgement of Addenda (Form 2)

4. Quotation Form (Form 3)

5. No Conflict of Interest (Form 4)

6. List of Proposed Subcontractors (Form 5)

7. Qualifications and Business References (Form 6)

8. Certification of Primary Participant Regarding Debarment, Suspension, and Other

Responsibility Matters (Form 7)

9. Certification of Lower-Tier Participant Regarding Debarment, Suspension, and Other

Ineligibility and Voluntary Exclusion (Form 8)

10. Certification Regarding Lobbying (Form 9)

11. Disclosure of Lobbying Activities (Form 10)

12. Appendix A: Office of Diversity and Inclusion Requirements

PART 3: FORM OF SERVICES CONTRACT

1. Contract

2. Exhibit A: Scope of Work

3. Exhibit B: Special Terms and Conditions

4. Exhibit C: Payment Terms

5. Exhibit D: Additional Insurance and Bonding Requirements

6. Exhibit E: No Conflict of Interest

7. Appendix A: Office of Diversity and Inclusion Requirements

PART 1: INFORMATION AND INSTRUCTIONS TO QUOTERS

REQUEST FOR QUOTATIONS NUMBER Q50527

PROCUREMENT OF RAILWAY PROTECTIVE (FLAGGING) SERVICES

Quotations shall be prepared, submitted, and considered in accordance with the following instructions, as the same may be modified from time to time in writing by MARTA, in this Request for Quotations Number Q50527 (“RFQ”):

1. MINIMUM QUALIFICATIONS.

(a) To participate in this procurement, Quoter must satisfy the qualifications required by this RFQ. Where the Quoter is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Quoter (i.e., over 50% ownership) must meet the minimum requirements set forth in this RFQ. Additionally, prior to execution of the Contract, the successful Quoter will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia. Quoter (or an entity comprising Quoter) must not submit more than one quote under the same or different names or as part of multiple organizations.

Any Quoter or entity comprising Quoter that submits more than one quote in response to this solicitation shall be deemed non-responsive. NOTE: This restriction set forth in this paragraph is not applicable to subcontractors. By submitting a quote in response to this RFQ, the Quoter represents and warrants to MARTA that Quoter has or will acquire all of the licenses, certifications, permits, bonding capacity and insurance to perform the work set forth in the Contract. By submitting a quote concerning this procurement, Quoter acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, all of MARTA’s policies and procedures (as the same may change from time to time), all of which are incorporated into this RFQ by this reference.

(b) The Quoter must demonstrate competence and experience in the areas of expertise outlined in the Contract. In particular, qualified companies should comply with the following:

1. The Quoter must be approved to provide railway protective services by

Norfolk Southern Railway Company. Project support will be assigned to Flagging Company approved by Norfolk Southern Management for all departments and Norfolk Southern Railway Company affiliated and subsidiary companies.

2. NO OFFER BY MARTA; FIRM OFFER BY QUOTER. This procurement does not constitute an offer by MARTA to enter into an agreement and cannot be accepted by any Quoter to form an agreement. This procurement is only an invitation for offers from interested Quoters and no offer shall bind MARTA. However, Quoter’s offer is a firm offer to MARTA for a period of 120 calendar days from the quote deadline date and may not be withdrawn during such 120-day time period.

3. PRE-QUOTE CONFERENCE.

(a) Reserved.

4. QUOTE EVALUATION, AWARD AND MULTIPLE AWARDS; TRADE NAMES AND

ALTERNATIVES.

(i) MARTA shall determine which Quoters are responsive and responsible.

Each responsive and responsible Quote received by MARTA constitutes an offer to perform the Contract upon the terms and conditions contained in the Contract for the prices contained on the Quote Form, which may be accepted by MARTA giving the successful Quoter notice of award during the period set forth in Section 4 hereinabove.

(ii) Before any award is made, MARTA will evaluate the Quote Form and all of the information supplied by Quoter in response to this RFQ. To be considered for award, a Quoter must be technically and financially qualified to perform the Contract as determined by MARTA and meet all conditions in the Contract. MARTA reserves the right to accept a Quote other than the lowest, if it determines that MARTA’s interests will be best served by doing so, or to reject all Quotes or parts of Quotes received.

(iii) Multiple Award. The Authority reserves in its sole discretion, the option to award to multiple Quoters. The award(s) will be based on the quotes(s) in their entirety or by components. MARTA may award a single contract to one Quoter for all.

(iv) Reserved.

12. CANCELLATION OF RFQ; WAIVER OF TECHNICALITIES. MARTA reserves the right to waive any technical defect in a quotation before or after quotation submission. MARTA also reserves the right to cancel this RFQ at any time for any reason or no reason. Additionally, MARTA may in accordance with applicable law, by addendum, modify any provision or part of this RFQ at any time prior to the quotation due date and time. The Quoter shall not rely on oral clarifications to the RFQ unless they are confirmed, in writing, by MARTA in an issued addendum. MARTA also reserves the right to award based upon a Quoter’s original submission without discussion.

13. GEORGIA OPEN RECORDS ACT. Information provided to MARTA is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

14. REPRESENTATION. By submitting a quote in response to this RFQ, Quoter acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the Quoter an affiliate of a high cost lender or a predatory lender, as described in Chapter 6A of Title 7 of the Official Code of Georgia Annotated (“Code”); (b) it has read all of the RFQ documents (including, without limitation, the Contract), including all addenda issued and acknowledges that, if successful, Quoter shall be bound by the requirements stated therein; (c) the signatory to the Quote is the Quoter (or Quoter’s duly authorized agent or employee of the Quoter with the authority to bind Quoter hereto); (d) any information or disclosure provided in response to this RFQ are fully restated herein and remain truthful and accurate representations up to and including the date Quoter submits its Quote to MARTA; (e) MARTA will not agree to make any substantive revisions to the Contract; (f) it will be bound by MARTA’s Code of Ethics available at https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20- 23.pdf, as the same may be amended from time to time in MARTA’s sole discretion; and

(g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

Quoter acknowledges and agrees that in the event of a conflict between the RFQ in the Quoter’s possession and the version maintained by MARTA, the version maintained by MARTA shall govern.

15. PROTESTS. Any protest or objection to this RFQ or the solicitation process must be submitted, in a timely manner, in accordance with the Protest Procedures set forth on MARTA’s website at https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-

%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf.

DocuSign Envelope ID: 88115A25-C9BA-47DB-9023-6C1D8A22CA6F https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20-23.pdf https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20-23.pdf https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20-23.pdf https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf

PART 2: REQUIRED SUBMITTAL FORMS

(Check List)

This Checklist is being provided for information purposes only. Quoters are responsible for reviewing the entire solicitation document and remitting all required and/or requested information and submittals. Please include the checklist with your Quote, however, failure to remit the Checklist will not result in the Quoter being deemed non-responsive.

Complete, sign, notarize (if applicable) and submit all forms listed below:

Illegal Immigration Reform and Enforcement Act Affidavit [must be returned with Quote] (Form 1) Contract Affidavit [must be returned with Quote] (Form 1a) Subcontractor Affidavit (Form 1b) Sub-Subcontractor Affidavit (Form 1c)

Acknowledgement of Addenda [must be returned with Quote] (Form 2) Quotation Form [must be returned with Quote] (Form 3) No Conflict of Interest [must be returned with Quote] (Form 4) List of Proposed Subcontractors (Form 5) Qualifications and Business References (Form 6) Certification of Primary Participants Regarding Debarment, Suspension, and Other

Ineligibility and Voluntary Exclusion [must be returned with Quote] (Form 7) Certification of Lower-Tier Participant Regarding Debarment, Suspension, and Other

Ineligibility and Voluntary Exclusion [must be returned with Quote] (Form 8) Certification Regarding Lobbying [must be returned with Quote] (Form 9) Disclosure of Lobbying Activities [must be returned with Quote] (Form 10) Appendix A: Office of Diversity and Inclusion Requirements

FORM 1

ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT FORMS

All Quoters must comply with the Illegal Immigration Reform and Enforcement Act of 2011, O.G.G.A § 13-10-90, et seq. (“IIREA”). Pursuant to the Act, the Quoter must provide with its quote proof of its registration which must contain User ID Number and Date of Registration and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. For additional information on the E-Verify program or to enroll in the program, go to https://e-verify.uscis.gov/enroll. Under state law, MARTA cannot consider any quote which does not include a completed Contractor’s Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. Quoters must familiarize themselves with IIREA and are solely responsible for ensuring their compliance therewith. Quoters may not rely on these instructions for that purpose. These instructions are offered only as a convenience to assist Quoters in complying with the requirements of MARTA’s procurement process and the terms of this RFQ.

1. Where the business structure of a Quoter is such that Quoter is required to obtain an

Employer Identification Number (EIN) from the Internal Revenue Service, Quoter must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Quoter itself (see Example 1 below). Where the business structure of a Quoter does not require it to obtain an EIN, each entity comprising Quoter must submit a separate Contractor Affidavit (see Example 2 below).

Example 1: ABC, Inc. and XYZ, Inc. form and submit a quote/quote/proposal as

TransitService, LLC. TransitService, LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of TransitService, LLC which includes the Federal Work Authorization User ID Number issued to TransitService, LLC.

Example 2: ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a quote/quote/proposal under the name TransitService, JV. If, based on the nature of the JV agreement, TransitService, JV is not required to obtain an Employer Identification Number from the IRS. The quote/quote/proposal submitted by TransitService, JV must include both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.

2. All Contractor Affidavits must be executed by an authorized representative of the entity named in the Affidavit. Contractors utilizing any subcontractors are required to have each subcontractor and sub-subcontractor complete Forms 1b and 1c prior to the award of the contract.

https://e-verify.uscis.gov/enroll

FORM 1a Contractor Affidavit

O.C.G.A. § 13-10-91(b)(1)

By executing this Contractor Affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor: ________________________________________________

Name of Project: ________________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

Printed name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ____ DAY OF _________, 2024

NOTARY PUBLIC

My Commission Expires:

FORM 1b Subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(3)

By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor, subcontractor shall forward, within five business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Subcontractor: ____________________________________________________

Name of Project: ____________________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

Printed name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ____ DAY OF _________, 2024

NOTARY PUBLIC

FORM 1c Sub-subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for _______________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and _______________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A.§13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. §13-10- 91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to __________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to ____________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Sub-Subcontractor: ___________________________________________

Name of Project: ___________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent Printed name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ____ DAY OF _________, 2024

NOTARY PUBLIC

FORM 2

ACKNOWLEDGMENT OF ADDENDA

Each Quoter must complete and submit an acknowledgement with its quote, that it has received all Addenda issued by MARTA for this solicitation. If none were issued check the box next to the word “NONE” below. This form has been included and may be used to satisfy this requirement.

This is to acknowledge receipt of the following Addenda for RFQ Q50527: Procurement of Railway Protective (Flagging) Services.

NONE [ ]

Addenda # Date

1. _____________________________________ ______________________;

2. _____________________________________ ______________________;

3. _____________________________________ ______________________;

4. _____________________________________ ______________________;

5. _____________________________________ ______________________;

6. _____________________________________ ______________________;

7. _____________________________________ ______________________;

8. _____________________________________ ______________________;

9. _____________________________________ ______________________; and

10. _____________________________________ ______________________.

Date:_______________, 20_____

Corporate Quoter:

[Insert Corporate Quoter Name]

By:

Print Name:

Title:

Corporate Secretary/Assistant Secretary (Corporate Seal)

Date: __________________, 20_____

Non-Corporate Quoter: [Insert Non- Corporate Quoter Name]

Print Name:

Notary Public (Seal)

FORM 3

QUOTATION FORM

On and as of ____________________, 2024, the undersigned, having examined carefully and become familiar with the (a) accompanying Request for Quotations for RFQ No. Q50527:

Procurement of Railway Protective (Flagging) Services (“RFQ”); (b) any addenda to the RFQ;

and (c) the Contract (as defined in the RFQ) being solicited by the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), hereby submits this quote to MARTA in response to RFQ No.

Q50527.

In compliance with RFQ Q50527 and the attached Contract, the undersigned hereby covenants and agrees to perform all Services in accordance with the Scope of Work and terms and conditions set forth in the Contract at the prices set forth in this quotation. The undersigned certifies that the only person or parties interested in this quotation as principals are those named herein, and that this quotation is made without collusion with any other person, firm, or corporation.

The quantity shown on the Quote Form as the "Estimated Quantity" for each item is an estimated quantity only for the purpose of comparing quotes. The Contractor shall deliver the product, at the prices quoted, in such quantities as the Authority orders. The Authority does not guarantee that the actual quantity of work under the Contract will exceed, equal, or approximate these estimates.

In the event of a discrepancy between the Unit Price and the Extended Price, the Unit Price quoted will be deemed by MARTA as the intended price being quoted by the Quoter and the Extended Price (as well as the Quote Total) shall be adjusted accordingly. In the event of a discrepancy between the sum of the Extended Price and the Quote Total, the sum of the Extended Price shall govern and the Quote Total shall be adjusted accordingly.

Execution. The Quote Form must be signed by an authorized employee or representative of the Quoter.

Modifications/Edits. Quoter shall not delete, modify or supplement the printed matter on the Quote Form or make any substitutions therefor unless specifically permitted (or directed) on the Quote Form.

FORM 3

QUOTATION FORM

RFQ NUMBER Q50527

In witness whereof, the Quoter hereto has executed this Quotation Form this day of , 2024.

ITEM # DESCRIPTION ESTIMATED

HOURS

(A)

HOURLY RATE

(B)

EXTENDED

PRICE

(AxB)

1. Railway Protective (Flagging) Services

2080 $ $

QUOTATION TOTAL $

Note(s): 1. Day Rate (“Hourly Rate”) for NFS Flagging and Observation is based upon working a (12) twelve-hour shift/day. Rate will be all inclusive and will include vehicle, cell phone, and computer access (if applicable).

2. Estimated Hours is equal to, at minimum, 120 shifts.

3. No up charge for holiday and/or weekend pay.

4. Flagging company will furnish their employees with all tools and equipment necessary to perform general duties as described in the SOW.

5. In the event an employee’s hours go over 12 hours shift/day, the Authority will pay one-half day rate in addition to the standard rate for that day’s total charge.

QUOTER:

Company Name:

Street Address:

City: State: Zip:

Telephone Number: Email Address:

[Signature Page Follows]

[Remainder of Page Intentionally Left Blank]

Corporate Quoter:

[Insert Corporate Quoter Name]

Print Name: _________________________

Corporate Secretary/Assistant Secretary (Corporate Seal)

Non-Corporate Quoter:

[Insert Non-Corporate Quoter Name]

Print Name: _________________________

Notary Public (Seal)

THE QUOTATION FORM MUST BE SIGNED IN ORDER TO BE CONSIDERED FOR AWARD.

FORM 4

NO CONFLICT OF INTEREST

Except as may be identified and explained below, the undersigned hereby certifies that: (a) no member of the Board of Directors, officer, and employee of the Metropolitan Atlanta Rapid Transit Authority; (b) no elected, appointed, and employed official or employee of the State of Georgia and of a governing body, instrumentality, or political subdivision within the territory comprising the Counties of Fulton, DeKalb or Clayton, Georgia; (c) no relative of any persons described above; (d) no member of and delegate to the Congress of the United States has an interest whatsoever in Quoter’s organization and in the proceeds of a Contract and agreement which might be made between Quoter and the Metropolitan Atlanta Rapid Transit Authority as a result of the, quote, or qualification statement accompanied by this certification; and (e) no person who is or who during the past six months has been a member of the Board of Directors, an officer, or an employee of the Metropolitan Atlanta Rapid Transit Authority is employed by or on behalf of the Quoter’s organization.

The undersigned certifies that he/she is legally authorized by the Quoter to make the above representation, and that the representation is true to the best of his/her knowledge and belief and without deliberate omission of any inquiry which would to the best of his/her belief tend to change the above representation. The undersigned understands that any representation made knowing it to be false may disqualify the Quoter from being awarded the Contract and future work by MARTA.

NOTE: THIS CERTIFICATION MUST BE COMPLETED, SIGN AND SUBMITTED TO MARTA.

Signature:

Print Name:

Title: Telephone #:

Email Address: ______

Name of Quoter Company:

Address:

FORM 5

LIST OF PROPOSED SUBCONTRACTORS

1. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

AGE OF FIRM: _______YEAR(S) ________ MONTH(S) ❑ DBE ❑ NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

❑ $0 - $99,999 ❑ $100,000 - $499,999 ❑$500,000 - $999,999 ❑$1,000,000 - $4,999,999

❑ $5,000,000 - $9,999,999 ❑$10,000,000 - $14,999,999 ❑$15,000,000 – 24,999,999

2. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

3. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

(use additional sheet(s) if needed)

FORM 6

QUALIFICATIONS AND BUSINESS REFERENCES

Name of Quoter:

Social Security Number (if Individual)

Federal ID Number

1. Are you registered to do business in Georgia? Yes No

Business Classification: ______________________

2. Is your company licensed to do Business in the State of Georgia? Yes No Business License Number: ____________________

3. Please mark the appropriate classification of your organization.

Individual Partnership Corporation

Limited Liability Company Joint Venture S Corporation

Please identify the State which your organization is incorporated. _________________

If a partnership, list names and addresses of partners; if a corporation, list names of officers and directors and State of Incorporation; if a joint venture, list names and addresses of ventures and, if any venturer is a corporation, partnership, or joint venture, list the same information for each such corporation, partnership, and joint venture.

4. How many years has your organization been in business under your present business name?

____ yrs.

5. How many years of experience has your organization had in work similar to the work of this

Contract?

(a) As a prime contractor? (b) As a subcontractor?

6. List all the contracts which your organization has completed during the last 5 years which demonstrate the qualifications to perform the work of this Contract which your firm has provided services of similar size and scope. (For joint venture work, show the sponsoring individual or company.) Use additional sheet(s), using the same format (s) below as needed.

Customer Organization Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

Contact Person Name: Contact Person Number:

Contact Person Email Address:

Project Name or Service Description:

Customer Organization Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

Contact Person Name: Contact Person Number:

Contact Person Email Address:

Project Name or Service Description:

7. Have you or your organization, or any officer or partner thereof, failed to complete a contract?

If so, provide details

8. Financial information for last two (2) years:

Year Ending: Year Ending:

Total Gross Sales $ $

Net Profit (Loss) $ $

Current Assets $ $

Current Liabilities $ $

Audited Financial Statements Available?

Yes No Yes No

9. Is any litigation pending against your organization or has your organization been engaged in any litigation or adversarial proceedings within the last five (5) years? [Check the correct response below:]

Yes No

If the response is yes, please provide a detailed description of each proceeding below:

(Use additional pages if necessary.)

The undersigned certifies that he/she is legally authorized by the Quoter to make the statements and representations contained in this form, and represents and warrants that the foregoing information is true and accurate to the best of his knowledge, and intends that the Metropolitan Atlanta Rapid Transit Authority rely thereon in awarding the Contract.

RESPONDENT NAME:

DATE OF SIGNING:

SIGNATURE:

TITLE:

QUOTER MAY USE ADDITIONAL SHEETS IF NECESSARY TO RESPOND TO ANY

QUESTION(S).

FORM 7

CERTIFICATION OF PRIMARY PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The Primary Participant (potential Contractor for a major third-party contract), , certifies to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default.

(If the primary participant is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PRIMARY PARTICIPANT, (POTENTIAL CONTRACTOR FOR A MAJOR THIRD-PARTY CONTRACT)

, CERTIFIES OR AFFIRMS THE TRUTHFULNESS

AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS

CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ.

ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

FORM 8

CERTIFICATION OF LOWER-TIER PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, AND OTHER

INELIGIBILITY AND VOLUNTARY EXCLUSION

The Lower-Tier Participant (potential subcontractor under a major third party contract), certifies by submission of this proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(If the Lower-Tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.)

THE LOWER-TIER PARTICIPANT (POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD-PARTY

CONTRACT) , CERTIFIES OR AFFIRMS THE

TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH

THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET

SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

FORM 9

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence a member of the Board of Directors, officer, or employee of the Metropolitan Atlanta Rapid Transit Authority, or any elected, appointed, or employed official or employee of the State of Georgia, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, or the amendment or modification of any Federal contract.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a member of the Board of Directors, officer, or employee of the Metropolitan Atlanta Rapid Transit Authority, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal Contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award of all subcontracts anticipated to be of a value of $100,000 or more and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: Date:

Title: Telephone No.:

Firm or Corporate Name:

FORM 10

DISCLOSURE OF LOBBYING ACTIVITIES

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure)

1. Type of Federal Action:

[ ] a. contract

b. grant

c. cooperative agreement

d. load

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

[ ] a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

[ ] a. initial filing

b. material change For Material Change Only:

Year ______ quarter ________ Date of last report ___________

Name and Address of Reporting Entity:

[ ] Prime [ ] Subawardee tier ___________, if known:

Congressional District, if known

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known

4. Federal Department/Agency:

7. Federal Program Name/Description:

CFDA Number if applicable: _____________

8. Federal Action Number, if known:

9. Award Amount, if known:

10. a. Name and address of Lobbying Entity

(if individual, last name, first name, MI):

(Attach Continuation Sheet(s) SF-LLL-A, if necessary

b. Individuals Performing Services (including address if different from No. 10a)

(Attach Continuation Sheet(s) SF-LLL-A, if necessary

11. Amount of Payment (check all that apply):

$ ______________[ ] actual [ ] planned

13. Type of Payment (check all that apply):

[ ] a. retainer [ ] b. one-time fee [ } c. commission [ ] d. contingent fee [ ] e. deferred [ ] f. other, specify: _______________

12. Form of Payment (check all that apply):

[ ] a. cash [ ] b. in-kind; specify: nature____________ value____________

14. Brief Description of Services Performed or to be Performed and Date(s) of service, including officer(s), employee(s), or Members contacted, for Payment Indicated in Item 11:*

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuation Sheet(s) SF-LLL-A attached: [ ] Yes [ ] No

16. Information requested through this form is authorized by Title 31 U.S. C.

section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection.

Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _______________________________________________________

Print Name: ______________________________________________________

Title: ___________________________________________________________

Telephone No.: ________________________ Date: ________________

Federal Use Only:

Authorized for Local Reproduction Standard Form-LLL

APPENDIX A

OFFICE OF DIVERSITY AND INCLUSION REQUIREMENTS

Quoters are: (i) strongly encouraged to consider the use of Small Business Enterprises (“SBE(s)”) in all aspects of the Contract that will be awarded and; (ii) will be required to document their good faith efforts in this regard as an integral part of their Quote. Refer to the Equal Employment Opportunity and Small Business

Enterprise Requirements.

(i) A current listing of SBE’s certified with the Georgia Unified Certification Program DBE Directory, as the same may change from time to time, is located at: http://www.dot.ga.gov/PS/Business/DBE#tab-2.

(ii) MARTA has assigned a 0% goal for Small Business Enterprise participation in this project.

See the attached forms.

http://www.dot.ga.gov/PS/Business/DBE#tab-2

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

OFFICE OF DIVERSITY AND INCLUSION

SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

EEO STATISTICAL DATA

Contract #RFQ Q50527 - Procurement of Railway Protective (Flagging) Services

Employment Data as of: _____________________ ___________________ ________________________________________ Company Location Contract Name

The Quoter shall provide the following information pertaining to its workforce. If the Quoter has an Atlanta-area workforce, it should be shown; if the Quoter does not have an Atlanta-area workforce, total permanent workforce should be shown.

The above reflects (check one): Atlanta-area workforce Total permanent workforce (outside Atlanta area)

Firm’s Name Signature /Title Date

JOB CATEGORIES

ALL EMPLOYEES TOTAL MINORITY EMPLOYEES

TOTAL

MALES AND

FEMALES MALES FEMALES

MALES FEMALES

BLACK

ASIAN

AMERICAN

AMERICAN

INDIAN HISPANIC BLACK

ASIAN

AMERICAN

AMERICAN

INDIAN HISPANIC

Officers

Managers

Supervisors

Professionals

Technicians

Sales Workers

Office & Clerical

Craftsman (skilled)

Operatives (semi-skilled)

Laborers (unskilled)

Service Workers

Apprentices

TOTALS

July 2019 D & I/SBE Page 1 of 1

METROPOLITAN ATLANTA RADID TRANSIT AUTHORITY

OFFICE OF DIVERSITY AND INCLUSION

SCHEDULE OF SMALL BUSINESS ENTERPRISE (SBE) UTILIZATION PLAN

Contract # RFQ Q50527 - Procurement of Railway Protective (Flagging) Services

As specified in Part I, Section 18 of the Equal Opportunity and Small Business Utilization specifications, Contractors are to present the following details.

Name of

Contractor/Subcontractor

S

B

E

D

B

E

M

B

E

W

B

E

Race Gender

Point of Contact:

Name/Phone Number/Address

Type of work and contract item or parts thereof to be performed

Agreed Upon Contract Amount

Total

CERTIFICATION

The undersigned certifies that he/she has read, understands, and agrees to be bound by Parts I and III of this Request for Quote, including the accompanying Exhibits, regarding Equal Opportunity assurances and

SBE, and the other terms and conditions of the Request for Quote. The undersigned further certifies that he/she is legally authorized by the Contractor to make the statements and representations in this Part I and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter-into formal agreement(s) with SBE(s) which are otherwise deemed by the

Authority to be technically responsible and certified to perform the work listed above.

Print Name: ________________________________ Signature: ____________________________________ Title: ____________________________ Date of Signing: _________________________

Firm or Corporate name: ______________________________________________ Telephone: __________________________________ Fax: _____________________________________________

Address:_________________________________________________________________________________________________________________________________________________________

PART 3

RFQ NO. Q50527

FORM OF CONTRACT

See attached.

RFQ Q50527

PROCUREMENT OF RAILWAY PROTECTIVE (FLAGGING) SERVICES

FORM OF SERVICES CONTRACT

This Services Contract (“Contract”) is entered into and effective on and as of ___________, (“Effective Date”) by and between the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) and ________________, a ___________________________ (“Contractor”). MARTA and Contractor are collectively referred to herein as the “Parties” and each, individually, as a “Party.”

1. SERVICES.

(a) Service. Subject to the terms and conditions set forth herein, Contractor shall perform the services described in the statement of work attached hereto as Exhibit A (“Statement of Work,” “Scope of Work,” “Scope of Services” or “Services”). The Contractor shall perform the Services when ordered from time to time by MARTA or as stipulated in the Statement of Work. Contractor will be responsible for the cost of, obtaining, maintaining and complying with, and paying all fees and taxes associated with, all applicable licenses, authorizations, consents, approvals and permits required of Contractor in performing Services and complying with this Contract. Contractor acknowledges and agrees that MARTA is exempt from all State taxes, use taxes and federal excise taxes, and no provisions for such taxes should be included in any price proposal/quote and MARTA will not pay any such tax if included therein or otherwise invoiced.

(b) Contractor Costs. Unless otherwise expressly provided in this Contract, all materials, equipment, software, facilities and labor required for the proper performance of the Services shall be furnished by and be under the sole direction

Contract Name: Procurement of Railway Protective (Flagging) Services

Contract No: Q50527

Contractor: ______________________ MARTA Department: Capital Programs & Delivery

Address:

MARTA

2424 Piedmont Road, NE Atlanta, Georgia 30324-3330

Phone: _____________________________ Phone:_____________________________

Email:_____________________________ Email:_____________________________

Contractor’s Authorized Representative:

MARTA’s Authorized Representative:

___________________ (or his or her designee(s)) and control of Contractor and at Contractor’s sole expense. Contractor shall be responsible, at its sole cost, for procuring and using such resources in a professional and workmanlike manner at no additional cost to MARTA.

(c) Removal of Employees Assigned to MARTA Contract. Within a reasonable period, but not later that seven (7) days after Contractor’s receipt of notice from MARTA that the continued assignment to this Contract of any Contractor Employees is not in the best interests of MARTA or may create a conflict of interest (in MARTA’s sole determination), Contractor shall remove such Contractor Employee(s) from providing services under this Contract. Contractor will not be required to terminate the employment of such individual. Contractor will assume all costs associated with the replacement of any Contractor Employees. In addition, Contractor agrees to remove from this Contract any Contractor Employees who have engaged in willful misconduct or have committed a material breach of this Contract immediately after Contractor becomes aware of such misconduct or breach and notify MARTA of the same. For purposes of this Contract, the term “Contractor Employee(s)” shall mean all of Contractor’s employees, contractors, subcontractors, agents, including, without limitation, the employees, contractors, subcontractors, agents of Contractor’s partners or joint venture partners and any other individuals or entities providing any of the Services set forth in the Contract under the color of Contractor’s authority.

(d) Contractor Authorized Representative. Contractor designates the person(s) named herein above as its Contractor Authorized Representative (“Contractor Authorized Representative”) who shall: (a) be an employee within Contractor’s organization, with the information, authority and resources available to properly coordinate Contractor’s responsibilities under this Contract; (b) serve as primary interface and the single-point of communication for the provision of Services by Contractor; (c) have day-to-day responsibility and authority to address issues relating to the Services; and (d) devote adequate time and efforts to managing and coordinating the Services.

(e) MARTA Authorized Representative. MARTA designates the person(s) named herein above as its MARTA Authorized Representative(s) (“MARTA Authorized Representative”) who shall: (a) serve as primary interface and the primary point(s) of communication for the provision of Services; (b) have day-to-day responsibility to address issues relating to this Contract; and (c) to the extent provided under applicable law (and the policies and procedures of MARTA) as the same may change from time to time, have the authority to execute any additional documents or changes on behalf of MARTA.

2. TERM. The term of this Contract shall commence on the Effective Date and expire two (2) years after MARTA provides Contractor with a written Notice to Proceed, unless earlier terminated in accordance with the terms of this Contract. The term ‘Notice to Proceed’ for purposes of this Contract means a written instruction from MARTA to Contractor instructing the Contractor to commence work under this Contract.

3. OPTIONS TO…