T-1472-0150_FINAL IFB DOC.pdf

STATE OF MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

Invitation for Bids (IFB)

LR HOWARD STREET CBD EMBEDDED

TRACK REHABILIATION

IFB NO. T-1472-0150

DATE: MAY 12, 2022

NOTICE

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

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

Federally-funded Project ~Disadvantage Business Enterprises are encouraged to respond to this solicitation~

CONTRACT NO. T-1472-0150 | 2

LR HOWARD STREET CBD EMBEDDED TRACK REHABILITATION

CONTRACT NO. T-1472-0150

Table of Contents

DESCRIPTION OF WORK

CONTRACT DURATION

PRE-BID MEETING / SITE VISIT

DEADLINE FOR QUESTIONS

BID DUE DATE & TIME

DISADVANTAGE BUSINESS ENTERPRISE PROGRAM

BASIS FOR AWARD(S)

MULTIPLE OR ALTERNATE BIDS

TIE BIDS

DURATION OF BID

ELECTRONIC VERSION OF BID DOCUMENTS

AVAILABILITY OF DOCUMENTS

CONTRACT DRAWINGS

ADDENDA

BID BOND NOTICE

LIABILITY INSURANCE REQUIREMENTS

PERFORMANCE & PAYMENT BONDS

SURETY BOND ASSISTANCE PROGRAM

ELECTRONIC FUNDS TRANSFER

eMARYLAND MARKETPLACE ADVANTAGE REGULATIONS

VETERAN-OWNED SMALL BUSINESS ENTERPRISE PROGRAM

AFFIRMATIVE ACTION REQUIREMENTS

SUSPENSION AND DEBARMENT CERTIFICATION

CONTRACTOR’S QUESTIONNAIRE

INVESTMENT ACTIVITIES IN IRAN ACT

USE OF BIDDER’S OWN FORCES

PROTESTS/DISPUTES

CANCELLATION OR REJECTION OF BIDS

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INSTRUCTIONS TO BIDDERS

BID FORM

BID AFFIDAVIT

BID BOND FORM

REQUIRED ATTACHMENTS

REFERENCE ATTACHMENTS

SPECIFICATION BOOK

CONTRACT DRAWING BOOK

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION(MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids CONSTRUCTION: LR Howard Street CBD Embedded Track Rehabilitation

Solicitation Number: T-1472-0150

IFB Issue Date: May 12, 2022

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

Procurement Officer: Christie E. Williams, CPPB Procurement Office, 6 St. Paul St., Baltimore, MD 21202 e-mail:

Office Phone:

cwilliams@mdot.maryland.gov 410-767-3352

Bids are to be sent via: eMMA portal

Pre-Bid Conference: Pre-bid Conference at 10 A.M. Wednesday, May 25, 2022 via Microsoft Teams. The call-in number is (443) 409-5228 Conference ID # 714295028#. If you would like to join via Microsoft Teams, send your request to CWILLIAMS@MDOT.MARYLAND.GOV

Site Visits The Site Visit will be held on Wednesday, May 25, 2022 @ 2:30 pm.

Questions Due Date and Time Tuesday, May 31, 2022 at 4:00 PM Local Time

Bid Due (Closing) Date and Time:

Thursday June 23, 2022 at 2:00 PM Local Time

Public Bid Opening Date, Time and Location

Immediately following bids due, approximately 2:30 PM Local Time via Microsoft Teams

DBE Subcontracting Goal: 20.6%

Contract Type: Fixed Price

Contract Duration: 180 Calendar Days

Place of Performance: Baltimore City

Federal Funding 100%

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NO BID FORM

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

Bid/Proposal No.: T-1472-0150

Contract Title: LR Howard Street CBD Embedded Track Rehabilitation

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

Other commitments preclude our participation at this time.

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

We lack experience in the work/commodities required.

The scope of work is beyond our current capacity.

We cannot be competitive. (Please explain below.)

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

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

Time for completion is insufficient.

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

Doing business with government is simply too complicated.

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

Other:

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

Remarks:

OPTIONAL:

Vendor Name: Date:

Contact Info: Phone:

CONTRACT NO. T-1472-0150 | 6

MARYLAND TRANSIT ADMINISTRATION

LR Howard Street CBD Embedded Track Rehabilitation

CONTRACT NO.:T-1472-0150 DATE: 5/12/2022

NOTICE TO CONTRACTORS

DESCRIPTION OF WORK

A. This Contract is for the reconstruction of Light Rail tracks in Howard Street, in the

Central Business District area. The southern limit of work is approximately the street intersection of Howard Street and Camden Street, and the northern limit of work is approximately the intersection of Howard Street and Martin Luther King Jr. Boulevard. Exact limits of reconstruction are shown on the Contract Drawings.

B. The work includes:

1. Furnishing all materials for the reconstruction, except for Administration-furnished materials described in Article 1.10.

2. Completing, maintaining Contractor’s construction staging and temporary material storage areas and returning them to the owner(s) at the end of the project in good and clean condition.

3. Providing Administration Resident Engineer’s construction office, arranging for and providing utilities services, cleaning services, and provisioning it with office supplies.

4. Furnishing, setting up, maintaining, and removing temporary maintenance-of-traffic measures.

5. Furnishing, installing and maintaining erosion and sediment control measures.

6. Surveying required for setting rails to line and grade and for post-construction As-Built condition records.

7. Removal and replacement of running rails in embedded sections of track, including:

a. Removal of existing running rails, embedment concrete, and rail fastening plate assemblies.

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b. Installing new running rails and re-embedment of them using elastomeric grout.

8. Replacement of sections of embedded rails where they bridge track drainage troughs. Also, repair of damaged and spalled drainage troughs where indicated.

9. Replacement of cross-bonding and negative return electrical cables.

10. Patching and repair of damaged sections of concrete track slabs, also known as “spall repair”. Also, complete replacement of concrete pavement in tracks at the intersection of Howard Street and Saratoga Street.

11. Reconstruction of sections of ballasted track at the north end of the embedded track including coating rail with 1201 Glyptal or equivalent.

12. Repaving designated areas of asphalt paving and acceptance testing of material.

13. Replacing designated areas of pavement bricks with asphalt pavement and acceptance testing of material.

14. Performing all required quality and acceptance testing for materials, tracks, systems electrical, rail-to-earth resistance and pavement reconstruction.

15. Assisting MTA forces during track acceptance testing.

16. Cleanup of work sites after completion and acceptance of work by MTA.

CONTRACT DURATION

Pursuant to General Provisions Articles GP-8.02 and GP-8.03, commence work on or before the date specified in the Notice to Proceed (NTP) and complete the specified portions of the work within 180 calendar days (completion of all contract work).

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PRE-BID MEETING / SITE VISIT

Pre-bid Conference at 10 A.M. Wednesday, May 25, 2022 via zoom. The call-in number is (443) 409-5228 Conference ID # 714295028#. If you would like to join via Microsoft Teams, send your request to CWILLIAMS@MDOT.MARYLAND.GOV

A site visit will be conducted at 2:30 P.M. on Wednesday, May 25, 2022. Interested vendors must RSVP by sending company name, point of contact and email address to

CWILLIAMS@MDOT.MARYLAND.GOV

DEADLINE FOR QUESTIONS

Questions regarding the work should be directed in writing to Christie Williams At CWILLIAMS@MDOT.MARYLAND.GOV. Questions concerning this solicitation must be received no later than Tuesday, May 31, 2022 at the close of the business day. No interpretations other than written shall be binding on the Administration.

BID DUE DATE & TIME

Bids must be submitted through the eMMA portal and marked "Bid for Contract No. T-

1472-0150 LR HOWARD STREET CBD EMBEDDED TRACK REHABILITATION",

no later 2 P.M. local time, Thursday, June 23, 2022. At 2:30 P.M. , the Bids will be publicly opened through a virtual Microsoft Teams Meeting. To be included in the online public opening, interested vendors must RSVP by sending company name, point of contact and email address to CWILLIAMS@MDOT.MARYLAND.GOV no later than Wednesday, June 22, 2022. Offerors may also join the public opening by phone. The call-in number is (443)-409-5228 Conference ID # 262507356#.

DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

A SUBCONTRACTING GOAL OF 20.6% PERCENT HAS BEEN ESTABLISHED

FOR THIS PROCUREMENT.

A. Disadvantaged Business Enterprises are encouraged to respond to this solicitation notice.

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

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

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THE MARYLAND DEPARTMENT OF TRANSPORTATION. NO OTHER

CERTIFICATIONS WILL BE ACCEPTED.

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

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

WARNING – PLEASE READ:

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

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

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

Maryland’s MBE/DBE Directory will reflect the dual certification status beginning October 1, 2009. You can access the MBE/DBE Directory at https://mbe.mdot.maryland.gov/directory/search_select.asp. Firms with dual certification will now be listed as follows:

Example:

ABC Corporation, Inc.

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

BASIS FOR AWARD(S)

The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing

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the services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total on the Bid Form.

MULTIPLE OR ALTERNATE BIDS

Multiple and/or alternate Bids will not be accepted.

TIE BIDS

Tie Bids will be handled in accordance with COMAR 21.05.02.14.

DURATION OF BID

Bids submitted in response to this IFB are irrevocable for 180 calendar days following the closing date of the Bids. This irrevocable period is defined as the number of calendar days between the closing date of bids and the date on the Letter of Intent (LOI) sent to the Bidder (recommended awardee). This period may be extended at the Procurement Officer’s request only with the Bidder’s (recommended awardee’s) written agreement.

ELECTRONIC VERSION OF BID DOCUMENTS

The bid documents will be available by electronic means. The Bidder acknowledges and accepts full responsibility to ensure no changes are made to the bid documents. In the event of a conflict between the version of the bid documents in the bidder’s possession and the version maintained by the Procurement Officer, the version maintained by the Procurement Officer shall govern.

AVAILABILITY OF DOCUMENTS

Specifications may be downloaded from eMMA located at https://procurement.maryland.gov.

Bidders will be required to register the first time specifications are downloaded and a login number will be assigned. This number should be used every time the bidder downloads the documents for this contract. Bidders must supply accurate information in order to receive notice of all subsequent addenda.

CONTRACT DRAWINGS

See Appendix A- List of Contract Drawings in the Specification Book. Offerors who wish to obtain a copy of the 100% plan drawing for this project must send a request to CWILLIAMS@MDOT.MARYLAND.GOV. A Non-Disclosure Agreement must be signed and submitted to receive a copy of the plans. (See Contract Drawing Book for copy of NDA)

ADDENDA

Bidders are required to acknowledge all addenda by signing a copy of each addendum cover letter and include in their bid package.

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov&data=02%7C01%7CCWilliams%40mdot.maryland.gov%7C2d2c96d3f4264d8d388608d70eefcd5a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C636994295432321016&sdata=iUHTf1jxhSPb%2FqV9GP5BlJoSLk29cFznIjNwEMaZrEo%3D&reserved=0

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Although the MTA endeavors to send out all addenda to this solicitation in a timely manner, it is the responsibility of the Contractors to make sure they receive all appropriate documents prior to the bid due date.

BID BOND NOTICE

NOTICE OF BID SECURITY REQUIREMENTS:

Solicitations on all State construction contracts when the contract is expected to exceed $100,000 require the submission of bid security in an amount equal to 5 percent (5%) of the amount of the bid or price proposal except that, for bids stating a rate but not a total cost, the bid bond shall be in an amount as determined by the procurement officer. Bid security or evidence of the posting of bid security MUST be submitted with the bid or proposal. (See Bid Bond attachment)

If bid security is provided by a bidder in an amount less than that required by this regulation, the bid shall be rejected as nonresponsive, unless the procurement officer determines that the deficiency in the amount of security provided is insubstantial and acceptance is in the best interests of the State.

If a bidder or offeror is permitted to withdraw a bid or proposal before award because of a mistake in the bid or proposal, action may not be taken against the bid security. Otherwise, action may be taken against the bid security of a bidder or offeror that withdraws a bid or offer.

LIABILITY INSURANCE REQUIREMENTS

(Also see Insurance Premium Worksheet under “Required Attachments” section) In lieu of General Provision GP-7.14, Liability Insurance, the following shall prevail:

A. The Contractor shall forward to the Maryland Transit Administration prior to the execution of the Contract, a certificate of insurance issued by the insurer(s) and/or broker(s), including special endorsements. If requested by the Engineer, the Contractor shall provide a certified copy of the actual policies and endorsements in addition to certificates. The contractor shall procure and pay for insurance specified herein issued by companies licensed and authorized to do business in the State of Maryland and who have a minimum acceptable Best and/or S&P rating.

The Contractor shall furnish policies satisfactory to the Administration (hereinafter "Administration" refers to Maryland Transit Administration, Maryland Department of Transportation and the State of Maryland inclusively) as to contents and carrier, such insurance will contain the following provisions:

I . Thirty (30) days prior notice to the Administration of cancellation.

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2. Inclusion of the Administration, Engineer and their directors, officers, representatives, agents and employees as additional Insured as respects work or operations in connection with the Contract.

3. Endorsement providing that such insurance is primary insurance and no insurance of the Administration will be called in to contribute to a loss.

4. The Certificate of Insurance shall include the Contract Name and Number for identification purposes.

5. The Contractor agrees to indemnify, defend, and hold harmless the Administration from and against all loss or expense (including costs and attorney's fees) by reason of liability imposed by law upon the Administration for damages because of bodily injury, including death, at any time arising there from, sustained by any person or persons or on account of damage to property, including loss of use thereof arising out of or in consequence of the performance of this contract, whether such injuries to person(s) or damage to property are due or claimed to be due to the negligence of the Contractor, the Administration, their agents and employees, except only such injury or damage as shall have been occasioned by the sole negligence of the Administration. The above provisions are to be included in all subcontracts as specified herein under Paragraph D below.

B. If at any time above-required insurance policies should be canceled, terminated, or modified so that the insurance is not full force and effect as required herein, the Administration may terminate this Contract for default or obtain insurance coverage equal to the required herein, the cost of which shall be charged to the Contractor and deducted from any payments to the Contractor.

C. Insurance Coverage: The coverage of insurance under such policy or policies shall be at policy limits not less than as specified herein.

1. Worker's Compensation and Employers' Liability (Coverage B): Providing statutory coverage in the State of Maryland, to include all States endorsement, United States Longshoremenand Harbor-Workers' Compensation Act, and employer's Liability (Coverage B), with a minimum limit of $500,000.00.

2. An occurrence form Comprehensive General Liability: To include Contractual Liability, Broad Form Property damage, Explosion, Collapse, and Underground Coverage, and Products/Completed Operations Coverage. The Completed Operations Coverage shall remain in effect until two (2) years after the work has been accepted by the Administration. The Comprehensive General Liability Insuranceshall have a mm1mum combined single limit of $2,000,000.00 and shall at no time have a aggregate limit of less than $2,000,000.00.

3. Owners Protective Liability: Provide and maintain during the life of this Contract an Owners Protective Liability policy, insuring the Administration, their agents, servants, and employees from loss and liability to a combined single limit of $2,000,000.00 for Personal Injury and Property Damage and shall at not time have an aggregate limit of less than $2,000,000.00.

4. All Builder's Risk Insurance: To include fire, extended coverage, CONTRACT NO. T-1472-0150 | 13 vandalism, and malicious mischief, flood, and earthquake. This policy is to be written to completed value plus ten (I0) percent of the contract price. The policy shall included the Administration as a name insured as their interest may appear.

5. Comprehensive Business Automobile Liability: The policy or policies shall cover all automobiles defined as motor vehicles, whether owned, non- owned leased, or hired, to a minimum combined single limit for Bodily Injury and Property Damage of $2,000,000.00 and shall include, by endorsement, a waiver of subrogation with respect to the Administration.

Pollution liability coverage at least as broad as that provided under the ISO pollution liability - broadened coverage for covered autos endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS90) shall be attached.

Loading and unloading of any motor vehicle must be covered by endorsement to the automobile liability policy or policies.

6. Excess and/or Umbrella Liability insurance containing coverage no less restrictive than that required in the underlying policies specified above. The required primary insurance shall be listed as underlying coverage in the first layer umbrella policy. The umbrella policies shall contain a minimum total occurrence and aggregate limit of:

$5,000,000.

7. A. Contractor shall maintain in force for the full period of this contract insurance covering losses caused by pollution conditions that arise from the operations of the contractor described under the scope of services of this contract. Insurance shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy of insurance affording these required coverage's shall be written in an amount of at least $5,000,000 per loss, with an annual aggregate of at least $5,000,000.

B. The policy of insurance shall be endorsed to include as insured the MTA, its officers, and employees.

C. The policy of insurance as required in paragraph 1 shall be written by an insurer acceptable to the MTA.

D. If coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of five years beginning from the time that work under this contract is completed.

E. The existence of coverage must be documented on the certificate of insurance signed by a person authorized by the insurer to bind on its behalf coverage as described in the certificate. Such certificate shall be delivered to MTA before work under this contract commences.

8. lf the scope of services as defined in this contract includes the disposal of any hazardous or non-hazardous materials from the job site, the Contractor must furnish to

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the MTA evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract.

Coverage certified to the MTA under this paragraph must be maintained in minimum amounts of $5,000,000 per loss, with an annual aggregate of at least $5,000,000.

9. RAILROAD PROTECTIVE LIABILITY INSURANCE MAY BE REQUIRED

PER TASK ORDER IF THE WORK IS DONE WITHIN FIFTY (50) FEET OF THE

TRACK.

Maryland Transit Administration (MTA) will utilize an Owner Controlled Insurance Program (OCIP) for the Railroad Protective Liability Insurance only on this construction project. The amount should not be included in your base bid. This amount will only be added to the base bid in the event that the bidder is excluded from the wrap-up insurance program or the progran1is terminated mid-term.

Railroad Protective Insurance written on occurrence for CG00351093 for construction work performed on, over, or under a railroad right of way or within Fifty (50) feet of railroad property. The coverage limits are $5,000,000 per Occurrence and $10,000,000 aggregate.

MTA's Insurance Representative must be notified prior to any contractor or subcontractor beginning work within fifty (50) feet of the track.

PERFORMANCE & PAYMENT BONDS

(See Reference Attachments)

A performance and payment bond is required for all construction contracts in excess of $100,000. The performance bond shall be in an amount equal to one hundred percent (100%) of the contract price. The payment bond shall be in an amount equal to one hundred percent (100%) of the contract price. The Bond shall be on a form furnished by the MTA, underwritten by a surety authorized to do business in the State of Maryland, and in the amount specified by this solicitation. Upon receiving notification of contract award, the Contractor shall deliver the bond to the MTA no later than the time the Contractor executes the contract. The required performance and payment bonds must be in the form specified in COMAR 21.07.02.10.

SURETY BOND ASSISTANCE PROGRAM

Small businesses may qualify for assistance in obtaining bid, performance and payment bonds through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $5 million. MSBDFA may also guarantee up to 90% of a surety’s losses resulting from a contractor’s breach of a bid, performance or payment bond or $1,350,000, whichever is less. Bonds issued directly by the MSBDFA Surety Bond Program (Program) will remain in effect for the term of the contract. Bond guarantees will remain in effect for the term of the bond.

To be eligible for bonding assistance, an applicant must:

CONTRACT NO. T-1472-0150 | 15

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

2. First be denied bonding by at least one surety in both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA;

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

4. Not subcontract more than 75 percent of the work;

5. Have good moral character and a history of financial responsibility;

6. Demonstrate that the contract will have a substantial economic impact; and

7. Never have defaulted on any loan or financial assistance made or guaranteed by

MSBDFA.

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

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

826 East Baltimore Street Baltimore, Maryland 21202 Phone 410-333-2548 Fax: 410-333-2552 Email: mmgdeal@mmggroup.com

ELECTRONIC FUNDS TRANSFER

On every solicitation for a contract expected to exceed $200,000, the Bidder must accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption.

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

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

eMARYLAND MARKETPLACE ADVANTAGE REGULATIONS

Use of “e-Maryland Marketplace Advantage”

“e-Maryland Marketplace Advantage” (eMMA) is an electronic commerce system administered by the Maryland Department of General Services.

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Registration is free and will provide a means for your business to receive e-mail notifications of upcoming contracting opportunities in specified areas of interest and expertise. This means that all such information is immediately available to subscribers to eMMA. Because of the instant access afforded by eMMA, it is recommended that all Bidders interested in doing business with Maryland State agencies subscribe to eMMA.

For more eMMA registration information, visit the website:

https://procurement.maryland.gov. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to eMMA and click on “New Vendor?

Register Now” to begin the process, and then follow the prompts. For inquiries contact the eMMA HelpDesk at eMMA.helpdesk@maryland.gov.

VETERAN-OWNED SMALL BUSINESS ENTERPRISE PROGRAM

There are no Veteran-owned Small Business Enterprise goals for this solicitation.

AFFIRMATIVE ACTION REQUIREMENTS

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

SUSPENSION AND DEBARMENT CERTIFICATION

(See item VI on the Contractors Questionnaire form)

All bidders will be required to certify that they are not on the GSA List of Parties Excluded from Procurement and the List of Contractors Suspended or Debarred from Contracting with the State of Maryland.

CONTRACTOR’S QUESTIONNAIRE

(See attached Contractor’s Questionnaire)

All Bidders shall complete and submit a NOTORIZED Contractor’s Questionnaire Pre- Award Evaluation Data Form with the bid package.

INVESTMENT ACTIVITIES IN IRAN ACT

(See attached Certificate Regarding Investment in Iran)

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

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

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov&data=02%7C01%7CCWilliams%40mdot.maryland.gov%7C2d2c96d3f4264d8d388608d70eefcd5a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C636994295432321016&sdata=iUHTf1jxhSPb%2FqV9GP5BlJoSLk29cFznIjNwEMaZrEo%3D&reserved=0 mailto:eMMA.helpdesk@maryland.gov

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

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

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

USE OF BIDDER’S OWN FORCES

The bidder with his own forces shall perform not less than fifty percent (50%) of the work at the project site.

PROTESTS/DISPUTES

All protests relating to this solicitation, the selections and/or award must be filed in writing with the Administration's Procurement Officer, and within the time limitation set forth in the Code of Maryland Regulations (COMAR) 21.10.02. A protest may be filed by electronic means ONLY if expressly permitted and in the manner specified by the solicitation. Bid protests shall be filed not later than seven (7) days after the basis for protest is known, or should have been known, whichever is earlier. Oral protests will not be considered.

The specific details of the protest procedures to be followed by aggrieved actual or prospective bidders, or offerors is contained in COMAR 21.10. (Administrative and Civil Remedies).

CANCELLATION OR REJECTION OF BIDS

Notice to Contractors may be canceled in accordance with State Procurement Regulations.

The Administration reserves the right to reject any and all bids and/or waive technical defects if, in its judgment, the interests of the Administration so require.

INSTRUCTIONS TO BIDDERS

Each BID package must bear the information and documentation listed below, fully executed:

CONTRACT NO. T-1472-0150 | 18

a. Contract number and title

b. Name and address of the Bidder

c. Notarized Contractor Questionnaire

d. Signed Cover Letter for each Addendum issued by MTA

e. Bid Form

f. Bid Affidavit

g. Buy America Certificate

h. Certification Regarding Lobbying

i. MDOT DBE Forms A & B

j. Location of the Performance of Services Disclosure

k. Mercury Affidavit

l. Conflict of Interest Affidavit

m. Bid Bond in the amount of five percent (5%) of the bid price

n. Completed Insurance Cost Worksheet

o. Investment Activities in Iran

p. Federal Funds Attachments

CONTRACT NO.

BUS

Bid Submittal Forms

LR Howard Street CBD Embedded Track Rehabilitation

T-1472-0150

CONTRACT NO. T-1472-0150 BID FORM

BF 1 OF 11

DO NOT ALTER

BID FORM

FOR

CONTRACT NO.: T-1472-0150

TO: MARYLAND TRANSIT ADMINISTRATION BID OPENING DATE:

ATTN: PROCUREMENT DIVISION June 23, 2022

6 SAINT PAUL STREET, 7TH FLOOR BID OPENING TIME:

BALTIMORE, MD 21202-1614 2:00 PM

BID OF:

(Bidder’s Name)

PROJECT DESCRIPTION:

1. This bid is hereby submitted to the Maryland Transit Administration (hereinafter sometimes called the “Administration”) in response to NOTICE TO CONTRACTORS dated .

2. The UNDERSIGNED has thoroughly examined, acknowledges receipt of, and is familiar with the Contract Documents as well as the various instructions, information, and requirements covering the same, all as mentioned herein and in said NOTICE TO

CONTRACTORS.

3. In compliance with said NOTICE TO CONTRACTORS the UNDERSIGNED hereby proposes to furnish all labor, equipment, and materials and perform all work described and in strict accordance with the provisions of the Contract Documents for the consideration of the amounts, lump sum and unit prices listed in the attached Unit Price Schedule, and agrees that, upon Notice of Award, within one hundred eighty(180) calendar days after the date of opening of bids, unless mutually extended, he will within ten (10) calendar days after receipt of the prescribed forms, execute the Contract and furnish a performance bond and payment bond (if such bonds are required by the Contract Documents) on forms furnished by the Administration with good and sufficient surety or sureties.

4. The UNDERSIGNED agrees and understands that the time of completion is as specified in the Special Provisions, unless the completion dates are extended as provided for in the Contract Documents.

5. The UNDERSIGNED agrees to pay liquidated damages in the amount specified in the Special Provisions for each and every calendar day after the completion date that the work remains incomplete unless an extension is granted as provided for in the Contract Documents.

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6. The UNDERSIGNED hereby certifies that the (Bidder’s Name) / / is, / / is not (CHECK ONE) included on the GSA list of Parties Excluded from Procurement. AND

The UNDERSIGNED hereby certifies that the (Bidder’s Name) / / is, / / is not (CHECK ONE) included on the List of Contractors Suspended or Debarred from Contracting with the State of Maryland.

7. The UNDERSIGNED, as the Contractor, will perform on the Site, with its own organization, percent ( %) of the total amount of work to be performed under this contract.

8. PARENT COMPANY

a. The UNDERSIGNED represents that it / / is, / / is not, (CHECK ONE) owned or controlled by a parent company. For this purpose a parent company is defined as one which either owns or controls the activities and basic business policies of the UNDERSIGNED. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company such ownership is not required; if another company is able to formulate, determine or veto basic business policy decisions of the bidder, such other company is considered the parent of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.

b. If UNDERSIGNED is owned or controlled by a parent company, insert in the space below the name and main office address of the parent company

Name

Address

City, State Zip

9. ARREARAGES

By submitting a response to this solicitation, the undersigned shall be deemed to represent that it is not in arrears in the payment of any obligations due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so arrears during the term of the contract if selected for contract award.

10. CERTIFICATION OF NON-MARYLAND CORPORATION (FOREIGN

CORPORATION)

a. A corporation not incorporated in the State of Maryland is considered to

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be a foreign corporation and, therefore, is required to be registered with the Maryland State Department of Assessment and Taxation if awarded this contract.

b. Where a foreign corporation is currently registered with the Department of Assessments and Taxation, such a bidder shall submit with his bid a copy of the department's certification of his registration or qualification acknowledgment.

c. If a foreign corporation is not currently registered, such a bidder shall submit with his bid his certification that, if notified of his apparent award of the contract, he will register with the Maryland State Department of Assessments and Taxation and provide a copy of the department's certification of his registration or qualification acknowledgment along with the executed contract.

11. The Contractor shall, prior to the time of execution of the contract, obtain all applicable licenses and comply with all applicable laws and regulations in the Annotated Code of Maryland.

12. All bidders must submit with their bid the following documents fully executed.

a. Bid Bond in the Amount of $ Or 5% of the bid price (if applicable).

Or Individual Surety Bid Bond in the Amount of $_____________________ Or 5% of the bid price (if applicable) and an executed Affidavit of Individual Surety (Attachment A) & Surety Affidavit (Attachment B).

b. Notarized Contractor’s Questionnaire Pre-award Evaluation Data

c. Bid/Proposal Affidavit

d. Buy America Certificate

e. Certification Regarding Lobbying

f. MDOT DBE Form A, “Certified DBE Utilization and Fair Solicitation

Affidavit”

g. MDOT DBE Form B, “DBE Participation Schedule”

h. Signed Cover Letter for each Addendum issued by MTA

i. Completed Insurance Cost Worksheet

j. Federal Funds Attachments

k. Location of the Performance of Services Disclosure

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l. Conflict of Interest Affidavit m.

Investment Activities in Iran

n. Mercury Affidavit

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Item Section Description Estimate of Quantity

Unit Unit Price Total Price

01 01130 Mobilization 1 LS $1,411,000 $1,411,000

02 01210 Miscellaneous Work Allowance 1 ALL $ 524,000 $524,000

03 01450 Quality Assurance and Quality Control 1 ALL $561,000 $561,000

04 01521 Engineer’s Field Office 1 LS $ $

05 01550 Maintenance of Traffic 1 LS $ $

06 01550 Temporary Traffic Signs 2,460 SF $ $

07 01550 Reset Temporary Traffic Signs 9,365 SF $ $

08 01550 Drums for Maintenance of Traffic 225 EA $ $

09 01550 Reset Drums for Maintenance of Traffic 100 EA $ $

10 01550 Temporary Pavement Markings 715 LF $ $

11 01550 Type II Barricades 35 EA $ $

12 01550 Reset Type II Barricades 55 EA $ $

13 01550 Type III Barricades 105 EA $ $

14 01550 Reset Type III Barricades 140 EA $ $

15 01550 Arrow Panel 55 UD $ $

16 01550 Portable Variable Message Sign 675 UD $ $

17 01550 Temporary Precast Concrete Traffic Barriers 430 LF $ $

18 01550 Temporary Crash Cushion Sand Filled Plastic Barrels 20 EA $ $

19 01730 Saw Cutting 57,116 LF $ $

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Item Section Description Estimate of Quantity

Unit Unit Price Total Price

20 02220 Removal of Damaged Surface of Track Slab Outside Rail Trough 6,511 SF $ $

21 02220 Removal of Ballasted Track 40 TF $ $

22 02220 Removal of Existing Track Cross Drain Materials 37 EA $ $

23 02220 Removal of Existing Embedded Rails and Rail Trough Materials 25,243 LF $ $

24 02220 Removal of Brick Paver Materials 941 SY $ $

25 02220 Removal of Hot Mix Asphalt 619 SY $ $

26 02315 Class 1 Excavation – Trackway 53 CY $ $

27 02370 At-Grade Inlet Protection 42 EA $ $

28 02370 Curb Inlet Protection 20 EA $ $

29 02370 Combination Inlet Protection 6 EA $ $

30 02726 Ballast 45 Ton $ $

31 02745 Hot Mix Asphalt Pavement (on Prepared or Approved Base) 1,560 SY $ $

32 02745 Hot Mix Asphalt Pavement (For Foundation Preparation and Base Repair) 4 Ton $ $

33 02765 5 Inch Solid Yellow Lead Free Reflective Thermoplastic Pavement Marking Edge Line 8,323 LF $ $

34 02765 5 Inch Solid White Lead Free Reflective Thermoplastic Pavement Marking 445 LF $ $

35 02765 12 Inch White Heat Applied Permanent Preformed Thermoplastic Pavement Marking Crosswalk Line 1,286 LF $ $

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Item Section Description Estimate of Quantity

Unit Unit Price Total Price

36 02765 10 Inch Solid Yellow Lead Free Reflective Thermoplastic Pavement Marking 2,963 LF $ $

37 02820 Temporary Chain Link Fence 6,185 LF $ $

38 02820 Reset Temporary Chain Link Fence 11,030 LF $ $

39 03300 Track Slab Spall Repair Concrete 810 SY $ $

40 03600 Furnish Elastomeric Grout Materials 18,900 CF $ $

41 05500 Furnish Track Cross Drain Materials 37 EA $ $

42 05500 Install Track Cross Drain Materials 37 EA $ $

43 05500 Furnish Trench Grates for Track Cross Drains 276 LF $ $

44 05500 Install Trench Grates for Track Cross Drains 37 EA $ $

45 05655 Prefabricated Bonded Insulated Joints, 39 Feet Long 4 EA $ $

46 05671 Ballasted Track Installation 40 TF $ $

47 05680 Furnish Restraining Rail and Assembly Materials for Embedded Track 1,185 LF $ $

48 05680 Embedded Rail Installation 25,243 LF $ $

49 05680 Embedded Running Rail and Restraining Rail Installation 1,185 LF $ $

50 05690 Furnish 115 RE High Strength Running Rail 484 Ton $ $

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Item Section Description Estimate of Quantity

Unit Unit Price Total Price

51 16121 Installation of Traction Power Cable 824 LF $ $

52 16126 Traction Power Cable Connections 1 LS $ $

53 16647 Track-to-Earth Resistance Testing for Partially Completed Sections of Construction 6 EA $ $

54 16647 Track-to-Earth Resistance Testing for Completed Construction 1 LS $ $

Total Amount Bid for Items 01 through 54: $ ___________________________________ (Figures)

(Words)

Insurance Premium

(Contingency)

LS

This amount will be added to the base bid in the event that the bidder is excluded from the wrap-up insurance program or if the program is terminated mid-term. The Insurance Cost Worksheet must be attached to the quotation.

A. CORPORATION BID: FEIN:

Name of Corporation

State in which Incorporated

Business Address

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Telephone Number / Fax Number

ATTEST: By:

Secretary President or Vice President

Print Name Print Name

B. PARTNERSHIP BID: FEIN:

Name of Partnership

Names of each Partner:

Witness: By:

Signature Signature

C. INDIVIDUAL BID: S.S. No.:

Name

BF 10 OF 11

Witness: By:

Signature

D. JOINT VENTURE FEIN:

ATTEST By:

Print Name Print Names

FEIN:

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FEIN:

A Joint Venture doing business as

* Each member of the Joint Venture must execute the Bid Form. A Corporate Officer must sign for each member of the joint venture. In the event that a Corporate Officer (President or Vice President) does not sign the Bid Form, a Power of Execution or Power of Attorney, must be submitted with the Bid Forms.

Abbreviations:

ALL Allowance CF Cubic Feet CY Cubic Yard EA Each LF Linear Feet LS Lump Sum SF Square Feet SY Square Yard TF Track Feet UD Unit Days

Contract No. T-1472-0150 BPA 1 of 6

Bid/Proposal Affidavit

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

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

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

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

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

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

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

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

Contract No. T-1472-0150 BPA 2 of 6

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

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

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

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

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by

COMAR 21.11.12; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1) — (5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its…