T-1986-0350- FINAL ADVERTISEMENT.pdf

STATE OF MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

FEDERALLY- FUNDED CONSTRUCTION CONTRACT

Invitation for Bids (IFB)

MARC Riverside Upgrades-

Environmental- Tank Reconfiguration, DAF Unit Replacement, and Diesel

Filtration System Replacement

IFB NO. T-1986-0350

DATE: 6/24/2024

NOTICE:

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA.

Disadvantaged Business Enterprises are encouraged to respond to this solicitation~

Contract No. T-1986-0350 2 of 173

MARC Riverside Upgrades- Environmental- Tank Reconfiguration, DAF Unit Replacement, and Diesel Filtration System Replacement

CONTRACT NO. T-1986-0350

TABLE OF CONTENTS

NOTICE TO CONTRACTORS

INSTRUCTIONS TO BIDDERS

VENDOR COMMENTS

NON-DISCLOSURE AGREEMENT

CONTRACTORS QUESTIONNAIRE

LIABILITY INSURANCE REQUIREMENTS

BID FORM

BID/PROPOSAL AFFIDAVIT

BID BOND

CERTIFICATION REGARDING LOBBYING

INVESTMENT ACTIVITIES IN IRAN ACT

CERTIFICATION REGARDING INVESTMENTS IN IRAN

LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE

MERCURY AFFIDAVIT

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

FEDERAL FUNDING ACKNOWLEDGEMENT AND CLAUSES

PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES CERTIFICATION

REFERENCE ATTACHMENTS

SUBCONTACTOR UTILIZATION FORM

CONTRACT AGREEMENT

ATTACHMENT N. CONTRACT AFFIDAVIT

Contract No. T-1986-0350 3 of 173

ATTACHMENT I. NON-DISCLOSURE AGREEMENT (CONTRACTOR)

I-2 NON-DISCLOSURE AGREEMENT

I-3 NON-DISCLOSURE AGREEMENT

SURETY BOND ASSISTANCE PROGRAM

PAYMENT BOND

PERFORMANCE BOND

VENDOR ELECTRONIC FUNDS TRANSFER (EFT) REGISTRATION REQUEST

FORM

BUY AMERICA CERTIFICATE

PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES

REFERENCES

DBE FORMS

OWNER CONTROLLED INSURANCE PROGRAM TWO (OCIP 2)

APPENDIX

SPEC BOOK

Contract No. T-1986-0350 4 of 173

NOTICE TO CONTRACTORS

MARC Riverside Upgrades- Environmental- Tank Reconfiguration, DAF Unit Replacement, and Diesel Filtration System Replacement

CONTRACT NO: T-1986-0350 DATE: 6/24/2024

1. DESCRIPTION OF WORK

This Contract is for environmental upgrades at the Riverside Rail Yard located at 1600 Ludlow St., Baltimore City, Maryland 21230. The Riverside Rail

Yard is located in a portion of Ward 24 Section 06, Block 2059 Lot 001 and Block

1947 Lot 001 and all of Ward 24 Section 08, Block 1946 Lot 019 and Block 1945 Lot

071B.

The work involves the following:

1. Tank Reconfiguration

a. Building 5:

1) Demolition and disposal of four (4) 8,000 gallon AST’s and lube oil piping in the building in accordance with

American Petroleum Institute (API) and COMAR requirements.

2) Removal and disposal of existing pre-cast concrete panels for the purpose of removing the tanks. New roof system shall be installed, designed to carry office live loads of 80 psf uniform load (65 psf live load and 15 psf partition load) as well as a 2000 lb concentrated load.

b. Demolition and disposal of two (2) 8,000 gallon diesel AST’s in accordance with American Petroleum Institute (API) and

COMAR requirements. The oil supplier shall be notified in

Contract No. T-1986-0350 5 of 173 order to modify their delivery schedule as necessary. The oil shall be drained and moved to a facility capable of recycling the oil. Connected piping shall be cut, drained, and removed.

The tank shall be emptied and cleaned. Once the tank is empty and all vapors are inert, the tank can be cut into pieces and removed.

c. Saw cut of existing containment dike wall to grade. Surface to be repaired to create a smooth surface.

d. Installation of a 2,000 gallon temporary diesel AST during construction

e. Furnish and install a new Lube Oil System including the following:

1) One (1) 4,000 gallon double walled vertical AST and associated level monitoring and controls.

2) Lube oil fill system and all associated controls.

f. Furnish and install a new Used Oil System including the following:

1) One (1) 4,000 gallon double walled vertical AST and associated level monitoring and controls.

2) Used Oil tank offloading pump with remote-control capability.

g. Furnish and install a new diesel tank system including the following:

1) One (1) 2,000 gallon double walled vertical AST and associated level monitoring and controls.

Contract No. T-1986-0350 6 of 173

2) Diesel fill system with motorized valve and associated controls

3) Fuel polishing system and associated electrical and controls.

4) Fuel dispenser and associated controls.

5) New concrete foundations for tanks.

2. Diesel Filtration System

a. Cut new tie in for supply and return lines for temporary and permanent diesel piping to boilers and for tie in location to lube oil feed and waste lines inside the boiler room.

b. Removal and disposal of existing diesel filtration system including all pumps and piping.

c. Remove and Replace Diesel filtration system in building.

d. Installation of a temporary filtration system outside building

14 during construction and provide temporary tie ins to existing piping systems and controls.

3. Wastewater Treatment Plant (WWTP)

a. Furnish and install a temporary DAF rated for 80 gallons per minute (gpm) outside the WWTP and all associated process connections, electrical, and controls. Includes temporary flocculation equipment and temporary chemical systems.

b. Remove and demolish existing DAF and all associated pumps, controls, piping, and ancillary equipment.

c. Furnish and install DAF, DAF effluent tank and three cell mix tank. Includes all process equipment (pumps, piping, valves, Contract No. T-1986-0350 7 of 173 instruments, etc.) and electrical work and control panel.

d. All new fuel and WWTP systems installed under this contract shall be operational and complete at the completion of the contact.

See Special Provisions for details.

2. PRE-BID MEETING / SITE VISIT

Pre-bid Conference at 10:00AM. 07/08/2024. via Microsoft Teams. The call-in number is 1-667-262-2962 Conference ID # 239 045 034. If you would like to join via Microsoft Teams, send your request to constructionrequests@mta.maryland.gov.

A site visit will be conducted at 2:00PM. on 07/08/2024. Interested vendors must

RSVP by sending the company name, point of contact and email address to constructionrequests@mta.maryland.gov.

3. DEADLINE FOR QUESTIONS

Questions regarding the work should be directed in writing to Ebony Reddick at constructionrequests@mta.maryland.gov. Questions concerning this solicitation must be received no later than 07/15/2024 at the close of the business day. No interpretations other than written shall be binding on the Administration.

4. BID DUE DATE & TIME

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

T-1986-0350.", no later 2:00PM local time, 08/12/2024. At 2:30PM, 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 constructionrequests@mta.maryland.gov. no later than 8/11/2024. Offerors may also join the public opening by phone. The call-in number is 1-667-262-2962. Conference ID # 155 005 713 .

5. 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.

Contract No. T-1986-0350 8 of 173

6. 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 sign a Non-disclosure Agreement (NDA) and email the request and NDA to constructionrequests@mta.maryland.gov. The NDA is located within this solicitation document (See page 12).

7. AVAILABILITY OF DOCUMENTS

Solicitation documents 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.

8. ADDENDA

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

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

9. BID BOND

Each bid exceeding $100,000 must be accompanied by a Bid Bond on a form furnished by the Administration in the amount of five percent (5%) of the Bid Price.

10. PAYMENT & PERFORMANCE BONDS

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. Bid, payment, and performance security may be in the form of: (1) a bond executed by a surety company authorized to do business in the State; (2) a bond executed by an individual surety 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

Contract No. T-1986-0350 9 of 173 that meets certain criteria; (3) another form of security required by State or federal law; or (4) another form of security satisfactory to the unit awarding the contract.

Sections 13-207, 13-216, 17-104 of the State Finance and Procurement Article, Annotated Code of Maryland.

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

12. MULTIPLE OR ALTERNATE BIDS

Multiple and/or alternate Bids will not be accepted.

13. ELECTRONIC FUNDS TRANSFER

On every solicitation for a contract expected to exceed $200,000, the bidder will be required to accept payments by electronic funds transfer (EFT) unless the State

Comptroller’s Office grants an exemption.

14. TIE BIDS

Tie Bids will be handled in accordance with COMAR 21.05.02.14.

15. DURATION OF BID

Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

16. 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.

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.

Contract No. T-1986-0350 10 of 173

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.

17. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

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. A subcontracting goal of 25.40% percent (25.40%) has been established for this procurement. 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 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.

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

Contract No. T-1986-0350 11 of 173

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

18. VETERAN-OWNED SMALL BUSINESS ENTERPRISE PROGRAM

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

19. AFFIRMATIVE ACTION REQUIREMENTS

Bidders on this Work will be required to comply with MTA Affirmative Action

Requirements & all applicable Equal Employment Opportunity Laws & Regulations.

20. SUSPENSION AND DEBARMENT CERTIFICATION

All bidders will be required to certify that they are not on the GSA List of Parties

Excluded from Procurement and the List of Contractors Suspended or Debarred from Contracting with the State of Maryland.

21. CONTRACTOR’S QUESTIONNAIRE

All Bidders shall complete and submit the Contractor’s Questionnaire Pre-Award

Evaluation Data Form with the bid package.

22. INVESTMENT ACTIVITIES IN IRAN ACT

Contract No. T-1986-0350 12 of 173

State Finance & Procurement, §§17-701 – 17-707, Annotated Code of Maryland

[Chapter 447, Laws of 2012].

A company listed on the Investment Activities In Iran list is ineligible to bid on, submit a proposal for, or renew a contract for goods and services with a

State agency or any public body of the State. Also ineligible are any parent, successor, subunit, direct or indirect subsidiary of, or any entity under common ownership or control of, any listed company.

Agencies must obtain a certification regarding investments in Iran from each bidder or offeror for new contracts and from each Contractor seeking to renew an existing contract. Specifically, bidders, offerors, and renewing

Contractors have to certify that at the time the bid/proposal is submitted or the contract renewed that the company is neither identified on the Investment

Activities In Iran list nor engaging in investment activities in Iran.

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

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

Works.

23. INSURANCE REQUIREMENTS

MTA has chosen to provide Workers' Compensation, General Liability, Excess

Liability, Builders Risk, Pollution Liability and Railroad Protective coverage on behalf of contractors and subcontractors working on this project. This approach to project insurance is commonly called a wrap-up or owner-controlled insurance program (OCIP).

Contractors and subcontractors are to bid work for this project net of insurance (i.e., The Cost of Workers’ Compensation, General Liability, Excess Liability, Builders

Risk, Pollution Liability and Railroad Protective applicable to the work site is not to be included in the bid price). All bidders must complete the Insurance Premium

Worksheet and forward to MTA with the rest of your bid package. The Premium

Worksheet is included in the bid package as Form I, Exhibit A. This form should include the Contractor's work as well as the work of all subcontractors included in the initial bid. The insurance premium shown on this form, or the pro rata portion thereof, Contract No. T-1986-0350 13 of 173 will be added to the base bid in the event you are excluded from the wrap-up program or the program is terminated midterm.

24. 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.

25. 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 (Administrative and Civil Remedies). A protest may NOT be filed by electronic means. Protests must be in writing and sent via certified mail. 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.

26. 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.

Contract No. T-1986-0350 14 of 173

MARC Riverside Upgrades- Environmental- Tank Reconfiguration, DAF Unit

Replacement, and Diesel Filtration System Replacement

CONTRACT NO. T-1986-0350

INSTRUCTIONS TO BIDDERS

I. GENERAL

A. Price Bids will be reviewed for consistency with and response to the requirements of this IFB.

II. BID PROCESS

A. General Requirements

1. Bids must be submitted through the eMMA portal and marked "Bid for

Contract No. T-1986-0350 MARC Riverside Upgrades- Environmental-

Tank Reconfiguration, DAF Unit Replacement, and Diesel Filtration

System Replacement", no later 2:00PM local time, 08/12/2024

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

a. Contract number and title

b. Name and address of the Bidder

c. Completed Insurance Premium Worksheet

d. Bid Form

e. Bid/Proposal Affidavit.

f. Bid Bond in the Amount of $__________________ Or 5% of the bid price

g. Signed Cover Letter for each Addendum issued by MTA

h. Contractor’s Questionnaire Pre-Award Evaluation Data

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

Affidavit” (two page document)

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

k. Buy America Certificate

l. Certification Regarding Lobbying

m. Certification Regarding Investments in Iran

n. Location of the Performance of Services Disclosure

o. Mercury Affidavit

p. Conflict of Interest

q. Federal Fund Clauses (Federally-funded Contracts)

r. Payment of Employee Healthcare Expenses Worksheet

Contract No. T-1986-0350 15 of 173

s. Payment of Employee Health Expenses Certification

Contract No. T-1986-0350 16 of 173

VENDOR COMMENTS

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

Thank you for your assistance.

Bid/Proposal No.: T-1986-0350

Contract Title: MARC Riverside Upgrades- Environmental- Tank Reconfiguration, DAF Unit Replacement, and Diesel Filtration System Replacement

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

Other commitments preclude our participation at this time.

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

We lack experience in the work/commodities required.

The scope of work is beyond our current capacity.

We cannot be competitive. (Please explain below.)

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

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

Time for completion is insufficient.

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

Doing business with government is simply too complicated.

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

Other:

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

Remarks:

OPTIONAL:

Vendor Name: Date:

Contact: Phone:

Address /e-mail:

Contract No. T-1986-0350 17 of 173

Non-Disclosure Agreement

This Non-Disclosure Agreement (the “Agreement”) is made this ____day of ___________ 20__, by and between _____________________________ (hereinafter referred to as "the Offeror ") and the

State of Maryland (hereinafter referred to as "the State").

Offeror warrants and represents that it intends to submit a Bid in response to IFB # T-1986-0350. for

MARC Riverside Upgrades- Environmental- Tank Reconfiguration, DAF Unit Replacement, and

Diesel Filtration System Replacement . In order for the Offeror to submit a Bid, it will be necessary for the State to provide the Offeror with access to certain confidential information including, but not limited, to the project Plans. All such information provided by the State shall be considered

Confidential Information regardless of the form, format, or media upon which or in which such information is contained or provided, regardless of whether it is oral, written, electronic, or any other form, and regardless of whether the information is marked as “Confidential Information”. As a condition for its receipt and access to the Confidential Information described above, the Offeror agrees as follows:

1. Offeror will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any Confidential Information received, except in connection with the preparation of its

Bid.

2. Each employee or agent of the Offeror who receives or has access to the Confidential

Information shall execute a copy of this Agreement and the Offeror shall provide originals of such executed Agreements to the State. Each employee or agent of the Offeror who signs this

Agreement shall be subject to the same terms, conditions, requirements and liabilities set forth herein that are applicable to the Offeror.

3. Offeror shall return the Confidential Information to the State within five Business Days of the

State’s Notice of recommended award. If the Offeror does not submit a Bid, the Offeror shall return the Confidential Information to Christie E. Williams, CPPB, MTA on or before the due date for Bids.

4. Offeror acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the State and agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible use of the Confidential Information. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to seek damages for the Offeror’s failure to comply with the requirements of this

Agreement. The Offeror consents to personal jurisdiction in the Maryland State Courts.

5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the Offeror or any employee or agent of the Offeror to comply with the requirements of this Agreement, Offeror and such employees and agents of Offeror shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and/or costs.

Contract No. T-1986-0350 18 of 173

6. This Agreement shall be governed by the laws of the State of Maryland.

7. Offeror acknowledges that pursuant to Section 11-205.1 of the State Finance and Procurement

Article of the Annotated Code of Maryland, a person may not willfully make a false or fraudulent statement or representation of a material fact in connection with a procurement contract. Persons making such statements are guilty of a felony and on conviction subject to a fine of not more than $20,000 and/or imprisonment not exceeding five (5) years or both.

Offeror further acknowledges that this Agreement is a statement made in connection with a procurement contract.

8. The individual signing below warrants and represents that they are fully authorized to bind the

Offeror to the terms and conditions specified in this Agreement. If signed below by an individual employee or agent of the Offeror under Section 2 of this Agreement, such individual acknowledges that a failure to comply with the requirements specified in this Agreement may result in personal liability.

Offeror:

By:

Signature/Seal

Printed Name:

Title:

Date:

Address:

Contract No. T-1986-0350 19 of 173

CONTRACTORS QUESTIONNAIRE

PRE-AWARD EVALUATION DATA

IMPORTANT

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

Maryland Transit Administration.

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

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

I. General

(a) Legal Title and Address of Organization

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

(c) ___Corporation ___Partnership ___Individual (Check One)

(d) Date your Firm was organized or started:

(e) Federal I.D. No. _________________________

(f) If a Corporation, state:

Capital Paid in Cash: $_____________________

Date of Incorporation: _____________________

State in which Incorporated: ________________

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

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

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

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

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

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

REQUIRED

W/ BID

Contract No. T-1986-0350 20 of 173

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) Has your organization or any of its directors, officers, partners or supervisory personnel ever been indicated and/or found guilty for criminal action relating in any way to the conduct of your organization’s business? Yes ____ No

Contract No. T-1986-0350 21 of 173

III. Financial

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

(b) Who is your bonding Company?

(c) Who is your bonding agent?

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

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

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

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

(h) What is your policy on bonding subcontractors?

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

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

IV. Experience

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

General _____________________years Sub_____________years

Type________________________ _____________ years

Type ________________________ _____________years

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

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

Contract No. T-1986-0350 22 of 173

Construction Experience

Name and Title

(Vice Pres., Mgr., etc.)

Construction

Experience

(Years)

Type of Work

(Such as Hospitals, Apts, Etc.)

In what capacity?

(Foreman, Supt., etc.)

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

Name of Work __________________________________

General or Sub __________________________________

Type of work___________________________________

Percentage of work performed by your firm (attach separate sheet if needed)_________________________

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

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

Contract No. T-1986-0350 23 of 173

(f) List major projects that involved the work outlined in this IFB in the last three

(3) years:

A. Project Name: _____________________________________

Project Description:_________________________________

Contact: __________________________________________

Phone No.__________________________________________

Email: _____________________________________________

B. Project Name: ______________________________________

Project Description:__________________________________

Contact: _______________________________________+___

C. Project Name: ______________________________________

Project Description:__________________________________

Contact: ___________________________________________

V. Safety

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

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

(c) Within the past ten years, has your organization received any order for violations from the United States Occupational Safety and Health

Administration (OSHA) or the Maryland Occupation Safety and Health

Administration? Yes ___ No ___

Contract No. T-1986-0350 24 of 173

If yes, explain. _________________________________________

The above statements are certified to be true and accurate.

Dated at ________________________this _________day of ________________, 20__.

By: ____________________________________________________________

(Title of Person signing)

(Name of Organization)

State of ____________________________________________________________

County (City) of__________________________________________________________:

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

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

Notary Public

(SEAL)

My commission expires: ___________________________

Contract No. T-1986-0350 25 of 173

LIABILITY INSURANCE REQUIREMENTS

MARYLAND TRANSIT ADMINISTRATION (MTA) will utilize an Owner Controlled

Insurance Program (OCIP) for this construction project (See Attachments for Manual)

NOTE: Insurance coverages and limits provided under the OCIP are limited in scope and are specific to work performed after the inception date of your enrollment into this program.

Your insurance representative should review this information. Any additional coverage you may wish to purchase will be at your option and expense.

What is an OCIP?

A “OCIP" or Owner Controlled Insurance Program is a coordinated insurance program providing certain coverages, as defined herein, for Maryland Transit Administration and eligible Enrolled Parties performing Work at the Project Site.

The MTA OCIP will provide General Liability, Workers' Compensation, and Excess

Liability coverage for contractors and subcontractors while performing work on the project site. The work specified in your Bid Request qualifies for the OCIP, therefore, General

Liability, Workers' Compensation, and Excess Liability will be purchased on your behalf for this work. However, you must continue to purchase General Liability, Automobile Liability, Workers' Compensation, and Excess Liability for work performed away from the project site.

Automobile Liability Coverage must also be purchased for work performed at the project site.

A Builder's Risk insurance policy will also be provided for the benefit of the OCIP participants. You need not provide such insurance, as the interest of all parties in the work will be covered by this policy. Such insurance will NOT cover your own tools and equipment.

Bids

Because General Liability, Workers Compensation, and Excess Liability coverage will be provided by the OCIP, you will need to bid all work with insurance costs for General

Liability, Workers' Compensation, and Excess Liability separately identified as an add/alternate to your bid price. The cost should be separated by line of insurance utilizing the Insurance Cost Worksheet provided in the Bid Form page and as part of Exhibit A of this form. This form must be submitted as part of your bid package.

It is important that these insurance costs be as accurate as possible, as they have a direct bearing on the competitiveness of your bid.

If in doubt, your insurance agent should be able to give you the insurance cost for work to be done at the site. To enable your insurance agent to calculate that cost, you should be prepared to give your agent your payrolls (by workers' compensation class code) for work to be performed on this project.

Safety

A critical part of any construction project is job site safety. An OCIP program is designed to standardize safety procedures to enhance your safety efforts. The Maryland Transit

Contract No. T-1986-0350 26 of 173

Administration's Contractor Health and Safety Plan is included in the Contract Specification

Book as Contractor Safety & Health Plan Guidelines (CSHPG).

Claims

The OCIP Administrator will assist you in reporting any claims. The OCIP Manual identifies the basic information necessary to report a claim. The forms and instructions contained in the manual should be followed without exception. The OCIP Manual is an extension of this agreement and therefore is a legal contract.

Contractor Provided Insurance

Because an OCIP is limited to work performed at a specific location (except as provided by the Builder's Risk), you will be required to provide General Liability, Workers'

Compensation, and Property insurance, if applicable, for any activities away from the project site, or performed for someone other than MTA.

You will also need to continue other coverages, such as:

• Automobile liability and physical damage

• Inland Marine coverage for your tools and equipment

• Umbrella/Excess liability to meet maximum insurance limits where applicable to meet MTA insurance requirements

• Any other coverage you elect to continue

Alternate Program Option

MTA reserves the option not to utilize an OCIP program for this project, or to discontinue it.

In such case, you and any subcontractors will be expected to provide insurance coverages as required by the contract at a cost commensurate with the insurance deductions in your original bids.

SUMMARY OF OWNER-PROVIDED INSURANCE

Workers Compensation

Coverage: Statutory limits required by the Workers’ Compensation laws of the applicable jurisdiction, excluding monopolistic states, with Employer’s Liability. A separate worker’ compensation policy will be issued to each enrolled Party.

• Coverage Part One – Workers’ Compensation – Statutory Limits

• Coverage Part Two - Employers Liability – Annual Limits Per Enrolled Party

• $1,000,000 Bodily Injury by Accident

• $1,000,000 Bodily Injury by Disease, each employee

• $1,000,000 Policy Limit by Disease, policy limit

▪ This policy does not cover offsite operations.

Commercial General Liability

Coverage: Third Party Bodily Injury and Property Damage Liability. A single general liability policy will be issued for all Enrolled Parties with all Enrolled Parties Named as

Insureds

Contract No. T-1986-0350 27 of 173

Limits of Liability Shared by All Enrolled Parties

General Aggregate (per Project) $ 4,000,000

Products/Completed Operations Aggregate $ 4,000,000

Personal/Advertising Injury Each Occurrence $ 2,000,000

Each Occurrence Limit $ 2,000,000

Damage to Premises Rented to You $ 500,000

Medical Expense – Any One Person $ 10,000

▪ Limitation of Coverage to Designated Premises or Project

▪ Ten (10) Year Products/Completed Operations Extension (single, non-reinstated aggregate limit applies to extension period)

▪ Waiver of Transfer of Rights to Recover against Others where required by an “Insured

Contract” and as evidenced by a Certificate of Insurance on file with the OCIP Administrator

Excess Liability

Coverage: Excess over primary Third Party Bodily Injury and Property Damage General

Liability. A single excess liability policy will be issued for all Enrolled Parties.

• Each Occurrence Limit $50,000,000

• Aggregate Limit (Annual Limit during Premises Period) $50,000,000

▪ Excess Coverage is over Commercial General Liability (IF APPLICABLE:

Employers Liability, Auto Liability)

▪ A master Excess Liability policy will be issued for all Enrolled Parties as named

Insureds and is available for review upon request.

▪ The Excess Liability policy will follow terms, conditions and exclusions of the underlying General Liability unless defined differently in the Excess Policy.

Builder's Risk Insurance

Coverage pays for direct losses to buildings or other property during construction (repair or replacement of property) and limited indirect losses arising out of a covered loss. The policy applies to:

• All work at the Job Site including labor and materials to be incorporated into the work;

▪ Materials adequately protected and stored at the Job Site that will be incorporated into the work.

Contract No. T-1986-0350 28 of 173

A blanket policy limit provides "All Risks" of direct physical loss or damage, subject to policy exclusions, on each occurrence. The policy limits and sub-limits are as listed below.

Limits of Liability are shared by All Enrolled Parties.

This coverage provides, but is not limited to:

• $75,000,000 Loss Limit (Total limit of coverage), subject to sub-limits of:

o 75,000,000 Physical Damage to Project per Occurrence o Delay in Opening Coverage o $1,000,000 Property in Transit per Conveyance o $1,000,000 Offsite Temporary Storage per Occurrence o $2,500,000; whichever is less Expediting and Extra Expense per Occurrence o $2,500,000; whichever is less Debris Removal per Occurrence o $100,000 Trees, Shrubs, Plants and Landscaping per Occurrence o $500,000 Protection Service Charges o $100,000 Fire Protective Equipment Recharge o $500,000 Valuable Papers and Records o $100,000 Claim Preparation Expenses o $100,000 Protection for Insured Property Pre-Loss o $100,000 Architect and Engineer Fees o $2,500,000 Building Ordinance or Law o Testing Coverage o $10,000 Business Personal Property o Named Windstorm Coverage o Delay in Completion/Soft Costs o $100,000 Loss Adjustment Expenses o $250,000 Errors and Omissions o $75,000,000 annual aggregate for earth movement o Annual aggregate for flood – see terms & conditions o $100,000 Pollution or Contamination Cleanup o $100,000 Limited Coverage for Fungus, Wet Rot, Dry Rot or Bacteria

Enrolled Parties (to the extent required by contract or subcontract) are Additional Named

Insureds.

▪ Includes coverage for the insured’s property under construction, including materials, supplies, machinery, fixtures and equipment which will become a permanent part of the project. Coverage provides protection against risk of direct physical loss or damage subject to policy conditions and exclusions.

Contractor’s Pollution Liability

This policy applies to all enrolled Contractors working at the Job Site. Maryland Transit

Administration notifies the carrier by providing the insurance company with a list and description of each construction project along with the total project budget.

Contract No. T-1986-0350 29 of 173

Each Occurrence Limit $ 5,000,000

Annual General Aggregate Limit $ 10,000,000

Coverage: policy provides coverage for on-site cleanups, as well as off-site cleanups related to on-site remediation in the event the enrolled Contractor is negligent and exacerbates the existing pollution condition. This policy also provides coverage for third-party claims alleging bodily injury, property damage, or cleanup costs arising from the construction activities associated with the designated projects.

▪ Ten (10) years Completed operations coverage for all Enrolled Parties.

Railroad Protective Liability

This policy applies to all enrolled Contractors working at the Job Site. Maryland Transit

Administration notifies the carrier by providing the insurance company with a list and description of each construction project along with the total project budget.

Each Occurrence Limit $ 5,000,000

Policy Term Aggregate Limit $ 10,000,000

Coverage: This policy provides coverage for bodily injury, property damage, or physical damage to property or any combination of all three for all enrolled contractors within fifty

(50) feet of railroad arising from the construction activities associated with the designated projects.

▪ Physical damage to property means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured’s care, custody and control.

▪ The policy contains exclusions. Silica, Absolute Asbestos, Nuclear Energy Liability

Property of Contractor and Subcontractors

Contractors of any tier are advised to arrange their own insurance for rented, owned, leased or borrowed equipment and materials not intended for inclusion in the Project. The Maryland

Transit Administration OCIP will not cover Contractor’s or Subcontractor’s property.

Contract No. T-1986-0350 30 of 173

Contract No. T-1986-0350 31 of 173

Exhibit A

Insurance Premium Worksheet- Completion Instructions

The Insurance Premium Worksheet has been developed to assist you in calculating your cost of insurance that you are required to identify in your bid. The calculations should be compiled using only your on-site payroll or receipts, as the Owner is providing these coverages for your work while on-site .

1 }INDENTIFICATION

Project Name

Contract/OFS No .

Charge No .

F1im Name

Identify the name of the specific project you are bidding. This information can be found in your Bid Packet .

Identify the contract number and Order for Services (OFS) number of the specific project you are bidding on . This 1hformation can be found in your Bid Packet .

Identify the charge number of the specific project you are bidding on. This information can be found in your Bid Packet .

Identify the name of the Contractor/Subcontractor .

2. WORKERS' COMPENSATION

Worker's Compensation Off-Site Insurer Identify the insurance company that now provides your workers' compensation coverage.

Workers' Compensation Classification List industry classification descriptions that apply to your work. This information can be obtained from your current Workers' Compensation policy, or your insurance agent.

Class Code List industry classification code number(s) that apply to your work. This information can be obtained from your current Workers' Compensation policy, or your insurance

Man Hours Estimated number of man hours by trade .

Hourly Pay Rate Show hourly wage rate by trade.

Estimated Payrolls List your estimated on-site payrolls for each class code.

Contract No. T-1986-0350 32 of 173

Exhibit A

2. WORKERS' COMPENSATION (Continued)

WC (Current) Rate

Workers' Compensation Premiums

Experience Modification Factor

Other Credits/Debits

Profit and Overhead on Insurance

Total Workers' Compensation

List of the Workers' Compensation rate which applies to each classification code; obtain this from your insurance agent to make certain the rate is correct. Apply any Loss Loading factor when applicable.

Fill in your Workers' Compensation premium per class code (i.e. payroll multiplied by

Workers' Compensation rate divided by 100).

State your current experience modifier factor.

This can be obtained from your current

Workers' Compensation policy, or from your insurance agent. Multiple premium by experience modification factor to obtain modified premium.

Identify any factors such as premium discount, schedule credit, safe work-site credit, etc. The modified premium should then be multiplied by the schedule credit, the result of which should be multiplied by the premium discount. If your policy does not have a schedule credit or premium discount, please skip this part of the calculation.

Add the amount of profit and overhead you would have applied to your insurance costs.

Total Insurance Premium multiplied by the experience modification, other applicable factors, and Profit & Overhead.

3. GENERAL LIABILITY

General Liability Insurer

General Liability and Completed

Operations Classification

Code

Indicate the name of the insurer providing your off-site coverage.

List the general liability classification description codes that apply to your work.

This information should be obtained from your current policy, or from your insurance agent. Show both the

Premises/Operations rate and the

Products/Completed Operations rate. If it is a combined rate, please indicate.

List classification code numbers which apply to your work. This can be obtained from your current policy or your insurance

Contract No. T-1986-0350 33 of 173

3. GENERAL LIABILITY (Continued)

Current Rate

Per $100 or Per $1,000

Payroll, Receipts, or Contract Value

General Liability Premium

Excess/Umbrella Premium

Total Liability Premium

Profit and Overhead on Insurance

Subc…