MASSACHUSETTS BAY TRANSPORTATION AUTHORITY CONTRACT ADMINISTRATION TRANSPORTATION BUILDING TEN PARK PLAZA, ROOM 6720 BOSTON, MASSACHUSETTS 02116 TEL: (617) 222-3133 FAX: (617) 222-5299 *** CONTRACTOR PREQUALIFICATION STATEMENT*** COMPANY NAME: ______________________________________________ ___Individual ___Corporation ___Joint Venture ___Other: ____ ADDRESS: _____________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ TELEPHONE: ___________________________________________________________________ FAX #: __________________________________________________________________________ PRINCIPAL OFFICE: _____________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ CONTACT PERSON: _________________________ TELEPHONE #: ______________________ EMAIL ADDRESS: END OF FISCAL YEAR: ______________________DATE PREPARED: ____________________ DATE RECEIVED BY MBTA: _____________ January 2012 1 Massachusetts Bay Transportation Authority INSTRUCTIONS Contractors proposing to bid on Massachusetts Bay Transportation Authority’s work totaling $1,000,000 or more must complete a Prequalification Statement and submit it in proper form at least ten (10) calendar days prior to bid opening. Forms should be typed or printed in black ink. All seven (8) parts of the form must be thoroughly completed. Failure to provide requested information may prohibit the Authority from prequalifying your firm on a timely basis. The seven parts are as follows: I. EXPERIENCE II. EQUIPMENT SCHEDULE III. ORGANIZATIONAL STRUCTURE IV. FINANCIAL DATA V. REQUEST FOR ATTORNEY’S LEGAL LETTER OF LIABILITIES VI. MANAGEMENTS STATEMENT OF REPRESENTATION TO EVENTS SUBSEQUENT TO THE BALANCE SHEET DATE VII. AFFIDAVIT TO PREVIOUS STATEMENTS VIII. SAFETY RECORD The signatory of this Prequalification Statement guarantees, as evidenced by the notarized statement herein required, the truth and accuracy of all statements and of all answers to the interrogatories hereinafter made. General Information when filling out the work history forms: All eight parts of the statement must be thoroughly completed. Failure to provide the requested information may prohibit the committee from prequalifying the company. All projects provided on the work history forms must be a completed and should not have a completion date exceeding ten (10) years from the date of the contractor’s request for prequalification. Work history forms must be typed or printed in black ink. Typed forms are preferred using font sizes of no less than 8 or no more than 12. Please number your work history sheets. When requesting a particular class of work, the project stated on the work history form must demonstrate the said requested class of work was performed by describing in detail the services to support class of work requested. The value of the construction dollar amount of each class of work (class 2 – 16) shall not exceed the contract amount. Class 1 work is the percentage (%) of the total contract amount that is performed by a contractor when operating in or around an operating rapid transit, light rail, commuter rail and freight right-of-way without causing disruption to service. Additional information can be obtained on the prequalification process by referring to: MBTA’s Procedures Governing Classification and Rating of Prospective Bidders which may be obtained from the Contract Administration Office, 10 Park Plaza, Room 6720, Boston, MA 02116. QUESTIONS If you have questions, please call the Contract Administration Office at (617) 222-3133. Submit completed forms to: Director of Construction - Contracts Massachusetts Bay Transportation Authority, Contract Administration, Transportation Building, Ten Park Plaza, Room 6720, Boston, MA 02116 CONFIDENTIALITY O W N E R S H I P OF I N F O R M A T I O N The completed prequalification statement shal1 be the exclusive property of the prospective bidder and as such shall not constitute a portion of the records of the Authority and shall not be open to public inspection. All information furnished in any statement by a prospective bidder shall be held in strict confidence by the Authority and its agents, except where such information is required by statute and/or regulations promulgated by applicable Federal or January 2012 2 Massachusetts Bay Transportation Authority State agencies, and such information shall be used only to determine the prospective bidder's Prequalification Certification in accordance with the procedures herein contained. No information contained in any such statement shall be imparted to any other person without the written consent of the prospective bidder. C H E C K L I S T P R I O R TO S U B M I T T I N G INCLUDE: ____ Surety letter with Power-of-Attorney signing authorization _____ Auditor's opinion, signed and dated, Balance Sheet, Income Statement and footnotes _____ Massachusetts Corporate Annual Report signed by Officer and dated for current fiscal period _____ Attorney legal Letter of Liabilities _____ Safety Record, OSHA Form 300 Summary- Contractors must provide all OSHA Reportable incidents within the last five (5) years using the Form 300 Summary Log of Injuries and Illnesses. The form can be downloaded from OSHA’s website at:http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf On Affidavit: _____ Have Officer sign affix corporate seal and notarized. Note: Contract Administration has a comparable checklist, which must be completed before Prequalification is granted. This checklist is for internal use only. January 2012 3 Massachusetts Bay Transportation Authority PART I – EXPERIENCE 1. How many years has your organization been in business as a general contractor under your present business name? __________________________ 2. Indicate with an X below the class(es) of work for which prequalification is requested and record the number of years of the organization’s experience as a general and sub-contractor. Class Years Gen’l. Sub. Years Gen’l. Sub. Class (1) ___ General Transit Construction ____ ____ (6) Signaling (1a) ___ Marine General Transit Construction ____ ____ ____ (a) Transit/Railroad Signaling ____ ____ (2) ___ Grading, Drainage & Site Development ____ ____ ____ (b) Traffic Signaling ____ ____ (3) ___ Trackwork ____ ____ (4) Bridges1: (7) ____ Buildings3 ____ ____ (8) ____ Demolition ____ ____ ___ (a) Steel Superstructures ____ ____ (9) ____ General Tunneling ____ ____ ___ (b) Concrete Superstructures ____ ____ (10) ____ Mechanical ____ ____ ___ (c) Complex Bridges2 ____ ____ (11) ____ Asbestos Abatement4 ____ ____ ____ ____ (12) ____ Precast Concrete ____ ____ (5) ___ Electrical 1 If the company is prequalified in any bridge classification under Mass Dot, please provide certification. 2 Additional prequalification requirements will be provided in public advertisement. 3If the Contractor is certified by the Department f Capital Asset Management - DCAM in Buildings, please provide Certificate with Statement. 4 An additional Prequalification Form is required for asbestos abatement. This form is available from Contract Administration January 2012 4 Massachusetts Bay Transportation Authority 3. List below the major projects of the type of work you wish to bid on, that your organization has completed within the last ten years. For Class of Work descriptions and identification numbers, please refer to the listing in Appendix 1 of the Procedures Governing Classification and Rating of Prospective Bidders. The Contractor must follow the example that is provided including all columns. List the most recent and highest contract valued projects first. Contract Amount $123,456,789. % of Contract completed by your firm 65 Project Title and Location Owner/ Contact Name/ Phone Number Completion Date 1 $50,000,000. % of each Class of Work performed by your firm 50 2 3 7 $20,000,000. $10,000,000. $40,000,000. 50 100 75 Class of Work Dollar Amount of each Class Work Detailed Description of Work E X A M P L E North Station Green Line Improvement Project, Track & Station Rehabilitation MBTA Robert Egan 617.222.5910 October 2002 Platform reconfiguration and extension to accommodate 6 car trains. Site grading, installation of drainage. Installation of 400 feet of track. Erected 2 headhouses. Work performed while trains were in operations. The work required use of flagmen. This Project is a SAMPLE for Contractor consideration December 2011 Page 1 of ___ Massachusetts Bay Transportation Authority PARTI –EXPERIENCE - Cont'd 4. Has a bond ever been invoked against your firm?__________________________ If so, where and why? Include pertinent information; i.e., date, project name, owner's name, and reason thereof 5. Have you ever failed to complete any work awarded to you? If so, where and why? Include date, project name, owner's name, and reason thereof 6. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a contract? ________________________________ If so, state name of individual, other organization, reason therefor and bonding company. 7. Has any officer or partner of your organization ever failed to complete a contract handled in his/her own name?_______________ If so, state name of individual, reason therefore and bonding company. 8. In what other lines of business are you affiliated with (directly or indirectly)? 9. With what person (or persons) have you been associated as a business partner or otherwise during the past five years? 10. Did you complete your last three contracts on time as well as the major ones listed in Question 3? ______________________________ If not, why? December 2011 6 Massachusetts Bay Transportation Authority PART 1- EXPERIENCE 11. What is the construction experience of the principal officers of your organization? If the principal officers are lacking in construction experience, list the experience of the individuals who will be your field superintendents on the proposed work in Massachusetts. YEARS OF INDIVIDUAL’S NAME PRESENT POSITION CONSTRUCTION EXPERIENCE MAGNITUDE & TYPE OF WORK IN WHAT CAPACITY Part II- EQUIPMENT SCHEDULE Total Value (At cost less depreciation) $ DEPRECIATION DESCRIPTION PRESENT CONDITION SIZE OR CAPACITY YEAR MFG. YEAR PURCHASE PURCHASED PRICE CHARGED OFF COST LESS DEPRECIATION * Show: Make, Model No., Serial No., How Equipped (a separate schedule may be attached) December 2011 7 Massachusetts Bay Transportation Authority PART III- ORGANIZATIONAL STRUCTURE CORPORATIONS INDIVIDUALS PARTNERSHIPS OTHERS When Incorporated Type of Entity: In What State? Date Organized: President’s name: Principal’s Names And Address: Vice President’s Name Secretary’s Name: Treasurer’s Name PART IV - FINANCIAL DATA BONDING: A contractor is required to submit annually a letter from its surety confirming its current bonding capacity. Confirmation will not be accepted unless the insurance company is licensed and approved by the Massachusetts Division of Insurance and is rated B+ or better by A.M. Best Company. With the bonding company's letter, the bonding agent must enclose his/her Power of Attorney or AttorneyIn-Fact signing authorization document issued by the insurance company. Indicate the firm's bonding limit per project and the firm's aggregate bonding capacity. Single Project Limit Aggregate Bonding Capacity Attach letter from surety or bonding agent confirming above limits. (Include with letter attorney-in-fact signing authorization.) Indicate name of present bonding agent, contact person, address, and telephone number. Agent Name: Address: Contact Person: Telephone Number: December 2011 8 Massachusetts Bay Transportation Authority PART IV - FINANCIAL DATA - Cont'd Attach the latest fiscal-year-end audited financial statements and footnotes. A full opinion audit must have been conducted in accordance with generally accepted auditing standards. Financial statements should include auditor's opinion, balance sheet, income statement and notes. MASSACHUSETTS CORPORATION ANNUAL REPORT/A.K.A. CERTIFICATE OF CONDITION Has the corporation filed its current Massachusetts Corporation Annual Report or the Massachusetts Foreign Corporation Annual Report, with the Office of the Secretary of State. (Due annually two and one-half months following the close of the fiscal year)? If so, a copy of the report signed and dated by an officer of the corporation must accompany this Prequalification package. The date of the fiscal year appearing on this report should agree with the date of the Balance Sheet accompanying this report. If the report has not been filed, explain why, and attach a copy of the most recent filing signed and dated by an officer of the corporation. PART V- REQUEST FOR ATTORNEY'S LEGAL LETTER OF LIABILITIES In connection with the examination of your financial statements accompanying the Prequalification Statement, will you please have your legal counsel list, if any, a description and evaluation of any litigation, impending litigation, claims and contingent liabilities of which you have knowledge that existed at the date of the balance sheet being reported on, plus any additional matters of such nature coming to his attention up to the date the information is furnished. The above request should contain the following information (1) the nature of the litigation (2) the progress of the case to date (3) an evaluation of the likelihood of an unfavorable outcome and an estimate, if one can be made, of the amount or range of potential loss and (4) if particular cases have been filed in court, provide name of court and docket number. Please furnish to the Massachusetts Bay Transportation Authority such explanation, if any, that you consider necessary to supplement the foregoing information, including an explanation of those matters as to which your views may differ from those stated and an identification of the omission of any pending or threatened litigation, claims and assessments or a statement that the list of such matters is complete. December 2011 9 Massachusetts Bay Transportation Authority PART VI - MANAGEMENT'S STATEMENT OF REPRESENTATION TO EVENTS SUBSEOUENT TO THE BALANCE SHEET DATE For the period subsequent to the balance sheet date of the statements accompanying this prequalification statement to date of signing the affidavit in Part VII. We confirm that 1. We are responsible for the fair presentation in the financial statements of financial position, results of operations, and changes in financial position in conforming with generally accepted accounting principles. 2. There have been no. A. Irregularities involving management of employees who have significant roles in the system of internal accounting control. B. Irregularities involving other employees that could have a material effect on the financial statements. C. Communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices that could have a material effect on the financial statements. 3. No events have occurred or are planned having a material effect on the carrying value or classification of assets and liabilities. 4. There has been no significant change in: A. Capital stock repurchase options or agreements or capital stock reserved for options, warrants, conversions, or other requirements. B. Arrangements with financial institutions involving compensating balances or other arrangements involving restrictions on cash balances and line-of-credit or similar arrangements. C. Agreements to repurchase assets previously sold. 5. There has not arisen: A Violations or possible violations of laws or regulations whose effects should be considered for disclosure in the financial Statements or as a basis for recording a loss contingency. B. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by statement of financial accounting standards No.5. C. Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with statement of financial accounting standards No.5. D. Any unusual adjustments to the books of account E. Significant change in working capital or long term debt. 6. The company has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged except as disclosed in the accompanying footnotes to the financial statements. 7. There is no material loss to be sustained as a result of purchase commitments for inventory quantities in excess of normal requirements or at prices in excess of the prevailing market prices. 8. The company has complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of noncompliance. 9. No events have occurred subsequent to the balance sheet date that would require adjustment to, or disclosure in, the financial statements. Please provide an explanation of those items that cannot be confirmed. Unless otherwise noted, confirmation of the above is attested to in the signing of the affidavit in Part VII. Explanation Attached December 2011 Not applicable 10 Massachusetts Bay Transportation Authority PART VII - AFFIDAVIT TO PREVIOUS STATEMENTS State SS: Country: The undersigned contractor(s) being duly sworn, depose and say that statements and answers to all questions herein contained and representations made subsequent to the balance sheet date contained in Part VI are true and correct. That this statement is for the express purpose inducing the party to whom it is submitted to award the submitters a contract, and that any depository, vendor or other agency herein named is hereby authorized to supply such party with any information necessary to verify this statement. Firm Name Name of Chief Executive Officer Or Chief Financial Officer Title Officer’s Signature Date SIGNATURF FOR JOINT VENTURE Firm Name Name of Chief Executive Officer Or Chief Financial Officer Title Officer's Signature Title NOTARY: SWORN TO BEFORE ME THIS _________DAY OF __________YEAR__________ NOTARY PUBLIC MY COMMISSION EXPIRES: IF CORPORATION, AFFIX CORPORATE SEAL(S) PART VII- SAFETY RECORD (Provide Contractors safety record for the last five (5) years using the OSHA 300Form Summary. The Form 300 can be downloaded from OSHA’s web site: http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf December 2011 11 Massachusetts Bay Transportation Authority