221007-AE RFP Final 1.12.docx

Diving Services Solicitation No.: 221007-AE RFP Document

STATE OF MARYLAND

OFFICE OF PROCUREMENT

REQUEST FOR PROPOSALS (RFP)

Diving Services

221007-AE

ISSUE DATE: January 12, 2021

NOTICE TO OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

MINORITY BUSINESS ENTERPRISES

ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION

Prospective Offerors who have received this document from eMaryland Marketplace Advantage (eMMA) should register on eMMA at https://procurement.maryland.gov. In the event it becomes necessary to revise any part of the RFP, or if additional information is required to enable potential Offerors to interpret the provisions of the RFP, an amendment will be issued by the Procurement Officer and posted on eMMA. PROSPECTIVE OFFERORS SHOULD REVIEW eMMA PERIODICALLY TO DETERMINE WHETHER OR NOT MDOT MPA HAS ISSUED AN AMENDMENT TO THIS RFP. MDOT MPA is not responsible for notifying Offerors of amendments to the RFP other than by posting them on eMMA.

The sole point of contact in the State for purposes of the RFP is the Procurement Officer.

NO PROPOSAL NOTICE/VENDOR FEEDBACK FORM

To help the MDOT MPA improve the quality of its solicitations, and to make the procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet on Page 3 for contact information).

Title: Diving Services Solicitation No.: 221007-AE

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

· Other commitments preclude our participation at this time.

· The subject of the solicitation is not something we ordinarily provide.

· We are inexperienced in the work/commodities required.

· Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

· The scope of work is beyond our present capacity.

· Doing business with the State is simply too complicated. (Explain in REMARKS section.)

· We cannot be competitive. (Explain in REMARKS section.)

· Time allotted for completion of the Proposal is insufficient.

· Start-up time is insufficient.

· Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

· Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.)

· MBE or VSBE requirements. (Explain in REMARKS section.)

· Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.)

· Payment schedule too slow.

· Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS: ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: _________________________________ Phone (____) _____ - _________________ Address: ______________________________________________________________________ Email Address: ________________________________________________________________

State of Maryland Maryland Department of Transportation Maryland Port Administration (MDOT MPA) Key Information Summary Sheet

401 E. Pratt Street, Baltimore, MD 21202

Email:

Office Phone:

sbova@marylandports.com 410-385-4568

Offerors are reminded that a completed No Proposal Notice/Vendor Feedback Form is requested if a no-proposal decision is made (see Page 2).

Notice to Proceed for this Contract until such time as the Contractor exhausts the not-to-exceed amount of $100,000.

Dundalk Marine Terminal 2700 Broening Hwy, Baltimore, MD 21222

Table of Contents – RFP

1 Minimum Qualifications 5

2 Contractor Requirements: Scope of Work 6

3 Contractor Requirements: General 9

4 Procurement Instructions 13

5 Technical Proposal Format 21

6 Evaluation and Selection Process 24

7 RFP Attachments and Appendices 27

Attachment A. Bid/Proposal Affidavit 30

Attachment B. Small Business Contract Affidavit 37

Attachment C. Conflict of Interest Affidavit and Disclosure 43

Attachment D. Living Wage Affidavit of Agreement 44

Attachment E. Contract Affidavit 47

Attachment F. Sample Service Agreement (Contract) 51

Attachment G. MDOT MPA Terms and Conditions – Contracts for Services 55

Attachment H. MDOT MBE Forms A, B, C, and D 75

Attachment I. Environmental Handbook 79

1 Minimum Qualifications

1.1 Offeror’s Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

The following minimum qualifications are mandatory. The Contractor shall be capable of furnishing all necessary services required to successfully complete all tasks and work requirements and produce high quality deliverables.

The subjective judgment of the diver is important because of the extensive reliance on visual examinations of structures. Only small (at least 10%) percentages of structural numbers in critical areas are spot checked with cleaning and measurements. Accordingly, each diving team assigned to a work order under this Contract is required to have at least one engineering diver (Engineer-in-charge), who shall be a licensed Professional Engineer, registered and licensed in the State of Maryland, with a degree in civil or structural engineering. The Professional Engineer diver shall be part of the diving crew and should be in the water activity performing inspections for at least 50 percent of all underwater inspection activities for each task assigned under this Contract. All divers (including Supervisors, Tenders and Professional Engineers) shall be:

1. Accredited by the Association of Diving Contractors International;

2. Trained and certified for scuba diving and surface air;

3. Skilled in the use of state- of- the art inspection equipment, including a broad range of viewing, cleaning, and measuring equipment;

4. Comply with US Government Occupational Safety and Health Administration (OSHA) diving standards, delineated in 29 CFR Part 1910; and

5. Have a minimum of three (3) years’ experience, within the past five (5) years, in performing marine structural inspections.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

1. The Maryland Department of Transportation Maryland Port Administration (MDOT MPA) is issuing this Request for Proposals (RFP) to provide all necessary expertise, labor, supervision, materials, and services defined in this Section 2, as specified in this RFP, from a Contract between the successful Offeror(s) and the MDOT MPA to provide diving services o n a work order, as needed basis. These services may include, but are not limited to; diving, hydrographic survey, and underwater imaging services at various locations at the Administration’s marine terminals.

2.1.1 The Contract shall be performed in accordance with the MDOT MPA Terms and Conditions - Contracts for Services, attached hereto as Attachment G and incorporated herein by reference.

2.1.2 The MDOT MPA intends to make a single award as a result of this RFP. See RFP Section 4.9 Award Basis for more Contract award information.

2.1.3 The Contract term shall be from the date the MDOT MPA issues a Notice to Proceed for this Contract until such time as the Contractor exhausts the not-to-exceed amount of $100,000.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1. Background and Purpose

The MDOT MPA is soliciting competitive sealed proposals to establish a contract for architectural and engineering services to include all labor, materials, equipment, and supervision required to perform diving, hydrographic survey, and underwater imaging services at various locations at the Administration’s marine terminals, on an as-needed basis. An award will be made to the Consultant with the highest technical evaluation provided contract price negotiations are successful. All personnel assigned to work under this contract shall be properly trained and competent. All Consultant’s personnel shall report to the MDOT MPA’s Director of Engineering or designee. The MDOT MPA shall retain the right to assign its own Resident Engineers to perform in whole, or part, the services sought hereunder. All work performed under the contract issued under this RFP shall be done in a manner and method to the complete satisfaction of the MDOT MPA Director of Engineering, and in accordance with generally accepted architectural and engineering practices. Work will be performed in accordance with the attached MDOT Terms and Conditions for Service Contracts (Attachment G) and specifications and all other contract documents.

2.2 Responsibilities and Tasks

The work to be accomplished by Contractor personnel under this contract shall include but not limited to the following subtasks:

A. Scope-of-Work

The Contractor shall perform diving services, including bathymetric and acoustical imaging surveys, as requested through individual task orders requested by the Administration. The scope of work for each task order will be based upon, but not necessary limited to, factors such as the inspection level of effort and purpose, type of survey including bathymetric and acoustical imaging and construction of the structure to be inspected, the function and use of the structure, the structure’s maintenance and repair history, biofouling and deterioration, water depth (52 feet max), temperature, and structure accessibility.

Generally speaking, each task order will consist of an underwater imaging component and/or an underwater inspection with three different levels of inspection as outlined in paragraph B below. A three-man dive team size shall at a minimum consist of at least one Maryland Professional Engineer diver, a dive tender, and another diver. The Professional Engineer shall be part of the diving crew, shall be in the water performing inspections for at least a minimum 50% of all in-water inspection activities, and shall be onsite for the entire duration of every task. The results of each inspection shall be summarized in a formal report.

B. Levels of Effort

For purposes of illustration, task order inspections will generally comprise of one or a combination of all the following three levels:

Level I General Inspection

Level I – General Inspection

The Level I effort is essentially a general inspection “swim-by” overview. It does not involve cleaning of structural elements, which allows the inspection to be conducted rapidly. The Level I effort can confirm as-built structural plans and detect obvious major damage or deterioration due to overstress (collisions, ice), severe corrosion, or extensive biological growth attack. The underwater inspector relies primarily on visual and/or tactile observations (depending on water clarity) to make condition assessments. These observations are made over the specified exterior surface area of the underwater structure whether it is a quaywall, bulkhead, seawall, pile or mooring. Although this is an overview, close attention should be given to conforming or providing information to update available facility drawings and condition evaluations.

Level II – Detailed Inspection

The Level II efforts are complete, detailed investigations of selected components or subcomponents directed toward detecting and describing damaged or deteriorated areas which may be hidden by surface biofouling. Limited deterioration measurements may be obtained. These data are sufficient for gross estimates of facility load capability. Level II inspections will often require cleaning of structural elements. Since cleaning is time consuming, it is generally restricted to areas that are critical or which may be typical of the entire structure. Simple procedures, such as use of calipers and other measuring are commonly used to take physical measurements. Subjective judgments of structural integrity are occasionally made by probing wood with ice picks and by pounding concrete with hammers. A small percentage of more accurate measurements (Level III efforts) taken with sophisticated instruments may be required to statistically validate large numbers of simple measurements and will enable gross estimates to be made of the structure’s integrity. For example, on extensively corroded steel H-piles, a small (a minimum of 10) percentage of piles may receive ultrasonic thickness measurements to determine typical cross-section profiles. The cross-sections determined by these spot checks may be used to determine individual H-pile vertical load capability.

Level III – Highly Detailed Inspection

The Level III effort is a more detailed and thorough investigation to detect the full extent of hidden or interior damage and the loss in material thickness. Recommendations for repairs are estimated based on size of sample examined by a Level III effort. Detailed underwater engineering surveys or 100% Level III effort examination are required to obtain complete information for development of plans and specifications. Level III often requires the use of Non-Destructive Testing (NDT) techniques but may also require the use of partially destructive techniques such as sample coring through concrete and wood structures, physical material sampling, or in situ surface hardness testing. A Level III effort usually requires prior cleaning. The use of NDT techniques is generally limited to key structural areas, areas that may be suspect, or to structural members which may be representative of the total structure.

C. Photo Documentation

Color photographs shall be taken during the inspection to document facility configuration, representative damage, or deterioration, both typical and extraordinary marine biofouling, pile splices or joints, cross-bracing and previous repairs. Photographs shall include samples of structural members at the mud line, tidal zone and midway between both areas. Turbid water conditions can be overcome for close-ups photos by the use of clear water boxes and wide angle and close-up lenses. Underwater television can be useful to document general observations and to have real-time display available on the surface. Color TV is preferable to black and white because the colors provide more distinction between types of corrosion and biofouling than do shades of gray. However, the video image lacks the resolution and color rendition qualities of still photography. Therefore, Color TV should be used to augment color still photography rather than to replace it. Both types of visual records are useful to the structural analyst, particularly one who may not be part of the dive team.

D. Data Collection

Since industry practices for obtaining and recording underwater data vary, the collection of data is standardized as much as possible. The Contractor shall obtain a full set of updated drawings of the facilities and other necessary data required by the inspection team. These include pile plan layouts and cross sections of typical bents. Throughout the inspection, notes shall be taken of all observations by the EIC as well as by the inspecting team. The inspectors shall maintain a daily log of the inspection details. The log shall clearly document the exact location of all observations minimally showing relative elevation along the pile, water depth relative to MLW and location of each pile on the pier as well as all measurement data. Specific test and measurement data shall be recorded manually in formats, which are standardized for easy input to a computer database for the underwater inspection program.

E. Underwater Imaging

When requested, the Contractor shall perform underwater imaging and/or bathymetric surveys to determine mudline depths, locations of debris, and also side scan images. This work shall include all data collection as well as data analysis and manipulation (i.e. stitching together images). The images provided to the MPA shall be linked to GPS coordinates and overlaid on an aerial image.

F. Reports

UNDERWATER INSPECTION REPORT OUTLINE

Report Cover (Government Furnished) Title Page Executive Summary (light blue paper) Executive Summary Table (light blue paper) Table of Contents List of Figures List of Photographs

Section 1. Introduction

1.1 Project Task Description

1.2 Report Content

1.3 etc.

Section 2. Activity Description (information that will effect inspection, repair or rate of Deterioration Taken from Base Station Master Plan)

2.1 Activity Location

2.2 Existing Waterfront Facilities at Activity

2.3 Climate

2.4 Topography, Hydrology, Oceanography Date

2.5 etc.

Section 3. Inspection Procedure

3.1 Level(s) of Effort

3.2 Inspection Pattern/Procedure

3.3 Equipment

3.4 etc.

Section 4. Facilities Inspected

4.1 Type Facility and Number

4.1.1 Description

4.1.2 Observed Inspection Condition

4.1.3 Structural Condition Assessment

4.1.4 Recommendations

4.1.5 Conclusions

4.2 Repeat as Necessary

Appendices A Field Notes B Backup Data for Cost Estimates (gross) C Backup Computations of Structural Analysis (sample) D Measured Data (thickness measurements, etc) E Underwater Imaging Data F Bibliography or any References

For each inspection including bathymetric and acoustical imaging survey performed, a written report shall be prepared. The report shall describe the construction and physical condition of each facility inspected, the inspection procedure followed, structural assessments, maintenance and repair recommendations, if requested and budget estimates of repair costs. Table1-2 is a sketch of the written report. The report shall contain sufficient technical data to formulate structural assessments, maintenance and repair recommendations for present and future engineer work.

G. Plans

The inspection report shall provide significant information to update the latest facility drawing descriptions, if requested. These updates may be required to correct facility size, water depth and number of piles and pile arrangement. The pile plans included in the report may be the only accurate record of the piles supporting a structure.

H. Response Time

The minimum response time for a single dive crew required for urgent and emergency tasking shall be one (1) business day and four (4) hours respectively. All other tasking shall commence within 5 business days unless otherwise approved.

2.3 Project Work Orders

All work performed by the Contractor shall be documented in a Work Order signed by authorized representatives of both parties. Each Work Order shall, at a minimum, describe the work to be done, the number of the Contractor's personnel assigned to MDOT MPA's work, the duration of each individual's assignment, and the fees for the work to be performed.

2.4 Manner of Performing Services

The Contractor, in conjunction with its personnel, will determine the method, details, and means of performing the services to be performed for the MDOT MPA. The MDOT MPA shall, however, be entitled to exercise broad general power of supervision and control over the results of services performed by the Contractor to assure satisfactory performance, including the right to inspect, the right to stop work, the right to make suggestions or recommendations as to the details of the work, and the right to request modifications to the scope of the Work Order.

2.5 Scheduling

The Contractor shall use its best efforts to accommodate work schedule requests of the MDOT MPA. Should any personnel of the Contractor be unable to perform scheduled services because of illness, resignation or other causes beyond the Contractor's reasonable control, the Contractor shall replace such personnel within a reasonable time.

2.6 Reporting

The MDOT MPA’s Director of Engineering or Designee will advise the Contractor of the individuals to whom the Contractor will report progress on day-to-day work. The MDOT MPA and the Contractor shall develop appropriate administrative procedures for performance of services required by the Contract.

2.7 Subcontractors

A. There are no MBE requirements for this contract.

B. Except as otherwise provided herein, the Contractor shall not subcontract any of the services required by this RFP without the prior written approval of the MDOT MPA. The Contractor shall have a written subcontract with each of its subcontractors which incorporates the requirements of this Contract. Upon the request of the Contractor, the Procurement Officer may waive certain requirements for a subcontractor if, in his or her sole judgment, governing law or regulations permit a waiver and the requirements are not necessary for adequate performance or it is in the best interest of the MDOT MPA to waive them.

C. The Contractor shall comply with all applicable laws, regulations, and procedures of the MDOT MPA in the procurement of all subcontractors and the approval of a subcontract by the MDOT MPA shall not operate as a waiver of these requirements or an acknowledgement that they have been satisfied.

2.8 Relationships with Others

The MDOT MPA may have other contractors and/or consultants under contract to provide services related to the project. The Contractor shall cooperate fully with all other contractors and/or consultants on the project.

2.9 Studies and Reports

Studies and reports, when required, shall be furnished in the format and number of copies provided in the approved Work Order. Prior to submission of a final product, the Contractor shall submit format for the MDOT MPA Contract Representative’s review and approval.

2.10 Confidentiality

A. The Contractor shall treat all documents obtained, created, or maintained in its custody, possession, or control in furtherance of its performance of this Contract as confidential commercial information and pre-decisional deliberative material and shall permit no third party to inspect them or obtain any copy thereof without the MDOT MPA’s express written consent.

B. Any information, whether proprietary or not, made known to or discovered by the Contractor during the performance of or in connection with this RFP, will be kept confidential and not be disclosed to any person other than the MDOT MPA, its designated officials, employees, and authorized agents, except as otherwise required by law.

C. The Contractor shall notify the MDOT MPA in writing immediately if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this RFP or which can or may create a conflict of interest on the part of the Offeror or any of its representatives, officers, officials, or employees or any representative, official, or employee of the MDOT MPA.

3 Contractor Requirements: General

3.1 Invoicing

3.1.1 General

A. The Contractor shall send the original of each invoice to MDOT MPA Accounts Payable, 401 East Pratt Street, Suite 1100, Baltimore, MD 21202 or to the following email address mpainvoices@marylandports.com.

All invoices shall be verified by the Contractor as accurate at the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

a) Contractor’s name and address;

b) Remittance address;

c) Federal taxpayer identification (FEIN) number, social security number, as appropriate;

d) Invoice period (i.e. time period during which services covered by invoice were performed);

e) Invoice date;

f) Invoice number;

g) MDOT MPA assigned Contract and/or (Blanket) Purchase Order number(s);

h) Goods or services provided;

i) Amount due; and

j) Any additional documentation required by regulation or the Contract.

The MDOT MPA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MDOT MPA with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

Any action on the part of the MDOT MPA, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

The MDOT MPA is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.2 Insurance Requirements

The requiring of any and all insurance as set forth in these specifications, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract Documents.

No acceptance and/or approval of any insurance by the Maryland Department of Transportation Maryland Port Administration shall be construed as relieving or excusing the contractor, or the Surety of his Bonds, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

The Contractor shall at all times during the term of this Contract, and until it has received Notice of Final Acceptance by the Maryland Port Administration, or the Engineer, maintain in full force and effect the polices of insurance required by this Section. The Contractor shall provide the Maryland Port Administration with evidence that the required insurance has been obtained. Insurance companies must be rated A- VIII or better by AM Best and should be lawfully authorized to do business in the State of Maryland or in the jurisdiction where the work is being performed. The Contractor shall name the Maryland Port Administration, MDOT and the State of Maryland as additional insureds on each of the policies (except Workers’ Compensation, Builders Risk Insurance and Professional Liability, see section B7) listed in Paragraph B. The commercial general liability additional insured endorsement should include “on-going operations” and “completed operations” coverage for the additional insured and a copy should be attached to the certificate of insurance. The Contractor shall provide certificates of insurance or other evidence that it has complied with this provision before commencement of work under this contract. Certificates shall indicate effective dates and dates of expiration of policies. However, the Contractor, if requested by the Maryland Port Administration, shall provide certified true copies of any and all of the policies of insurance to the Maryland Port Administration.

The Contractor shall not commence work under this contract until all the insurance required under this section has been obtained and approved by the Maryland Port Administration, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and approved. Contractors of every tier should waive (and require their insurers to waive by endorsement) subrogation rights against the State for losses and damages incurred under the insurance policies required by the agreement. Contractors’ general liability and automobile liability insurance should be endorsed to include MPA, MDOT, and the State of Maryland as additional insureds and provide that such additional insured coverage will be primary and no contributions shall be permitted from any insurance or self-insurance maintained by the MPA, MDOT, or the State of Maryland.

All insurance policies required by this Section, or elsewhere in the Contract Documents, shall be so endorsed as to provide that the insurance carrier will be responsible for giving immediate and positive notice to the Maryland Port Administration in the event of cancellation or modification of the insurance policy by either the insurance carrier or the Contractor, at least sixty (60) days prior to any such cancellation or modification. A copy of the endorsement for each insurance policy shall be submitted to the Maryland Port Administration before any work under this Contract commences.

The Contractor shall purchase and maintain during the life of this contract:

A. Workers' Compensation

1. Workers' Compensation insurance as required by the laws for the State of Maryland, which shall include Employer's Liability coverage for each accident, disease policy limit, and disease – each employee.

2. Such policy or policies of insurance mentioned above shall also include coverage for the benefits as set forth under the U.S. Longshoremen and Harborworkers Compensation Act, the Jones Act and other Federal laws where applicable.

B. Liability Insurance

Occurrence forms of commercial general liability insurance covering the full scope of this agreement with limits not less than $2,000,000 each occurrence and $4,000,000 general aggregate limit per project, $300,000 for damage to rented premises, and $10,000 medical payments to others. The commercial general liability coverage should include blanket contractual liability covering indemnity obligations. Such insurance shall include but shall not be limited to, the following:

Commercial general liability insurance including and covering: a) premises and operations liability, b) products and completed operations liability, c) independent Contractors, d) blanket contractual liability, e) employees as additional insureds, f) notice of occurrence, g) knowledge of occurrence by specified official, h) unintentional errors and omissions, i) bodily injury or property damage for contamination by pollutants arising from the completed work, k) extended definition of bodily injury, l) personal and advertising injury coverage (hazards A and B) with no exclusions for liability assumed contractually or injury sustained by employees of Contractor, m) coverage for damage to property of the Maryland Port Administration, as well as other third parties resulting from negligence in the completion of the Contractor's services, n) Ship Repairer's Legal Liability.

2. Automobile liability insurance. Coverage use of any company owned motor vehicle to be used in conjunction with this contract, including owned, hired automobiles and non-owned automobiles with limits not less than $1,000,000 combined single limit.

3. Marine or Aviation insurance. Insurance coverage for any operations performed within the scope of this Contract by Contractor or its Subcontractors require the use of any aircraft or watercraft (owned or non-owned), Contractor shall maintain liability insurance satisfactory to the Maryland Port Administration to cover such activities. Such coverage must be included as underlying insurance in any umbrella policies carried by the Contractor.

4. Contractor’s Pollution Liability (CPL). Contractor shall procure and maintain Contractor’s Pollution Liability (CPL) insurance with minimum limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate to provide coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor and/or subcontractors employed by the Contractor described in the Contractor’s scope of services. Policy shall cover the Contractor and/or subcontractors employed by the Contractor completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). The CPL should be written on an occurrence form policy; if the policy is written on a claims made form, coverage for completed operations shall be provided for a period of not less than five (5) years following completion of all work under this agreement. The Contractor will provide coverage for claims and cleanup costs arising out of mold, microbial matter and Legionella. Such coverage shall be for the full limits of the policy unless a lower sublimit is approved in writing. Additional requirement of the CPL is that all transportation coverage for the movement of hazardous materials from the project site to a disposal location by either vehicles owned by the Contractor and/or subcontractors employed by the Contractor. A waiver of subrogation should be included in favor of the State of Maryland, its officers, employees, and agents.

5. Professional Liability. Contractor shall also purchase and maintain professional liability including pollution incident coverage of $1,000,000 each claim or occurrence and a $2,000,000 aggregate should be required of any Contractors, subcontractors or sub-subcontractors providing architectural, engineering and/or design services. Insurance should be kept in force for at least five (5) years after final completion of project.

If any operations performed within the scope of this Contract by Contractor or its Subcontractors require the use of any aircraft or watercraft (owned or non-owned), Contractor shall maintain liability insurance satisfactory to the Maryland Department of Transportation Maryland Port Administration to cover such activities. Such coverage must be included as underlying insurance in any umbrella policies carried by the Contractor.

It is the sole responsibility of the Contractor to see that any and all of its Subcontractors or their Subcontractors carry insurance required herein to the extent Contractor wishes to impose on its Subcontractor such liability insurance. Automobile liability insurance required herein shall be provided by each Subcontractor. The Contractor shall be held responsible for compliance and enforcement of the Maryland Department of Transportation Maryland Port Administration's insurance requirements and the Contractor’s own requirements and for any modifications or waivers of these insurance requirements as they apply to Subcontractors.

The Maryland Department of Transportation Maryland Port Administration shall have the right to require that the limits of liability set forth in the above paragraphs hereof be raised if in its sole judgment economic or insurance market conditions warrant. If additional costs are incurred because of raised limits, the pre-approved additional cost shall be added to the Contract Sum.

Without limitation of any other provisions of this contract, if (a) the Contractor's agreement herein to insure or to name as an additional insured the Maryland Department of Transportation Maryland Port Administration and the State of Maryland with respect to contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, or (b) any Contract of insurance between the Contractor or any Subcontractor and its insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of Contractor's agreements and obligations under the Contract Documents nor the validity or enforceability of such contract of insurance, each of which shall be enforced to the fullest extent permitted by law.

The furnishing of evidence of insurance by certificate or policy copy that is not in conformance with the above requirements shall not constitute a waiver or amendment of the requirements. Any modification or waiver of the requirements is only effective if provided by the Maryland Department of Transportation Maryland Port Administration in writing to the Contractor and agreed to by signature of any authorized Officer of the Contractor.

3.3 MDOT MPA Photography Policy

Photography and filming on MDOT MPA terminals is prohibited without prior approval.

All persons authorized to take photos or to film must adhere to the MDOT MPA Photography Policy. See: www.marylandports.com/security/photo.htm. Written requests for approval should be submitted through the Procurement Officer.

3.5 Contractor’s Safety and Health Program

At the time of award, the Contractor should provide a copy of its Safety and Health Program. The Safety and Health Program should require adherence to all applicable state and federal regulations (see Attachment I-Contractor’s Environmental Handbook). At a minimum, it should provide a description of the following:

1. Accident Reporting and Investigation and First Aid

1. Safety Inspection Program

1. Responsibilities of project personnel

1. Emergency Procedures

1. Personal Protective Equipment, including fall protection

1. Safety Training (Records should be available)

1. Hazard Communication procedures, including written program

1. Identification of chemicals to be used and stored on site

1. Types of equipment used and required training, including mobile equipment

1. Lockout/Tagout Program

1. Job Hazard Analysis for the work to be performed

A. Additional Health, Safety and Environmental Requirements

Additional Health, Safety and Environmental requirements may be necessary as specified in the Technical Specifications, Contract Drawings, and/or State and Federal Regulations.

4 Procurement Instructions

4.1 Pre-Proposal Conference

There will not be a pre-proposal conference for this contract.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The RFP, Offerors’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions shall identify in the subject line the Solicitation Number and Title (221007-AE – Diving Services) and shall be submitted in writing via email to the Procurement Officer no later than the date and time specified on the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

4.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for RFP amendments and posted on eMMA.

4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the MDOT MPA unless it issues an amendment in writing.

4.4 Procurement Method

A Contract will be awarded in accordance with the Architectural and Engineering Services, Contracts for $200,000 or less, under COMAR 21.12.03.01

4.5 Proposal Due Date and Time

4.5.1 Technical Proposals, in the number and form set forth in Section 5 Proposal Format, must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Offerors are responsible for assuring that Proposals are delivered to the required place before the deadline for receipt of Proposals. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after the due date and time listed on the Key Information Summary Sheet will not be considered.

4.5.4 The date and time of an email submission is determined by the date and time of arrival in the email address indicated on the Key Information Summary Sheet.

4.5.5 Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth on the Key Information Summary Sheet for receipt of Proposals.

4.5.6 Proposals may not be submitted by mail, in person or facsimile. Proposals are not being accepted via eMMA. Proposals will not be opened publicly.

4.5.7 Potential Offerors not responding to this solicitation are requested to submit the “No Proposal Notice/Vendor Feedback Form”, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted.

4.7 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

4.8 Public Information Act Notice

4.8.1 The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

4.8.2 Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

4.9 Award Basis

A Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the most advantageous to the MDOT MPA, considering price and evaluation factors set forth in this RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP. In making the most advantageous Offeror determination, technical factors will be given greater weight than price. See RFP Section 6 for further award information.

4.10 Oral Presentation

Offerors may be required to make oral presentations to MDOT MPA representatives in order to clarify their Proposals or to respond to questions from the MDOT MPA. Attendance at oral presentations will be limited to representatives of the Offeror and the MDOT MPA. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

4.11 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days following the Proposal due date and time, best and final offers if requested, or the date any protest concerning this RFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

4.12 Revisions to the RFP

4.12.1 If the RFP is revised before the due date for Proposals, the MDOT MPA shall post any addenda to the RFP on eMMA and shall endeavor to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It remains the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

4.12.2 Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Transmittal Letter accompanying the Offeror’s Technical Proposal.

4.12.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

4.12.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

4.12.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

4.13 Cancellations

4.13.1 The MDOT MPA reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the MDOT MPA.

4.13.2 The MDOT MPA reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

4.13.3 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.13.4 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the MDOT MPA determines that the services can be provided more cost effectively by the public institution of higher education, then the RFP may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.14 Incurred Expenses

The MDOT MPA will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

4.15 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.16 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP, the MDOT MPA’s Terms and Conditions – Contracts for Services, and the Contract, attached hereto as Attachment F (Sample Service Agreement). Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s Proposal. The MDOT MPA reserves the right to accept or reject any exceptions.

4.17 Bid/Proposal Affidavit

A Proposal submitted by the Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment A of this RFP.

4.18 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment E of this RFP. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.19 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.20 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT).