4273NOM426SB_BID_PACKET.pdf

CYCLES OF TRACTOR MOWING, TRIMMING AND LITTER PICKUP ON MD 30, MD 91 AND

MD 140 IN THE OWINGS MILLS SHOP AREA IN BALTIMORE COUNTY

Solicitation #: 4273NOM426SB IFB Document

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STATE OF MARYLAND

MARYLAND STATE HIGHWAY ADMINISTRATION

MDOT

INVITATION FOR BIDS (IFB)

CYCLES OF MOWING, TRIMMING AND LITTER PICKUP

ON MD 30, MD 91 AND MD 140 IN THE OWINGS MILLS SHOP

AREA IN BLATIMORE COUNTY

IFB NUMBER 4273NOM426SB

ISSUE DATE: APRIL 9, 2025

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

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the 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. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

IFB for MDOT Page 2 of 34 interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance: Cycles of Tractor Mowing, Trimming and Litter Pickup on MD 30, MD 91 and MD 140 in the Owings Mills Shop Area in Baltimore County

Solicitation Number:

4273NOM426SB

IFB Issue Date: APRIL 9, 2025

IFB Issuing Office:

District 4 Office

Procurement Officer:

Jim Flutka 320 West Warren Road Hunt Valley Md 21030

Email:

Phone Number:

jflutka@mdot.maryland.gov

410-229-2364

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number:

4273NOM426SB

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

N/A

Scheduled Site Visit

N/A

Questions Due Date and Time:

Five days prior to bid opening Local Time

Solicitation #: 4273NOM426SB IFB Document

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Bid Due (Closing) Date and Time:

APRIL 25, 2025 @ 9:30 AM Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location

ALL BID WILL BE OPENED ON EMMA

MBE [[OR]] DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of ___0__ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

___0__% for African-American MBEs;

___0_% for Asian-American MBEs;

___0_% for Hispanic-American MBEs; and

___0_% for Woman-Owned MBEs.

N/A

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0___% N/A Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the VSBE program and goals.

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

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Contract Type: Insert contract Type LINE ITEMS WITH ESTIMATED QUANTITIES

Contract Duration:

This contract will expire on December 31, 2026, or when funding is exhausted.

Primary Place of Performance:

Insert Primary Place of Performance N/A

SBR Designation: Yes

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

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3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The contractor must have at least FIVE (5) years of experience in the Highway Maintenance work.

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

PROJECT DESCRIPTION

This open-ended, on-call, Contract consists of median and roadside tractor mowing, trimming, and litter pick up at various locations.

If applicable, the limits of this Contract work may extend to the other maintenance shops in this District, should extenuating circumstances dictate the need, as mutually agreed upon by both the Administration and the Contractor.

A bid item, if applicable, has been established for Mobilization for Work in adjacent Districts. This item would be used only for extenuating circumstances that would dictate the need for the limits of this Contract work to extend to adjacent Counties in the neighboring Districts. This item, to offset the cost of these limit extensions to a neighboring District, will be paid each time the Contractor mobilizes to complete a work order containing a list of roadways in a neighboring District. The Contractor is entitled to only one mobilization payment for each work order, regardless if the list contains different routes, noncontiguous sections on the same route, or different counties within that district.

The value of this mobilization item, as shown in the Schedule of Items, shall not be altered in any way by the Contractor, but shall be included in the total bid. The value of this item is estimated and may or may not be used in its entirety.

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

EQUIPMENT

The Contractor shall make available all necessary equipment to perform tractor mowing, trimming and litter pick up activities. This shall include, but not limited to:

A) 2 – Tractor Mowers per cutting – tractor mowers shall have rear and side mounted, P.T.O. or hydraulic driven flail mowers. Each mower shall be equipped with the leveling roller or wheel attachment and be capable of up to an 80" cut. All mowers shall be equipped with R.O.P.S., with overhead revolving lights and other safety equipment required by M.O.S.H.A.

B) Truck(s)/Truck and Trailer - Capable of transporting all equipment and personnel to job site.

C) Protection Vehicle(s), as required D) 2 - Self -propelled, walk behind mowers with 48” - 60” cutting capacity (with baggers).

E) 1 - Push mower with 20” - 27” cutting capacity.

F) 3 - Heavy duty string trimmers.

G) 2 - Portable blower unit - Either backpack mounted or hand-held.

H) All safety equipment required by M.O.S.H.A. and the Administration for Hand mowing and trimming activities.

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As needed and approved by the Engineer: 2 - Zero Turn Mowers with 42” - 60” cutting capacity and bagging system.

ADDITIONAL REQUIREMENTS

Some areas within the limits of work are too narrow to keep grass clippings from entering the roadway, whether the median or shoulder, therefore; Mowers with baggers are a requirement in this Contract.

Contractors shall adjust their bid accordingly. The contractor shall remove and dump all clippings at the disposal area provided by the Administration.

No payment will be made for mowers with or without baggers.

If the Contractor mows clippings into the roadway and fails to clean up the clippings the same day, all costs for work associated with the clean-up will be calculated and deducted from the Contractor’s next invoice and be grounds for termination of the Contract.

MOWING LOCATIONS AND ESTIMATED ACREAGE / LINEAR FEET

The acreage of each mowing location is estimated. It shall be the bidder's responsibility to review the locations in the company of the Engineer and bid accordingly. If there are any questions concerning the mowing locations or acreage, contact the Engineer at 410-229-2364.

# ROUTE LIMITS QUANTITIES

MD 30 WESTMINSTER PIKE/REISTERSTOWN ROAD

TO CARROLL COUNTY LINE (0.00-7.40)

18 AC MOW

18 AC LITTER

20,000 LF TRIMMING

MD 91 CARROLL COUNTY LINE TO MD 30

HANOVER PIKE (0.00-1.42)

3.5 AC MOW

3.5 AC LITTER

2,000 LF TRIMMING

MD 140 I-795 TO PATAPSCO RIVER BRIDGE (10.36-

12.24)

7 AC MOW

7AC LITTER

7,000 LF TRIMMING

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SPECIFICATIONS

All work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications titled, "Standard Specifications for Construction and Materials Book" revisions thereof, or additions thereto, (see the “Notice to Contractor – Request for Information” for the version applicable to this Contract); and the Special Provisions included in this Invitation for Bids.

In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Engineer will be the sole authority as to the proper procedure to follow.

EMPLOYMENT AGENCY

Maryland’s American Job Centers link can be found on the Maryland Department of Labor, Division of Workforce Development and Adult Learning, Office of Workforce Development's Web site at: http://www.labor.maryland.gov/county/

TERM OF CONTRACT

If monies remain in this Contract and if work remains to be performed beyond the aforesaid completion date, the Administration may extend, at their discretion, the completion date to allow the unfinished work to be completed.

If the Administration desires and authorizes an extension to the completion date, a change order will be issued. The criteria for the extension must comply with the guidelines established in the Board of Public Works Advisory No. 1995-1, 6th Revision, effective December 15, 2011. If this Contract is extended, the terms, conditions and covenants set forth herein shall remain in full force and effect.

BONDING

Bonding will not be required on this Contract. In the event of a conflict with any bonding provisions elsewhere in the Contract Documents, including the Proposal Form Package (PFP), this provision takes precedence.

MAINTENANCE OF TRAFFIC

Maintenance of Traffic (MOT) shall be the responsibility of the Contractor.

The price bid for Maintenance of Traffic, if applicable, will include all engineering and work related to the development and application of the Traffic Control Plan(s), as well as all related items of work including furnishing, placement, maintenance, removal, and relocation of devices;

and the necessary labor, tools, equipment, and incidentals such as lights, STOP/SLOW paddles, flags, vests, etc., for which a specific bid item has not been established, to ensure the desired result of a safe and efficient work.

http://www.labor.maryland.gov/county/

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In the absence of a bid item for Maintenance of Traffic, the cost will be incidental to the pay items listed in the Schedule of Items and include all equipment such as stop/slow paddles, flags, signs, cones, and barrels, as applicable.

TRAFFIC MANAGER

The Traffic Manager shall be supplied in accordance with Section 104.18 of the Standard Specifications. The Contractor's Foreman assigned to each crew will be the Traffic Manager for each crew for this Contract. The Traffic Manager assigned to each crew shall be responsible for properly implementing traffic control and for maintaining surveillance on all aspects of traffic control safety, as directed by the Engineer and in accordance with the current Maryland Manual on Uniform Traffic Control Devices, and all supplements and revisions to the same. The Traffic Manager assigned to each crew shall have a copy of the most recent Traffic Control Standards, from the Maryland State Highway Administration Book of Standards, in his possession at each work site.

PROTECTION VEHICLE

A bid item, if applicable, has been established for a Protection Vehicle as per 104.23 or as directed by the Engineer. This item may not be used on a continuous basis. In the absence of a bid item for a Protection Vehicle the cost will be incidental to the pay items listed in the Schedule of Items.

Contractor shall supply all equipment and protection vehicle(s) as needed to conform to the “Manual on Uniform Traffic Control Devices” (MUTCD) current edition, revisions thereof, or additions thereto, NCHRP Report 350, and where applicable, the Administration’s Qualified Products List. All vehicles shall be equipped as specified and, at a minimum, shall have double flash amber warning light(s) mounted on the vehicle so that there is 360° visibility.

VARIATIONS IN ESTIMATED QUANTITIES

All items and quantities in these Special Provisions are provided for use when and as directed by the Engineer. The quantities for these items are established for the purpose of obtaining a bid price. The quantities for these items may be increased, decreased, or deleted entirely from the Contract by the Engineer.

SPECIAL BIDDING INSTRUCTIONS

THE CONTRACTOR IS ALERTED THAT A MINIMUM AND/OR MAXIMUM UNIT PRICE

MAY HAVE BEEN ESTABLISHED FOR SOME BID ITEMS IN THIS CONTRACT. THE

CONTRACTOR’S UNIT PRICE ON THE APPLICABLE BID ITEMS SHALL BE GREATER

THAN OR EQUAL TO THE ESTABLISHED MINIMUM UNIT PRICE AND LESS THAN OR

EQUAL TO THE ESTABLISHED MAXIMUM UNIT PRICE. IF A CONTRACTOR BIDS A

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UNIT PRICE BELOW THE MINIMUM OR ABOVE THE MAXIMUM ESTABLISHED

UNIT PRICE FOR ANY APPLICABLE ITEM, THE BID WILL BE CONSIDERED NON-

RESPONSIVE AND THE CONTRACTOR’S BID WILL BE REJECTED. THE

ESTABLISHED MINIMUM AND/OR MAXIMUM UNIT PRICE APPEARS IN THE

DESCRIPTION OF THE APPLICABLE BID ITEMS IN THE PROPOSAL FORM PACKET’S

BID ITEMS.

WORK SCHEDULING

The Contractor shall leave the names and telephone numbers of two individuals who may be contacted at anytime by the Engineer. The Contractor shall begin operations no later than 5 days after being contacted by the Engineer and continue operations until completion of all designated routes. If the Contractor fails to report to the designated starting point within 5 days, the sum of $250.00 per each tractor mower required, per each working day beyond 5 days will be deducted from any money due to the Contractor.

WORKING HOURS

Working hours shall be 7:30 A.M. to 4:00 P.M. Monday through Friday with the exception of State Holidays. High volume roadways will require work hour restrictions. Work will not be permitted on Saturdays, Sundays or State Holidays without the written permission of the Engineer. The Contractor shall receive daily orders from the Engineer. Daily working hours may be increased if mutually agreed upon by the Contractor and the Engineer.

GENERAL ISSUES

All work on this Contract shall be done in accordance with the following conditions and/or requirements:

1. All tractors shall have rear and side mounted, P.T.O. or hydraulic driven flail mowers. Each mower shall be equipped with the leveling roller or wheel attachment and be capable up to 80" cut. All mowers shall be equipped with R.O.P.S., with overhead revolving lights and other safety equipment required by M.O.S.H.A. There shall be a minimum of two tractor mowers per cutting.

2. Cutting knives shall be kept sharp at all times to ensure clean cut grass and a good final appearance.

3. The Administration reserves the right to discontinue use of mowers at anytime and the Engineer will be the sole judge as to whether the mowers are performing satisfactorily.

4. The Contractor shall place and remove signs as required, as the work progresses. In addition, the Contractor shall obtain warning signs and stands with the message "Mowers Ahead." The signs shall be placed as shown in the Maryland Book of Standards.

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5. The Administration will direct the Contractor as to which locations shall be mowed. The number of mowings needed to ensure a good appearance varies per season. The Engineer will be the sole judge of when each location shall be mowed. In addition, the Administration reserves the right to increase or decrease the number of mowings without renegotiating the contract unit prices for each mowing location.

6. The Contractor shall telephone the Engineer each day telling where his/her starting point is that day.

7. The Contractor shall perform mowing as per Administration mowing guidelines included in this Contract, or as directed by the Engineer. The Contractor shall be responsible for all areas regardless of ditches or obstructions that may make access difficult. Care shall be taken not to damage existing trees and shrubs, mowing shall be within 6 inches of all trees. All volunteer growth that is less than 10 feet high, especially multiflora rose, sumac and locust, shall be mowed. Mowed plants shall be cut up enough that they shall lay flat.

8. The Contractor shall notify the Engineer, within 24 hours, of any damages caused by the operation to private or State property. The Contractor shall have a minimum insurance coverage in the amounts specified elsewhere in the Contract documents.

9. The Contractor shall assign to the Contract, as his agent, competent supervision capable of communicating in English, and capable of reading and thoroughly understanding the Contract documents.

10. The Contractor shall provide all equipment and labor necessary to trim completely around the base of all signposts, traffic barrier posts, delineators, jersey walls, and other vertical objects.

In addition, trimming shall be done in between median traffic barriers. All trimming each day shall be completed within the area that was mowed that day.

CYCLE OF MOWING, TRIMMING, AND LITTER PICK UP

If applicable, for each bid item for CYCLE OF MOWING, TRIMMING, AND LITTER PICK UP; all mowing, trimming, and litter pick up shall be incidental to the price bid.

Additional bid items, if applicable, have been established for EXTRA MOWING, EXTRA TRIMMING and EXTRA LITTER PICK UP, and will be paid separately.

LITTER PICK UP

1. Prior to mowing or trimming, the Contractor shall pick up litter that is within the area being mowed or trimmed. In the event that the Engineer finds the litter pick up is not acceptable, the Engineer shall shut down mowing operations until the Contractor has removed the litter. The Contractor shall be responsible for providing trash bags and maintaining an accurate record of

IFB for MDOT Page 16 of 34 the number of bags of litter picked up per route. These records shall be available to the Engineer upon request. The Administration will provide a location for disposing of trash bags.

2. In the event the Contractor locates large debris such as a sofa, mattress, appliance, etc. or animal carcasses, the Contractor’s personnel shall notify the Engineer and they will coordinate removal.

This Contract is not intended for the removal of large debris or animal carcasses.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.1 This is <<a single award>> IFB [[Tailor according to the IFB. Replace single award with “up to X awards” if there is the possibility for multiple awards, with “X” being the maximum number of awards. If more than one award is possible based on different Service Categories/Functional Areas or Regions/Counties, state so here.]] See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

2.2.1 Project Goals

This open-ended, on-call, Contract consists of median and roadside tractor mowing, trimming, and litter pick up at various locations.

2.2.2 State Staff and Roles

State Highway Administration will provide locations and when cycles of mowing, trimming and litter pickup to begin..

State Project Manager

A. The State Project Manager is responsible for…… The State Project Manager will provide the following: …….

B. Other State Furnished Roles

2.2.3 Other State Responsibilities

N/A

A. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. N/A

2.3 Contractor Responsibilities and Tasks

SEE SECTION 2.1

A. Payment Information (reference to Standard Terms) B. Work Orders (reference to Standard Terms)

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C. Security Requirements (reference to Standard Terms) D. Insurance Requirement E. Heading for agency requirements F. Heading for agency requirements G. Heading for agency requirements

2.4 Supplemental Category of Work Requirements and Responsibilities

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing (see attachment 4)

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor 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. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise

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The State 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.

3.3.1 Invoice Submission Schedule

Subject to the performance of the work and its acceptance by the SHA, successful respondent may invoice the SHA for all appropriate charges for services performed within thirty (30) days after completion of the approved work. All such charges shall be derived in accordance with the prices originally quoted on the Contract Bid Form, attached hereto and made a part hereof. In the event that successful respondent is not in default of any of the contract terms and conditions, then SHA shall cause said invoice to be timely paid.

Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), and SHA contract number for this contract and a unique invoice number. Invoice shall contain details of services and include copies of the signed delivery tickets that apply. Failure to do so may result in delay of payment. Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees.

Invoices shall be sent to the following address:

State Highway Administration Owings Mills Maintenance Facility 10690 Red Run Boulevard

Owings Mills, MD 21117

Note: The State Highway Administration is exempt from Maryland Sales and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. Do not include tax.

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State. N/A

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B. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services. N/A

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the ___ business day of the month following the end of the invoice period. N/A

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB. N/A

3.3.2 Deliverable Invoicing

N/A

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.3 Labor Hour/Time and Materials Invoicing

N/A

Timesheet Reporting N/A

Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all Contractor Personnel / employees / resources working under the Contract.

At a minimum, each semi-monthly timesheet shall show:

1) Title: “Time Sheet for <<xxxxx>>”;

2) Issuing company name, address, and telephone number;

3) For each Contractor employee /resource:

a) Contractor employee / resource name, and

b) For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run 1st through 15th, and 16th through last day of the month.):

i) Tasks completed that week and the associated deliverable names and ID#s;

ii) Number of hours worked each day;

iii) Total number of hours worked that Period;

iv) Period variance above or below 40 hours;

v) Annual number of hours planned under the Task Order;

vi) Annual number of hours worked to date; and

vii) Balance of hours remaining;

4) Annual variance to date (Sum of periodic variances); and

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5) Signature and date lines for the Contract Monitor.

Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract Monitor shall sign the timesheet to indicate authorization to invoice.

1. Materials Reporting N/A

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

A. For the purposes of the Contract an amount will not be deemed due and payable if:

B. The amount invoiced is inconsistent with the Contract;

C. The proper invoice has not been received by the party or office specified in the

Contract;

D. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

E. The item or services have not been accepted;

F. The quantity of items delivered is less than the quantity ordered;

G. The items or services do not meet the quality requirements of the Contract;

H. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

I. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or J. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

A. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

B. Routine Travel is defined as travel within a 50-mile radius of the <<typeofAgency>>’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

C. Non-routine Travel is defined as travel beyond the 50-mile radius of <<typeofAgency>>’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. Non-routine travel will be reimbursed according to the State’s travel regulations and reimbursement rates, which can be found at: www.DBM.maryland.gov - search: Fleet Management. If Non-Routine travel is conducted by automobile, the first 50 miles of such travel will be treated as Routine Travel and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the IFB or Work Order.

IFB for MDOT Page 22 of 34

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

A. Additional << services >> will be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order.

IFB for MDOT Page 23 of 34

B. Work Order Requests (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pd

f) for the provision of services or resources that are within the scope of this IFB will be issued to the Contractor. The Work Order Request will include:

1) Technical requirements and description of the service or resources needed;

2) Performance objectives and/or deliverables, as applicable;

3) Due date and time for submitting a response to the request; and

4) Required place(s) where work must be performed.

C. The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

1. A response that details the Contractor’s understanding of the work;

2. A price to complete the Work Order Request using the format provided (see online sample).

3. A description of proposed resources required to perform the requested tasks, with labor categories listed in accordance with Appendix 3.

4. An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

5. Contractor’s expectations for State-furnished information, work site, and/or access to equipment, facilities, or personnel

6. The proposed personnel resources, including any subcontractor personnel, to complete the task.

D. For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this IFB. For a fixed price Work Order, the Contract Monitor will review the response and will confirm the proposed prices are acceptable.

E. The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

F. Proposed personnel on any type of Work Order shall be subject to the State’s prior approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

G. Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf

IFB for MDOT Page 24 of 34

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and

IFB for MDOT Page 25 of 34 procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for MDOT Page 26 of 34

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.13.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.13.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.13.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.13.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.13.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.6 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

IFB for MDOT Page 27 of 34

IFB for MDOT Page 28 of 34

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for MDOT Page 29 of 34 for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in 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 Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the…