5-1-26-3-41-5 Addendum No 3.pdf

MAY 8, 2026

ON-CALL EMERGENCY RESPONSE, COORDINATION, REMEDIATION

AND RESTORATION SERVICES FOR BALTIMORE WASHINGTON INTERNATIONAL

THURGOOD MARSHALL AIRPORT AND MARTIN STATE AIRPORT FACILITIES

MES PROJECT ID NO: 1-26-3-41-5

ADDENDUM NO. 3

PROPOSAL DUE DATE: MAY 27, 2026

PROPOSAL DUE TIME: 1:00 PM

TO ALL PROSPECTIVE BIDDERS:

Please note the following changes presented herein in connection with the above-referenced project and be governed accordingly. The prospective Bidders shall acknowledge on the Bid Form the receipt of Addendum No. 3. This addendum is hereby made a part of the Contract Documents of which the contract will be based and is issued to modify, explain, and/or correct the original Contract Documents. All Bidders shall include any cost impact in their bids.

ITEM 1: SUPPLEMENTAL LANGUAGE: BWI SECURITY REQUIREMENTS

All Contractor employees working in secured areas of BWI (airfield and passenger terminal) must observe the herein included security requirements.

ITEM 2 SUPPLEMENTAL LANGUAGE: BWI INSURANCE REQUIREMENTS

All Contractors working in secured areas of BWI (airfield and passenger terminal) must observe the herein included insurance requirements.

Robert Verk Procurement Administrator

End Addendum No. 3

Security Requirements

A. Security must be considered in all phases of the On-Call Emergency Response, Coordination, Remediation and Restoration contract life cycle and treated as an integral part of any system development or implementation project, including system modifications. All systems, structures, procedures, techniques, practices, drawings, documents and arrangements must be treated as security sensitive information and shall be safeguarded at all times. It is the Contractor’s responsibility to become familiar with the various aspects of 49 CFR 1542, Transportation Security Administration, Department of Transportation, and Airport Security. Any violation by the Contractor and any subsequent fines imposed due to the violation will be the responsibility of the Contractor. The Contractor may find a link to 49 CFR 1542 on the TSA website.

B. All Contractor employees working in secured areas shall be required to obtain a valid airport-issued Security Identification Badge from the Maryland Aviation Administration, including a U.S. Customs Seal, in accordance with SP-1.29 BWI Airport Security, Access Badge, Airfield Vehicle Ramp Permits and U.S. Customs Access Badges. Contractor personnel shall not be permitted to begin work on the job site until issued a Security Identification Badge. Contractor must ensure that Badges are displayed at all times while employees are in the Security Identification Display Area (SIDA).

Note: Airport Security Clearance usually takes about two to four (2-4) weeks. Contractor should plan accordingly as no Contractor or Subcontractor employee who is not properly badged may start work on this Contract.

C. The Contractor shall be required to obtain an Airport Customs Security Area Bond in accordance with SP-1.29 BWI Marshall Airport Security, Access Badges, Airfield Vehicle Ramp Permits and U.S. Customs Access Badges. The Contractor shall be reimbursed for the direct cost of the bond from the overall contract value.

D. The Contractor is responsible for maintaining a list of authorized identification badge holders within the Contractor’s organization. Upon MES’s request, the Contractor must be able to submit a report listing the badge holders. The report must include the following:

1. Company Name

2. MES Contract Number

3. Application Date

4. Name of Badge Holder

5. Badge Number

6. Badge Approval Date

7. Customs Area Access Information

8. Expiration Date.

E. All Airport access identification badges are the property of the Maryland Aviation Administration (MAA). Upon the Contract Ending Date, or in the event any Representative is terminated for any reason or resigns, or is absent in excess of 22 days, the access badges must be returned to the MAA Office of Airport Security within 24 hours. A copy of the return receipt certificate (issued by the Office of Airport Security) must be submitted to the MES Authorized Signer of the original application. The Contractor’s invoice payment or a fine of $1,000.00 per person per occurrence may be withheld unless the access badges are returned, and a return receipt certificate is tendered.

F. All Contractor employees who operate motorized vehicles shall be required to obtain a valid airport-issued driving permit. No individual shall be allowed to operate a motor vehicle unescorted in the BWI Thurgood Marshall Airport Air Operations Area (AOA) unless that individual is properly badged and has successfully completed Airfield Driver’s Training.

G. All motor vehicles operated by Contractor employees must have an airfield inspection performed before allowed onto the AOA. The vehicles must be free from any leaks (oil, fuel, coolant, hydraulic fluid, and chemicals), be equipped with safety equipment (fire extinguisher and triangles – no flares are acceptable), and all lights and warning devices shall be operational. The airfield inspection and all required repairs shall be at the Contractor’s expense

TP-1.26 Insurance Requirements

A. The Contractor shall be responsible for indemnifying the Maryland Environmental Service, the State of Maryland, the Maryland Department of Transportation, and their authorized officers, directors, agents, employees, volunteers, and representatives for any and all operations authorized under this Contract and as set forth elsewhere in this Contract.

B. The Contractor shall, at its own cost and expense, take out and carry in effect, through the term of this Contract (as defined elsewhere in this Contract) a policy or policies of insurance, with a reputable insurance company that is financially sound and, when possible, authorized to conduct business in the State of Maryland and upon whom process in any suit or action or other proceeding in the courts of the State of Maryland or of the United States may be served, insuring The Contractor against all liability, subject to policy terms, conditions and exclusions, for injuries to persons (including wrongful death) and damages to property caused by The Contractor’s use and occupancy of the premises or otherwise caused by the Contractor’ activities and operations on said premises or elsewhere at the Airport, the policy limits thereof to be in the minimum(s) which may be increased by MES, as deemed necessary, as set forth below. Said levels of insurance are to cover claims arising in connection with this Contract and shall not be subject to any degree of depletion as a result of claims arising in connection with other activities undertaken by the Contractor.

C. Commercial General Liability Insurance. The Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance.

1. The CGL insurance and, if necessary, commercial umbrella insurance shall be a limit of not less than Two Million Dollars ($2,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) aggregate, which may be increased by MES as deemed necessary.

2. The CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and shall cover, but not be limited to, liability arising from Premises, Operations, Independent Contractors and Subcontractors, Products-Completed Operations, Personal Injury and Advertising Injury, and liability assumed under an insured contract, and contain separation of insured (cross liability) condition. Explosion, Collapse, and Underground Property Damage Liability shall not be excluded.

3. The CGL insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to MES. There shall be no endorsement or modification of the CGL to make it excess over other available insurance. If the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured.

4. Waiver of Subrogation. The Contractor waives all rights against the Maryland

Environmental Service, the State of Maryland, the Maryland Department of Transportation, the Maryland Aviation Administration and their agents, officers, directors, employees, volunteers, and representatives for recovery of damages to the extent these damages are covered by the CGL or umbrella liability insurance obtained by The Contractor pursuant to this Contract.

5. Additional Insured Endorsement. The CGL and, if necessary, commercial umbrella insurance shall be endorsed to identify the State of Maryland, the Maryland Department of Transportation, the Maryland Aviation Administration, the Maryland Environmental Service and their authorized officers, directors, agents, employees, volunteers, and representatives as additional insured, not named insured, as their interest may appear in connection with this Contract. A policy endorsement evidencing same must be provided to MES in accordance with Paragraph K. Evidence of Insurance.

6. Cancellation, Material Changes, or Non-Renewal Endorsement. The CGL and, if necessary, commercial umbrella insurance shall be endorsed to provide MES with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy

D. Commercial Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance and, if necessary, commercial umbrella liability insurance with limits, which may be increased by MES, as deemed necessary, as set forth below:

1. Non-Restricted Areas (Areas accessible to the General Public).

A limit of not less than One Million Dollars ($1,000,000) for each accident.

2. Restricted Areas (Non-Movement Area Access – Aircraft ramp areas).

A limit of not less than Five Million Dollars ($5,000,000) for each accident.

3. This Contract does require the Contractor to have vehicular access to the Restricted Areas of the Airport. The limit provisions of commercial automobile liability insurance for Restricted Areas (Non-Movement Area Access – Aircraft ramp area) apply to this Contract.

4. Such insurance shall cover liability arising out of any auto. If the Contractor does not own automobiles, then coverage, at a minimum, shall be for non-owned and hired autos.

5. Waiver of Subrogation. The Contractor waives all rights against the State of

Maryland, the Maryland Department of Transportation, the Maryland Aviation Administration, the Maryland Environmental Service and their agents, officers, directors, employees, volunteers, and representatives for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by The Contractor pursuant to this Contract or under any applicable auto physical damage coverage.

6. Cancellation, Material Changes, or Non-Renewal Endorsement. The automotive liability insurance and, if necessary, commercial umbrella insurance shall be endorsed to provide MES with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy endorsement evidencing same must be provided to MES in accordance with Paragraph K. Evidence of Insurance.

E. Worker’s Compensation and Employer’s Liability Insurance. The Contractor shall maintain worker’s compensation and employer’s liability insurance.

1. Workers’ Compensation. Coverage shall be at statutory limits as required by the laws of the State of Maryland.

2. Employer’s Liability. The commercial umbrella and/or employers liability limits shall not be less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease, which may be increased by MES, as deemed necessary.

3. Waiver of Subrogation Endorsement (WC 00 03 13). The Contractor waives all rights against the State of Maryland, the Maryland Department of Transportation, MES and their agents, officers, directors, employee’s, volunteers, and representatives for recovery of damages to the extent these damages are covered by the workers’ compensation and employer’s liability or commercial umbrella liability insurance obtained by The Contractor pursuant to this Contract. The Contractor shall obtain an endorsement equivalent to WC 00 03 13 to affect this waiver which must be provided to The Contractor in accordance with Paragraph K.

Evidence of Insurance.

4. Cancellation, Material Changes, or Non-Renewal Endorsement. The workers compensation and employers’ liability insurance shall be endorsed to provide MES with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy

F. Other Insurance. Other insurance may be required during the term of this Contract, as determined by MES, and The Contractor shall obtain such additional insurance required by MES at its own cost and expense within forty-five (45) days after receipt of written request from MES.

G. Self-Insured Retention (SIR) or Deductible. The use of a SIR or deductible is allowed.

The limits of the SIR or deductible must be approved by MES.

H. Insurance Company’s Financial Rating. For those insurance companies subject to A.M.

Best’s ratings, they shall have an A.M. Best’s rating of A- or better and a financial size category of VII or better. For those insurance companies not subject to A.M. Best’s ratings, they shall have a nationally or internationally recognized reputation and responsibility and shall be approved by MES with such approval not to be unreasonably withheld.

I. Insurance shall be written on an occurrence, not claims made basis. With the exception of

Professional Liability Insurance and Environmental Impairment Liability Insurance, if required in this Contract, which shall be on claims made basis.

J. Required Endorsements

1. Additional Insured Endorsement. All policies, except workers’ compensation and professional liability, shall be endorsed to identify the State of Maryland, the Maryland Department of Transportation, MES, and their authorized officers, agents, employees, directors, volunteers, and representatives as additional insured, not named insured, as their interest may appear in connection with this Contract. A policy endorsement evidencing same must be provided to MES in accordance with

2. Designated Insured Endorsement (Additional Insured). The automotive liability insurance and, if necessary, commercial umbrella insurance shall be endorsed on ISO endorsement form CA 20 48 (or a substitute form providing equivalent coverage) to identify the State of Maryland, the Maryland Department of Transportation, MES, and their authorized officers, directors, agents, employees, volunteers, and representatives as additional insured, as their interest may appear in connection with this Contract. A policy endorsement evidencing same must be provided to MES in accordance with Paragraph K. Evidence of Insurance.

3. Cancellation, Material Changes, or Non-Renewal Endorsement. All policies shall be endorsed to provide MES with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy endorsement evidencing same must be provided to MES in accordance with Paragraph K. Evidence of Insurance.

4. WC 00 03 13 Endorsement. An endorsement equivalent to WC 00 03 13 is required to affect the waiver of subrogation requirement for workers’ compensation and employer’s liability. A policy endorsement evidencing same must be provided to MES in accordance with Paragraph K. Evidence of Insurance.

K. Evidence of Insurance. Prior to the commencement of this Contract, unless otherwise specifically authorized by MES in writing, and at least annually thereafter, and as soon as possible after renewal but no later than five (5) business days after said renewal, The Contractor agrees to furnish MES with certificate(s) of insurance and the required endorsement(s) referenced herein, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements of this Contract.

1. Each certificate of insurance shall provide for thirty (30) days written notice to MES prior to the cancellation, non-renewal, or material change of any insurance referred to herein.

2. The words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted from the cancellation provision of all certificates of insurance provided by The Contractor or duly authorized representative of each insurer.

3. Certificate(s) of insurance shall indicate at a minimum; the type, kind, and amount of insurance in effect, the period of the policies, the contract number of this Contract, and any applicable additional insured statement as referred to herein.

4. If commercial umbrella or excess policies are obtained by The Contractor to meet the required limits of insurance, then the certificate of insurance must indicate the policies covered by said umbrella or excess policies.

5. Required endorsements and certificate(s) of insurance and shall be e-mailed to the Manager, Construction and Maintenance Procurements in the Office of Procurement and Materials Management. The name and e-mail address of the Manager will be provided upon request. The express mail (FedEx, USPS, UPS, etc.)

address to MES is as follows:

Maryland Environmental Service 259 Najoles Rd Millersville, MD 21108

L. MES reserves the right to obtain relevant endorsements, declaration pages, and/or a complete copy of the insurance policy(s) from The Contractor, evidencing the coverage required herein, upon written demand. The Contractor shall provide certified copies of the required items within ten (10) business days of MES written request for said copies. MES shall deem such information confidential commercial and/or confidential financial. All policies and declaration pages shall be returned to The Contractor upon review and acceptance by MES.In no event will any insurance referred to herein be cancelled by the Contractor without the prior written consent of MES.

N. The failure of MES, at any time or from time to time, to enforce the insurance provisions, to demand such certificate or other evidence of full compliance with the insurance requirements, or to identify a deficiency from evidence that is provided shall not constitute a waiver of those provisions nor in any respect reduce the obligations of The Contractor to maintain such insurance or to defend and hold MES harmless with respect to any items of injury or damage covered by this Contract.

O. Failure to maintain the insurance required by this Contract shall be the basis for immediate termination of this Contract at Administrations option.

P. No Representation of Coverage Adequacy. By requiring insurance herein, MES does not represent that coverage and limits will necessarily be adequate to protect The Contractor and such coverage and limits shall not be deemed as a limitation on The Contractor liability under the indemnities granted to MES in this Contract.

Q. As indicated above, The Contractor may use commercial umbrella liability insurance so that The Contractor has the flexibility to select the best combination of primary and excess limits to meet the total insurance limits required by this Contract.

R. MES reserves the right at any time throughout the term of the Contract to adjust the aforementioned insurance requirements, if, in MESs reasonable judgment, the insurance required by the Contract is deemed inadequate to properly protect MESs interest.

S. Incidents. To the extent of the Contractor’s knowledge, the Contractor shall send a written report to MES within twenty-four (24) hours or as soon as possible, but no more than four

(4) business days, of the Contractor’s receipt of any knowledge of any accident or other event arising in any manner from the performance of the Contract which results in or might have resulted in bodily injury, personal injury, property damage, or loss of any kind. A copy of the report shall be e-mailed to the Contract Administrator and Manager, Construction and Maintenance Procurements in the Office of Procurement and Materials Management. The name and e-mail address of the Manager will be provided upon request.

The express mail address is:

Maryland Environmental Service 259 Najoles Rd Millersville, MD 21108