828488plumbMsa.pdf

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Maryland Stadium Authority 333 West Camden Street, Suite 500

Baltimore, Maryland 21201

Small Business Reserve Procurement

INVITATION FOR BIDS

On-Call General Plumbing Services

CAMDEN YARDS SPORTS COMPLEX

MSA Project No. 27-003

The sole point of contact for this solicitation is the Procurement Officer. Bidders are specifically directed NOT to contact any other MSA personnel or its contracted consultants for meetings, conferences, or discussions that are specifically related to this IFB at any time prior to any award and execution of a contract. Unauthorized contact with any MSA personnel and/or the MSA’s contracted consultants may be cause for rejection of the Bidder’s bid.

Minority Business Enterprises (MBE) are encouraged to respond to this IFB.

KEY INFORMATION SUMMARY SHEET

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Invitation for Bids

MSA Project No. 27-003

IFB Issue Date: June 5, 2026

Issuing Office: MSA Procurement Suite 500, 333 West Camden Street Baltimore, MD 21201

Procurement Officer: John Samoryk jsamoryk@mdstad.com

Contract Monitor(s): Jimmy Bell, M&T Bank Stadium Matthew Kastel, Oriole Park at Camden Yards

Contract Administrator: Jeffrey Provenzano, Vice President, Facilities

Bid Submission: Submissions are exclusively accepted electronically via the Procurement Portal

Deadline for Receipt of No later than 2:00 pm, on July 21, 2026 (Local Bids: Time)

Contract Term: The contract term will be for a period of up to two years

Pre-Bid Meeting: June 24, 2026 at 11:00 a.m. (local time)

Meeting ID meet.google.com/pku-vbxm-mse

Phone Numbers (US) +1 405-825-1076

PIN: 779 126 354#

Public Bid Announcement: July 21, 2026 at 2:15 p.m. (Local Time)

Meeting ID meet.google.com/ktc-ssns-wui

Phone Numbers (US) +1 317-469-9645

PIN: 822 760 164#

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Table of Contents

Section I Procurement Information 6

1.01 Summary 6

1.02 Procurement Officer 6

1.03 Contract Representatives 6

1.04 Procurement Method 6

1.05 eMaryland Marketplace ADVANTAGE (eMMA) 6

1.06 Reserved 6

1.07 Reserved 6

1.08 Questions Regarding the Solicitation 6

1.09 Pre-Bid Conference 7

1.10 Submission Deadline 7

1.11 False Statements 8

1.12 Anti-Bribery 8

1.13 Duration of Offer 8

1.14 Companies Not Submitting a Bid – Request 8

Section II General Information 9

2.01 Disclosure 9

2.02 Expenses 9

2.03 Bidder’s Affidavits 9

2.04 Acceptance of Terms and Conditions 10

2.05 Mandatory Contractual Terms. 10

2.06 Procurement Regulations 10

2.07 Reserved 10

2.08 Multiple Contracts and Assignments 10

2.09 No Guarantee of Work 10

2.10 Contract term 10

2.11 Reserved 11

2.12 Electronic Funds Transfer 11

2.13 Amendment or Cancellation of IFB 11

2.14 Bid Acceptance; Discussions 11

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2.15 Oral Presentation 11

2.16 Multiple Bids 12

2.17 Protests 12

2.18 BID Opening 12

2.19 Representations 12

2.20 Order of Precedence 12

2.21 Verification of Registration and Tax Payment 12

2.22 Tax Exemption 13

2.23 Sustainability Policies 13

2.24 Minority Business Enterprises 13

Section III Minimum Qualifications 14

3.01 Bidder Qualification Form 14

3.02 References 14

3.03 Experience 14

3.04 Reserved 14

3.05 Reserved 14

3.06 Contract Award at MSA’s Discretion 14

3.07 Subsidiary Entity Qualification 14

Section IV Small Business Reserve 15

4.01 Small Business Certification 15

4.02 Ineligible Bids 15

4.03 Certification Confirmation 15

Section V Scope of Services 16

5.01 Scope of Services 16

5.02 Standard of Care 17

5.03 Site Investigation 18

5.04 Staffing and Supervision 18

5.05 Coordination 19

5.06 Pertintent Contract Provisions 19

Section VI Hazardous Waste 20

Section VII Insurance Requirements 21

Section VIII Bid Requirements 23

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8.01 Bid Delivery 23

8.02 Reserved 23

8.03 Required Bid Submission Documents 23

Section IX Bid Evaluation and Award 24

9.01 Bid Evaluation Criteria 24

9.02 Reciprocal Preference 24

9.03 Award Determination 24

9.04 Documents Required upon Notice of Recommendation for Contract Award 24

SECTION X IFB ATTACHMENTS AND APPENDICES 26

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SECTION I PROCUREMENT INFORMATION

1.01 SUMMARY

The Maryland Stadium Authority (MSA) is issuing this Invitation For Bids (“IFB”) for a highly qualified contractor to provide on-call general plumbing services, on a time and material basis (the “Services”), at the Camden Yards Sports Complex (“CYSC”). CYSC includes Oriole Park at Camden Yards (“OPCY”), the Warehouse at Camden Yards (the “Warehouse”), Camden Station (“Camden Station”) and M&T Bank Stadium (“M&T Stadium”).

As used in this IFB: (a) the Services also means the “Work”; and (b) Bidder may be referred to as “Offeror.”

1.02 PROCUREMENT OFFICER

The sole point of contact for purposes of this procurement is the Procurement Officer identified on the Key Information Summary Sheet. The Procurement Officer may designate others to act on its behalf. MSA may change the Procurement Officer at its discretion.

1.03 CONTRACT REPRESENTATIVES

The Contract Monitor identified on the Key Information Summary Sheet shall monitor the daily activities of the contract and provide technical guidance to the Contractor under the awarded contract. The Contract Monitor is the point of contract post award, by whom work will be assigned.

1.04 PROCUREMENT METHOD

This contract will be awarded in accordance with the competitive sealed bidding process pursuant to MSA procurement policies and procedures available on MSA’s website at https://www.mdstad.com.

1.05 EMARYLAND MARKETPLACE AVANTAGE (EMMA)

eMMA is the electronic commerce system for the State of Maryland. 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.

1.06 RESERVED

1.07 RESERVED

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1.08 QUESTIONS REGARDING THE SOLICITATION

108.1 Bidders shall direct all communication regarding this IFB to the Procurement Officer.

Submit questions to the Procurement Officer by email, or through the opportunity Q&A section on the Procurement Portal no later than the date indicated on the solicitation, if applicable.

108.2 The Procurement Officer, based on the availability of time to research and communicate, shall answer questions at their discretion prior to the bid closing date and time.

108.3 Answers to all substantive questions that are not clearly specific only to one: (1) bidder will be answered via Addenda and will be furnished to all potential bidders known to have received the IFB as posted on the Procurement Portal and/or on eMMA.

108.4 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on MSA unless issued in writing as an addendum.

1.09 PRE-BID CONFERENCE

1.09.1 There will be a pre-bid conference (“Conference”) held remotely at the date and time indicated on the Key Information Summary Sheet.

(a) Participation is not mandatory however, all interested parties are encouraged to participate to ensure their understanding of the bid requirements.

(b) MSA strongly recommends that all prime contractors have their intended subcontractors participate in the pre-bid conference, and if offered, attend a site visit to ensure all parties understand the contract requirements, including but not limited to the MBE Goal, if applicable.

(c) MBE subcontractors are encouraged to attend the Conference and market their participation to potential prime contractors.

(d) Following conclusion of the Conference, the attendance record and summary of the Conference will be distributed in the same manner as amendments to the IFB and, if applicable, responses to questions.

1.10 SUBMISSION DEADLINE

1.10.1 Bids must be received through the Procurement Portal not later than the due date and time specified therein. Bidders shall allow sufficient time to complete the submission process in the Procurement Portal. Untimely bids will not be considered. Unless specifically requested, bids not submitted electronically through the Procurement Portal will not be accepted.

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1.10.2 Bids may be modified or withdrawn by the Bidder through the Procurement Portal any time before the bid due date and time.

1.11 FALSE STATEMENTS

1.11.1 Bidders are advised that State Finance and Procurement Article § 11-205.1, Annotated Code of Maryland provides as follows:

(a) In general. – In connection with a procurement contract a person may not willfully:

(1) falsify, conceal, or suppress a material fact by any scheme or device;

(2) make a false or fraudulent statement or representation of a material fact; or use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

(b) Aiding or conspiring with others. – A person may not aid or conspire with another person to commit an act under subsection (a) of this section.

(c) Penalty. – A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

1.12 ANTI-BRIBERY

Anti-Bribery. Bidder certifies that, to the Bidder’s best knowledge, neither the Bidder, nor (if the Bidder is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders, nor any employee of the Bidder who is proposed to be directly involved in the Bidder’s activities in connection with the services to be provided, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

1.13 DURATION OF OFFER

1.13.1 Bids submitted in response to this solicitation are irrevocable for 120 days following the later of the bid submission due date or the date the Procurement Officer receives best and final offers, if any. At the request of the Procurement Officer, the Bidder may agree in writing to extend this period.

1.13.2 Bids may be modified or withdrawn by written notice to the Procurement Officer before the Bid submission due date and time.

1.14 COMPANIES NOT SUBMITTING A BID – REQUEST

Companies not responding to this IFB are requested to submit the “Notice to Offerors/Bidders/Contractors” form which includes company information and the reason for not bidding (i.e. too busy, does not satisfy minimum requirements, etc.).

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SECTION II GENERAL INFORMATION

2.01 DISCLOSURE

2.01.1 Bids shall be subject to disclosure pursuant to the provisions of Maryland's Public Information Act, Section 4-101 et seq. of the General Provisions Article of the Annotated Code of Maryland (the "Public Information Act"). An Offeror must identify specifically those portions of its bid or proposal, if any, which it deems to contain trade secrets or confidential or proprietary information and must provide justification why such materials should not, upon request, be disclosed by MSA and the State under the Public Information Act.

2.01.2 The opened bids shall be available for public inspection at a reasonable time after bid opening, but before contract award. Material that Bidder has designated as confidential shall accompany the Bid and shall be readily separable from the bid to facilitate public inspection of the non-confidential portion of the bid, including the Total Bid Price.

2.01.3 The decision regarding whether to release information requested pursuant to the requirements of the Public Information Act requires the Procurement Officer to make an independent determination whether information must be disclosed.

2.02 EXPENSES

MSA and the State are not responsible for direct or indirect expenses that a Bidder may incur in preparing and submitting a bid.

2.03 BIDDER’S AFFIDAVITS

2.03.1 Each Bidder shall complete and submit the Bid/Proposal Affidavit attached hereto as Attachment B with the Bidder’s Bid.

2.03.2 A successful Bidder will be required to complete a Contract Affidavit in the form attached hereto as Attachment G at the time of execution of the contract entered as a result of this IFB.

2.03.3 Conflict of Interest Affidavit.

(a) The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (“Conflicts Affidavit”) (Attachment F) and submit it with its Bid.

(b) By submitting a Conflicts Affidavit, the Contractor shall be construed as certifying all Contractor personnel and subcontractors are also without conflicts of interest as defined in Code of Maryland Regulations (“COMAR”) 21.05.08.08A.

(c) 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 procedures applying specifically to Conflict of Interests, see COMAR 21.05.08.08.

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2.03.4 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 bids for a procurement, or the selection or award made in response to an invitation for bids or a request for bids, 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.”

2.04 ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a bid, the Bidder accepts all the terms and conditions set forth in this IFB including all attachments.

2.05 MANDATORY CONTRACTUAL TERMS.

By submitting a bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms of this IFB and the standard contract terms and conditions included in the Form Contract attached hereto as Attachment A. Any exceptions to this IFB or Attachment A must be clearly identified in the bid submitted. A bid that takes exception to these terms may not be reasonably susceptible of being selected for award.

2.06 PROCUREMENT REGULATIONS

The IFB and any contract entered into as a result hereof is not subject to the provisions of Division Il of the State Finance and Procurement Article of the Maryland Annotated Code (the "Procurement Article") except as set forth in MSA’s procurement policies available online at www.mdstad.com.

2.07 RESERVED

2.08 MULTIPLE CONTRACTS AND ASSIGNMENTS

Although it is anticipated that one contract will be awarded, MSA may elect to make an award to more than one Bidder. If more than one contract is awarded, the Contract Administrator (or its designee) will determine, in the Contract Administrator’s sole discretion, which Bidder will be retained to provide services required in accordance with the contract.

2.09 NO GUARANTEE OF WORK

The successful bidder is not guaranteed any minimum amount of work or compensation under a contract awarded as a result of this solicitation.

2.10 CONTRACT TERM

The Contract term shall commence as of a date to be specified in the Contract. The Contractor will provide the services (see Scope of Services Section V) on an as-needed basis for a period of up to

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2.11 RESERVED

2.12 ELECTRONIC FUNDS TRANSFER

By submitting a response to this IFB, the Bidder agrees to accept payments by electronic transfer unless the State Comptroller’s Office grants and exemption. The selected Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (ETF) Registration Request Form. Any request for exemption must be submitted to the State’s Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption. The COT/GAD X-10 Vendor Electronic Funds Registration Form may be downloaded from:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/

2.13 AMENDMENT OR CANCELLATION OF IFB

The Issuing Office reserves the right to amend the IFB prior to the bid due date and time. Any amendments will be provided to prospective bidders that were sent this IFB, or otherwise are known to the Procurement Officer to have obtained this IFB. Bidders will be required to acknowledge in writing the receipt of all amendments. In addition, MSA will post amendments to this IFB on the MSA’s Web Page at: www.mdstad.com. MSA will send amendments made after the due date for bids only to those bidders who submitted a timely bid.

Failure to acknowledge receipt of amendments does not relieve the Bidder from complying with all terms of any such amendment.

2.14 BID ACCEPTANCE; DISCUSSIONS

MSA reserves the right to accept or reject any and all bids, in whole or in part, received in response to this IFB, to waive or permit cure of minor irregularities, and to conduct discussions with all qualified Bidders in any manner necessary to serve the best interest of MSA and the State. MSA also reserves the right, in its sole discretion, to award the contract based upon the written bid received without prior discussions or negotiations.

2.15 ORAL PRESENTATION

In support of their bids, Bidders may be required to make an oral presentation not more than two calendar weeks after the office has requested a Bidder to do so. Failure to be prepared to make an oral presentation within this period may prevent the Bidder’s bid from receiving further consideration. All oral representations will become part of the Bidder’s bid and are binding if the Contract is awarded to the Bidder.

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2.16 MULTIPLE BIDS

MSA will not accept multiple or alternative bids from a single Bidder.

2.17 PROTESTS

Any protest or dispute related respectively to this solicitation or the resulting contract shall be subject to MSA’s policies which can be accessed online at MSA’s website at: www.mdstad.com.

2.18 BID OPENING

Bid results will be read aloud via live teleconference at the date and time set forth in the Key Information Summary.

2.19 REPRESENTATIONS

By submitting a bid in response to this IFB, the Bidder represents that: (a) it is not in arrears in the payment of any obligations due to and owing to the State or any department or unit thereof, including but not limited to the payment of taxes and employee benefits (the “State Obligations”), and (b) it is in compliance with all federal, State and local laws applicable to its activities and obligations under the Contract. Further, if selected for award, the Bidder agrees that these representations will continue in effect during the term of the Contract.

2.20 ORDER OF PRECEDENCE

The relationship between the parties will be embodied in the following documents listed in their order of precedence:

1. the executed Contract;

2. the Contract Affidavit;

3. the IFB;

4. the Bidder’s bid.

MSA will not accept any modifications to the order of precedence provision of this solicitation. If the Bidder proposes any terms and conditions inconsistent with the requirements of the solicitation, the Bidder must clearly state those terms and conditions in its bid.

2.21 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). SDT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the bid submissions due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for

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2.22 TAX EXEMPTION

MSA is generally exempt from Federal excise taxes, and District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. This exemption does not apply to any sale of tangible personal property, otherwise taxable, where a contractor is required to use, furnish, and install material to be used under a contract with the MSA for construction, repair, or alteration of real property.

2.23 SUSTAINABILITY POLICIES

The MSA is committed to procuring all supplies, services, maintenance, construction, and architect-engineer services in a manner consistent with the promotion of sound environmental practices. Moreover, the CYSC has adopted certain policies and procedures in furtherance of its LEED certification endeavor. In connection therewith, all goods and services provided in response to this solicitation shall conform to the policies attached hereto as Appendix II, as applicable.

2.24 MINORITY BUSINESS ENTERPRISES

There is no Minority Business Enterprise subcontractor participation goal established for this solicitation. Minority Business Enterprises are encouraged to respond to this solicitation.

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SECTION III MINIMUM QUALIFICATIONS

3.01 BIDDER QUALIFICATION FORM

The Bidder must complete and upload a signed Contractor’s Experience and Qualifications Form (Attachment E hereto) and submit it with its Bid.

3.02 REFERENCES

Bidders must provide a minimum of three (3) professional references for work performed that was the same or similar to the type of work described in the Scope of Services in Section IV. In MSA’s sole discretion, it may contact any reference Bidder provides, or other references of its own choice.

3.03 EXPERIENCE

3.03.1 The Bidder shall have a minimum of three (3) years’ experience performing the same or similar type of work described in this IFB (“Experience”). Bidder shall be able to demonstrate that its Experience is comparable to the technical complexity required for MSA’s facilities.

Experience officially gained by an individual Bidder prior to formation of formal business entity may be considered when evaluating Bidder’s minimum qualifications.

3.03.2 The Bidder shall maintain a current and active State of Maryland Master Plumbing license (or qualified agent). A copy of the license shall be included with the Bid.

3.04 RESERVED

3.05 RESERVED

3.06 CONTRACT AWARD AT MSA’S DISCRETION

Satisfaction of the Minimum Qualifications does not guarantee a Bidder will be deemed responsible or have its bid deemed reasonably susceptible of being selected for an award.

Determination of a Bidder’s qualification for award is at the sole and absolute discretion of the MSA’s Procurement Officer or designee.

3.07 SUBSIDIARY ENTITY QUALIFICATION

If the Bidder is a subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, experience and other documentation (i.e. insurance policies, bonds, letters of credit, etc.) used to meet minimum qualifications, shall pertain exclusively to the Bidder.

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SECTION IV SMALL BUSINESS RESERVE

4.01 SMALL BUSINESS CERTIFICATION

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 Regulations promulgated in connection thereto, and are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract.

Information on the certification process is available at eMaryland Marketplace Advantage and at the Department of General Services Website at https://dgs.maryland.gov/Pages/Procurement/index.aspx

4.02 INELIGIBLE BIDS

Under a small business reserve procurement, a business that is not a registered small business is ineligible for award of a contract.

4.03 CERTIFICATION CONFIRMATION

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 Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

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SECTION V SCOPE OF SERVICES

5.01 SCOPE OF SERVICES

5.01.1 The Contractor shall provide all labor, materials*, equipment**, supplies, freight, supervision and other resources as required to complete the work.

* The contractor shall be responsible for all disposable/consumable supplies (including but not limited to PPE, reciprocating saw blades, rags and cleaners, trash bags, gloves, flux, solder, brazing alloys/tips, gas (MAPP, Acetylene, Oxygen, etc.), sand cloth, pipe dope, cutting blades and discs, drill bits, Teflon tape, etc. as required to perform outlined tasks at no cost to MSA.

**The Contractor shall be responsible for all equipment (including but not limited to portable water jetter, plumbing snakes (mechanical and hand), augers and draining, cleaning machines capable of cleaning debris from pipes, PPE, investigative camera, all power and hand tools related to the trade, confined space equipment) as required to perform outlined tasks at no cost to MSA.

5.01.2 Services to include, but not be limited to:

a) Having access to a pump truck or use a subcontractor to take care of sewage and sand pits;

b) Installation, repairs and/or modifications to water, sewer and drain lines;

c) Cleaning and clearing of drains (Note: Contractor shall own a water jetted machine capable of flushing debris inside of the pipes. Equipment shall be used by Contractors’ employees at no cost to MSA);

d) Installation, repairs and/or modifications to CYSC common plumbing fixtures in restrooms, kitchens, and concession stands to include toilets, urinals, sinks, drains, hose bibs, etc.;

e) Installation and testing of backflow preventers;

f) Installation and repairs to gas piping;

g) Pipe Insulation;

h) Pipe heat trace and associated components;

i) The contractor shall be able to provide preventative maintenance, repair and installation either through its own certified workforce or subcontractor for pumps and motors of various types, sizes and applications.

j) Investigative camera services at no cost to MSA; and

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k) Game day and event services – the assigned individual will be required to assist MSA in addressing any plumbing tasks that may arise during the course of the event. The majority of assignments consist of toilet and urinal fixtures requiring attention. The need for these services will be determined on an as needed basis.

This scope of work is not inclusive to materials and surfaces listed. The MSA may request the Contractor to perform additional plumbing services if it is mutually agreed the Contractor is qualified to do the work.

5.01.3 All Work shall conform to all applicable manufacturer’s specifications in addition to all federal, state, and local code requirements and regulations.

5.01.4 The Contractor must meet all Federal EPA, OSHA, MOSHA, and MDE guidelines.

5.01.5 The Contractor shall maintain a service truck with adequate stock of materials, tools, and equipment to provide plumbing services. The vehicle must be on site anytime the contractor is on site. No overnight parking is allowed, unless approved by MSA in advance.

5.01.6 Emergency Response is typically non-scheduled or unplanned work. The Contractor must be able to respond to MSA’s request for emergency repairs 24 hours a day, 7 days a week, and respond within 2 hours of being contacted. The Contractor must provide MSA with emergency contact telephone numbers. The ability to respond when called out for an emergency is a condition of the contract, and once the award is made, the inability or failure to respond as needed will be considered as noncompliance with the contract requirements, and could lead to termination of the contract.

5.01.7 MSA utilizes a computerized maintenance management system (“CMMS”) for scheduling and planning work. The Contractor shall familiarize itself with the system regarding the specific services related to their trade. The MSA may supply a computer work-station onsite and all applicable training necessary to enable the Contractor to enter data efficiently and accurately.

5.02 STANDARD OF CARE

5.02.1 The Contractor shall perform the services:

(a) With the standard of care, skill and diligence normally provided by a Contractor in the performance of services similar to the services hereunder; and

(b) In accordance with Maryland and applicable federal laws and regulations that govern

MSA and its properties.

5.02.2 All work shall conform to all applicable manufacturer’s specifications.

5.02.3 Notwithstanding any review, approval, acceptance, or payment for the services by MSA, the Contractor shall be responsible for the professional and technical accuracy of its work and materials furnished by it under the Contract.

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5.03 SITE INVESTIGATION

5.03.1 By submitting a bid, the Bidder acknowledges that it has investigated the conditions affecting the work, including but not limited to: transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, physical conditions of the site, the conditions of the ground, the character of equipment and facilities needed to and during prosecution of the work.

5.03.2 The Bidder further acknowledges that it is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from information presented by the drawings and specifications made a part of this Contract, if applicable. Any failure by the Contractor to acquaint itself with the available information may not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing the work. MSA assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by MSA.

5.04 STAFFING AND SUPERVISION

5.04.1 The contractor shall provide a work force sufficient to complete the work as specified.

5.04.2 Contractor’s manager shall have control of all work crews assigned to perform work under the contract and is not expected to be on-site all the time when work crews are at the CYSC and is to be available to MSA during working hours.

5.04.3 MSA will determine which labor category shall apply for work or services provided under the Contract. The Contractor may be requested to make a recommendation based upon the particular requirements of any given project.

5.04.4 MSA reserves the right to determine the number of people (crew size) and labor category working on any project or providing services under the Contract.

5.04.5 When operating any boom lifts on site, the operator must be certified. MSA will supply a lift when needed, provided a signed waiver is received in advance by MSA.

5.04.6 Contractor will report without delay any damage to MSA equipment or property and shall be held responsible for the repair and/or replacement of any such damage caused by contractor’s crew or equipment.

The Contractor will be responsible for loss or damage caused by the contractor's employees. The Contractor shall be responsible to guarantee repairs when contractor’s employees were obviously negligent in the performance of their work as outlined herein. Contractor shall make reasonable and prompt restitution, by cash, replacement, or repairs, subject to the MSA’s approval, for any damage for which the Contractor is liable.

5.04.7 Contractor’s employees must at all times maintain a professional appearance as related to their specific assignment.

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5.04.8 Contractor’s supervisors/project managers/mechanic must be able to read, write, speak and comprehend the English language fluently.

5.04.9 The Contractor’s staff on-site must log in and out at the respective facilities office contractor logbook.

5.04.10 The Contractor must submit, for review and approval by the Contract Monitor, a daily work ticket (Refer to IFB for sample form) detailing the number of employees on site, description of work performed, the hours worked, and the location of the work and any materials used for any services rendered under this contract. Work tickets signed by the Contract Monitor or its representative must be presented along with the invoice for payment.

5.04.11 Contractor must get MSA’s prior approval for any subcontracting work and cost. All subcontracted work by the primary contractor will be reimbursed at cost plus 10%. The contractor must present the subcontractor’s receipt showing the cost.

5.04.12 A Journeyman working on the Contract shall have a minimum of five (5) years of experience and be licensed by the State of Maryland. License must be included in the Bid. A minimum of two journeyman must be included in the contract to ensure that the awardee is not taxed with multiple projects and only one competent supervisor

5.05 COORDINATION

5.05.01 The schedule of work to be done shall be subject to the approval of MSA. There may be a need for emergency work (please refer to Scope of Services 5.01.6)

5.05.2 There may be meetings on-site between the Contractor and Contract Monitor to certify the accomplishment of work. Any specific problem area which does not meet the contract requirement set forth herein shall be called to the attention of the Contractor along with the action required to satisfy the requirements.

5.06 PERTINENT CONTRACT PROVISIONS

Bidder is directed to carefully review the form of Contract for terms and conditions for performance of work and provision of services, including but not limited to use of premises, working hours, protection of MSA property, safety, security, cleaning and unloading of materials.

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SECTION VI HAZARDOUS WASTE

6.01.1 The Contractor shall handle, store, transport and dispose hazardous waste materials in compliance with Federal and State hazardous waste laws, rules, and regulations.

6.01.2 The Contractor retains ownership/possession of all waste materials generated by their work and shall be wholly responsible for the cleanup of any contamination resulting from spills or mishandling of the same. Waste materials must be packaged and labeled according to MDE/EPA and DOT regulations and must be removed from MSA property within 10 working days of completion of work. The Contractor shall make every effort to minimize the generation of hazardous waste.

6.01.3 The Contractor shall handle, store, transport and dispose of hazardous waste materials in compliance with Federal and State hazardous waste laws, rules, and regulations.

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SECTION VII INSURANCE REQUIREMENTS

7.01.1 The Contractor and its subcontractors shall maintain Commercial General Liability Insurance or its equivalent (preferably applied separately to this Contract), for bodily injury and property damage, including loss of use. It is preferred that coverage be provided on an “occurrence” basis. Such Commercial General Liability policy shall include the following extensions:

(i) Premises/Operations;

(ii) Actions of Independent Contractors;

(iii) Products/completed Operations to be maintained for two (2) years after completion of the contract;

(iv) Contractual liability assumed under this contract;

(v) Personal injury liability including coverage for offenses related to employment, and for offenses assumed under this contract (delete any standard employment and contractual exclusions if contained in the personal injury coverage section).

7.01.2 The Contractor and its subcontractors shall maintain Business Automobile Liability Insurance which will pay for liabilities arising out of accidents involving the ownership, operation, maintenance or use of any owned, hired, or non-owned motor vehicles, uninsured motorist’s insurance and automobile contractual liability.

NOTE: INSURANCE MUST BE ON A PRIMARY BASIS. CONTRACTUAL

REQUIREMENTS MUST BE CLEARLY INDICATED ON CERTIFICATE OR BY

ENDORSEMENTS.

7.01.3 The Contractor and its subcontractors shall maintain Worker’s Compensation Insurance as required by Maryland law.

7.01.4 The coverages listed above shall be written for not less than the following limits of liability.

Limits can be furnished by a combination of primary and excess (umbrella) policies.

Commercial General Liability Insurance including all extensions –

$1,000,000 each occurrence;

$1,000,000 personal injury;

$1,000,000 products liability;

$1,000,000 general aggregate

Business Automobile Liability –

$1,000,000 each accident

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Worker’s Compensation Insurance – statutory requirements. Employers liability insurance - $1,000,000 each accidental injury; and $1,000,000 each employee, $1,000,000 policy limit for disease.

7.01.5 All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until forty-five (45) days prior written notice has been given to MSA.

7.01.6 No acceptance and/or approval of any insurance by MSA shall be construed as relieving or excusing the Contractor, or the surety or bond, if any, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

7.01.7 ADDITIONAL INSUREDS. MSA, the Baltimore Orioles Limited Partnership, the Baltimore Ravens Limited Partnership and the State of are to be named as additional insured under all coverages except Worker’s Compensation, and the certificates of insurance (or certified policies, if requested) must so indicate through inclusion of appropriate endorsement. Coverage afforded under this paragraph shall be primary to any other insurance or self-insurance, whether such other insurance or self-insurance is stated as primary, excess, or contingent, as respects the above additional insured, their elected and appointed officials, agents, and employees.

7.01.8 Insurance coverages required herein shall be in force throughout the Contract term and any renewal period. Should the Contractor fail to provide acceptable evidence of current insurance within ten (10) days of receipt of written notice at any time during the Contract term, MSA shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to MSA for the entire additional cost of procuring substitute performance and the cost of performing the incomplete portion of the Contract at the time of termination.

7.01.9 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering service exclusion that would preclude MSA from supervising or inspecting the operations of the Contractors as the result.

7.01.10 The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of agents or subcontractors and anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Contractor shall be as fully responsible to MSA for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by the Contractor.

7.01.11 TORT CLAIMS ACT. It is agreed that the Contractor and its insurers will not raise or use, in the adjustment of claims or in the defense of suits against MSA, any immunity of the insured from tort liability (including Maryland Tort Claims Act), including any limitation of liability, unless requested by MSA.

7.01.12 The Contractor shall furnish subcontractors’ certificates of insurance to MSA upon request.

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SECTION VIII BID REQUIREMENTS

8.01 BID DELIVERY

Bidders must be submitted electronically through the Procurement Portal

8.02 RESERVED

8.03 REQUIRED BID SUBMISSION DOCUMENTS

8.03.1 The following documents in PDF Format must be uploaded with the Bid:

(a) Completed Contractor Experience and Qualification Form (Attachment E);

(b) Copy of Master Plumber License or Qualified Agent;

(c) Certificate of Insurance (provide a copy of current certificate of insurance showing the types and limits of insurance in effect as of the bid submission date);

(d) Completed Bid Affidavit (Attachment B);

(e) Completed Small Business Affidavit (Attachment C); and

(f) Completed Conflict of Interest and Disclosure Affidavit (Attachment F).

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SECTION IX BID EVALUATION AND AWARD

9.01 BID EVALUATION CRITERIA

The Bids will be evaluated based on the Total Bid Price. All responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price submitted with the Bid.

9.02 RECIPROCAL PREFERENCE

9.02.1 Although Maryland law does not authorize procuring agencies to favor State resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland firms. MSA may apply a reciprocal preference under the following conditions:

(a) The Maryland resident business is a responsible Bidder;

(b) The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

(c) The other state gives a preference to its resident businesses through law, policy, or practice;

and

(d) The preference does not conflict with a federal law or grant affecting the procurement Contract.

9.02.2 The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

9.03 AWARD DETERMINATION

9.03.1 Award will be made to the responsible Bidder who submits to the MSA the responsive Bid that has the lowest Total Bid Price.

9.03.2 The MSA reserves the right to make the award by item, or groups of items, or Total Bid Price if it is in the best interest of MSA to do so unless the Bidder specifies in its bid that a partial or progressive award is not acceptable.

9.03.3 Tie Bids. Tie Bids will be decided pursuant to COMAR 21.05.02.14.

9.04 DOCUMENTS REQUIRED UPON NOTICE OF RECOMMENDATION FOR CONTRACT AWARD

Upon receipt of a notification of recommendation for contract award, the following documents shall be completed and submitted by the recommended awardee within five (5) business days, unless noted otherwise.

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(a) Signed contract,

(b) Completed Contract Affidavit (Attachment G),

(c) Copy of a current certificate of insurance with the prescribed limits set forth in IFB Section VII “Insurance Requirements,” listing the State as an Additional Insured, if applicable; see IFB Section 7.01.7.

SECTION X IFB ATTACHMENTS AND APPENDICES

ATTACHMENT A – SAMPLE CONTRACT FORM

ATTACHMENT B – BID/PROPOSAL AFFIDAVIT

ATTACHMENT C – SMALL BUSINESS RESERVE AFFIDAVIT

ATTACHMENT D – RESERVED

ATTACHMENT E – CONTRACTOR EXPERIENCE AND QUALIFICATION FORM

ATTACHMENT F – CONFLICT OF INTEREST AFFIDAVIT

ATTACHMENT G – CONTRACT AFFIDAVIT

APPENDIX I – SAMPLE FORMS (INFORMATIONAL)

APPENDIX II – MSA SUSTAINABILITY POLICIES