Addendum_4.pdf

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TO: All Prospective Offerors

FROM: Maryland Transit Administration

SUBJECT: Addendum No. 4 RFP No.: LOT-24-049-GM Small Buses for LOTS and Mobility

DATE: August 20, 2024

Effective today, Addendum No. 4 is applicable to the subject RFP. This addendum provides a new Proposal Due Date and revised specifications.

Offerors shall acknowledge receipt of this Addendum by completing and returning this form with the proposal submission package.

All other terms and conditions to the RFP remain unchanged.

Sincerely, Heather Martin Heather Martin Procurement Officer

MDOT MTA

Acknowledgement of receipt of Addendum No. 4 to RFP No. LOT-24-049-GM.

Vendor Name: ___________________________________________________________

Authorized Representative’s Signature Date

Small Buses for LOTS and Mobility

LOT-24-049-GM

Please replace the information in Key Information Summary Sheet for the Proposal Due Date as follows:

Proposal Due (Closing) Date and Time:

September 13, 2024 at 1:00pm Local Time via eMMA website Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Please replace Section 3.6 Insurance Requirements as written as below:

3.6 Insurance Requirements

All insurance coverages indicated with an ‘X’ in the box next to are required.

[X] Commercial General Liability Insurance with minimum limits of $5,000,000 per occurrence, written on an occurrence form. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary limits are reduced or aggregate limits are exhausted.

The coverage shall include:

[X] Personal and Advertising Injury coverage, [X] Products and Completed Operations coverage, [X] Independent Contractors coverage, [ ] Terrorism coverage, [ ] XCU coverage (explosion, collapse, and underground hazards) [ ] Delete Contractual Liability exclusion (applicable to work to be performed within 50 feet of railroad tracks) must be removed.

[X] Additional Insured Endorsement naming MDOT MTA.

[X] Waiver of subrogation rights in favor of MDOT MTA [ ] In addition to procuring and maintaining this insurance during the duration of the contract, the Contractor shall continue to procure and maintain products and completed operations liability insurance coverage through (a) the applicable statute of repose period or (b) 10 years, whichever period is longer.

[X] Coverage should be primary and non-contributory with regards to MDOT MTA

[X] Workers’ Compensation Insurance meeting the statutory requirements of the jurisdiction where the work will be performed for employees and or volunteers, including Employer’s Liability coverage with minimum limits of $1,000,000 each accident or disease.

[X] Add waiver of subrogation [ ] Longshore & Harbor Workers’ Compensation Act Endorsement (work performed on or over navigable waterways) to cover contractor’s employees for wages, transportation, maintenance and cure, in accordance with applicable laws.

[ ] Maritime Coverage Endorsement (Jones Act) for work upon navigable waterways and barges, tug boats, and all other vessels on the ocean and all intracoastal rivers and canals, covering drivers, divers, and underwater personnel, seamen, masters and members of a crew, providing remedy for damage or injury, in accordance with applicable laws.

[X] Commercial Automobile Liability Insurance with minimum limits of $1,000,000 per occurrence covering contractor against claims for bodily injury and property damage arising out of the ownership, maintenance or use of any owned, hired, or non-owned motor vehicle. MTA shall be added as an additional insured on the policy.

[X] Add waiver of subrogation

[ ] MCS-90 Endorsement for work involving the transportation or disposal of any hazardous material or waste off of the jobsite. If the MCS-90 Endorsement is required, minimum auto liability limits of $5,000,000 per occurrence are also required.

[ ] Railroad Protective Liability Insurance (hereinafter “RRPL”) issued to MTA as the Named Insured with minimum limits of $2,000,000 per occurrence, $6,000,000 in the aggregate and covering the liability of all Permitted Parties or The Contractor. Coverage is for work to be performed within fifty (50) feet (on, above, adjacent to or underneath) of MTA’s railroad property for any personal injuries or deaths or any damage to the property, equipment and facilities caused by the activities of any Permitted Party or The Contractor resulting from performance of the work which is the subject of this Permit / Contract.

This insurance is available through MTA with a separate application through MTA’s Blanket Rail Road Protective Liability Insurance Program. This program is not an Owner Controlled Insurance Program coverage. If the Contractor chooses to purchase this insurance through the standard insurance market, a copy of the original policy must be forwarded to MTA for review prior to construction.

[ ] Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate to cover liability resulting from any error or omission in the performance of professional services under this contract.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work.

[ ] Contractor’s Pollution Liability Insurance with minimum limits of $5,000,000 per occurrence for work involving environmentally regulated substances or hazardous material exposures, including but not limited to handling, transporting or disposing of any hazardous substances and/or environmentally regulated materials and any sudden and/or non-sudden pollution or impairment of the environment, including cleanup costs and defense. This insurance may be supplied by the subcontractor performing the work if the Contractor is not performing any of the relevant work and providing that MTA and the Contractor are named as additional insureds on the subcontractor’s policy. In the event the Contractor or its subcontractor transports hazardous substances or any other environmentally regulated substance that requires a governmentally regulated manifest, the MCS-90 Endorsements shall be attached to the Contractor’s (or subcontractor’s) auto liability policy.

[ ] All Builder's Risk Insurance: To include fire, extended coverage, vandalism, and malicious mischief, flood, and earthquake. This policy is to be written to completed value plus ten (10) percent of the contract price. The policy shall include the Administration as a name insured as their interest may appear.

[ ] Pollution Legal Liability Insurance (Non-Owned Disposal Site Coverage) with minimum limits of

$5,000,000 per occurrence. Coverage may be maintained in one of the following ways:

• A standalone policy;

• Non-Owned Disposal Site Endorsement on Contractor’s Pollution Liability policy naming

MTA as an additional insured; or

• Contractor may designate the disposal site and provide a COI from the disposal facility naming

Contractor and MTA as additional insureds.

[ ] Property Insurance (including flood and earthquake, if warranted) for all-risk coverage including terrorism, physical destruction and theft for any MTA machinery or equipment in the Contractor’s / Vendor’s care, custody or control with limits not less than the full replacement cost of the damaged or stolen property.

[ ] Garage Liability and Garage Keeper’s Legal Liability Insurance to cover bodily injury or property damage caused by an accident arising out of garage operations, as the ownership, maintenance or use of locations for garage business, and includes the ownership, maintenance or use of the autos. During the term of this contract, Garage Keepers' Legal Liability Insurance, covering the customers' vehicles in the vendor’s care, custody, and control, including coverage for loss by fire, explosion, theft, vandalism, and/or malicious mischief, and collision or upset. Combined single limit per occurrence shall not be less than $1,000,000.

[ ] Inland Marine Insurance with minimum limits to cover full property values of property in transit, at storage locations, while awaiting installation, and during installation, for the purposes of the purchase and delivery of Vehicles. This insurance shall be all risk coverage written on replacement basis to remain in force until such supplies, equipment, materials, and deliverables are received and accepted by the State, following which, title shall pass to the State. Coverage is to include property in transit and property in the custody of Contractor/Vendor.

a. Such coverage shall be under an acceptable property or marine policy that provides all-risk insurance including coverage for systems performance demonstration, testing, run-up or other similar operations at the Covered Site, in transit or at locations other than the Project Site including Project-Specific Locations. Coverage shall afford all extensions of coverage commercially available, including Flood and Earthquake.

b. The policy shall contain waiver of subrogation and separation of insureds clause in the event of a breach in policy terms by an insured. No acts or omissions of an insured shall cancel or diminish coverage of any other insureds.

3.6.1 Insurance Company Qualifications

A. The insurance required in this Article of this contract must be issued by companies that are:

i. Acceptable to the MDOT MTA

ii. Licensed to do business in the State of Maryland.

3.6.2 Policy Requirements

A. The recommended Contractor awardee shall deliver to the MDOT MTA representative within

10 days of notification of proposed contract award an accurate and true Certificates of Insurance that show that:

B. The Contractor has procured coverage stated in this Article of this contract.

C. The Maryland Department of Transportation, the State of Maryland and the MDOT Maryland

Transit Administration has been named as an additional insured.

D. The policies will not be canceled, terminated or modified without 30 days prior written notice to the Administration. Certificates of Insurance are acceptable in lieu of true copies of the policies if the policy writer notes on the Certificate, or through attachment to the Certificate, all policy exclusions.

E. The Contractor shall require that any subcontractors providing services under this Contract obtain and maintain similar levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

- End of Addendum -