ANN25SPRAY_IFB_2.pdf

On-Call Roadway Herbicide Spraying Services for Annapolis

Maintenance Shop at Anne Arundel County

Solicitation #: ANN25SPRAY

IFB Document

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STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

ON-CALL ROADWAY HERBICIDE SPRAYING SERVICES AT ANNE

ARUNDEL COUNTY

IFB NUMBER ANN25SPRAY

ISSUE DATE: 04/24/2025

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 interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an

Amendment on eMMA.

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/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids On-Call Roadway Herbicide Spraying Services for Annapolis

Maintenance Shop at Anne Arundel County

Solicitation

Number:

ANN25SPRAY

IFB Issue Date: Thursday, April 24, 2025

IFB Issuing

Office:

State Highway Administration (SHA or the "Administration")

Procurement

Officer:

Royston Cain

138 Defense Highway

Annapolis, Maryland 21401

Email:

Phone Number:

RCain@mdot.maryland.gov

(410) 841-1045

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

ANN25SPRAY.

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:

No pre-bid meeting will be held for this advertisement.

See Section 4.3 for additional details.

See Attachment 2 to RSVP by N/A.

Scheduled Site

Visit N/A

Questions Due

Date and Time:

Monday, April 28, 2025 by 11:00 AM Local Time

Bid Due (Closing)

Date and Time:

Thursday, May 08, 2025 by 01:00 PM Local Time

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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

Thursday, May 08, 2025 by 01:00 PM Local Time

Annapolis Maintenance Shop

MBE / 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.

VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of 0%

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.

Contract Type: Combination type: Labor Hours plus Equipment.

Contract

Duration:

One (1) year base period or until all contract funds have been exhausted.

Primary Place of

Performance:

State road medians and shoulders in various locations throughout Anne

Arundel County.

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 Contractor Responsibilities and Tasks ..................................... Error! Bookmark not defined.8

2.3 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 Materials Reporting

3.3.3 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)

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

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

The Contractor shall have no less than two (2) years of experience in providing the services as detailed in this IFB. By submitting a bid, the Contractor certifies to the Administration that they possess all necessary equipment, facilities, personnel, and work experience to fulfill the terms of the Contract at the time of bid submission, or that they shall have the necessary equipment and personnel and be ready to proceed on the date of “Notice to Proceed” (NTP).

The Contractor shall submit with the bid a Contractor Reference Form (Attachment L Reference

Checks). References may be checked prior to the award of the Contract. Any negative responses received may result in disqualification of the bid.

The Contractor must be fully qualified to legally provide the services detailed in this Contract within the State of Maryland. All applicable Federal and State laws and regulations must be followed by all parties when performing work related to this Contract. The Contractor must hold for the duration on the contract a valid Maryland State Department of Agriculture license and be properly insured as required by the Maryland Department of Labor, Licensing & Regulations

(DLLR). The DLLR Division of Employment & Training can be found on the Web at:

http://www.dllr.state.md.us/county . The Contractor must be covered by adequate level of workers compensation and general liability insurance.

The Contractor shall employ personnel who are capable of comprehending and answering screening questions required for building entry, including but not limited to, questions about recent exposure to pathogens. Any personnel unable to comprehend and accurately answer screening questions will not be granted access to the building and may be precluded from working under the contract.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland

(“State”) to provide open-ended, on-call herbicide spraying services on roadways under the purview of the Annapolis Maintenance Shop at Anne Arundel County. This Contract consists of the application of herbicides and plant growth regulators to roadside vegetation and soil to eradicate or control undesirable vegetation, around traffic barriers, guardrails, signs, fences, bridge ends, roadside, and crossroad pipe ends, delineators, shoulders, and other areas designated by the Engineer. 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.

2.1.2 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.

2.1.3 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award

Basis for more Contract award information.

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

2.2 Contractor Responsibilities and Tasks

2.2.1 The Contractor shall be responsible for the safe handling, mixing, and application of herbicides and disposal of herbicide containers in a manner safe to the environment, as per the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and State laws. The

Contractor shall also be responsible for complying with all Maryland Occupational

Safety and Health (MOSH) and Occupational Safety and Health Administration (OSHA) regulations governing the handling and application of herbicides. This includes all

Personal Protective Equipment (PPE) such as gloves, eye protections, ansi class 2/3 rated apparel, etc.

2.2.2 The Contractor shall provide sufficient equipment, incidentals, and manpower.

A. The Contractor shall supply a two-person herbicide application crew, which shall consist of the following personnel:

Foreman – Foreman shall be responsible for the following:

Applying herbicide solutions based upon all site conditions, spray materials, vegetation to be controlled, speed of equipment, wind speed and direction, direction of traffic and other factors. Foreman shall possess a copy of calibration sheets in spray truck at all times.

Daily recording and forwarding of the “Team Activity Card” to the Administration’s shop. Team Activity Card will be supplied by the Administration. See sample in the

Integrated Vegetation Management Manual for Maryland.

Scheduling herbicide spraying within a county as instructed by the Contract

Manager.

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Scheduling meetings with the Contract Manager, prior to beginning work in a county, to establish the sequence of routes to be sprayed and the traffic protection equipment and devices required.

Equipment Operator/Helper – One physically qualified equipment operator, possessing a Maryland Pesticide Service I.D. Card at the time bids are submitted, shall assist the foreman with the work listed above.

The foreman and operator shall be qualified to drive the equipment and shall demonstrate their ability to operate the specialized spray equipment required to apply herbicides. The foreman shall possess the knowledge and ability to distinguish between desirable and undesirable vegetation as specified by the Contract Manager.

The bid item for “Herbicide Application Crew” shall include labor, equipment and all incidental materials such as tools for minor adjustments, parts (nozzles, pressure gauges, etc.), all fuel and lubricants as required for herbicide application and any other work in connection with this Contract. This bid item will be paid for at the contract unit price bid per 8-hour working day. This 8-hour working day consists of the following activities:

a) One-half hour travel time from the Contractor’s base of operation to the daily starting point of herbicide operation;

b) Travel time from application site to application site;

c) One-half hour travel time from the daily final application site to the

Contractor’s Base of operation;

d) Time spent filling the spray unit with water and herbicides;

e) Time spent applying herbicide solutions;

f) Time spent making minor equipment adjustments.

The following activities that are NOT INCLUDED in this 8-hour working day:

a) Time spent making repairs requiring more than one (1) hour, nor time spent on routine equipment maintenance;

b) Time when herbicide solutions cannot be applied due to the inclement weather, i.e. rain, high heat, high wind, etc.;

c) Time spent on lunch or breaks.

Partially worked days due to weather, equipment failures, etc. shall be pro-rated for payment purposes.

B. The Contractor shall apply herbicide solutions with a truck and herbicide spray unit consisting of:

Pick-Up Truck – One pick-up truck of sufficient size to meet the State Motor

Vehicle Administration (MVA) laws and regulations to haul a skid-mounted sprayer or pull a trailer-mounted sprayer. The truck bed shall be sufficient to accommodate a sprayer operator, herbicide concentrates and other incidental equipment or supplies necessary for a day's operation of the sprayer. The truck shall also be equipped with a tachometer, standard transmission having at least four forward speeds, necessary seat belts, one BC 5-pound fire extinguisher, an OSHA approved first aid kit, an OSHA approved eye wash kit, a CB radio, or approved communication device and any other incidentals required for the normal operation of this vehicle.

Sprayer – A minimum 200-gallon spray unit, truck or trailer mounted, shall be equipped with a mechanical or hydraulic sparing tube or twin jet agitator capable of producing vigorous agitation of the herbicide solution; a centrifugal

IFB for State Highway Administration Page 9 of 34 pump capable of producing a minimum volume of 20 gallons per minute, at a maximum pressure of 40 psi. The unit shall apply 50 to 100 gallons of herbicide solution, per acre at a nozzle pressure not to exceed 40 psi. The sprayer shall also be equipped with a hose reel accommodating a minimum of

100 feet of 1/2 inch rubber hose and a trigger-type handgun, with a 6504-flat fan nozzle. The spray tank shall be equipped with an antivortex device and a liquid level site tube marked in increments of not less than 25 gallons. The tank shall also have a fill line equipped with an airgap for filling the tank with water. All equipment will require the approval of the Engineer, and any substitutions shall need prior approval. The Contractor shall supply a 6515-nozzle system which is adaptable for either side of the truck as detailed in the illustration for guardrail application. An on/off valve and a stainless steel 0-

60 psi oil-filled pressure gauge shall be included for use to control the spray patterns of the above nozzle system and handgun. All nozzles shall be equipped with a 50-mesh check valve strainer.

Water Pump – A high-volume water pump shall be capable of delivering 200 gallons of water within 5 minutes. This pump's suction end shall be equipped with an antisyphoning device, i.e. check valves, etc., as required by the

Maryland Department of Agriculture. Each sprayer shall include a water pump.

Backpack Sprayer – A minimum 3-gallon backpack chemical sprayer.

C. The Contractor shall be responsible for the Maintenance of Traffic (MOT) operation, if applicable, which shall consist of the following:

Traffic Manager – The Contractor’s Foreman assigned to the crew will be the

Traffic Manager for this Contract. The Traffic Manager shall be responsible for properly implementing traffic control and for maintaining surveillance on all aspects of traffic control safety, as directed by the Contract Manager and in accordance with the current Maryland Manual on Uniform Traffic Control Devices, and all supplements and revisions to the same. MOT 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 including, but not limited to, lights, STOP/SLOW paddles, flags, vests, etc., for which a specific bid item has not been established, to ensure the desired result of safe and efficient work. The Traffic Manager shall have a copy of the most recent Traffic

Control Standards, from the Maryland SHA Book of Standards, in his possession at work site.

The Contractor shall follow the Maryland Department of Transportation State

Highway Administration Standard 104.02-17 – Maintenance of Traffic setup for a

Mobile Operation.

Protection Vehicle - The Contractor shall provide a Truck Mounted Attenuator

(TMA), and one (1) operator as needed. This bid item may not be used on a continuous basis. The 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, should have double flash amber warning light(s) mounted on the vehicle to ensure 360-degree visibility. Refer to the Appendix

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8 of this IFB to obtain all standard requirements for TMA approved by MDOT SHA regulations.

2.2.3 Prior to starting the Contract, the Contractor shall, at his/her expense, assemble the proposed equipment and personnel and demonstrate, to the satisfaction of the Contract

Manager, that his/her equipment and personnel meet the Contract specifications. The

Contractor shall calibrate the equipment in the presence of the Contract Manager and an

Administration Landscape Specialist. Both the demonstration and calibration shall take place within the limits of the Contract.

2.2.4 The work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for

Construction and Materials" dated July 1, 2022 revisions thereof, or additions thereto, the

“Integrated Vegetation Management Manual for Maryland Highways” dated October

2003, and the Special Provisions included in this Invitation for Bid. In addition, the

Contractor’s operations shall conform to all applicable State and local regulations concerning herbicide use. In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Contract Manager will be the sole authority as to the proper procedure to follow.

2.2.5 The Contractor shall submit copies of all required licenses and certifications listed below:

1) A valid Maryland Pesticide Business License in Category 5 – Aquatic and

Category 6 – Right Of Way and Weed.

2) The Foreman shall possess a valid Maryland Pesticide Applicator Certificate in

Category 5 – Aquatic and Category 6 – Right Of Way and Weed.

3) All members of the Herbicide Application crew shall possess a valid Maryland

Pesticide I.D. Card.

All licenses, certifications, and Cards must be submitted with the bid and shall remain valid throughout the term on the Contract. Failure to comply with these instructions may result in termination of the Contract.

2.2.6 The Contractor shall assign to the Contract, as an agent, competent supervision capable of communicating in English, and capable of reading and thoroughly understanding the

Contract documents.

2.2.7 Prior to the start of any work under the Contract, the Contractor shall furnish the Contract

Manager with the name, address, and phone number, and email address of two (2) individuals in his/her firm who can be contacted by the Contract Manager at any time for requesting of services and/or to advise of revisions to established work schedules.

2.2.8 At the request of either party to this Contract, and prior to the initiation of work, a conference may be held for the purpose of identifying and clarifying the specific methods and materials to be employed.

2.2.9 All items and quantities in this IFB are provided for use when and as directed by the

Contract Manager. 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 Contract Manager.

2.3 Supplemental Category of Work Requirements and Responsibilities

2.3.1 Work Scheduling

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A. Herbicides shall be applied between the months of April and October, weather permitting. No work shall be initiated under this agreement until a specific contract has been executed. No minimum number of hours shall be paid under this contract. The

MDOT SHA will pay only for the work performed. The Contractor shall report to the designated point within five (10) workdays of receiving the notice that herbicide application operations are to begin. The Contract Manger may extend these ten (10) workdays due to the weather or other conditions that might unfavorably affect the application of herbicides.

B. Generally, work shall not be performed on State of Maryland Holidays unless directed by the Contract Manager. MDOT SHA shall furnish a list of applicable holiday dates to the awarded contractor.

C. Normal working hours shall be 07:30 A.M. to 04:00 P.M. Monday through Friday excluding State of Maryland holidays. Work will not be permitted on Saturdays, Sundays, or State of Maryland holidays without the written permission of the Contract

Manager. The State of Maryland recognized holidays are New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans

Day, Thanksgiving Day, and Christmas Day. The Contractor shall receive daily orders from the

Contract Manager, or their Authorized Representative. Daily working hours may be increased if mutually agreed upon by the Contractor and Contract Manager. High volume roadways will require work hours restrictions, which will be supplied by the Contract

Manager upon Contract award. The Herbicide Application Crew should report to the

Maintenance Shop promptly at 07:30 A.M., unless otherwise directed by the Contract

Manager, or Authorized Representative.

D. The Contractor shall sign-in and sign-out at the shop location and on an MDOT SHA supplied daily log when reporting for work and when leaving. This log shall document the start and stop location each day. This documentation will become part of the MDOT

SHA’s records and will be used when verifying payment. The Contractor will not be paid if there is no written record of sign-in and sign-out times.

2.3.2 Procedures

A. Herbicides will be ordered by SHA procurement and provided to the Contractor by the

Contract Manager or authorized representative. Water to mix herbicides will be provided at the SHA facility.

B. The Contractor shall furnish all labor, supervision, materials, daily examination, transportation, insurance, and incidentals necessary to ensure completion of the work outlined in the IFB to the satisfaction of the MDOT SHA.

C. All equipment supplied under the Contract shall be kept in good and safe working condition.

D. The Contractor shall place and remove signs as required, as the work progresses. All signs shall be kept clean and in good condition. All signs which do not meet the

Administration’s standards shall be replaced as directed by the Contract Manager. All warning signs and sign stands will not be measured and paid for but shall be incidental to the roadside litter pick-up bid items. The Contractor shall be solely responsible for obtaining warning signs and stands with messages like “Road Work Ahead” or “Shoulder

Work Ahead”.

E. The Contractor shall apply herbicide solutions to the areas designated by the Contract

Manager. All this work shall be performed at the direction of the Contract Manager, or their designee, and under Maryland Department of Agriculture ‘Regulations Pertaining to

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Pesticide Application’ (15.05.01). The Contract Manager shall be the sole judge of when each location shall be serviced.

F. The Contractor shall provide a wireless communication device, with active wireless service, to their crew working under the Contract for purposes of communication between the Contract Manager, or Authorized Representative, and the working crew

Foreman. The Contractor shall supply the phone number for this wireless device to the

Contract Manager at the time of Notice to Proceed or before the first day of work under the Contract. The costs for the wireless communication device and service will not be a separate pay item but will be incidental to the Herbicide Application crew bid item.

G. The Contractor shall ensure all work completed under the Contract is performed according to the specifications of this IFB and industry standards. All safety equipment required by M.O.S.H.A for litter pickup shall be used at all times while performing work under the Contract.

H. The MDOT SHA is committed to a drug-free environment; therefore, the Contractor shall provide certified test results from an approved laboratory that the employees who function as laborers are substance free. All Contractor employees supplied under this

Contract shall be approved by the Administration prior to beginning work and shall be initially tested to determine they are substance free. The Contractor shall perform unannounced random inspections of employees for substance abuse at the work site no less than every four (4) weeks. The Contractor shall maintain a journal of all inspections, which shall be made available for review by the Administration. The Administration will conduct its own random inspections to insure a safe and substance free work environment. Contractor employees suspected of substance abuse will not be permitted to continue their work shift and shall be required to submit to immediate drug testing;

testing must occur within twenty-four (24) hours of the Contractor receiving notice of the employee’s suspected substance abuse. Consistent with the Governor’s Executive Order

01.01.1991.16, any Contractor employee who fails a drug test or who otherwise violates the provisions of this policy shall not be permitted to perform work under this or any other state contract. In addition, a violation of this policy by the Contractor is a breach of this agreement and may be grounds for a default termination of this Contract. The

Contract Manager may personally interview the proposed employee. The interview will be conducted to determine that the proposed employee is capable of performing the required duties of this position. Substance abuse testing and random inspection will not be measured for payment, but the cost of these items shall be included in the contract unit bid price on the pay items established in the Invitation for Bids.

I. All personnel performing under the contract must adhere to current MDOT SHA building safety protocols, including, but not limited to, participating in entry questionnaires, and utilizing proper personal protective equipment (PPE). Failure or refusal to adhere may result in denial of initial access to, or removal from, the MDOT SHA facility. Repeated failures to adhere may result in personnel being precluded from working under the contract.

J. The Contractor shall be responsible for proper personal conduct of all their personnel while on MDOT SHA premises or MDOT SHA assigned job sites. The Contractor shall not employ any person or persons, in or about the premises, who shall use improper language or act in a loud and/or boisterous manner. MDOT SHA may require dismissal of those employees whom MDOT SHA deems incompetent, careless, or otherwise objectionable to the public interest. If in the opinion of the Contract Manager, or their

Authorized Representative, any of the Contractor’s personnel appears unable to work, or

IFB for State Highway Administration Page 13 of 34 does not perform their work safely and satisfactorily, that individual shall be removed from the work site by the Contractor immediately following notice from the Contract

Manager or Authorized Representative.

K. The Contractor shall be responsible for replacing, at their expense, any plant material which is killed or disfigured through any act of negligence relating to the application and handling of herbicides.

L. The Contractor shall be responsible for any damages to Administration equipment, facilities, surfaces, fixtures (including, but not limited to guardrails and signage), furnishings, or other facility contents, and to private property, caused by the Contractor’s personnel operating under the Contract. Any such damage will be repaired by the

Contractor at the company’s expense and to the satisfaction of the MDOT SHA. The

Contractor shall notify the Contract Manager within twenty-four (24) hours of any damages to private or State property. The Contractor shall have, at a minimum, insurance coverage in the amounts specified in Section IX of this IFB. The Administration reserves the right to deduct from monies due to the Contractor any cost incurred for the repair and/or replacement of Administration property damaged by the Contractor.

M. The MDOT SHA reserves the right to limit the number of persons performing the work as required. The MDOT SHA may, at its discretion, limit any personnel from performing service, require temporary or permanent removal of the employee from work being performed, or required additional training of personnel at no cost to the MDOT SHA.

N. If the Contractor does not provide all equipment and labor required for the scheduled work each day, the Contract Manager, at their discretion, may cancel work that day without payment to the Contractor.

O. Throughout the term of this Contract, the Contractor will be rated by the Contract

Manager, or their Authorized Representative, for his/her reliability and the quality of work provided. The Contractor will be rated monthly after he/she submits a bill for each invoice period’s work, or at the discretion of the Contract Manager when work is not continuous. The Contractor will be rated by the Contract Manager for Reliability, Quality of work, Equipment Performance, and Cooperation of Personnel. If the Contractor receives a rating of C or less for two (2) consecutive ratings, the Administration reserves the right to terminate the Contract. The Contract Manager shall be the sole judge as to whether the roadside litter pick-up performed under the contract is satisfactory.

P. Failure of the Contractor to fulfill any requirement included in this IFB may result in a finding of deficiency and shall automatically constitute sufficient justification to allow the MDOT SHA to obtain comparable services on the open market. Any increased cost over the Contract price will be charged to the Contractor. Unsatisfactory performance, or violation of any portion of the Contract will result in the issuance of a “Notice of

Unsatisfactory Performance”. Non-safety related deficiencies must be corrected within forty-eight (48) working hours after notification by MDOT SHA. Safety related violations must be corrected prior to the next assigned working day, or no more than twenty-four (24) hours after notification by MDOT SHA, whichever is less. Any accumulation of three (3) or more “Notice of Unsatisfactory Performance” within a six

(6) month period may result in termination of the Contract.

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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

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 breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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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

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.

B. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 5 business day of the month following the end of the invoice period.

C. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Materials Reporting

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.

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

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The Contractor shall begin operations within ten (10) working days after notification by the

Contract Manager, or their Authorized Representative, and shall continue operations until completion of all designated work. If the Contractor fails to begin work within ten (10) working days of notification, the sum of $500.00 per working day for each working day beyond the ten (10) day notification will be deducted from any money due to the Contractor, not as a penalty, but as liquidated damages. The Contract Manager, or their Authorized Representative, may, at their discretion, extend these ten (10) working days due to weather or other conditions.

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

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.

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:

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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 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.”

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3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.10.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

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.

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 two million dollars ($2,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. 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.

C. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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

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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.

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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…