IFB 32GRAF2025_Fairland.pdf

Contract 32GRAF2025

M A R Y L A N D D E P A R T M E N T O F

T R A N S P O R T A T I O N

S T A T E H I G H W A Y A D M I N I S T R A T I O N

I n v i t a t i o n f o r B i d s ( I F B )

C o n t r a c t s L e s s T h a n $ 5 0 , 0 0 0

PROJECT: Graffiti Removal

CONTRACT NO. 32GRAF2025

ADVERTISEMENT DATE: November 7th, 2023

QUESTIONS DUE DATE: November 14th, 2023 @ 2:00 PM, EST

BID DUE DATE / TIME: November 30th, 2023 @ 2:00 PM, EST

BID LOCATION: Maryland Department of Transportation State Highway Administration Fairland Shop Maintenance Facility 12020 Plum Orchard Drive Silver Spring, Maryland 20904

I. SUMMARY STATEMENT

The State Highway Administration is soliciting for bids for a Contractor to provide removal of graffiti from various structures located in Montgomery County on an “as needed” basis.

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. This Contract will not automatically renew.

II. SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to Certified Small Business vendors. Only vendors that meet the statutory requirements set forth in State Finance and Procurement Article Subsections 14-501 – 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award of a contract.

Refer to Attachment II for further information regarding this program.

III. ISSUING OFFICE & PROCUREMENT OFFICER

Maryland Department of Transportation State Highway Administration Fairland Shop Maintenance Facility 12020 Plum Orchard Drive Silver Spring, Maryland 20904

The sole point of contact for purposes of this IFB is the Procurement Officer, Ms. Erin Conner. Ms.

Conner may be contacted by telephone number 301-572-5166 between 8:00 A.M. and 3:00 P.M., or by email at econner@mdot.maryland.gov. NOTE: The contractor is solely responsible for ensuring any information sent to the Procurement Officer by FAX or email has been received by the Procurement Officer.

IV. PRE-BID CONFERENCE

No Pre-Bid Conference will be held. Questions are due by November 14th, 2023 @ 2:00 P.M. EST.

V. BID DUE DATE

The Bids must be received by the Procurement Officer, Mary Howard at MDOT SHA, Fairland Shop Maintenance Facility, 12020 Plum Orchard Drive Silver Spring, Maryland 20904 on or before November 30th, 2023 @ 2:00 PM local time.

Bids shall be opened publicly at the time, date and location designated above.

Contractors are responsible for assuring that their bids are delivered to the specified location before the deadline for receipt of bids, including those delivered by U.S. Postal Service.

Oral, fax, telegraphic, mailgram or E-mail bids will not be accepted.

Bids, requests for withdraws, and modifications not received by the time and at the place indicated are late and may only be considered in accordance with COMAR 21.05.02.10.

VI. DURATION OF BID OFFER

Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the due date. The Procurement Officer may, however, request contractor to extend the time during which the State may accept their bids. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

VII. PROCUREMENT METHOD

This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small Procurement Regulations ($50,000 or Less).

VIII. TERMS & CONDITIONS

A. Termination for Non-appropriation: If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

B. Maryland Law Prevails: The law of Maryland shall govern the interpretation and enforcement of this Contract.

C. Disputes: Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

D. Changes: This contract may be amended only with the written consent of both parties.

Amendments may not significantly change the scope of the Contract (including the Contract price).

E. Termination for Default: If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

F. Nondiscrimination: The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

G. Anti-Bribery: The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor, nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners, nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

H. Termination for Convenience: The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of

COMAR 21.07.01.12A(2).

IX. SCOPE OF CONTRACTOR SERVICES

The following specifications are for a Contract for the removal of graffiti at various locations and times.

"Contractor" as stated in this agreement refers to the successful bidder. "SHA" refers to the State Highway Administration.

As the need arises, Graffiti must be removed from a variety of surfaces on SHA property. Some potential locations include buildings, the back walls and side walls of bridges, the undersides of elevated roadways and bridges as well as on sound barriers adjacent to SHA maintained roadways. This is not a comprehensive or fully representative listing as Graffiti may be present on other surfaces as well. It is SHA’s intention that work performed pursuant on this Contract can be directed at any SHA site where Graffiti is evident.

The Contractor will be required to respond within twenty-four (24) hours to remove the graffiti. In some cases, under emergency situations (removal of obscene language), the Contractor must respond within eight (8) hours of notification. All work performed shall be coordinated with SHA.

It will be up to the State Highway Administration to decide and utilize an appropriate method of graffiti removal to effectively remove the graffiti. When work is completed, the graffiti should no longer be legible.

The Contractor agrees to remove graffiti by applying a biodegradable product using a high-pressure wash system or any other method that will remove graffiti in an environmentally friendly manner without damaging the underlying surface. Pressure washing must not damage the surface being cleaned.

If the original surface coating is removed with the graffiti, the Contract shall replace the original coating with an application of a surface coating which matches the original and has been approved by SHA. It is understood that residual water will not be recaptured and will be allowed to flow with the slope of the land.

If pressure washing will not cover the graffiti, the graffiti marred surface shall be painted over. The paint shall blend to match the existing surface color and finish.

All work near or over water must fully comply with all Maryland Department of the Environment and U.S. Environmental Protection Agency rules and regulations.

The Contractor shall be responsible for Maintenance of Traffic (M.O.T).

The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by his operation at all times. Upon completion of the Work, the Contractor shall remove all waste materials and rubbish from and around the job site, as well as all tools, equipment, machinery and surplus materials and leave the area clean.

The quantities specified in this Invitation for Bids are estimated only and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity, which will be ordered, since such volume will depend upon requirements, which develop during the contract period.

X. CONTRACTOR QUALIFICATIONS

A. All prospective bidders must have a minimum of two (2) years successful experience in removing graffiti as described herein.

B. The Contractor must be covered by a sufficient amount of liability insurance. Documentation is to be provided to MDOT SHA prior to ‘notice of award’ being issued.

C. The Contractor’s facility or dispatch point shall be within a fifty (50) mile radius from the Fairland

Shop Maintenance Facility.

D. The Contractor shall have twenty-four (24) hour emergency service and provide emergency contact name and phone numbers.

XI. SERVICE REQUIREMENTS

A. Contractor shall furnish all labor, supervision, miscellaneous parts, equipment, tools, transportation, and methods of communication for work performed under this Contract.

B. All work shall be performed according to the standards of industry and to the complete satisfaction of MDOT SHA. All work shall conform to Federal, State, county and local codes, rules and regulations.

obtaining all necessary permits before MDOT SHA can perform on-site inspections at any time during the work.

C. The Contractor must meet all Federal EPA, OSHA, and MDE guidelines in the performance of work and proper handling and disposal of waste and/or contaminated materials. MDOT SHA will not receive any materials, products, or chemicals, which may be hazardous to an employee’s health unless accompanied by a Safety Data Sheet (SDS) when received.

D. The Contractor shall provide ‘not to exceed’ estimates on all emergency and non-emergency repair work. All work shall be approved by the MDOT SHA authorized representative prior to any work being performed.

E. The Contractor shall work until each job is completed and when necessary respond to multiple requests for services at the same time. The Contractor shall maintain the project by showing up at the stated time and work consecutive full work hour days until the work is complete. Contractor shall schedule work with the Contract Manager prior to start and not deviate without permission from the Contract Manager.

XII. WORK SCHEDULING, RATES, & PROCEDURES

A. No work shall be initiated under this agreement until a specific contract has been executed. No minimum number of hours shall be paid per on-site visit under this Contract. MDOT SHA will pay only for work performed. Any work performed outside the Scope of Work described in this Invitation for Bids, including emergency work, will not be paid if not preapproved by the Contract Manager.

B. Response-time to calls for routine repairs shall be within forty-eight (48) hours after call is placed.

Failure to respond within the specified time frame can result in termination of the Contract.

C. Except for emergency service, all work will be performed between the normal working hours of 7:30 a.m. and 4:00 p.m., Monday through Friday. No work will be performed on Saturdays, Sundays, or State recognized holidays without permission from the MDOT SHA Contract Manager.

D. No minimum show-up time shall be paid under this Contract.

E. Travel time to and from the job site is considered incidental to the other pay items and no additional compensation will be allowed. The Contractor shall sign-in and sign-out at the administrative office of the facility when reporting for work and when leaving.

F. Invoices shall be kept current with work that was completed within the past 30 days. Work that has not been invoiced within sixty (60) days from the completion of work may not be processed.

XIII. UNSATISFACTORY WORK

The Contract Manager or his representative shall inspect all work performed and be the final judge in determining if the work has been performed correctly and completely. All unsatisfactory findings shall have corrective actions made within forty-eight (48) hours of discovery. Any temporary corrective actions shall be made permanent within ten (10) business days of the initial discovery of unsatisfactory work.

XIV. PAYMENT

A. Invoices shall be submitted within thirty (30) calendar days from the date of work. Any work performed at the end of June shall be submitted no later than July 5th to comply with MDOT SHA's Fiscal Year end requirements. Invoice terms will be with thirty (30) days upon receipt of completed invoice. Invoices held for verification, missing information, or returned for corrective re-submittal will not be subject to late fees.

B. Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), contract number, and an invoice number.

Failure to do so may result in delay of payment.

C. All items will be paid as bid on the Invitation for Bids. Any overtime pay will be paid at no more than 1 ½ times the hourly rate. Invoices shall itemize date and location of services, work time with labor rates, and parts and material costs if applicable. The Contractor shall attach a copy of all source invoices for parts and material listed for reimbursement, including a total invoice cost.

D. Invoices shall be sent to the following email address:

D3FairInv@mdot.maryland.gov

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

Successful bidder is encouraged to accept payment from State of Maryland credit card in amounts up to $5,000.00 per purchase order. Purchases over $5,000.00 shall be based on net 30 days upon receipt of the invoice.

XV. BASIS FOR AWARD

The unit prices quoted is required for establishing a unit cost for each service and providing a grand total for the purpose of evaluating bids. The award will be based upon the lowest Grand Total Bid and be awarded to the lowest responsive and responsible bidder for the services required in the amount not to exceed $50,000.00.

XVI. LIABILITY

The Contractor must be covered by a sufficient amount of liability insurance. The Contractor shall provide this Administration with proof of liability insurance and coverage before the contract is awarded.

XVII. BID CONTENT

The bidder shall submit an original Contract Bid Form for this Project. The bid shall be submitted on Attachment I. Attachment I shall not to be altered in any way and shall contain only the price or prices stipulated on the form.

mailto:D3FairInv@mdot.maryland.gov

Bid submissions must be:

• Submitted in a sealed envelope marked "SEALED BIDS."

• Addressed to: Attn: Erin Conner, Maryland Department of Transportation, State Highway

Administration, Fairland Shop Maintenance Facility, 12020 Plum Orchard Drive, Silver Spring, Maryland 20904.

• Clearly marked with the full name and address of the bidder.

• Clearly marked with the contents of the envelope (i.e., “Bid Submission - Contract No.

32GRAF2025)

XVIII. OPENING OF BIDS

Bids will be opened publicly in accordance with the provisions in COMAR 21.05.02.11 on the date and time specified in Section V of this Invitation for Bids.

XIX. DURATION / TERM OF THE CONTRACT / PROJECT

The duration/term of the Contract is twenty-four (24) months or until contract funds have been depleted, whichever comes first.

XX. ATTACHMENTS

Attachment I - Contract Bid Form (required with bid submittal) Attachment II - Small Business Preference Procurement Attachment III - Small Business Contract Affidavit Attachment IV - Contractor Rating

C O N T R A C T B I D F O R M – A T T A C H M E N T - I

This form is to be completed in its entirety, is not to be altered in any way and is to contain only the price or prices stipulated on the form.

State Highway Administration IFB No.: IFB 32GRAF2025 Vendor Name:

Date of Bid:

Column A Column B Column C Column D

Item / Description Quantity (See Note )

Vendor’s Bid per Unit

Total Cost ($) (Column B x C)

POWER WASH

Graffiti Removal at ground level or via telescopic wand or bucket truck

15,000 SQ. FT

PAINT

Graffiti Removal at ground level or via telescopic wand or bucket truck

15,000 SQ. FT

TOTAL BID AMOUNT (Sum of Column D)

NOTE:

• Qu an t i t i e s a re e s t ima t ed an d u sed fo r b id ev a lua t i o n o n ly . Th ey may n o t rep re sen t t h e ac tu a l qu ant i t i e s ex p e r i en ced o n ce t h e co n t rac t i s award ed .

• SHA, i s ex emp t f ro m M ary l an d Sa l e s an d Use Tax es b y Ex emp t io n

Ce r t i f i c a t e Nu mb er 3 0 0 0 2 56 -3 an d f ro m Fed e ra l Ex c i se Tax es b y

Ex emp t io n Nu mb er 52 -7 3 -0 35 8 K . Do no t i n c lu d e t ax i n b id p r i ce s

F O R T H E C O N T R A C T O R :

S i g n a t u r e / D a t e :

P r i n t N a m e :

T i t l e :

F e d e r a l T a x I . D . N u m b e r :

P h o n e N u m b e r :

Attachment II

SMALL BUSINESS RESERVE PROCUREMENT

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 who are registered with the Department of General Services Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a business, other than a broker, that meets the following criteria:

$ The business is independently owned and operated;

$ The business is not a subsidiary of another business;

$ The business is not dominant in its field of operation;

$ The wholesale operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;*

$ The retail operations of the business did not employ more than 25 persons, and the gross sales of the business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;*

$ The manufacturing operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;*

$ The service operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;* and

$ The construction operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years.*

$ The architectural and engineering operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.*

* If a business has not existed for three years, the gross sales average shall be the average for each year or part of a year during which the business has been in existence

ATTACHMENT III

Maryland Department of Transportation

SMALL BUSINESS CONTRACT AFFIDAVIT

********** PROVIDING FALSE INFORMATION **********

Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following:

1. A determination by a Procurement Officer that a bidder/offeror is not responsible;

2. A determination that a contract entered into is void or voidable under § 11-204 of the State Finance and Procurement Article of the Annotated Code of Maryland;

3. Suspension and debarment under Title 16 of the State Finance and Procurement Article;

4. Criminal prosecution for procurement fraud (§ 11-205.1 of the State Finance and Procurement Article), perjury, or other crimes; and

5. Other actions permitted by law.

********** FAILURE TO MEET MINIMUM QUALIFICATIONS **********

Any Bidder or potential bidder failing to meet the qualifications of a "small business" specified in § 14-501(c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under § 14-504 or Small Business Preference under § 14-206 - 207. Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under § 14-501(c) will have its bid or offer rejected on the ground that the bidder is not responsible.

I AFFIRM THAT:

To the best of my knowledge, information, and belief, as of the date of submission of this Bid/Proposal, (name of firm) meets the qualifications for certification as a Small Business in Maryland. I further affirm that, if for any reason during the term of the contract (name of firm) no longer meets the qualifications of certification as a Small Business in Maryland, I will notify the Procurement Officer within 30 days. I agree that a failure to so notify the Procurement Officer of this change in circumstances may result in this contract being terminated for default.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

SMALL BUSINESS QUALIFICATION NUMBER _________

Date of Most Recent Qualification__________________________________

DATE:_____________

BY:_____________________________________________________________

Signature (Authorized Representative and Affidavit)

ATTACHMENT IV

CONTRACTOR RATING

Work Sheet

Contractor: Date:

Location:

RELIABILITY:

A. Always shows up as needed and on time B. Almost always shows up as needed on time C. Sometimes shows up D. Rarely shows up

QUALITY OF WORK:

A. Excellent B. Good C. Marginal D. Poor

COOPERATION OF PERSONNEL:

C. Marginal

EQUIPMENT PERFORMANCE:

C. Marginal

E. Exempt

Remarks

Contractor's Signature

MD SHA Inspector's Signature

Reviewed with Contractor on:

cc: District Office Contractor

The Contractor will be rated after he/she submits a bill for each month's work. If the Contractor receives a rating of C or less in reliability, quality of work, cooperation of personnel and/or Equipment performance for two consecutive ratings the Administration reserves the right to terminate the Contract.