IFB AGY-23-006-MT Forklift Maintenance and Service 10122022.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

MDOT / MTA

INVITATION FOR BIDS (IFB)

FORKLIFTS MAINTENANCE AND SERVICE

IFB NUMBER AGY-23-006-MT

ISSUE DATE: OCTOBER 12, 2022

NOTICE TO BIDDERS

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 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.

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Forklifts Maintenance and Service Solicitation #: AGY-23-006-MT IFB Document

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NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Forklifts Maintenance and Service Solicitation No: MTR-23-006-MT

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

IFB for MDOT MTA Page iii of 74

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINSTRATION

(MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance - Forklifts Maintenance and Service

Solicitation Number: AGY-23-006-MT

IFB Issue Date: Wednesday October 12, 2022

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration (MDOT / MTA)

Procurement Officer: Tammy Russell 6 Saint Paul Street, 7th floor Baltimore, Maryland 21202 e-mail:

Office Phone:

trussell@mta.maryland.gov 410-767-3369

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: Thursday October 20, 2022 at 10:00am Local Time via Microsoft Teams. Please send email for attendance to Procurement Officer by 2 pm Wednesday October 19, 2022.

Questions Due Date and Time Thursday October 27, at 2:00 p.m. Local Time via email trussell@mta.maryland.gov

Bid Due (Closing) Date and Time:

Monday November 14, 2022, at 1:00 p.m. Local Time.

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

Monday November 14, 2022 at 1:30 p.m. Local Time via Bid Tabulation http://emma.maryland.gov

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Five (5) year base period with no option periods.

Primary Place of Performance:

Please see “Appendix A.”

SBR Designation: Yes

Federal Funding: No mailto:trussell@mta.maryland.gov mailto:trussell@mta.maryland.gov http://emma.maryland.gov/

IFB for MDOT MTA Page iv of 74

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks.......................................................... Error! Bookmark not defined.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data ....................................................... Error! Bookmark not defined.

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report ....................................................... Error! Bookmark not defined.

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

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4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds .......................................................................................... Error! Bookmark not defined.

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

IFB for MDOT MTA Page vi of 74

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:

1.1.1 The successful contractor shall be a business in business with experience performing work on Forklifts. Proof of these requirements along with three (3) references shall be submitted with the bid. The contractor shall provide a technician(s) with experience, trained in Forklift maintenance, servicing, testing, and certifying.

1.1.2 The contractor shall make every effort to prevent interference with the daily activities of the building occupants during the service. Unless mutually agreed to by the contractor and the MDOT MTA Project Manager or designee, the contractor shall provide service during normal business hours; Monday thru Friday, 7:00 AM to 3:30 PM.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA) or the "Administration” is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the MDOT MTA for the procurement of a maintenance program for Forklifts for scheduled and unscheduled inspections, preventative maintenance, service, and repair of various manufacturer and models lifts.

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 The <MDOT MTA intends to make a single award for the work under this IFB. See IFB Section

4.9 Award Basis for more Contract award information.

2.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

The Contractor shall provide a maintenance program for MDOT MTA for equipment that guarantees scheduled and unscheduled service is performed as needed per the Original Equipment Manufacturer (OEM) specifications. Unless otherwise agreed to, all preventative maintenance and service shall be performed on site.

2.2.1 CONTRACT SPECIFICATIONS

2.2.1.1 This contract is for the inspections, preventative maintenance, service, and repair of various makes and models of Forklifts and other equipment as may be specified in Appendix “A”.

2.2.1.2 The contractor shall not perform any service on any units(s) not listed in Appendix “A”.

Work performed on unit(s) not listed in Appendix “A” may not be approved for

IFB for MDOT MTA Page 3 of 74 payment. The contractor is responsible for knowing what units are listed in Appendix “A” before performing any service or ordering of any parts or material.

2.2.1.3 The Project Manager may add or remove units to Appendix “A” during the term of this contract.

2.2.1.4 The contractor shall perform all work requested by the Project Manager, or any of the approved designees on all units/equipment listed in Appendix “A”.

2.2.1.5 The contractor shall verify the “Warranty Period” for each unit prior to submitting quotes to the Project Manager, or approved designees.

2.2.1.6 Using the equipment manufactures recommendations; the contractor shall create a job plan for Preventative Maintenance (PM) that meets all OEM maintenance and safety specifications as well as all state and federal safety regulations.

2.2.1.7 The contractor shall provide lump sum pricing for the annual inspection and or certification for that unit(s) with the contract’s bid proposal.

2.2.1.8 The contractor’s proposed Preventative Maintenance job plan and annual inspection/certification job plan shall be submitted to the MDOT MTA Project Manager for review and approval at the NTP “Kick-Off” meeting.

2.2.1.9 Preventative Maintenance (PM) shall be performed on each unit in Appendix “A” not greater than every 180 days.

2.2.1.10 Minor repairs (corrective action) and adjustments such as replacing and tightening fasteners or fittings, adding fluids, adjusting, replacing filters, and replacing light bulbs shall be included in the per unit lump sum unit price, and, at “NO” additional cost to MDOT MTA.

2.2.1.11 Not more than a total of two (2) scheduled PM’s and or inspections shall be performed on any unit per year. There are no additional costs to MDOT MTA for parts and labor for scheduled PM’s.

2.2.1.12 No PM shall be performed on any equipment more than fourteen (14) calendar days prior to the one hundred and eighty (180) day schedule.

2.2.1.13 The contractor shall supply mechanics all necessary OEM maintenance and parts manuals for all equipment that is listed in Appendix “A”. These manuals shall be available on site where the work is being performed. Manuals in electronic format will be allowed.

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2.2.1.14 In every instance that service or corrective action repairs are necessary, scheduled, or unscheduled, the contractor shall provide the Project Manager, or approved designee with a cost estimate for approval. Estimates over $500.00 shall be in writing. All written estimates shall include an itemized cost for parts, labor, material, and include a projected completion date prior to commencing of any work or ordering of any parts or materials.

3.2.1.15 As defined in item “3.2.1.14” above the Project Manager, or approved designee must approve each (written and verbal) estimate before any work is done or any parts or materials are ordered. Estimates shall be complete, including but not limited to freight, handling, traveling, towing, and overhead.

2.2.1.16 All parts and materials shall be itemized on each quote/estimate and shall be at cost which will be verified by the MDOT MTA Project Manager.

2.2.1.17 The MDOT MTA reserves the right to audit the contractor’s records to verify the contractor is not charging more than the contractor’s actual cost.

2.2.1.18 The MDOT MTA reserves the right to audit the contractor’s employee timecards to verify the contractor’s invoices match hours billed for time and material.

2.2.1.19 The contractor shall have a formal drug and alcohol testing policy. A copy of the contractor’s drug and alcohol policy shall be included in the contractor’s bid proposal.

2.2.1.20 The contractor must perform a PM inspection for all items/units listed in

Appendix “A” within 60 calendar days of notice to proceed.

2.2.2 WORK TO BE PERFORMED:

2.2.2.1 At a minimum, the contractor shall include all items listed in Appendix “A” when PM and annual inspections/certifications on all equipment listed in Appendix “A”. The technician(s) shall have the appropriate servicing manuals, tools, materials, lubricants, and manufacturer's recommended replacement parts listed for use in the Forklifts. The contractor shall ensure that each unit is fully inspected, tested, tagged, serviced, and certified during a specified annual period to ensure ongoing operational readiness of all units. Upon completion of each inspection, all known deficiencies affecting any unit’s efficiency at any location shall be identified and reported in writing to the Project Manager. The contractor’s report shall include the type, serial number, and location of the deficient unit(s). It shall be the contractor’s responsibility to contact the Project Manager and the appropriate mode manager prior to arriving at any MDOT MTA location to provide maintenance, inspections and or certifications. The MDOT MTA will maintain

IFB for MDOT MTA Page 5 of 74 and provide the contractor with a list of up-to-date mode mangers that the contractor shall contact to schedule maintenance, service, inspections and or certifications of all units.

2.2.2.2 The contractor shall only perform work on items listed in Appendix “A”. Invoices for any work performed on items not listed in Appendix “A” may not be approved for payment.

2.2.2.3 All filters changed/replaced shall be dated on the filter with weatherproof permanent marker.

2.2.2.4 All lubricants, fluids and other products used must meet the unit OEM specifications for that unit.

2.2.2.5 Prior to performing any maintenance or ordering of parts or material, the contractor shall verify and inform the Project Manager, or the approved designee of any work that may be covered under warranty.

2.2.2.6 After each PM the contractor shall install a durable weatherproof inspection sticker, easily viewable, with the contractor’s name, technician’s name, hour meter, and the date of the inspection on each unit.

2.2.2.7 The contractor shall provide the Project Manager, or approved designee with the written recommendations for any additions service that may be needed or recommended. Each recommended repair shall be quoted separately.

2.2.2.8 After each inspection/service, scheduled or unscheduled, the contractor shall provide the Project Manager, or the approved designee with a maintenance report that shows at a minimum the unit serial number, location, date of service, hour meter reading, name of mechanic, start and finish time, and reason for service and corrective action taken. If the Project Manager, or the approved designee agrees with the maintenance report, he/she shall sign and print their name on the report and keep at least one (1) copy for MDOT MTA records in a designated folder for each specific piece of equipment.

2.2.2.9 A documented or OEM procedure shall be required for any replacement, maintenance, or adjustment of safety valves, pressure switches, and compression pressure relief (CPR) unloaders on any equipment having these components.

2.2.2.9.1 The contractor shall have a tag out / lock out tags for equipment deemed out of service for safety reasons or further repairs needed. The Project Manager, or approved designee shall be notified of any piece of equipment deemed unsafe for use. This information shall also be noted on the contractor’s work order.

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2.2.2.9.2 The contractor shall be responsible to transport all equipment that is required to be removed from the MDOT MTA to the contractor’s facility for repairs. The contractor shall include in the bid a lump sum cost for transporting equipment.

2.2.3 PERFORMANCE:

2.2.3.1 The contractor shall contact the Project Manager, or approved designee at least twenty-four

(24) hours in advance to schedule work and confirm the availability of equipment at each location.

2.2.3.2 Appendix “A” has a list of equipment to be covered by this contract. The Project Manager may revise this list at any time during the contract period. If a unit is deleted there will be no future charges for that unit. If a unit is added, a unit price for the new equipment shall be mutually agreed to by the Project Manager and the Contractor.

2.2.3.3 The contractor shall be responsible for properly and accurately troubleshooting and diagnosing equipment failures. The MDOT MTA shall not be responsible for paying for the contractor’s labor or any parts or materials order and or installed on MDOT MTA equipment due to the contractor’s misdiagnosis.

2.2.3.4 The contractor’s employees shall wear uniforms showing the employee’s name and company name. The contractor’s employees shall also wear safety shoes and all other Personal Protective Equipment (PPE) to include but not limited to a safety vest. All PPE must meet the appropriate ANSI standard. A Class II ANSI safety vest (or apparel) is MDOT MTA’s minimum requirement.

2.2.3.5 The contractor shall inform the Project Manager, or approved designee immediately upon arrival and prior to making any inspections or repairs.

2.2.3.6 The contractor is responsible for maintaining and monitoring PM maintenance schedules and must schedule PM work with the Project Manager, or approved designee.

2.2.3.7 The contractor’s actions must not interfere with MDOT MTA operations or the movement of transit vehicles.

2.2.3.8 If any unit, not destroyed, is out of service for more than ten (10) calendar days after the contractor was informed of the need for service or repair, the MDOT MTA may, at MDOT MTA’s sole discretion, rent a similar unit until the MDOT MTA’s unit is repaired by the contractor. All costs related to any such rental shall be borne by the contractor. These charges may be collected from money owed to the Contractor.

2.2.3.9 The MDOT MTA may remove equipment from service that is more than fourteen (14) days overdue for PM inspection(s) or annual certifications; provisions in item eight (3.2.3.8) above will be enforced.

2.2.3.10 If a unit is more than fourteen (14) calendar days past due for its scheduled service, the contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost for that service for that unit. The contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost every fourteen (14) calendar days that the service is past due. These charges may be collected from monies owed to the contractor.

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2.2.3.11 To ensure minimal equipment downtime, the contractor shall maintain replacement repair parts and material necessary to perform scheduled and unscheduled routine repairs. For more complex repairs, the contractor shall supply said parts and materials within five (5) calendar days.

2.2.3.12 To eliminate any concerns as to who authorized repairs, it’s the contractor’s responsibility to have the Project Manager, or approved designee print and sign his/her name. If the Project Manager is unable to determine who verified and or authorized work or is unable to determine what piece of equipment work was performed on, the invoice(s) will not be approved for payment.

2.2.3.13 All welding performed on safety critical components (including but not limited to steering, brakes and or protective shields) must be completed by a certified welder or inspected by a certified welding inspector.

2.2.3.14 All torque wrenches and test equipment used on the MDOT MTA’s equipment shall be calibrated per manufacture’s recommendations or annually, whichever is more frequent.

Within thirty (30) calendar days of notice to proceed, the contractor shall provide the Project Manager with calibration records. The contractor shall provide the Project Manager with additional calibration records upon request.

2.2.3.15 All hardware and fasteners used in the maintenance or repair of MDOT MTA’s equipment shall be certified to be the grade required in the OEM manuals or be the same grade as the item being replaced.

2.2.4 EQUIPMENT WARRANTIES:

2.2.4.1 This contract is for various types of equipment from several different manufactures ranging from one (1) to twenty (20) years old. The contractor shall confirm and inform the Project Manager, or approved designee if any repairs are eligible for manufacture or vendor warranty claims. Any repairs eligible for manufactory warranty must be performed at no cost to the MDOT MTA.

2.2.4.2 The contractor must provide a minimum of one year warranty for parts and labor on all repairs.

2.2.5 WORKING CONDITIONS:

2.2.5.1 The contractor’s actions must not interfere with MDOT MTA operations or the movement of transit vehicles.

2.2.5.2 MDOT MTA has a “ZERO” Tolerance cell phone policy. Except in approved designated areas MDOT MTA employees and contractors are prohibited from using cell phones on MDOT MTA property. Any contractor’s employee violating MDOT MTA’s cell phone policy may be considered as unsuitable personnel; see section “3.2.16”.

2.2.5.3 The contractor may dispose of “Uncontaminated” waste lube oil in MDOT MTA’s waste oil tanks.

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2.2.5.4 The contractor shall be responsible for the disposal/removal of any batteries deemed unusable.

2.2.5.5 The contractor may use MDOT MTA compressed air, electric and water without charge as long it does not affect MDOT MTA operations. The contractor must provide all hoses, adaptors and extensions required and remove same when completed.

2.2.5.6 Parking is limited, only the contractor’s service vehicle will be allowed on MDOT MTA property. No contractor’s employees are permitted to park private vehicles on MDOT MTA property.

2.2.6 WORK HOURS:

2.2.6.1 Unless another time is mutually agreed to by the contractor and the MDOT MTA Project Manager, all routine service shall be done between 7:30am and 3:00pm, Monday through Friday. However, this contract does include emergency on-call services, which includes nights, holidays, and weekdays. The MDOT MTA will not provide additional compensation for work completed outside scheduled contract hours.

2.2.6.2 The contractor shall contact the Project Manager, or approved designee at least twenty-four

(24) hours in advance to schedule work and verify the availability of equipment at each location.

2.2.6.3 The contractor is required to report to the Project Manager, or approved designee prior to and upon completion of any service/repair performed.

2.2.6.4 The Project Manager, or approved designee at each MDOT MTA location may verify the contractors time on site by requiring the contractor’s employee(s) to document their time with the use of a time clock.

2.2.6.5 The contractor shall be available for unscheduled service as requested by the MDOT MTA.

After being contacted the contractor shall arrive at the base no later than 12 PM (noon) the next business day.

2.2.7 CONTRACT DURATION:

2.2.7.1 This contract shall run for a continuous Sixty (60) month period starting with the “Notice to Proceed” (NTP).

2.2.8 MILEAGE:

2.2.8.1 There shall be no mileage or labor charge for the contractor’s transportation to and from MDOT MTA facilities for scheduled or unscheduled services. The contractor shall include mileage and all other overhead as part of their lump sum and hourly bid pricing.

2.2.8.2 MDOT MTA Contract Project Manager:

• Keith Stewart 1515 Washington Blvd., Building #1, Operations Support Phone: 410-454-7085 Email: kstewart@mdot.maryland.gov mailto:kstewart@mdot.maryland.gov

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2.2.8.3 MDOT MTA Contract Approved Designees:

• Richard Simmons 1515 Washington Blvd., Building #1, Operations Support Phone: 410-454-7103 Email: rsimmons@mdot.maryland.gov

• Beverly Jacobs 1515 Washington Blvd., Building #1, Operations Support Phone: 410-454-7086 Email: bjacobs@mdot.maryland.gov

2.2.9 BUILDING / SECURITY PROCEDURES AND RESTRICTIONS:

2.2.9.1 All Contractors working on MDOT MTA property shall obtain an MDOT MTA Contractors ID Badge using the Access Control Management System.

2.2.9.2 The Contractor shall be responsible for providing and updating a list of its employees working at any of the MDOT MTA locations. The Contractor shall comply with all security measures required by the MDOT MTA.

2.2.9.3 All contactors’ employees shall display the MDOT MTA Contractor’s Identification Badge while performing work on MDOT MTA Property.

2.2.10 PENALTY:

2.2.10.1 The MDOT MTA may assess a penalty in the amount equal to the hourly bid cost, but not to exceed eight (8) hours per day, should the contractor fail to provide services within the agreed upon time.

2.2.10.2 Penalty may be applied every day, including Saturdays, Sundays, and holidays, until the proper service has been completed

2.2.11 INVOICE REQUIREMENTS:

2.2.11.1 The contractor shall submit invoices monthly.

2.2.11.2 All work must be invoiced within 45 days to be approved for payment.

2.2.11.3 All service shall be invoiced separately. “Invoices shall not include more than one unit”.

2.2.11.4 Invoices shall not be split. All work for service calls shall be invoiced by unit by incident including “change orders”.

2.2.11.5 Each invoice shall include a summary of all scheduled and unscheduled work performed, the identity of the unit inspected/serviced, and a legible copy of each inspection and or service report signed by the Project Manager or the approved designee.

mailto:rsimmons@mdot.maryland.gov mailto:bjacobs@mdot.maryland.gov

IFB for MDOT MTA Page 10 of 74

2.2.11.6 The invoice shall include parts and labor. Fluids shall be included in PMs at no additional cost. If fluids are used for required maintenance other than PM’s, the invoice shall include fluids as parts.

2.2.11.7 Payment will not be approved for any inspections, service, material, parts, or labor unless a signed maintenance report/work order is included with the invoice verifying services were satisfactory received by the Project Manager or approved designee.

2.2.11.8 Invoices shall be emailed to: mtaaccountspayable@mdot.maryland.gov

2.2.11.9 Each invoice shall identify the designated Project Manager for the specific unit.

2.2.11.10 Each invoice shall show purchase order/contract number and MDOT MTA person requesting and approving the work.

2.2.11.11 All invoices for services shall be signed by the Contractor and submitted by email to MTA Accounts Payable, MDOT MTA Project Manager, and MDOT MTA Approved Designee.

All invoices shall include the following information:

• Contractor Name

• Remittance address

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number)

• Invoice period

• Invoice date

• Invoice number

• State assigned contract number

• State assigned (Blanket) Purchase Order Number

• Goods or services provided

• Amount due Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information. The MDOT MTA reserves the right to reduce or withhold contract payment in the event the contractor does not provide the MDOT MTA with all required deliverables, services within the time frame specified in the contract or if the contractor otherwise materially breaches the terms and conditions of the contract until such time as the contractor brings itself into full compliance with the contract. Any action on the part of the MDOT MTA, or dispute of action by the contractor, shall be in accordance with the provisions of Maryland Code Ann., State Finance and Procurement Article # 15-215 through 15-223 and with COMAR 21.10.02.

The contractor shall submit invoices by the 15th of the month following the month in which services were performed.

mailto:mtaaccountspayable@mdot.maryland.gov

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2.2.12 EQUIPMENT LOCATIONS:

2.2.12.1 1515 Washington Boulevard

Bush Bus Facility Division All buildings located at 1515 Washington Boulevard

2.2.12.2 201 South Oldham Street

Eastern Bus Facility Division

2.2.12.3 2226 Kirk Avenue

Kirk Avenue Bus Facility Division

2.2.12.4 4401 Mount Hope Drive

Northwest Bus Facility Division

2.2.12.5 1331 S. Monroe Street

Storeroom / Inventory – Bus Maintenance

2.2.12.6 2301 Kirk Avenue 21212 – New Kirk Facility

2.2.12.7 2400 Huntingdon Ave. 21211 – Kirk Temp

2.2.13 SUITABLE PERSONNEL:

2.2.13.1 The contractor’s employees shall wear required safety equipment and uniforms showing the employee’s name and company name.

2.2.13.2 At the sole discretion of the MDOT MTA, the contractor shall immediately remove any person from the site that is considered by the Project Manager as unsuitable. The Project Manager may inform the contractor verbally of the reason the person is unsuitable but, the Project Manager shall also provide a written statement to the contractor within three (3) business days.

2.2.13.3 Any person identified as unsuitable may not be utilized at any MDOT MTA location under this contract unless the Project Manager provides written approval to the contractor.

2.2.13.4 Violations of the MDOT MTA safety policies, cell phone policy, or disruptive actions, theft, dishonesty, or failure to work while on the time clock and material task are some examples to declare a person unsuitable.

2.2.14 ENVIRONMENTAL COMPLIANCE:

2.2.14.1 The contractor shall maintain a clean working environment and prevent the release of any chemicals, oil’s, degreasers, lubricants’ etc. The contractor shall provide proper disposal of all discarded materials, parts, equipment etc.

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2.2.15 SAFETY DATA SHEETS:

Prior to using any chemicals on MDOT MTA property, Safety Data Sheets (SDS) for all chemicals (degreasers, cleaners, solvents etc.) must be submitted to the project Manager. No chemical may be used on MDOT MTA property unless approved for use by MTA. SDS sheets and approvals by the MTA shall be on each service truck in a binder for easy review and retrieval if needed. SDS forms are available from the Project Manager

Please see Appendix A on the next page

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Appendix "A" - ForkLift Maintenance and Service

A B C D E F G Equipment

Type Model # Serial # MTA Tag # Description Location

1 Fork Lift Yale Yale - Standup Bldg. 1331 2 Fork Lift Yale Yale - Standup Bldg. 1331

3 Fork Lift E50B EV 327518A 300120 Red-Kalmarac NW Div. Bus Maint.

4 Fork Lift FD25T-3 A2N506990 301582 TCM Pro HD 3700 NW Div. Bus Maint.

5 Fork Lift ERC060GHN36 TQ084 A908N08367F 301075 Yale 6000 LB NW Div. Bus Maint.

6 Fork Lift 30SP36TL-6 H-14425 175438 Crown - Cherry Picker Bldg. 1331

7 Fork Lift CMP 25 CMP230L-0399- 9665KF 204052 Green Clark Bldg. 1331

8 Fork Lift CMP 25 P232L-0399-9665- KF 301375 Green Clark Bldg. 1331

9 Fork Lift E35HSD-21 B219N01980K 301940 Hyster Yellow Bldg. 1331 10 Fork Lift E35HSD-21 B219N01981K 301939 Hyster Yellow Bldg. 1331 11 Fork Lift RC-302040 1A204492 195563 Stand-Up Crown 471 Bldg. 1331 12 Fork Lift RC-302040 1A204443 Stand-Up Crown 470 Bldg. 1331

13 Fork Lift EM1115S ESM247-0090- 8724FG 204058 Green Clark Stand-Up Bldg. 1331

14 Fork Lift C25L TYP LP P232L-1085-9781- KF 301921 Green Clark LP Bldg. 1331

15 Fork Lift C-25D P232D-0004- 9882MP 301934 Clark Kirk Div. Fac. Maint.

16 Fork Lift EES 225

183809 Green Clark Kirk Div. Bus Maint.

17 Fork Lift E50BBXH-EV 37936A 300118 Red-Kalmarac Kirk Div. Bus Maint.

18 Fork Lift FHD30T3A A2Z900139 301070 TCM Fork Lift East Div. Bus Maint.

19 Fork Lift E50BBXH-EV 37935A 300119 Red-Kalmarac East Div. Bus Maint.

20 Fork Lift 5FB CU25 62851 195561 Toyota Bush Div. Bus Maint.

21 Fork Lift FHD25TS A2S501009 301092 TCM Pro Bush Div. Bus Maint.

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25 Fork Lift 5FBCU25 62866 195558 Toyota Body Shop Bus

26 Fork Lift 5FBCU25 62736 195490 Toyota Main Shop Bus Maint.

27 Fork Lift 5FBCU25 62725 195484 Toyota Main Shop Bus Maint.

28 Fork Lift FG25T7L A45L00404 300017 TCM 25 Main Shop Bus Maint.

29 Fork Lift 600PD-16 218684A 301087 Tusk 600 Truck Shop

30 Fork Lift FHD-25T3 A2S500859

TCM Pro HD-25 Brake Shop Bus

31 Fork Lift FHD-25T3 A2S500858

TCM Pro HD-25 A/C Shop Bus

32 Fork Lift SP-30 SP300258PM6550 175252 Clark Walk Behind Revenue 33 Fork Lift BGL-30 9830872 195920 Clark Walk Behind Revenue 34 Fork Lift LLPE 11117 175261 SCRECK Walk

Behind Revenue

35 Fork Lift FG25T3L A2H504512 301383 TCM Training-3

36 Fork Lift FHD 25T3 A28500946

TCM Pro HD 25 Bush Div. Bus

37 Hyster H60UT A3C1A06338V ST01769 Propane New Kirk Fac.

38 Hyster H60UT A3C1A06338V ST01768 Propane New Kirk Fac.

22 Fork Lift HD25T-3 A2S500948 301067 Yellow TCM Pro HD-25 Bush Div. Bus

23 Fork Lift 600CBSH-6 90152A 300239 Red - Tusk 600 Bush Div. Bus

24 Fork Lift FD25T-16 752731

Komat SV Body Shop Bus

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to <<60>> days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor shall provide a draft Transition-Out Plan <<120 Business Days>> in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the MDOT MTA and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the MDOT MTA or a designee;

5) Any final training/orientation of MDOT MTA staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the MDOT MTA the procedures and practices that support the business process and current system environments;

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c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the MDOT MTA or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and mtaaccountspayable@mdot.maryland.gov

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate;

4) Invoice period (i.e. time period during which services covered by invoice were performed);

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

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The MDOT MTA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MDOT MTA with 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.

Any action on the part of the MDOT MTA, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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.

3.3.2 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 –Bid Form) those items shall be billed in the month following the acceptance of the work by the MDOT MTA.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) 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

i) 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.

3.3.4 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.

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3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 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:

3.5.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

a) Commercial General Liability - of $5,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $5,000,000 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 $1,000,000 and waiver of subrogation in favor of MTA or those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

d) 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.

3.5.2 All insurance policies shall be endorsed to include a clause requiring the insurance carrier 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 cancelled 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.

3.5.3 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.5.4 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.

3.5.5 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.

3.6 Security Requirements

The following requirements are applicable to the Contract:

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3.6.1 Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.6.2 Security Clearance / Criminal Background Check

Contractor Is Responsible for Background Checks.

a) A criminal background check for any Contractor Personnel providing on-site or any list specific services/roles impacted shall be completed prior to each Contractor Personnel providing any services under the Contract.

b) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

c) The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

d) Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract; Contractor Personnel who have been convicted within the past five (5) years of…