IFB AGY-23-072-MT, Removing & Recycled Used Oil, Oil Filters & Antifreeze.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION (MDOT)

MARYLAND TRANSIT ADMINISTRATION (MTA)

INVITATION FOR BIDS (IFB)

REMOVING AND RECYCLING USED OIL, OIL FILTERS &

ANTIFREEZE

IFB NUMBER: AGY-23-072-MT

SOURCING PROJECT: BPM042587

ISSUE DATE: FEBRUARY 26, 2024

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Removing & Recycling Used Oil, Oil Filters & Antifreeze

Solicitation #: AGY-23-072-MT IFB Document

IFB for MDOT MTA Page ii of 71

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: Removing & Recycling Used Oil, Oil Filters & Antifreeze

Solicitation No: AGY-23-072-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: _______________________________________________________________________

If you have chosen not to submit a bid on this procurement, please e-mail this completed form to:

Procurement Officer: Stephanie Harrison

Email: SHarrison2@MDOT.Maryland.gov

Phone: 410-454-7917

THANK YOU

mailto:SHarrison2@MDOT.Maryland.gov

IFB for MDOT MTA Page iii of 71

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services - Removing & Recycling Used Oil, Oil Filters, and

Antifreeze

Solicitation Number: IFB - AGY-23-072-MT

IFB Issue Date: Monday, February 26, 2024

IFB Issuing Office: Maryland Transit Administration (MTA or the "Department")

Procurement Officer: Stephanie Harrison e-mail:

Office Phone:

SHarrison2@MDOT.Maryland.gov

410-454-7917

Bids are to be sent to: Submit via eMMA

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-

Solicitations-IFB-v3.pdf.

Pre-Bid Conference: Not required for this IFB.

Questions Due Date and Time Not required for this IFB.

Bid Due (Closing) Date and

Time:

Monday, March 18, 2024 @ 2:00pm 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, March 18, 2024 @ 2:30pm Local Time

Via eMaryland Marketplace Advantage (eMMA)

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite Quantity, Fixed Price with Cost Adjustment

Contract Duration: Three (3) Years

Primary Place of

Performance:

MDOT MTA Facilities, see Service Locations in Section 2.4

SBR Designation: No

Federal Funding: No https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf

IFB for MDOT MTA Page iv of 71

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

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

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

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

IFB for MDOT MTA Page v of 71

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

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 71

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

Appendix 3. – Officer of the Company – Signature Guidelines for Official Documents

IFB for MDOT MTA Page 1 of 71

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The bidder must demonstrate that it has a minimum of three (3) years verifiable experience to provide the removal and recycling of used oil, used oil filters, and antifreeze products similar to the size and scope specified in this IFB within the past five (5) years of the release date of this IFB.

Required Documentation: As proof of this qualification, the bidder must provide three (3) references demonstrating that it has a minimum of three (3) years verifiable experience providing the removal and recycling of used oil, used oil filters, and antifreeze products.

1.1.2 All prospective bidders shall possess for each recycling/processing facility, as applicable and provide copies with their bid the following required documentation:

a) A valid and proper Oil Transfer License and Oil Operations Permit issued by Maryland Department of the Environment ("MDE"), Waste Management Administration, as required by State law

(COMAR 26.10.01.06-.07).

b) Facility Spill Prevention Control and Countermeasure (SPCC) Plan.

c) A valid EPA 12-digit identification number for used oil tracking.

1.1.3 Bidders shall provide, with their Bid, their EPA Identification Number, Maryland Oil

Operations Permit Number, and Maryland Transporter’s License Number, as applicable.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for MDOT MTA Page 2 of 71

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Transit Administration (MTA or the "Department") 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 Maryland Transit Administration: Services of an experienced Contractor who is in the business of removing & recycling used oil, used oil filters, and antifreeze.

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 Department 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.

2.2 Background and Purpose

MDOT MTA owns and/or operates fleet maintenance facilities at numerous locations and/or divisions in the State of Maryland, primarily in and around the City of Baltimore. MDOT MTA's operations result in the generation of quantities of used oil, used oil filters, and used antifreeze.

MDOT MTA is soliciting these services for the legal, safe, and environmentally responsible recycling and/or disposal of such used oil, used oil filters, and used antifreeze in a manner that protects MDOT

MTA from liability for costs or claims related to the removal, transportation, and ultimate removing & recycling or disposal of used oil, used oil filters, and used antifreeze.

2.3 Responsibilities and Tasks

2.3.1 Recycling Services

a) The successful bidder will be required to furnish all labor, materials, and equipment necessary for the removal, transportation, and recycling of used oil, used oil filters, and used antifreeze, from

MDOT MTA facilities for a six-month period starting from the effective date of a Purchase Order or Contract. Extensions of time to the base period shall be allowed per Section 3.13.2 “No-Cost

Extensions.”

b) Collected materials shall be offered for recycling. If any material cannot be offered for recycling, the contractor must notify the MDOT MTA Contract Manager, provide justification as to why the material cannot be recycled, and obtain approval from the MDOT MTA Contract Manager to dispose of the specific waste material in compliance with MDE requirements.

c) The used oil and used antifreeze will be removed primarily from bulk storage tanks but may also involve removal from 55-gallon drums and other containers. Used oil filters will be collected in 55-gallon drums or other MDOT MTA-approved containers, to be furnished by the Contractor.

d) All vehicles used in collecting materials under this contract shall be in good repair, clean, and in compliance with COMAR 11.14.08 Motor Vehicle Administration - Motor Vehicle Inspection, and

NFPA Standard 385, "Flammable and Combustible Liquid Tank Vehicles". All drivers shall be fully licensed personnel with appropriate OSHA and DOT training. All drivers transporting Used

IFB for MDOT MTA Page 3 of 71

Oil shall possess a valid and proper State Oil Vehicle Operator's Certificate and a Commercial

Driver's License ("CDL").

e) The Contractor shall be responsible for ensuring all containers and transports are provided with the appropriate markings, labels, and placards, per DOT regulations (49 CFR 172).

f) The Contractor shall be currently operating out of established commercial facilities in compliance with local building codes. Upon request, within 24 hours of notification the Contractor shall grant

MDOT MTA access to inspect all storage and processing facilities, under their control.

g) If, at any time during the life of the awarded contract, the MDOT MTA Contract Manager determines that applicable safety measures are not being employed, the Contractor shall be stopped from working, without any liability upon MDOT MTA. The Contractor may resume work only at such time as conditions are remedied to the satisfaction of the MDOT MTA Contract Manager.

h) Upon receipt of a Letter of Intent, the Contractor shall provide MDOT MTA with contact information (name, title, address, phone, cell phone, and email) for the local operations supervisor, and provide updates if contact information changes within five (5) days.

i) Contractor shall not bid on or perform or possess any financial interest in any business entity which bids on or performs, any contract with MTA for environmental testing, analysis, or consulting services in connection with this IFB.

2.3.2 Regulations

The Contractor must ensure that the removal, transportation, recycling and/or disposal of all used oil, used oil filters, and used antifreeze is performed in full compliance with all applicable local, state, codes and federal laws and regulations, and the provisions of this Contract. This includes but is not limited to:

a) 40 CFR Section 279 (Standard for the Management of Used Oil)

b) 49 CFR Parts 172, 173 178 and 179 (Hazardous Material Transportation Regulations)

c) 40 CFR 112 (Oil Pollution Prevention)

d) 40 CFR 239-282 (RCRA Regulations)

2.3.3 Recordkeeping

a) A waste manifest, or other approved documentation will be prepared by the Contractor’s representative at the time of each pickup which will identify the following information:

1) Date and facility name at which the removal occurred.

2) Quantity (in gallons) of used oil collected from each source (tanks, drums, etc.).

3) Quantity (in gallons) of used antifreeze collected from each source (tanks, drums, etc.).

4) Quantity of used oil filters collected.

5) Tank number from which used oil or used antifreeze was removed (if applicable).

6) Results of any field testing conducted.

7) Contractor’s truck number and EPA registration number.

8) Signature of person(s) performing the removal work; and

9) Signature of MDOT MTA representative who monitored Contractor’s work.

b) A copy of the waste manifest shall be provided to the MDOT MTA representative monitoring the

Contractor’s work. A second copy must be provided to MDOT MTA along with the invoice for the work performed.

c) The Contractor must also provide monthly spreadsheets (Excel) which identify the facility name, date of service, type of material collected, and quantity of material collected for each service trip.

The monthly report will be due within 30 days of the end of each calendar month.

IFB for MDOT MTA Page 4 of 71

2.3.4 Environmental Compliance

a) In order to ensure compliance with current environmental regulations, the Contractor will provide to MDOT MTA, in writing, a plan outlining the pickup and recycling procedures. Particular attention to testing procedures at pickup and recycling sites shall be addressed. After NTP, any changes in procedures will be reported two (2) weeks in advance allowing for MDOT MTA

Contract Manager Review / Acceptance of said report.

b) The Contractor is responsible for the prompt cleanup of any and all spills while performing services under the Contract. The Contractor is to perform such cleanup and removal activities as are required, and to the satisfaction of MDOT MTA and regulatory agencies, all at no additional cost to MDOT MTA.

c) In the event of any spill or discharge of used oil, used antifreeze, or any other material being removed or transported under this Contract, it will be the responsibility of Contractor to promptly report the incident to MDOT MTA Contract Manager or designee within one (1) hour, and to authorities as required under state, local, and federal laws or regulations. MDOT MTA shall be provided copies of all regulatory reports and correspondence related to the incident, at no additional cost to MDOT MTA.

d) If at any time during the removal procedures, the Contractor experiences a human, mechanical or other error or failure which increases the possibility of damage to the environment, the Contractor must immediately suspend all operations to minimize adverse impacts to the environment. The contractor will follow the notification as stated in 2.3.4 item C above. Operations must not resume until the procedures which caused the error or failure have been corrected.

e) Immediately before the Contractor loads used oil or used antifreeze from these facilities for transportation, the MDOT MTA reserves the right to collect a sample from each tank or drum, label each sample with the date and MDOT MTA tank or drum number, and make a written record of this information for its files. Testing results should be available and submitted to the MDOT MTA within ten (10) days. Testing completed by the MDOT MTA will not relieve the Contractor of its obligation to conduct any testing to ensure the product is consistent with applicable standards.

f) All vehicles used in collecting materials under this contract shall be stocked with spill response equipment / absorbent materials of appropriate type for the material(s) being handled and in sufficient quantity to respond to a spill of at least twenty (20) gallons.

2.3.5 Used Oil

a) The Contractor shall provide all labor, equipment, and supplies to collect/remove, process, and recycle used oil. The used oil must be recycled unless advanced approval is granted by the MDOT

MTA Contract Manager.

b) Services shall also include pumping out and disposal of sludge and other possible unacceptable materials from MDOT MTA tanks when requested by MDOT MTA.

c) At the Contractor’s discretion, it shall sample and test the used oil at the time of pick-up for halogenated solvents or any other contaminants of concern. The results of such field testing shall be recorded on the waste manifest, which shall be provided to the MDOT MTA site representative prior to departing the facility. If the Contractor chooses not to test for potential contaminants, MDOT MTA will not be responsible for any claims of contamination after a pick-up begins. The

Contractor will receive no compensation for the costs associated with this sampling.

d) If used oil is determined to be non-usable by the Contractor, a sample must be submitted by the

Contractor to an independent, accredited laboratory, under proper chain-of-custody documentation for testing to determine the adulteration of the used oil. A copy of the laboratory report stating why

IFB for MDOT MTA Page 5 of 71 the used oil is unusable must be sent to the MDOT MTA Contract Manager with an invoice stating how many gallons are unusable and the charge for removal and disposal.

e) The used oil recycling facility which receives and processes the used oil collected under this contact must be identified by the Contractor. The facility must possess all regulatory required licenses, certifications, and permits. The Contractor must inform the MDOT MTA Contract Manager, in writing, of any proposed changes to the recycling center, prior to change.

f) The used oil recycling facility shall be responsible for its proper management of the process residues at no cost to MDOT MTA.

g) The recycling facility must maintain a comprehensive record keeping system, available for inspection by MDOT MTA to assure the accuracy of used oil collection, invoices, test results, quantities, inspections, etc. Upon request, the Contractor must provide MDOT MTA with copies of records inspections of the facility by EPA and/or any state or local environmental audit teams conducted over the past three (3) years.

2.3.6 Used Oil Filters

a) The Contractor shall provide all labor, equipment, and supplies to collect/remove, process, and recycle used oil filters. The used oil filters must be recycled, unless otherwise approved by the

MDOT MTA Contract Manager.

b) Filters will be uncrushed and accumulated in Contractor supplied 55-gallon drums or other MDOT

MTA-approved containers. All provided containers must be:

1) Structurally sound and chemically compatible with the material being stored.

2) Provided with lids, as appropriate.

3) In good condition, leakproof, and with no evidence of damage.

4) Clearly labeled or marked to identify the contents: "Used Oil Filters”; and

5) Constructed to UN/DOT-approved standards (UN/DOT in accordance with international agreements for shipping dangerous goods (hazardous materials) requires packaging that meet specific testing and construction standards).

c) The used oil filter acceptance facility which receives and processes the used oil filters collected under this contact must be identified by the Contractor. The facility must possess all regulatory required licenses, certifications, and permits. The Contractor must inform the MDOT MTA

Contract Manager, in writing, of any proposed changes to the acceptance facility, prior to change.

2.3.7 Used Antifreeze

a) The Contractor shall provide all labor, equipment, and supplies to collect/remove, process, and recycle used antifreeze and associated contact water. The used antifreeze must be recycled, unless otherwise approved by the MDOT MTA Contract Manager.

b) The Contractor shall dispose of antifreeze and associated contact water in accordance with all applicable state and federal regulations. This includes adherence by the transporter and destination facilities.

c) Based on generator knowledge and laboratory testing, MDOT MTA presently manages its used antifreeze as non-hazardous waste. For the purposes of this contract, the Contractor may assume that used antifreeze does not require transportation or disposal as hazardous waste.

d) If the Contractor and/or used antifreeze recycling facility intends, at their own discretion, to collect and analyzes samples of used antifreeze shipments for the presence of heavy metals or any other contaminants of concern, then a representative sample of MDOT MTA’s used antifreeze must be collected from the tank / drum at the time of pick-up. The pre-pickup sample shall be collected by

IFB for MDOT MTA Page 6 of 71 the Contractor, placed in a Contractor supplied container, labeled with the date and tank / drum number, and provided to the MDOT MTA representative overseeing the waste pickup. The pre-pickup sample must be collected prior to MDOT MTA’s waste being mixed with or encountering any other wastes or with Contractor recovery equipment.

e) If, through sampling, the Contractor and/or used antifreeze recycling facility determines used antifreeze is deemed to be non-usable or a hazardous waste, the pre-pickup sample shall be submitted by the Contractor to an independent, NVLAP accredited laboratory, under proper chain-of-custody documentation for testing to verify that MDOT MTA is the source of the contaminants.

If, and only if, MDOT MTA is the source of the contaminants, the Contractor will be reimbursed for the cost of the laboratory analysis. A copy of the independent laboratory report must be sent to the MDOT MTA Contract Manager with an invoice stating how many gallons are unusable and the charge for proper disposal.

f) If the Contractor chooses not to test for potential contaminants and/or fails to collect and provide

MDOT MTA with a pre-pickup sample, MDOT MTA will not be responsible for any claims of contamination. Neither the Contractor nor the used antifreeze recycling/disposal facility will receive compensation for the costs associated with sampling conducted at their own discretion.

g) The used antifreeze recycling facility which receives and processes the used antifreeze collected under this contact must be identified by the Contractor. The facility must possess all regulatory required licenses, certifications, and permits. The Contractor must inform the MDOT MTA

Contract Manager, in writing, of any proposed changes to the recycling center, prior to change.

h) The used antifreeze recycling facility shall be responsible for its proper management of the process residues at no cost to MDOT MTA.

2.4 Service Locations and Quantities

2.4.1 General

a) The location and description of MDOT MTA facilities for which the services under this contract will be performed includes, but may not be limited, to those provided below.

b) MDOT MTA reserves the right to add or remove locations included under this contract.

c) Within five (5) calendar days of NTP, the Contractor must develop and submit a service schedule to the MDOT MTA Contract Manager or Designee that is mutually satisfactory to both parties.

The Contractor shall not commence work until the schedule is approved in writing from the MDOT

MTA.

d) Ensure that all pickups and service calls must be made during regular business hours: Monday –

Friday from 7:00 a.m. - 3:00 p.m.

e) The Contractor must remove used oil, used antifreeze, and used oil filters twice per month at each location listed below. Additional facilities are listed in the table in Section 2.4.2 with removal required at lesser intervals.

1) Washington Blvd. Bus Maintenance Facility

2) Eastern Bus Maintenance Facility

3) Kirk Bus Maintenance Facility

4) Northwest Bus Maintenance Facility

2.4.2 On-Call Services at Various Locations

a) The Contractor must provide “On-Call” services to remove used oil, used oil filters, and used antifreeze on an as-needed basis from listed or various other facilities.

IFB for MDOT MTA Page 7 of 71

b) The Contractor must be required to respond within five (5) working days of notification to the specified facility(s). Each pick-up must be made during regular business hours (Monday - Friday, 7:00 a.m. - 3:00 p.m.).

c) Emergency Services – Should the need arise, MDOT MTA may request emergency on-site used oil or antifreeze removal services. The Contractor must provide used oil or antifreeze removal capabilities within four (4) hours of notification, to any of the various facilities identified herein.

If MDOT MTA agrees at the time it makes the request, such pick-up may be required outside of normal business hours.

MDOT MTA Facilities and Used Oil / Used Antifreeze Storage Tanks

Facility Address Used Oil

ASTs

Used Antifreeze

ASTs

Eastern Bus Maintenance Facility 201 Oldham Street

Baltimore MD, 21224

– 1,000-gal.

– 1,000-gal.

– 1,000-gal.

Kirk (Phase 1) Bus Maintenance

Facility

2301 Kirk Avenue

Baltimore, MD 21218

– 1,000-gal. – 2,000-gal.

Northwest Bus Maintenance Facility 4401 Mount Hope Dr.

Baltimore, MD 21215

– 500-gal.

– 1,000-gal.

– 1,500-gal.

– 500 gal.

– 2,000-gal.

Washington Blvd. Bus Maintenance

Facility

1515 Washington Blvd.

Baltimore, MD 21230

– 500-gal.

– 1,000-gal.

– 1,000-gal.

– 1,000-gal.

– 280-gal.

– 500-gal.

– 500-gal.

Cromwell Light Rail Maintenance

Facility

7390 Baltimore-Annapolis

Blvd, Glen Burnie, MD 21061

– 400-gal.

– 400-gal.

North Ave. Light Rail Maintenance

Facility

344 W. North Ave.

Baltimore, MD 21217

– 280-gal.

Old Court Metro Maintenance Facility 4380 Old Court Rd.

Pikeville, MD 21208

– 280-gal. -55-gal. (drum)

Wabash Metro Maintenance Facility 5801 Wabash Ave.

Baltimore, MD 21215

Martins MARC Maintenance Facility 2700 Eastern Blvd, Middle

River, MD 21220

– 120-gal.

Riverside MARC Maintenance Facility 1800 Ludlow St.

Baltimore, MD 21230

– 8,000-gal.

– 1,000-gal.

– 170-gal.

2.4.3 Estimated Quantities

a) This is an "as-required" Contract. The dollar amount authorized is the maximum dollar amount allowed under this Contract as shown on the Bid Form but is not a guaranteed amount. This maximum amount is a funding limitation and cannot be exceeded without prior written approval from MDOT MTA. Actual requirements may be less than authorized. The estimated quantities of materials to be disposed of/recycled under this Contract are provided on the Bid Form. The

Contractor is obligated, during the Contract period, to recycle/dispose variable quantities at the unit rate provided. Removal amounts associated with this contract may differ from this amount, and MDOT MTA makes no representation regarding the actual volume to be removed under this

Contract. No quantity limitations are implied.

IFB for MDOT MTA Page 8 of 71

b) Payments under this agreement shall be based on actual volume removed from MTA property.

IFB for MDOT MTA Page 9 of 71

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 30 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.

3.3 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 Hugo S. Lam at e-mail address: HLam1@MDOT.Maryland.gov.

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

c) 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;

2) Remittance address;

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

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) Date and location each service was provided;

10) Quantity of used oil or used antifreeze removed and tank number for the tank from which the material was removed;

11) Quantity of used oil filters removed;

12) One copy of every work order for the actual invoice period;

mailto:HLam1@MDOT.Maryland.gov

IFB for MDOT MTA Page 10 of 71

13) Vouchers from the disposal site indicating date, quantity and nature of the material (used oil, oil filters, used antifreeze) which the recycling/disposal site received from the

Contractor which originated at the MDOT MTA facilities;

14) Amount due; and

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

d) The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the Department 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.

e) Any action on the part of the Department, 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.

f) 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.

g) 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 must submit invoices by the 15th day of the month following the month in which services were performed.

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.

IFB for MDOT MTA Page 11 of 71

3.4 Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 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:

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

a) Commercial General Liability - Liability coverage shall be at least as broad as Insurance

Services Office Form CG 00 01. No modifications or endorsements are allowed that would reduce, limit, restrict, or exclude coverage under the standard unmodified ISO CGL policy coverages. Coverage shall be written on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

b) Worker’s Compensation - The Contractor shall maintain such insurance meeting the statutory requirements of the jurisdiction where the work will be performed, including Employer’s

Liability coverage with minimum limits of $1,000,000 each accident for bodily injury or disease.

Where and when applicable, Longshore and Harbor Workers’ Compensation Act, (work performed on or over navigable waterways) to cover contractor’s employees for wages, transportation, maintenance and cure, in accordance with applicable laws. Maritime Coverage

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

c) Automobile or Commercial Truck Insurance - Contractor shall maintain Automobile Liability

Insurance with limits no less than $1,000,000 per occurrence covering contractor or third party against claims for bodily injury and property damage arising out of the ownership, maintenance, or used of any owned, hired, or non-owned motor vehicle.

d) Excess/Umbrella Liability Insurance – If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this agreement, then said policies shall be on a true

“following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including, but not limited to, the additional insured, contractual liability & “insured contract” definition for indemnity, occurrence, no limitation of prior work coverage, and primary & non-contributory insurance requirements stated therein. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

e) Professional Liability Insurance, in an amount not less than $1,000,000 per claim and $3,000,000 in the annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret) and network and privacy

IFB for MDOT MTA Page 12 of 71 risks (including coverage for unauthorized access, failure of security, breach of privacy perils, wrongful disclosure of information, as well as notification costs and regulatory defense) in the performance of services for or on behalf of hereunder. Such insurance shall be maintained in force at all times during the term of the agreement and for a period of 3 years thereafter for services completed during the term of the agreement. shall be given at least 30 days’ notice of the cancellation or expiration of the aforementioned insurance for any reason.

f) Professional Liability Insurance, in an amount not less than $1,000,000 per claim and $3,000,000 in the annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret) and network and privacy risks (including coverage for unauthorized access, failure of security, breach of privacy perils, wrongful disclosure of information, as well as notification costs and regulatory defense) in the performance of services for or on behalf of hereunder. Such insurance shall be maintained in force at all times during the term of the agreement and for a period of 3 years thereafter for services completed during the term of the agreement. shall be given at least 30 days’ notice of the cancellation or expiration of the aforementioned insurance for any reason.

g) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed

$10,000. The State of Maryland and the MTA should be added as a “loss payee.”

3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella and excess policies, excluding Workers’

Compensation Insurance and Professional Liability.

3.6.3 Additional Insured Status - The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the coverages listed above, including umbrella and excess policies, excluding Workers Compensation and Professional with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance ((at least as broad as ISO

Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG

20 33, or CG 20 38; and CG 20 37 if a later edition is used).

3.6.4 Primary Coverage - For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies but excludes Professional Liability.

3.6.5 Waiver of Subrogation - Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

3.6.6 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

3.6.7 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

IFB for MDOT MTA Page 13 of 71 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.

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

3.6.9 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.

3.6.10 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.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 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.

3.7.2 On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor

Personnel will again present the inventory list and the tools or equipment for inspection.

Upon both entering the site and leaving the site, State staff or a correctional or police

IFB for MDOT MTA Page 14 of 71 officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the

Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.8 Problem Escalation Procedure

3.8.1 The Contractor must provide and 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.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor shall provide the PEP 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 PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

c) 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;

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

e) The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

f) Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

g) A process for updating and notifying the Contract Monitor of any changes to the PEP.

3.8.4 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.

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

IFB for MDOT MTA Page 15 of 71

3.10 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.13 Additional Clauses

3.13.1 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…