IFB_OPS-24-051-MTB_Bus_Shelter_Repair_and_Maintenance.pdf

Bus Shelter Repair and Maintenance

Solicitation #: OPS-24-051-MTB IFB Document

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STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION

(MTA)

INVITATION FOR BIDS (IFB)

BUS SHELTER REPAIR AND MAINTENANCE

IFB NUMBER OPS-24-051-MTB

ISSUE DATE: OCTOBER 16, 2025

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

IFB Document

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance - Bus Shelter Repair and Maintenance

Solicitation

Number:

OPS-24-051-MTB

IFB Issue Date: October 16, 2025

IFB Issuing

Office:

Maryland Transit Administration (MTA or the "Administration")

Procurement

Officer:

Cassandra Gilbert

6 Saint Paul Street, 7th Floor

Baltimore, MD 21202

Email:

Phone Number:

CGilbert@mdot.maryland.gov

410-767-3576

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number OPS-24-051-

MTB

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

October 22, 2025 at 10:30 AM Local Time, via Microsoft

Teams See Section 4.3 for additional details.

See Attachment 2 to RSVP by October 14, 2025 at 2 PM.

Scheduled Site

Visit N/A

Questions Due

Date and Time:

October 27, 2025 at 4 PM Local Time

Bid Due (Closing)

Date and Time:

December 3, 2025 at 1 PM Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form).

IFB Document

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MBE

Subcontracting

Goal:

10%

VSBE

Subcontracting

Goal:

N/A

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Fixed Price

Contract

Duration:

Five Years, without Optional Renewal

Primary Place of

Performance:

Throughout Baltimore and surrounding areas

SBR Designation: No

Federal Funding: No

IFB Document

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities ......................................... Error! Bookmark not defined.

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing ................................................... Error! Bookmark not defined.

3.3.3 Labor Hour/Time and Materials Invoicing ................... Error! Bookmark not defined.

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document with its Bid that meets or exceeds the

Minimum Qualifications as listed below:

• The successful Bidder shall have a business with ten (10) years’ experiences in performing maintenance, repairs, and installation work on various types of Bus Shelters, including but not limited to: Aluminum/Metal Frame Barrel; Cantilever; Cantilever-

Narrow; Columbian Square; Columbian Old-Style Shelters; and various types of shelters, or shelter related items.

Due to the demanding nature of this contract and the overall volume of shelters, the firm must have acted in a Prime vendor capacity. No subcontracting references will be accepted.

As proof of these requirements, the bidder must submit with its bid three complete references, that are not affiliated with the bidder or each other. Any undesirable comments or reports such as tardiness, unnecessary damage to property or misconduct will be eliminated from the bidding process.

• The bidder shall provide employees with five (5) years’ experience, trained in shelter maintenance, repairs, and installation specified in this Contract.

As proof of meeting this requirement, the bidder shall submit with its bid resumes of all employees that are anticipated to work under this Contract.

Any bid received from a single individual, without a company and/or a crew that can facilitate the demand and volume will automatically be disqualified as non responsible.

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 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): or the purposes of maintaining, repairing, and installing various types of Bus Shelters, throughout the Baltimore metropolitan.

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.

2.1.2 This is single award IFB. For more information see IFB Section 4.21

Bid Evaluation Criteria and Award Basis for more Contract award information.

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

Contract.

2.2 Background and Purpose

The Maryland Transit Administration (MTA) is issuing this solicitation for the purposes of maintaining, repairing, and installing various types of Bus Shelters, throughout the Baltimore metropolitan area and surrounding counties as described below:

• Aluminum and/or Steel frame shelters that include three (3) side enclosures with a roof.

The enclosure is made up of plexiglass panels.

• Barrel roof type shelters made up of steel frame and ¼” safety glass for the roof and walls. These types are mostly three sided.

• Some shelters have a seating bench located inside the shelter.

These Bus Shelters are located along bus routes, at high passenger volume transit stops. The ultimate function is to provide a place for the passengers to stand or sit while waiting for the buses, as well as to provide transit passengers a safe enclosure from inclement weather.

These Bus Shelters need to be maintained and repaired on a regular basis for the following reasons:

• To provide a safe and clean area for transit passengers wait for the transit service.

• These outdoor shelters are subject to the elements, inclement weather, vandalism, and occasional vehicle collision.

2.2.1 Specification Requirements

The Contractor shall provide on call services to repair the various types of bus shelters (all locations are specified in Exhibit 3). As requested by the MTA Project Manager, or Designee, the

Contractor shall provide services that include, but are not limited to, the following:

• Fix or replace bus shelter bench

• Fix or replace map case and map

• Replace glass window(s)/Panel(s)

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• Replace AD display case

• Replace AD display window

• Remove Graffiti from glass panel

• Fix or replace bus shelter trash can

• Repair or replace sections of the shelter frame

• Repair or install a new bus shelter

• Bus shelter relocation – removal and installation

• Paint shelters due to removal of graffiti

• Sand and paint shelter – routine maintenance

• Remove stickers and sticker glue or residue

• Clean up broken glass around the shelters

• Retrieving supplies from Franklintown Warehouse

• Inspect shelters – providing a written report of findings that is submitted to the MTA

Project Manager, or Designee

• Repair or replace bolts

• Repair holes shelter

• Roof repair, maintenance and replacement

• Make special deliveries (per MTA operations support Director)

• Remove and Spray Bees nests

• Caulk Panels on Roof if leaking or replace screws if needed

• Repair shelter from car/vehicle related damage

The Contractor shall respond to any service call from the Project Manager, or Designee within one (1) hour from the time of notification. The responding crew size shall consist of no more than one (1) supervisor, one (1) lead worker, and one (1) laborer per service request.

Under this contract, the majority of work will occur during normal business hours which are from

7 am to 4 pm Monday through Friday; however, the Contractor shall respond to occasional emergency calls, related to safety concerns or hazardous conditions outside of normal business hours. This includes holidays and weekends.

2.3 Contractor Responsibilities and Tasks

2.3.1 Contractor Responsibilities

• The Contractor shall supply all material required to repair and maintain each shelter, unless otherwise agreed to in advance by the project managers or approved designee.

• The Contractor shall provide daily reliable transportation, capable of transporting employees, equipment and supplies to all locations.

• The Contractor shall safely remove and properly dispose of all discarded material.

• The Contractor shall submit invoices for time and materials. The invoices shall include a breakdown of the time spent at each location (hours and minutes) for requested tasks and include the cost of materials.

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• The Contractor shall secure all sites, in a safe manner, until work can be completed if the time to complete the project exceeds one shift/day. This includes the occasional temporary removal of a shelter until all necessary supplies and equipment have been obtained for it to be safely reinstalled.

• The Contractor shall take photos before and after each project, in order to provide verification of the work and duties that were completed. Photos shall be included with each invoice. At least one photo must contain the shelter number, located in the top right corner of each shelter, in order to validate the location of service.

2.3.2 Staffing:

• Laborer: this position shall complete the physical labor on constructions sites. These duties include: preparing and cleaning the sites; unloading and reloading materials; and removing hazards. The laborer shall also run equipment on an as needed basis.

• Lead Worker: this position shall be facilitated by a skilled tradesperson who oversees the construction crew. The Lead Worker shall supervise and coordinate the work of the crew for a specific job or craft. The Lead Worker is responsible for quality assurance, training and ensuring timely completion of duties.

• Supervisor: this position shall be considered first line management. The Supervisor shall monitor and regulate employee performance while completing assigned and/or delegated tasks. The Supervisor is responsible for disciplinary action, reward, promotion recommendations and other associated activities regarding the employees in the

Supervisors respective department.

2.4 Working Conditions

The Contractor’s actions shall not interfere with MTA Operations or the movement of any transit vehicles. The MTA employees and Contractors are prohibited from using cell phones on MTA

Property, unless in designated and approved areas. The MTA has a zero tolerance policy related to cell phone use outside of approved areas. Any individual employed by the Contractor found in violation of MTA’s cell phone Policy, may be removed from the work site or MTA property at the sole discretion of the MTA Project Manager or Approved Designee.

The Contractor’s employees must wear uniforms that clearly identify the name of the employer/company. Name tags that clearly identify the employee shall be worn on all MTA job sites.

The Contractor’s employees shall also wear appropriate/safe footwear, safety gear and all other

Personal Protective Equipment (PPE). The required PPE may include, but is not limited to: a safety vest, hard hat and steel toed boots. All PPE must meet the appropriate ANSI standard. A Class II

ANSI safety vest (or apparel) is MTA’s minimum requirement.

2.5 Contract Locations

A comprehensive list of shelter locations is included in “Exhibit 3. Shelter Locations”. The list is comprised of the 573 bus shelters that are currently in service. During the contract period, bus shelters may be added or deleted at the sole discretion of the MTA. Currently, the MTA anticipates increasing the total number of shelters to 650, with the additional shelters being added to the contract as they are completed and installed. The additional shelters shall be located in the Baltimore area and surrounding counties. The Project Manager or approved designee will provide a list of shelters and

IFB for Maryland Transit Administration Page 10 of 34 locations at the beginning of the contract period, with additions and deletions occurring on an as-needed-basis. The Contractor will be notified of these adjustments 7 days in advance of the change.

2.6 Suitable Personnel

At sole discretion of the MTA, the contractor will immediately remove any person from the site that is considered by the Project Manager as unsuitable.

Under this contract, any personnel that the MTA Project Manager (or approved Designee) identifies as unsuitable may not be utilized at any MTA location.

Actions that may lead to personnel being deemed unsuitable include, but are not limited to the following violations: safety policies, cell phone policy, disruptive actions, theft, dishonesty, or refusal/failure to work while on the clock.

2.7 Safety Data Sheets:

No chemicals (degreasers, detergents, aerosols, solvents, etc.) may be used on MTA Properties without the prior approval of the MTA Project Manager or approved Designee. The contractor shall submit Safety Data Sheets (SDS) to the MTA Project Manager or approved Designee for any chemicals intended to be used on MTA Properties.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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.

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Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Requirements

Invoices shall include all of the Contractor’s crew members, including: foreman/crew leader, skilled laborer, and unskilled laborer hours. Each invoice shall identify the designated Project Manager.

Each invoice shall include the Contract Number and shall be addressed to the MTA project Manager or approved designee responsible for approval. Invoices shall also include a summary of all work performed, whether scheduled or unscheduled, and identify each shelter/unit serviced, with a legible copy of each service report signed by the MTA Project Manager or approved designee.

Photos shall be included with each invoice. Photos must clearly identify the shelter by including the shelter number, located at the top right corner of each shelter, in at least one photo for each shelter.

The Contractor shall e-mail the original invoice, along with photos or any other supporting documents, and signed authorization to the Project Manager and Accounts Payable at the following e-mail addresses:

mtaaccountspayable@mdot.maryland.gov (MTA Accounts Payable) jcashdollar@mdot.maryland.gov (James Cashdollar)

All invoices for service shall be verified by the Contractor at the time of submission to ensure completeness and accuracy.

Payment will not be approved for any service unless the submission includes: a signed maintenance report/work order verifying satisfactory completion of tasks, along with before and after photos.

All invoices for services shall be verified by the Contractor prior to submission. An invoice not satisfying the requirements of a “Proper Invoice” (as identified in COMAR 21.06.09) cannot be processed for payment. To be considered a “Proper Invoice”, invoices must include the following information, without error:

• Contractor name and address

• Remittance address

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

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

• Invoice date

• Invoice number

• State assigned contract number

• Good or services provided

• Amount due

• Any additional documentation required by regulation or the contract

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3.3 Penalty

mailto:mtaaccountspayable@mdot.maryland.gov mailto:jcashdollar@mdot.maryland.gov

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Should the Contractor fail to provide service within the agreed upon service time, the MTA reserves the right to apply a penalty fee for each lost hour. The amount shall be equal to the loaded hourly rate for each crew member and shall not exceed eight (8) hours per day.

Penalties may be applied every day, including weekends and holidays, until the proper service has been completed.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

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

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10)

Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the

State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

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Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

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3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

The coverage shall include:

[X] Personal and Advertising Injury coverage, [X] Products and Completed Operations coverage, [X] Independent Contractors coverage, [X] Terrorism coverage, [ ] XCU coverage (explosion, collapse, and underground hazards)

[X] Delete Contractual Liability exclusion (applicable to work to be performed within 50 feet of railroad tracks) must be removed.

[X] Additional Insured Endorsement naming MTA.

[X] Waiver of subrogation rights in favor of MTA

[ ] In addition to procuring and maintaining this insurance during the duration of the contract, the Contractor shall continue to procure and maintain products and completed operations liability insurance coverage through (a) the applicable statute of https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Maryland Transit Administration Page 16 of 34 repose period or (b) 10 years, whichever period is longer.

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

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

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

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

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

[ ] Railroad Protective Liability Insurance (hereinafter “RRPL”) issued to MTA as the Named Insured with minimum limits of $2,000,000 per occurrence, $6,000,000 in the aggregate and covering the liability of all Permitted Parties or The Contractor.

Coverage is for work to be performed within fifty (50) feet (on, above, adjacent to or underneath) of MTA’s railroad property for any personal injuries or deaths or any damage to the property, equipment and facilities caused by the activities of any

Permitted Party or The Contractor resulting from performance of the work which is the subject of this Permit / Contract.

This insurance is available through MTA with a separate application through MTA’s

Blanket Rail Road Protective Liability Insurance Program. This program is not an

Owner Controlled Insurance Program coverage. If the Contractor chooses to purchase this insurance through the standard insurance market, a copy of the original policy must be forwarded to MTA for review prior to construction.

[ ] Professional Liability (Errors and Omissions) Insurance appropriate to the

Consultant’s profession with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate to cover liability resulting from any error or omission in the performance of professional services under this contract. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work.

[ ] Contractor’s Pollution Liability Insurance with minimum limits of $5,000,000 per occurrence for work involving environmentally regulated substances or hazardous material exposures, including but not limited to handling, transporting or disposing of any hazardous substances and/or environmentally regulated materials and any sudden and/or non-sudden pollution or impairment of the environment, IFB for Maryland Transit Administration Page 17 of 34 including cleanup costs and defense. This insurance may be supplied by the subcontractor performing the work if the Contractor is not performing any of the relevant work and providing that MTA and the Contractor are named as additional insureds on the subcontractor’s policy. In the event the Contractor or its subcontractor transports hazardous substances or any other environmentally regulated substance that requires a governmentally regulated manifest, the MCS-90 Endorsements shall be attached to the Contractor’s (or subcontractor’s) auto liability policy.

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

Administration as a name insured as their interest may appear.

[ ] Pollution Legal Liability Insurance (Non-Owned Disposal Site Coverage) with minimum limits of $5,000,000 per occurrence. Coverage may be maintained in one of the following ways:

• A standalone policy

• Non-Owned Disposal Site Endorsement on Contractor’s Pollution Liability policy naming MTA as an additional insured; or

• Contractor may designate the disposal site and provide a COI from the disposal facility naming Contractor and MTA as additional insureds.

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

[ ] Inland Marine Insurance with minimum limits to cover full property values of property in transit for the purposes of the MTA Metro Rail Car Purchase Agreement and

Maintenance and Installation of ATC Systems. This insurance shall be all risk coverage written on replacement basis to remain in force until such time MTA accepts railcar purchase as final and ATC project is fully complete. Coverage is to include property in transit and property in the custody of Contractor/Vendor.

1. Insurance Company Qualifications

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

i. Acceptable to the MTA

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

2. Policy Requirements

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

10 days of notification of proposed contract award an accurate and true Certificates of

Insurance that show that:

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

C. The Maryland Department of Transportation, the State of Maryland and the MTA has been named as an additional insured

IFB for Maryland Transit Administration Page 18 of 34

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

E. The Contractor shall require that any subcontractors providing services under this

Contract obtain and maintain similar levels of insurance and shall provide the Contract

Monitor with the same documentation as is required of the Contractor.

3.13.1 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

THE REMAINDER OF THIS PAGE IS INTENTIONNALY LEFT BLANK.

IFB for Maryland Transit Administration Page 19 of 34

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the

Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for Maryland Transit Administration Page 20 of 34

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary

Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

IFB for Maryland Transit Administration Page 21 of 34

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this

IFB issued before the Bid due date.

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the

Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md. Code Ann., State

Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a

Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

4.12.1 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.

IFB for Maryland Transit Administration Page 22 of 34

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or

VSBE participation goal(s) for this solicitation shall be identified using

Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix to this IFB (see “Appendix 4 - MBE Participation Goal” and “Exhibit 3 -

VSBE Participation Goal”).

4.12.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 –

Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the

“Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the

Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the

Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

https://egov.maryland.gov/BusinessExpress/

IFB for Maryland Transit Administration Page 23 of 34

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.16 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact;or

C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the

Public Information Act, Md. Code Ann., General Provisions Article,…