Large_Valve_Vault_Replacement_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/wsscwater

Washington Suburban Sanitary Commission, MD

107595

LARGE VALVE VAULT REPLACEMENT

RELEASE DATE: June 22, 2026

RESPONSE DEADLINE: July 22, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

#107595

Title: Large Valve Vault Replacement

Table Of Contents

1. INTRODUCTION

2. CONTRACTOR QUALIFICATIONS

3. INSTRUCTIONS TO BIDDERS/OFFERORS

4. ADDITIONAL INSTRUCTIONS TO BIDDERS

5. GENERAL CONDITIONS - CONSTRUCTION

6. SPECIAL CONDITIONS

7. INSURANCE REQUIREMENTS

8. BONDS REQUIREMENTS

9. SCOPE OF WORK

10. MINORITY BUSINESS ENTERPRISE (MBE) AND SMALL LOCAL BUSINESS

ENTERPRISE (SLBE) PROGRAMS

11. PRICING PROPOSAL

12. VENDOR QUESTIONNAIRE

13. ATTACHMENTS

Attachments:

A - Solicitation Information

B - Special Provision

C - Standard Specifications

D - Attachments

E - Plans

F - As-Built

G - Geotechnical Report

H - Special Conditions

I - Cathodic Protection Design Report

J - Corrosion Form

K - Corrosion Survey Checklist

L - Photo Portfolio

M - Test Pit Report

1. INTRODUCTION

1.1. Summary

The Washington Suburban Sanitary Commission, MD (the "WSSC"), is soliciting sealed responses for Large

Valve Vault Replacement. Responses are to be submitted via WSSC's eProcurement Portal via https://procurement.opengov.com/portal/wsscwater PRIOR TO 2:00 pm on Wednesday, July 22, 2026. Late responses will not be accepted.

This project entails replacement of approximately 87 feet of 30-inch water main, 48 feet 72-inch water main, and one (1) 30” Valve and Vault in the Silver Spring area of Montgomery County, Maryland.

1.2. Timeline

Release Project Date: June 22, 2026

Question Submission Deadline: July 8, 2026, 2:00pm

Response Submission Deadline: July 22, 2026, 2:00pm

2. CONTRACTOR QUALIFICATIONS

2.1. IFB - LARGE DIAMETER (16" & > DIAMETER)

The contractor shall be regularly engaged in the construction of water and sewer pipelines and demonstrate successful experience in the installation of large diameter water main. The Contractor shall have installed a minimum of 3 miles of transmission main 16 in diameter or greater. The Contractor shall also demonstrate experience installing at least 10 miles of water main for a water authority, commission or municipality over the past 5 years. The project manager and/or foreman shall have at least three (3) years’ experience installing utilities including water main 16 in diameter or greater. The contractor shall have experience managing multiple sub-contractors on at least 10 individual projects and have been responsible for the preparation of contractor submittals, schedules, and quality control of the pipeline work on the project.

2.2. EXHIBIT A - PROJECT EXPERIENCE SUMMARY

With the bid, submit “Exhibit A – Project Experience Summary” and all supportive documents necessary to demonstrate compliance with the minimum qualifications listed herein. Such documentation includes but is not limited to a copy of the plan sheet or other summary from the original contract documents showing the footage

(not the entire contract) or a letter from the owner confirming amount of pipe installed for each diameter applicable to this project. Provide an explanation if a project was not or will not be completed within time or budget. Ongoing projects used to demonstrate experience shall be at least 50% complete.

2.3. MINIMUM PIPELINE CONSTRUCTION

The Contractor shall demonstrate successful experience in the installation of large diameter water main. Also see specifications 02510 for qualifications associated with water main construction. Requirements for minimum qualifications and Bid submittal are as follows:

A. The Contractor shall have installed, using their own crews, a minimum of three (3) miles of transmission main 16 in diameter or greater.

B. The Contractor shall demonstrate experience installing at least 10 miles of water main for a water authority, commission or municipality over the past five (5) years.

C. The contractor shall have experience in at least 10 individual projects where they were responsible for:

managing multiple sub-contractors, preparation of contractor submittals, preparation and updates to project schedules, and project quality control. Projects where the contractor certifies that they have performed these functions shall be indicated as “Y” or “Yes” in the summary table under the column

“Responsible Supervision”.

2.4. MINIMUM SAFETY

The Contractor shall have a safety plan and provide evidence of an OSHA Total Recordable Incident Rate

(TRIR) of less than 2.67 for each of the last three (3) years. Include copies of OSHA Form 300A to support calculation of the TRIR. Calculate the IR using the following formula:

TRIR= N*200,000/EH (where N=number of incidents for the year from OSHA form 300 or 300A, EH= number of hours worked by all employees for the year and 200,000 represents the base for 100 equivalent full-time workers for one (1) year working 40hrs/week for 50 weeks).

Prime Contractors with a TRIR higher than the 2.67 threshold shall commit to furnishing a dedicated full-time safety professional, consistent with USACE EM 385-1-1 criteria or equal.

2.5. MINIMUM KEY PERSONNEL

The Contractor shall demonstrate that key personnel have successful experience in the installation of large diameter water mains.

A. The project manager and/or foreman shall have at least three (3) years’ experience installing utilities including water main of similar or greater diameter than that included in this project.

B. If applicable to the project, the Contractor shall identify key staff personnel to perform the electrical/mechanical work on this project. The Electrical/Mechanical foremen shall have a minimum of three (3) years supervisory experience. All electrical work shall be performed under the supervision of a

Master Electrician with at least ten (10) years of relevant experience. Personnel performing the work shall at least be at the level of a Journeyman with at least five (5) years relevant experience as a full-time

Journeyman electrician.

C. If applicable to the project, the Contractor shall demonstrate at least five (5) years of experience in the construction and start-up of remote terminal units.

D. Submit with the Bid the resume of the Key personnel including copy(ies) of all certifications/licenses held by this individual. Resume shall include, at a minimum, past employers for the past five (5) years, five (5) similar projects in the last three (3) years with references, and names and telephone numbers of contact persons.

E. Any change in Field Supervisory staff shall require a resume to be submitted and approved in writing by the WSSC prior to change

2.6. MINIMUM TRAFFIC CONTROL

Also see Specifications Section 01500. Bidder and/or their subcontractor(s) shall be responsible for traffic control work and shall demonstrate in the Bid the minimum qualifications to perform such. Requirements for minimum qualifications and Bid submittal are as follows:

A. Bidder and/or their subcontractor(s) must utilize in the contract at least one field individual as a Flagger and one field individual as a Traffic Manager, both certified by the State of Maryland (the ATSSA –

American Traffic Safety Services Association - Certification is recognized by SHA and accepted by

WSSC to fulfil the requirement for Flagger).

B. Submit with the Bid the names of these individuals on company letterhead and a copy of each certification.

2.7. MINIMUM EROSION AND SEDIMENT CONTROL

Also see Specifications Section 01570. Bidder and/or their subcontractor(s) shall be responsible for erosion and sediment control work and shall demonstrate in their Bid the minimum qualifications to perform such.

Requirements for minimum qualifications and Bid submittal are as follows:

A. Bidder and/or their subcontractor(s) must utilize in the contract at least one supervisory field individual with a State of Maryland Erosion and Sediment Control Training and Certification.

B. Submit with the Bid the name and title of this individual on company letterhead and a copy of this certification.

2.8. MINIMUM PLUMBING

Also see Specifications Section 02510. Bidder and/or their subcontractor(s) shall be responsible for pressure tapping cast iron, ductile iron and polyvinyl chloride water pipes and shall demonstrate in their Bid the minimum qualifications to perform such. Requirements for minimum qualifications and Bid submittal are as follows:

A. Bidder and/or their subcontractor(s) must utilize in the contract at least one field individual with a

Tapping Certification and a field supervisor experienced in the performance of this work. Installer must have at least three (3) projects in the last three (3) years of similar size and type that they worked on.

Field supervisor must have a minimum of three (3) years in the performance of this work.

B. Submit with the Bid the resumes of the Installer and Field Supervisor and copy(ies) of the certification(s).

C. Resumes shall include, at a minimum, past employers for the past five (5) years, three (3) similar projects in the last three (3) years with references, and names and telephone numbers of contact persons.

D. Any change in Installer and Field Supervisor shall require a resume to be submitted and approved in writing by WSSC prior to change.

2.9. MINIMUM CHLORINATION AND DE-CHLORINATION

Also see Specifications Section 02511. Bidder and/or their subcontractor(s) shall be responsible for chlorination and de-chlorination of water pipes and shall demonstrate in their Bid the minimum qualifications to perform such. Requirements for minimum qualifications for chlorination and de-chlorination are as follows:

A. Bidder and/or their subcontractor(s) must utilize in the contract at least one Field Supervisor with three

(3) years of experience in chlorination and de-chlorination of pressurized water pipes using pressurized liquid chlorine as described in AWWA B301 or method described in AWWA C651.

B. Submit with the Bid the resume of the Field Supervisor and copy(ies) of all certifications/licenses held by this individual.

C. Resume shall include, at a minimum, past employers for the past five (5) years, five (5) similar projects in the last three (3) years with references, and names and telephone numbers of contact persons.

D. Any change in Field Supervisor shall require a resume to be submitted and approved in writing by the

WSSC prior to change.

3. INSTRUCTIONS TO BIDDERS/OFFERORS

3.1. COMPLIANCE WITH COMMISSION PROCUREMENT REGULATIONS

The Commission's Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15, are incorporated into this Solicitation and made a part of this Solicitation by reference. The Procurement

Regulations can be viewed online at https://wssc.district.codes/Code/6.15.

3.2. DEFINITIONS

Whenever the following words occur in these Instructions to Bidders/Offerors, they shall have the following meanings.

A. "Bidder" means any person submitting a bid in response to an invitation for bids ("IFB") or a request for quotations ("RFQ").

B. "Contract Documents" means all documents that are included, attached, or referenced in a Solicitation.

C. "Invitation for bids" ("IFB") means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

D. "Invitation for prequalification" ("IFP") means all documents, whether attached or incorporated by reference, utilized for prequalifying potential bidders.

E. "Offeror" means any person submitting a proposal to a request for proposals ("RFP") or invitation for prequalification ("IFP").

F. "Request for proposals" ("RFP") means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

G. "Responsible" means a person who has the capability in all respects to perform fully the requirements stated in the invitation for bids and request for proposals, respectively, and the integrity and reliability that will assure good faith performance.

H. "Responsive" means a person who has submitted a bid or a proposal that fully conforms to the invitation for bids or request for proposals.

I. "Solicitation" means an invitation for bids, a request for proposals, a request for quotations, an invitation for pre-qualification, or any other document issued by WSSC for the purpose of soliciting bids or proposals to perform a WSSC contract.

https://wssc.district.codes/Code/6.15

3.3. WSSC’S SUPPLIER PORTAL SYSTEM

Bidders/Offerors are required to register in WSSC's Supplier Portal System in accordance with WSSC Code of

Regulations, Title 6, Chapter 6.25, at the time of bid opening or proposal submission due dates. Failure to have an active supplier profile prior to this time may render the bid or proposal non-responsive. Information regarding the Supplier Portal System can be found online at https://wssc.district.codes/Code/6.25 and www.wsscwater.com.

3.4. EXPLANATION OF CONTRACT DOCUMENTS TO PROSPECTIVE BIDDERS/OFFERORS

Any prospective Bidder/Offeror must carefully examine the Solicitation. If a prospective Bidder/Offeror is unclear as to the meaning or intent of any of the Contract Documents included in the Solicitation, the prospective Bidder/Offeror shall request a clarification from the Procurement Office before its bid/proposal is submitted.

All questions pertaining to the Solicitation or Contract Documents shall only be submitted by a Bidder/Offeror to the Procurement Officer identified in the Solicitation via the Online Discussion feature in the Supplier Portal.

Questions submitted via email shall not be answered. Replies, where warranted, will be by addenda issued electronically to all parties who have downloaded the Solicitation. Questions received less than ten (10) days prior to the date for opening of bids or due date for receipt of proposals may not be answered. Only questions answered by formal written addenda will be binding. Questions received after this deadline may be addressed at the discretion of the Commission. Oral and other interpretations or clarifications will be without legal effect.

Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective

Bidders/Offerors via Online Discussion in the Supplier Portal.

Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective

Bidders/Offerors.

3.5. SECURITY CLEARANCE REQUIRED FOR ACCESS TO PLANS AND DRAWINGS

In order to receive plans and drawings related to the Solicitation, a prospective Bidder's/Offeror's representative must first be approved through a security background investigation. The Bidder's/Offeror's representative can obtain an application for a security clearance by contacting WSSC''s Procurement Office by phone, (301) 206-8288. Requests for plans and drawings can only be fulfilled for representatives having successfully completed the security investigation. Multiple representatives may gain security clearance to request plans and drawings.

Additionally, plans and drawings may be accessed through E-Builder® ASP software. A user name and password is issued by the Procurement Officer upon request. To obtain a user name and password for access, a

Bidder's/Offeror's representative must first obtain a security clearance.

3.6. SUBMISSION OF BIDS (COMPETITIVE SEALED BIDDING)

A. Bid Forms Bids shall be submitted in accordance with the instructions in the Solicitation and shall be filled out in typewritten or written ink. If changes and erasures are made, such changes and erasures shall be clear and legible, and shall be initialed by the person signing the forms.

https://wssc.district.codes/Code/6.25 https://www.wsscwater.com/

The bid forms may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, and scheduled items resulting in a bid on a unit of construction or a combination thereof, or other bidding arrangements. Unless specifically called for, alternate bids will not be considered.

Failure to submit a bid form or submitting an incomplete bid form with the bid may lead to the bid being deemed non-responsive or non-responsible.

B. Bid Submittals Bidders shall complete and submit any submittals required by the Solicitation with the bid. Failure to submit a submittal or submitting an incomplete submittal with the bid may lead to the bid being deemed non-responsive or non-responsible.

C. Bid Bond If the Solicitation requires a bid bond and a Bidder fails to submit a bid bond with the bid, the bid shall be deemed non-responsive.

D. Multiple Unit Prices No Bidder will be permitted to offer more than one price for each item identified in a bid form even though it believes it has two or more products that will meet the specifications in the

Solicitation. If a Bidder submits more than one price for any item, all prices for that item may be rejected at the discretion of the Chief Procurement Officer. Further, the bid may be deemed non-responsive.

E. Bid Submittal Limit A Bidder may submit only one bid in response to a Solicitation. If a Bidder submit more than one bid, the bids will be rejected and deemed non-responsive.

F. Alternate Bid Unless alternate bids are specifically requested in the Solicitation, they will not be accepted. Alternate bids will be rejected and deemed non-responsive.

G. Conditional Bids If a Bidder submits a bid that requires the Commission to accept changes or additions to the Contract Documents, the bid will be rejected and deemed non-responsive.

H. Bid Signing Signing of a bid shall comply with instructions in bid forms.

I. Bid Delivery Bids shall be submitted on-line through the Commission's Solicitation Portal.

A Bidder shall assume full responsibility for timely submission and only one bid may be submitted. Bid submittals shall contain an Electronic Copy of Original Bid documents. Electronic Copy Bid Submittal shall be submitted via the Portal at https://procurement.opengov.com/portal/wsscwater.

Bids shall be submitted on the forms provided and must be signed by an authorized representative of the bidder. Bids submitted in any form other than as specified herein will be deemed non-responsive and will not be considered for award.

Bids shall be concise, yet sufficiently comprehensive to set forth the bidders understanding of the required services. Bids must be organized to the structure described in these Additional Instructions.

Any bid received after the exact time for receipt will be deemed non-responsive. The bid will not be considered for award. However, an exception may be made when a late bid would have been timely but for the action or inaction of the

Commission.

3.7. ACKNOWLEDGMENT OF AMENDMENTS TO THE SOLICITATION

Each Bidder/Offeror shall acknowledge receipt of any amendment to the Solicitation in accordance with the instructions stated in the amendment or otherwise stated in the Solicitation. If a Bidder/Offeror fails to acknowledge the amendment prior to the deadline for submitting a bid or proposal, the bid or proposal may be deemed nonresponsive.

3.8. WITHDRAWAL OF A BID (COMPETITIVE SEALED BIDDING)

Prior to the time and date set for bid opening, a Bidder may withdraw a bid or proposal by "Unsubmitting" their response in the eProcurement Portal. Bids or proposals may only be withdrawn prior to the time and date set for bid opening.

No Bidder may withdraw a bid within 120 days after the actual date of the opening of the bids. Negligence on the part of the

Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Should there be reasons why a contract cannot be awarded within the specific period, the time may be extended by mutual agreement between the

Commission and the Bidder.

3.9. BID MODIFICATION, MISTAKES, AND MINOR INFORMALITIES (COMPETITIVE SEALED

BIDDING)

A. Mistakes in Bids Discovered Before Bid Opening A Bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid.

B. Mistakes Discovered After Bid Opening but Before Award Mistakes in bids that are discovered after the time and date set for bid opening but before award shall be resolved as follows:i. Minor Informalities.

Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, worker and/or public safety or contractual conditions is negligible. The Procurement Officer may waive such informalities or allow the bidder to correct them depending on what is in the best interests of WSSC.ii. Mistakes

Where Intended Correct Bid Is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn.iii. Mistakes Where

Intended Correct Bid Is Not Evident. A bidder may be permitted to withdraw a low bid if:1. A mistake is clearly evident on the face of the bid document, but the intended correction is not similarly evident; or2. The bidder submits objective proof which clearly and convincingly demonstrates that a mistake was made.

C. Mistakes Discovered After Award Mistakes shall not be corrected after award of the contract except where the Chief Procurement Officer makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

3.10. BIDDER/OFFEROR QUALIFICATIONS

A. Performance Capability A Bidder/Offeror shall be responsible and have the capability to properly perform the work described in the Contract Documents, and shall have the necessary expertise, manpower, equipment, capacity and sufficient financial resources to execute the work described in the Contract

Documents properly within the time specified.

The Commission, at its discretion, may make such investigations it deems necessary to determine the ability of a

Bidder/Offeror to perform the work described in the Contract Documents, and the Bidder/Offeror shall furnish to the

Commission such information and data for this purpose as the Commission may request. The Commission may visit any prospective Contractor's place of business, contracts in progress, or contact persons knowledgeable of the

Bidder/Offeror's background to determine its ability, capacity, reliability, financial stability, or other factors necessary to perform the work described in the Contract Documents in a manner satisfactory to the Commission.

The Commission may determine a Bidder/Offeror non-responsible if the Commission determines the Bidder/Offeror does not have the capability, integrity, or reliability to perform the work described in the Contract Documents.

3.11. BONDS AND INSURANCE

The Bidder/Offer to whom a contract is recommended for award shall submit any required bonds and insurance documents to the Procurement Office in accordance with the Procurement Office's instructions. Failure to submit the required documentation within the time period specified may be cause for deeming the bid or proposal non-responsible.

3.12. PROTESTS

Any protest concerning the Solicitation shall be decided by the Chief Procurement Officer in accordance with Procurement

Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.550.

A. Right To Protest Any actual or prospective Bidder or Offeror who is aggrieved in connection with a Solicitation or an award of a Contract may protest to the Chief Procurement Officer. The protest shall be in writing and filed with the Office of the Chief Procurement Officer within seven (7) days after such aggrieved person knows or should have known of the facts giving rise to the protest. A protest shall be considered untimely if it is not received by the Office of the Chief

Procurement Officer within the time period stated above. A Bidder or Offeror is aggrieved only if the Bidder or Offeror can demonstrate that, should the protest be sustained, the Bidder or Offeror may be eligible for the award.

B. Form Of Protest The written protest shall include, at a minimum, the following: (a) name and address of the protestor,

(2) Solicitation or Contract number, (3) statement of reasons for the protest, and (4) supporting exhibits, evidence, or documents to substantiate any claims.

C. Filing Fee The filing fee for a protest is ONE THOUSAND DOLLARS ($1,000.00). The filing fee shall be paid in the form of a check payable to the Washington Suburban Sanitary Commission. If the protest is sustained by the Chief

Procurement Officer, the protester will be entitled to a refund of the filing fee. A PROTEST SHALL BE

CONSIDERED UNTIMELY IF THE FILING FEE IS NOT RECEIVED BY THE PROCUREMENT OFFICE

WITHIN THE TIME LIMITATIONS TO FILE A PROTEST.

D. Authority To Resolve Protests The Chief Procurement Officer, after consultation with the General Counsel's Office, shall have the authority, before the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved Bidder or Offeror concerning the Solicitation or award of a contract.

E. Award Of A Contract During A Protest In the event of a timely protest, the Commission shall not proceed further with a Solicitation or with the award of a contract until after a written decision on the protest has been issued by the

Chief Procurement Officer, unless the Chief Procurement Officer, after consultation with the General Counsel's Office and the appropriate using department, determines in writing that awarding a contract without delay is necessary to protect the interests of the Commission.

F. Final Decision If the protest is not resolved by mutual agreement, the Chief Procurement Officer must adjudicate the protest on the record and issue a final written decision within twenty-one (21) days of receiving the protest. The decision must: (a) state the reasons for the action taken and (2) inform the Bidder or Offeror of its right to appeal the written decision.

G. Appeal To Court The aggrieved Bidder or Offeror may appeal the written decision of the Chief Procurement Officer to the Circuit Court for Montgomery County or the Circuit Court for Prince George's County under the Maryland Rules governing administrative mandamus actions.

H. Entitlement To Bid Preparation Costs If a protest is sustained by the Chief Procurement Officer and the protesting

Bidder or Offeror should have been, but was not, awarded the contract under the Solicitation, the aggrieved Bidder or

Offeror shall be entitled to the reasonable costs incurred in connection with the Solicitation, including bid preparation costs. The aggrieved Bidder or Offeror shall not be entitled to recover any attorneys' fees incurred in connection with the Solicitation or protest.

3.13. SOLICITATION CANCELLATION

A Solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part when the Chief Procurement

Officer deems it to be in the best interests of WSSC. Notice of such a decision must be made in writing and provided to all bidders or offerors.

3.14. CONTRACT AWARD

A. Construction Contracts or Design/Build Contracts (Competitive Sealed Bidding) Contracts for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(b).

B. Construction Contracts or Design/Build Contracts (Competitive Sealed Proposals) Contracts for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(c).

C. Other Contracts (Competitive Sealed Bidding) Contracts that are not for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with Procurement

Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.310.

D. Other Contracts (Competitive Sealed Proposals) Contracts that are not for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with

Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.320.

3.15. EXECUTION AND ACCEPTANCE OF A CONTRACT

A contract shall not be considered accepted by the Commission and binding upon the Commission until (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority and (2) a Notice to Proceed has been issued.

The Commission reserves the right to cancel a recommended award of a contract without liability to the Commission at any time prior to (1) a Contract being executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority or (2) a Notice to Proceed being issued. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.

Failure by a Bidder/Offeror to execute a contract, submit such other documents as required by the

Contract Documents, or file acceptable insurance and bonds within the time directed shall be just cause for canceling the recommended award. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.

Subcontract plans must be entered and approved in the web-based compliance system in accordance with the Commission's directives. Failure by a Bidder/Offeror to comply with such directives shall be just cause for canceling a recommended award. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and readvertised.

A Notice to Proceed will be issued after (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority, (2) upon receipt and acceptance by the

Commission of a Bidder's/Offeror's insurance, bonds, any other designated documents, (3) upon verification of entry and acceptance of subcontracting plans in the web-based compliance system, and (4) upon approval of background investigations of employees to work on Commission property. The Notice to Proceed represents the final document required before a contract shall be considered accepted by the Commission and binding upon the

Commission.

3.16. MARYLAND PUBLIC INFORMATION ACT NOTICE

The Commission is subject to the Maryland Public Information Act. Bidders and Offerors are strongly encouraged to specifically identify those portions of their bids or proposals, if any, which they deem to contain protected trade secrets, confidential commercial information, confidential financial information, or confidential geological or geophysical information pursuant to Md. Code Ann., General Provisions, §§ 4-335 and 4-336.

4. ADDITIONAL INSTRUCTIONS TO BIDDERS

This Solicitation shall be conducted in accordance with the Commission’s or WSSC Water Procurement

Regulations: WSSC Water Code of Regulations, Title 6 Ch. 6.15. The following instructions are in addition to those contained in the Instructions to Bidders/Offerors included in the Solicitation.

4.1. Submission of Bid

A. Only one Bid may be submitted by a Supplier.

B. Bids shall be submitted electronically via WSSC's eProcurement portal at https://procurement.opengov.com/portal/wsscwater.

C. Bid submitted in any form other than as specified herein may be deemed non-responsive and will not be considered for award. Bid must be signed by an authorized representative of the Bidder. Oral and telegraphic Bids, including e-mail submissions, are considered invalid and will not be accepted or considered for award.

D. Bids shall be concise, yet sufficiently comprehensive to set forth the Bidder’s understanding of the required services. Bids must be organized to the structure described in these Additional Instructions to

Bidders.

E. Minimum Qualifications: Provide documentation that meets the requirements in the SCOPE OF WORK and Bidder’s MINIMUM QUALIFICATIONS. A Bid not meeting any of the MINIMUM

QUALIFICATIONS requirements will be deemed non-responsive/non-responsible and precluded from further consideration.

F. Appendix A: OSDI PARTICIPATION. Provide the executed forms required in Appendix A of the

Solicitation.

G. Appendix B: CERTIFICATE OF INSURANCE. Provide a certificate of insurance in accordance with the

Insurance Requirements located in the solicitation Appendix B.

H. Appendix C: VENDOR QUESTIONNAIRE. Provide the executed forms, which are located in Appendix

C, for responsiveness to the Bid Solicitation.

I. Responsiveness: Provide all forms required in Appendix A, Appendix B, and Appendix C in addition to the Bid Schedule and Minimum Qualifications for responsiveness to the bid solicitation.

4.2. Pricing

A. Bidders shall enter their pricing in the PRICING PROPOSAL section of this solicitation their all- inclusive unit price for the service required. The prices quoted in the Bid shall be firm for the duration of this

Contract (base and option years if applicable).

B. Pricing shall reflect all fringe benefits, overhead, profit, general and administrative expenses, and associated costs to complete the outlined scope of work. All mobilization and demobilization are included in the line-item price. Daily rates shall be applicable for an all-inclusive 8-hour day within a 24-hour https://procurement.opengov.com/portal/wsscwater https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=2593846 https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=2593859 https://procurement.opengov.com/portal/wsscwater/projects/269166/document?section=2593849 period. The total price shall be the product of the Bidder's delivery unit price by the quantities given.

All unit prices shall include F.O.B. destination shipping terms. No separate line-item pricing will be allowed for either bidding or invoicing purposes.

C. The Contractor shall be aware that the quantities provided are estimated for bidding purposes only and may be increased, decreased, or eliminated - no guarantee for minimum quantities. The Contractor will be paid on the basis of the per-unit cost of the work item based on work performed and accepted by the

Contract Manager.

5. GENERAL CONDITIONS - CONSTRUCTION

5.1. DEFINITIONS

Wherever used in these General Conditions, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof.

A. Addenda - Written or graphic instruments issued prior to the Bid Opening, which modify or interpret the

Contract Documents.

B. Amendments - Written or graphic instruments executed after Bid Opening, which modify or Interpret the Contract Documents.

C. Approval - Written approval from the Engineer.

D. Bid - The offer or proposal of the Bidder submitted in the prescribed manner on the prescribed form setting forth the prices for the Work to be performed as described in the Contract Documents.

E. Bidder - Any person, firm or corporation submitting a Bid for the Work.

F. Bonds - Bid Bond, Performance Bonds, Labor and Material Payment Bonds, Maintenance Bonds, and other instruments of security furnished by the Contractor and his surety in accordance with the Contract

Documents.

G. Claim - A demand which seeks the payment of money, an adjustment of time, an adjustment or interpretation of any provision of the Contract Documents, or other relief arising under or relating to this

Contract, including without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

H. Commission - The Washington Suburban Sanitary Commission (WSSC), the Owner.

I. Construction Easement - The right, acquired through formally executed permission of the property owner, permitting the Commission to use a clearly defined strip or parcel of land across the property of others temporarily during the period of initial construction of a specified utility or facility.

J. Contract Documents - The Contract, including WSSC's Procurement Regulations, the Solicitation, Invitation for Bids, Bonds, Notice of Award, Notice to Proceed, Change Orders, Field Orders, Drawings, Certificate of Substantial Completion, Certificate of Final Acceptance, Specifications, these

General Conditions, Special Conditions, Standard Details, Amendments, Addenda, Contract Execution

Page, Appendix A from the Solicitation, Appendix B from the Solicitation, Appendix C Submissions, and Federal Contract Provisions when required.

K. Contract Price - The total monies payable to the Contractor under the terms and conditions of the

Contract Documents.

L. Contract Time - The specific date or the number of calendar days stated in the Contract Documents for the substantial completion of the Work.

M. Contractor - The person, firm or corporation with whom the Commission has executed the Contract

N. Contractor's Submittals - Shall include but not be limited to all shop, layout and working drawings, diagrams, illustrations, catalog data, brochures, calculations, and other data which are prepared by the

Contractor, a Subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the Work shall be fabricated or installed.

O. Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day.

P. Drawings - The part of the Contract Documents which show the characteristics and scope of the Work to be performed and which have been prepared by or for the Commission. The term is used interchangeably with the word "Plans" and includes Standard Details, and Specifications.

Q. Engineer - The authorized agent of the Commission, acting within the scope of their authority or delegated authority and the particular duties assigned.

R. Environmental Pollution - Presence and action of physical, chemical, biological, and human agents that adversely affect individual and community health and welfare; unfavorably alter or destroy ecosystems of importance to man; or degrade significant aesthetic and recreational values.

S. Federal Contract Provisions - Are federal contract provisions which are required to be included in the

Contract by the federal government.

T. Field Order - A written order to the Contractor issued during construction by the Engineer for interpretations, clarifications, directives and other instructions as to the intent of the Contract

Documents.

U. Final Completion - That date as certified by the Engineer when all Work contained in the Contract

Documents has been completed, including outstanding items of Work that were not required by the

Engineer for the Certificate of Substantial Completion.

V. General Conditions - The Articles included in this document.

W. Inspector - The authorized representative of the Commission assigned to make detailed inspection of any or all portions of the Work or materials.

X. Invitation for Bids - Has the same definition as WSSC Code of Regulations, Title 6, Chapter

6.15.070(oo).

Y. Latent Defect - A hidden defect in the Work that reasonably careful inspection could not reveal prior to the expiration of the maintenance bond.

Z. Manufacturer - Any person or organization who changes the form of a commodity or creates a new commodity and supplies it for the Work at any tier, but who does not perform labor at the site.

AA. Notice to Proceed - Written communication issued by the Commission to the Contractor authorizing him to proceed with the Work and establishing the dates of commencement and substantial completion of the Work.

BB. Or Equal - A material, article or method is specified or described by using the name of a proprietary product or name of a particular manufacturer or vendor in the Contract Documents and gives the Contractor an opportunity to provide an equal substitution. Materials, articles or methods deemed equal by the Contractor which he proposes to incorporate into the Work shall be submitted with his bid in accordance with requirements set forth in the Contract Documents.

CC. Pollutant - Any chemical or physical substance that when introduced into a natural aquatic, atmospheric or soil system will cause adverse impact on that system. Includes grease, oil, bitumens, sewage, salts, adhesives, fuels and, when considering aquatic or atmospheric systems, soil.

DD. Project - The undertaking to be performed as provided in the Contract Documents.

EE. Proper Invoice - A payment estimate which has been approved as correct by the Engineer with respect to quantity, price, delivery, lawfully deducted sums, and supporting documentation which may be required by the Contract Documents.

FF. Provide - Means furnish and install, complete in place.

GG. Public Utilities Easement (PUE) - An easement established, by document and dedication by recordation of a plat of subdivision, to permit the construction, maintenance, and operation of the utilities for gas, electric, telephone and cable companies. Commission facilities are not included.

HH. Right of Way - The right, acquired by a legally executed and recorded document, permitting the

Commission to use a clearly defined strip or parcel across the land of others for the installation, construction, reconstruction, maintenance, repair, operation, and inspection, with the right of ingress and egress for a specified utility or facility, in perpetuity.

II. Rock - Any indurated material that requires drilling, wedging, blasting, or other methods of brute force to excavate.

JJ. Sensitive Documents: Documents and information that could reasonably be used to aid in or plan for contaminating or damaging the Commission system or Commission customers. Examples of such documents include, but are not limited to:

KK. Solicitation - Has the same definition as WSSC Code of Regulations, Title 6, Chapter

6.15.070(mmm).

LL. Special Conditions - A document which supplements, modifies, changes, deletes, removes, adds, or strikes any language to the General Conditions.

MM. Specifications - Sections containing Scope of Work and technical requirements which are unique to a particular contract.

NN. Standard Details - Commission details showing standard elements of construction, methods, and materials for use on Commission Contracts.

OO. Structure - Structural entity including but not limited to building, manhole, duct bank, tank, foundation, road, pavement, pipe conductor, substation, pumping station.

PP. Subcontractor - An individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor at any tier for the performance of a part of the Work at the site. Subcontractor shall not mean supplier.

QQ. Substantial Completion - That date as certified by the Engineer when the construction of the

Project or a specified part thereof is sufficiently completed in accordance with the Contract Documents so that the Project or specified part can be utilized for the purposes for which it is intended.

RR. Supplier - Any person or organization who supplies materials or equipment for the Work at any tier, including that fabricated to a special design, but who does not perform labor at the site.

SS. Work - Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, labor, materials, equipment, and other incidentals and the furnishing thereof.

TT. Written Notice - Any notice to any party of the Contract relative to any part of the Contract in writing and considered delivered and the service thereof completed when posted by mail to the said party at his last given address, or delivered in person to said party or his authorized representative of the Project.

UU. WSSC's Procurement Regulations - The regulations adopted by the Commission and cited as

WSSC Code of Regulations, Title 6, Chapter 6.15. The Procurement Regulations can be viewed https://wssc.district.codes/Code/6.15.

5.2. FIELD ORDERS

A. At the request of the Contractor, the Engineer may issue Field Orders that contain interpretations, clarifications, and other instructions as to the intent of the Contract Documents. In addition, the Engineer may at any time issue additional instruction, explain details of the Work and issue detail drawings in the form of Field Orders, as necessary to perform the Work required by the Contract Documents. Upon receipt of a Field Order, the Contractor shall proceed with the performance of the Work in accordance with all instructions contained therein.

B. There shall be no additional Contract Cost or Time to the Commission resulting from a Field Order unless the Contractor believes that the Field Order entitles him to a change in the Contract Price or Time or both, and so notifies the Engineer, in writing, within 7 days after receipt of the Field Order. Request for a Change Order arising out of a Field Order will not be considered without the attachment thereto of a copy of the referenced Field Order. Thereafter the Contractor shall document his position in accordance with the section for change in the Contract Price and Time within 30 days. Failure to notify the Engineer within 7 days after receipt of the Field Order or to document the Contractor's position within prescribed time shall constitute an abandonment of all entitlement.

https://wssc.district.codes/Code/6.15

C. The Contractor shall proceed with the performance of the Work in accordance with the Field Order.

Failure to proceed shall constitute a breach of Contract and shall be cause for termination of the

Contract

5.3. SCHEDULES, REPORTS AND RECORDS

A. The Contractor shall submit to the Engineer such schedule of quantities and costs, construction progress schedules, payrolls, breakdown of lump sum items, reports, estimates, records, and other data where applicable, as are required by the Contract Documents.

5.4. CONTRACT DOCUMENTS

A. The intent of the Contract Documents is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the

Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the Commission.

B. In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be given precedence in the following order:

1. Federal Contract Provisions (only if identified and incorporated in the Contract Documents)

2. WSSC Procurement Regulations

3. Change Orders

4. Field Orders

5. Task Orders

6. Amendments

7. Addenda

8. Special Conditions

9. General Conditions

10. Contract Execution Page

11. Notice to Proceed

12. Notice of Award

13. Special Provisions

14. Specifications Drawings

15. Standard Details

16. Appendix B to the Solicitation (Insurance & Bonding Requirements)

17. Appendix A to the Solicitation (MBE and/or SLBE requirements)

18. Appendix C to the Solicitation (Commission Forms completed by Contractor)

19. Division 1, General Requirements governs the execution of all Sections of the Specifications from

Division 2 through Division 16. Anything mentioned in the Specifications and not shown on the

Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as if shown or mentioned in both. Figure dimensions on Drawings shall govern over scale dimensions and detailed Drawings shall govern over general Drawings.

C. Any discrepancies found between the Drawings and Specifications or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities prior to corrections directed by the

Engineer shall be done at the Contractor's risk.

5.5. CONTRACTOR'S SUBMITTALS

A. The Contractor shall provide all submittals as may be necessary for the prosecution of the Work as required by the Contract Documents.

5.6. MATERIALS, SERVICES AND FACILITIES

A. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time.

B. Manufactured articles, materials, and equipment shall be new, and shall be stored, applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer, and as approved by the Engineer. Manufactured articles, materials, and equipment shall meet all specified requirements, and their manufacturers and suppliers shall be approved by the Engineer before delivery to the Contract site.

When manufactured articles, materials, and equipment, and their manufacturers and suppliers are named in the Specifications, only those named will be considered and accepted. When the named manufactured articles, materials and equipment are followed by the phrase "or equal," the provisions of Section 01630 shall apply.

C. Deliveries of material, equipment, and supplies to the Contractor or Subcontractors at the contract site shall be specifically addressed to the Contractor or Subcontractor and not to the Commission.

Commission personnel will not accept deliveries for the Contractor or Subcontractors.

D. Materials and equipment shall be stored to ensure the preservation of their quality and fitness for the

Work. Stored materials and equipment to be incorporated in the Work shall be located and stored to facilitate prompt and safe inspection.