REVISED ADDENDUM 2 IFB 09102021.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTAION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

INVITATION FOR BIDS (IFB)

WATER TREATMENT MAINTENANCE AND SERVICE

IFB NUMBER OPS-21-056-MT

ISSUE DATE: AUGUST 10, 2021

REVISED: SEPTEMBER 1, 2021

REVISED SEPTEMBER 10, 2021

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Water Treatment Maintenance and Service Solicitation #: OPS-21-056-MT IFB Document

IFB for MDOT MTA Page ii of 73

NO BID NOTICE/VENDOR FEEDBACK FORM

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

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

Title: Water Treatment Maintenance and Service Solicitation No: OPS-21-056-MT

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

� Other commitments preclude our participation at this time

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

� We are inexperienced in the work/commodities required

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

� The scope of work is beyond our present capacity

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

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

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

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

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

� MBE or VSBE requirements (Explain in REMARKS section)

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

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

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

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

IFB for MDOT MTA Page iii of 73

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Water Treatment Maintenance and Service

Solicitation Number: OPS-21-056-MT

IFB Issue Date: August 10, 2021 – REVISED September 1, 2021- REVISED September 10, 2021

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration

Procurement Officer: Tammy Russell MDOT MTA Office of Procurement 6 Saint Paul Street, 7th Floor Baltimore, MD 21202 e-mail:

Office Phone:

TRussell@mdot.maryland.gov 410.767.3369

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: Wednesday September 22, 2021 at 10am Local Time.

Operations Support Conference Room #1 1515 Washington Blvd, Baltimore, MD 21230 See Attachment A

Site Visits: Upon request on Wednesday September 22, 2021 at 10am Local Time

Questions Due Date and Time Friday September 24, 2021 at 1pm Local Time via email trussell@mdot.maryland.gov

Bid Due (Closing) Date and Time:

Thursday October 7, 2021 via EMMA at 1:00 p.m. Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

Thursday October 7, 2021 at 1:30 p.m. Local Time via Bid Tabulation http://emma.maryland.gov

MBE Subcontracting Goal: None

VSBE Subcontracting Goal: None

Contract Type: Firm Fixed Price

Contract Duration: Five Years

SBR Designation: Yes

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

IFB for MDOT MTA Page iv of 73

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

3 Contractor Requirements: General

3.1 Invoicing

3.2 Liquidated Damages

3.3 Insurance Requirements

3.4 Security Requirements

3.5 Problem Escalation Procedure

3.6 Minority Business Enterprise (MBE) Reports

4 Procurement Instructions

4.1 Pre-Bid Conference and Site Visits

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

Tie bids will be decided pursuant to COMAR 21.05.02.14

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

IFB for MDOT MTA Page v of 73

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 Living Wage Requirements

4.28 Federal Funding Acknowledgement

4.29 Conflict of Interest Affidavit and Disclosure

4.30 Non-Disclosure Agreement

4.31 Location of the Performance of Services Disclosure

4.32 Department of Human Services (DHS) Hiring Agreement

4.33 Small Business Reserve (SBR) Procurement

4.34 Bonds

4.35 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid/Site Visit Conference Response Form

IFB for MDOT MTA Page vi of 73

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

Attachment F. Conflict of Interest Affidavit and Disclosure

Attachment G. Non-Disclosure Agreement

Attachment H. HIPAA Business Associate Agreement

Attachment I. Mercury Affidavit

Attachment J. Location of the Performance of Services Disclosure

Attachment K. Contract

Attachment L. Contract Affidavit

Attachment M. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

Appendix 3. – Labor Resume Sheet

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 Contractor must provide at least three (3) references demonstrating that the company has a minimum of Five (5) years’ experience of water treatment/service in various makes and models of Boilers, Cooling Towers, Chill and Hot Water Loops, Geothermal, GLYCOL loops and systems for Scale, Corrosion, Condensation, P.H. levels, Conductivity, Alkalinity, Sodium Sulfate, Calcium Ortho Phosphonate, Sodium Nitrite, Sodium Molybdenum, Legionella testing and Bacteria of this type of work similar in scope and size. The list of references must include contract name, company name, address, phone number, email address, period of the contract (start date and end date), and a description of the services provided.

1.1.2 The contractor shall provide technicians(s) with a minimum of Three (3) years’ experience of water treatment/service as indicated in section 2.1.1. above. To meet this requirement, the contractor must submit a list of technician personnel outlining the experience required.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA) or the "Administration" is issuing this Invitation for Bids (IFB) to procure maintenance services for water treatment, boiler system(s) and cooling tower(s) located at MDOT MTA Bus Facility Division Locations.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Administration intends to make a single award for the work under this IFB. See IFB Section

4.9 Award Basis for more Contract award information.

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

2.2 Background and Purpose

The state is issuing this solicitation for Water Treatment Maintenance and Service of Boiler System(s), Chill and Hot Water loops, Geothermal, GLYCOL loops and Cooling Tower(s) located at all Maryland Department of Transportation (MDOT) Mass Transit Administration (MTA) Bus Facility Division Locations. All units/systems and Bus Facility Divisions locations are listed in Section 2.2.1.1 of this IFB.

Scope of Work – Requirements:

2.2.1. CONTRACT SPECIFICATIONS:

2.2.1.1.

Equipment Type Model Number Serial

Number MTA Tag Number Description Location

750K BTU Hot Water

PBN0752-F9 750K BTU

IN PBN0752

PBN0752-F9 750K BTU

IN

1603102485251 1716105742051 1601102395563

N/A Lochvinvar Powerfin

Boiler

Bush Division Complex, Building #1

350 HP Steam L35-350-06 P-1044 N/A KEWANEE Bush Division

Complex, Building #5

750 HP Steam CB-600-750 L-68507 N/A Cleaver Brooks

Bush Division Complex, Building #5

350 HP Steam L35-350-06 P-1435 N/A KEWANEE Bush Division

Complex, Building #5

Water Softener System

For steam boilers #4, #5, & #6 Nov - April

Bush Division Complex

Building #5

BAC Cooling Tower SISE-1285-07LN-2/W

U162460102-01-

U162460102-01-

N/A Service April - Sept Only

Bush Division Complex, Outside Building #3

Chill Water Loop

2 Water Cooled Chillers

Bush Division Complex, Building #1

Hot Water Loop Runs All Year

Bush Division Complex, Building #1

Hot Water Loop Runs all Year

(NO SET-UP)

Bush Division Complex, Building #5

Heating Water Heat Exchanger Runs all Year

(NO SET-UP)

Bush Division Complex

Building #8

Chill Water Loop AC70BQ 71546101A90M

Runs all Year

GLYCOL

LOOP

Bush Division Complex

Building #8

Hot Water Loop

WHN199F12H30064197

WHN199F12H30061252

#1 & #2 Lochinvar w/Aluminum heat Exchanger

Common Water

Runs All Year

(NO

NITRATE)

Bush Division Complex

Building #13

Heat Exchanger Runs All Year

Bush Division Complex

Building #9

Steam Boiler V1112 N/A MD110003H Service Sept - April (NO

SET-UP)

East Division Complex, Building #1

Steam Boiler V1112 N/A MD110002H Service Sept - April (NO

SET-UP)

East Division Complex, Building #1

Steam Boiler V1109 N/A MD100000H Service Sept - April (NO

SET-UP)

East Division Complex, Building #2

Steam Boiler V1109 N/A MD1000001H Service Sept - April (NO

SET-UP)

East Division Complex, Building #2

Hot Water Loop 28HE-11

28HE-11-

142152 28HE-

11-142153

MD156723H

MD156721H

MD156722H

IBR NEW Kirk Facility Complex

28HE-11-142-

Geothermal Test all Year

GLYCOL

NEW Kirk Facility Complex

Hot Water Loop Runs All Year

NW Division Comples.

Building #1 Boiler #1

Hot Water Loop Runs All Year

(NO SET-UP)

NW Division Comples.

Building #1 Boiler #2

*Equipment Locations are listed below:

1. Bush Division Complex, Buildings #1, and Cooling Tower, & Building #13 (New Bldg.):

1515 Washington Blvd, Baltimore, Maryland 21230

2. East Division Complex, Buildings #1 and #2:

201 Oldham Street, Baltimore, Maryland 21224

3. New Kirk Facility Complex:

2301 Kirk Avenue, Baltimore, Maryland 21212

4. Northwest Bus Division Complex:

4401 Mt. Hope Drive, Baltimore Maryland, 21215

The contractor shall follow the water treatment service plan listed in section 2.2.1.1. unless otherwise agreed to by the MDOT MTA Project Manager or approved designee. MDOT MTA reserves the right to add or remove any item/unit/system listed in section 2.2.1.1. during the term of this contract.

A. CONTRACTOR PROJECT SPECIFIC SAFETY & HEALTH PLAN:

Each contractor shall have a written Project Specific Safety and Health Plan, in accordance with the contract, with addresses the service or work to be performed under the contract. The plan will provide the details commensurate with the services or work to be performed. Within five (5) calendar days after issuance of NITA (Notice of Intent to Award) for the Contract and Contractor shall submit, at a minimum, a written “General Safety and Health Plan” to the Administration. Within five (5) calendar days after the NTP (Notice to Proceed) the contractor must then submit a complete “Project Specific Safety and Health Plan” for approval. A delay in submitting the Contractor Project Specific Safety and Health Plan will not constitute grounds for contract schedule extension or delay claim.

B. CONTRACT SPECIFICATIONS:

1. This contract is to keep the water treatment/service up to date in all makes and models of Boiler System(s), Cooling Tower(s), Chill water loops, hot water loops, water softening systems, and Geothermal systems/units specified in Section 2.2.1.1.

2. The contractor shall not perform any service/treatment on any units(s)/systems not listed in Section 2.2.1.1. The contractor is responsible for knowing what units/systems are listed in Section 2.2.1.1. before performing any service or treatment.

3. The Project Manager may add or remove units/systems to Section 2.2.1.1. during the term of this contract.

4. The contractor shall perform all work requested by the Project Manager, or any of the approved designees on all units/equipment/systems listed in Section 2.2.1.1.

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

6. . NO Nitrate to Bldg#13 Main Bldg.

7. Preventative Maintenance Inspections, tests and treatments shall be performed on each unit in Section 2.2.1.1. as according to the contractor’s bid form “No. of PM’s / Water Treatments Per Year”.

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

9. As defined in item “9” above the Project Manager, or approved designee must approve electronic estimates before any work is done. Estimates shall be complete and approved by the MDOT MTA Project Manager or approved designee before performing any work.

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

C. WORK TO BE PERFORMED:

1. At a minimum, the contractor shall include all items/units/systems listed in Section 2.2.1.1. with PM inspections/certifications on all equipment/units/systems listed in Section 2.2.1.1. At a minimum, the contractor must perform the following tests listed below and treat accordingly when test indicates. All chemicals needed for treatment will be provided by the contractor. All tests, treatments, or chemicals needed will be one inclusive cost on the contractor’s bid form for “Contractor’s Cost per PM / Water Treatment Service”.:

a. Steam, Hot Water Boilers, and heating water heat exchange systems:

• Conductivity Test

• P.H Test and, P Alkalinity Test

• T Alkalinity test

• Calculated oh Alkalinity Test

• Sodium Sulfate Test

• Calcium Hardness Test

• Quarterly Legionella’s Test and Disinfection if test is positive.

b. Cooling Towers:

• Conductivity Test

• P.H Test and T Alkalinity Test

• Calcium Hardness Test

• Ortho Phosphonate test

c. Chilled and Hot Water Loops:

• P.H. Test

• Sodium Nitrate Test

d. Geothermal and GLYCOL Loops:

• P.H. Test

• Sodium Molybdenum Test

• Quarterly Test Freeze Point

2. The contractor shall only perform work on items/units/systems listed in Section

2.2.1.1. Invoices for any work performed on items/units/systems not listed in Section 2.2.1.1. may not be approved for payment.

3. All lubricants, fluids, chemicals, treatments and other products used must meet the unit specifications for that unit.

4. Prior to performing any maintenance, the contractor shall verify and inform the Project Manager, or the approved designee of any work that may be covered under the manufacturer’s warranty.

5. The contractor shall provide the Project Manager, or approved designee with the recommendations in electronic format for any additions service/treatments that may be needed or recommended. Each recommended treatment/service shall be quoted separately.

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

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

D. PERFORMANCE:

1. The contractor shall contact the Project Manager, or approved designee at least twenty-four (24) hours in advance to schedule work.

2. Section 2.2.1.1. has a list of equipment/units/systems that is covered by this contract. The Project Manager may revise this list at any time during the contract period. If a unit is deleted there will be no future charges for that unit. If a unit is added, a unit price for the new equipment shall be mutually agreed to by the Project Manager and the Contractor.

3. The contractor shall be responsible for properly and accurately troubleshooting and diagnosing treatments or services needed. The MDOT MTA shall not be responsible for paying for the contractor’s labor, treatments, or service on MTA equipment due to the contractor’s misdiagnosis.

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

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

6. The contractor is responsible for maintaining and monitoring PM maintenance scheduled service(s)/treatment(s) and must schedule the work with the Project Manager, or approved designee.

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

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

9. The MDOT MTA may remove equipment from service that is more than seven

(7) days overdue for inspection(s)/treatment(s) and the provisions in item eight (8) above will be enforced.

10. If a unit is more than seven (7) calendar days past due for its scheduled service or treatment, the contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost for that service or treatment for that unit. The contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost every seven (7) calendar days that the treatment/service is past due.

These charges may be collected from money owed to the contractor.

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

E. EQUIPMENT WARRANTIES:

1. This contract to keep the water treatment and service up to date for various types of Boilers/Chillers from several different manufactures ranging from one (1) to twenty (20) years old. The contractor shall confirm and inform the Project Manager, or approved designee if any repairs are eligible for manufacture warranty claims. Any treatments/service eligible for manufactory warranty must be performed at no cost to the MDOT MTA.

F. WORKING CONDITIONS:

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

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

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

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

G. WORK HOURS:

1. Unless another time is mutually agreed to by the contractor and the MDOT MTA Project Manager, all routine service shall be done between 7:00am and 3:00pm, Monday through Friday.

2. The contractor shall contact the Project Manager, or approved designee at least twenty-four (24) hours in advance to schedule treatment/service.

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

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

5. The contractor shall be available for unscheduled treatment/service as requested by the MDOT MTA. The contractor shall arrive at the base within twenty-four

(24) hours after being contacted.

H. CONTRACT DURATION:

1. This contract shall run for a continuous sixty (60) month period starting with the

“Notice to Proceed” (NTP).

I. MILEAGE:

1. There shall be no mileage or labor charge for the contractor’s transportation to and from MDOT MTA facilities for preventative or scheduled treatments or service.

2. An emergency visit is when MDOT MTA requires the contractor to make an unscheduled treatment/service in less than six (6) hours. MDOT MTA shall not pay for any mileage from MDOT MTA to another work location or to return to the contractor’s location.

J. BUILDING / SECURITY PROCEDURES AND RESTRICTIONS:

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

2. All contractors’ employees shall display the appropriate contractor’s identification badge while performing work on MDOT MTA property.

K. EQUIPMENT LOCATIONS:

1. Equipment may be located at one or more of the locations listed below. Section

2.2.1.1. includes locations for each unit/system.

2. Vendors are encouraged but not required to attend a pre-bid inspection of the equipment at each site to familiarize themselves with each location, the condition and age of each unit/system listed in Section 2.2.1.1. Any failure by the bidder(s) to acquaint themselves with the equipment/unit/system listed in 2.2.1.1. will not relieve them from the responsibility of carrying out the work intended by this contract.

L. SUITABLE PERSONNEL:

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

2. At the sole discretion of the MDOT MTA, the contractor shall immediately remove any person from the site that is considered by the Project Manager as unsuitable. The Project Manager may inform the contractor verbally of the reason the person is unsuitable.

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

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

M. ENVIRONMENTAL COMPLIANCE:

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

N. SAFETY DATA SHEETS:

1. Prior to using any chemicals on MDOT MTA property, Safety Data Sheets (SDS) for all chemicals (degreasers, cleaners, solvents etc.) must be submitted to the MDOT MTA Safety Department for review and approval using Form 117 with each chemical. No chemical may be used on MDOT MTA property unless approved for use by MDOT MTA. SDS sheets and approvals by the MDOT MTA’s Safety Department shall be on each service truck in a binder for easy review and retrieval if needed. SDS forms are available from the Project Manager or the MTA Industrial Safety Officer. The industrial Safety Officer can be reached at 410-454-7143.

I. Send SDS form to:

The Office of Safety, Quality Assurance and Risk Management Maryland Department of Transportation (MDOT) Maryland Transit Administration (MTA) 1515 Washing Boulevard, Suite 2200, Baltimore, MD 21230

3 Contractor Requirements: General

3.1 Invoicing

3.1.1 General

Invoices shall include all Contractor’s supervisor and skilled laborer hours in addition to any charges against the Miscellaneous Work Allowance. Each invoice shall identify the contract number and MDOT MTA project Manager, or approved designee, requesting and approving the work. Invoices shall also include a summary of all scheduled or unscheduled work performed, then identify each boiler/chiller serviced and a legible copy of each service report signed by the MDOT MTA Project Manager, or approved designee.

Photos shall be included with each invoice. Photos must clearly identify the boilers/chillers referencing the number on the maintenance plan provided to the project manager.

The Contractor shall e-mail the original of each 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) wmorse@mdot.maryland.gov (Wayne Morse – Project Manager) kmouzon@mdot.maryland.gov (Karie Mouzon – Office Manager)

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

The Administration reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the administration with all required deliverables within the time frame specified in the

Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

3.1.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

a) For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the Administration.

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

3.1.3 For the purposes of this contract an amount will be deemed due and payable if:

c) The amount invoiced is inconsistent with the Contract;

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

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

f) The item or services have not been accepted;

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

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

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

j) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

k) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.1.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.2 Liquidated Damages

3.2.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.2.2 Liquidated Damages other than MBE

1) The MTA may assess liquidated damages in the amount equal to the hourly bid cost, but not to exceed eight hours per day, should the Contractor fail to provide services within the agreed upon time.

2) Liquidated Damages may be applied every day, including Saturdays, Sundays, and holidays, until the proper service has been completed and signed off by the MTA Project Manager.

3.3 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:

[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)

[ ] 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 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.

[ X ] 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, 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.

[X] 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.

3.3.2 Insurance Company Qualifications

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

A. Acceptable to the MTA B. Licensed to do business in the State of Maryland

3.3.3 Policy Requirements

1) 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:

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

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

4) 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.

5) 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.

3.4 Security Requirements

The following requirements are applicable to the Contract:

3.4.1 Employee Identification

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

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

c) All Contractors’ employees shall display the appropriate Contractor’s identification badge while performing work on MDOT MTA property.

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

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

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

3.4.2 Security Clearance / Criminal Background Check

A criminal background check is required for any Contractor Personnel providing on-site work.

a) The Contractor shall obtain criminal background checks on candidates it sends for employment at the Administration. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity.

b) The Contractor shall provide certification to the Administration that the Contractor has completed the required criminal background check described in this IFB for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

3.5 Problem Escalation Procedure

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

3.5.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.5.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

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

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

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

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

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

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

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

3.5.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.6 Minority Business Enterprise (MBE) Reports

This section is not applicable to this solicitation.

3.6.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

4 Procurement Instructions

4.1 Pre-Bid Conference and Site Visits

4.1.1 A Pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.1.2 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 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.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.6 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. 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 Business Days prior to the Conference date. The MDOT MTA will make a reasonable effort to provide such special accommodation.

4.1.8 All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, 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.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (OPS-21-056-MT - Water Treatment Maintenance and Service Contract), and shall be submitted in writing via e-mail to the Procurement Officer, Tammy Russell (TRussell@mdot.maryland.gov), by the question deadline indicated on the Key Information Summary Sheet . The Procurement Officer, based on the https://procurement.maryland.gov/ availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.3.2 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.

4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Maryland Department of Transportation Maryland Transit Administration unless it issues an amendment in writing.

4.4 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

4.5.5 Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the…