RFP & SOW MRC-22-017-MT Conformed 6.7.22.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

REQUEST FOR PROPOSALS (RFP)

MARC CAMDEN AND BRUNSWICK

OPERATIONS AND MAINTENANCE

RFP NUMBER MRC-22-017-MT

ISSUE DATE: MARCH 10, 2022

CONFORMED 6/7/2022

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION

MARC Camden and Brunswick Operations and Maintenance

Solicitation #: MRC-22-017-MT RFP Document

RFP for Maryland Department of Transportation – Conformed 6/7/22

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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: MARC Camden and Brunswick Operations and Maintenance

Solicitation No: MRC-22-017-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 Proposal is insufficient

Start-up time is insufficient

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

Proposal 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: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Maintenance

MARC Camden and Brunswick Operations and Maintenance

Solicitation Number: MRC-22-017-MT

RFP Issue Date: March 10, 2022

RFP Issuing Office: Maryland Department of Transportation Maryland Transit

Administration (MDOT MTA or the “Department”)

Procurement Officer: Sharon Curtis e-mail: scurtis@mdot.maryland.gov

Proposals are to be sent to: Submit on eMMA

One Technical Proposal Package (no pricing included)

One Financial Package (includes bid pricing only)

Pre-Proposal Conference:

Site Visit:

March 29,2022 Local Time 9:00 a.m. Baltimore, MD

March 29, 30, and 31 Site Visits - Baltimore, MD

Submit RSVP Attachment A to receive further information and instructions. Form due by March 25, 2022 4:00 p.m.

Questions Due Date and Time: April 15, 2022 at 3:00 p.m. EST

Proposal Due (Closing) Date & Time: June 8 24, 2022 at 3:00 p.m. EST

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

MBE Subcontracting Goal: 8 %

VSBE Subcontracting Goal: 0 %

Contract Type: Time and Materials

Contract Duration: Mobilization: Approximately 26 Weeks

Base Contract: 5 Years (5 years + Mobilization)

Two Five-Year Renewal Options

SBR Designation: No

Federal Funding: No

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contract Summary

2.1 Summary Statement

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Disaster Recovery and Data

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Experience and Personnel

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

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4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 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 Veteran Small Business Enterprise (VSBE) Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA -Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

6 Evaluation Criteria

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Technical Responses

6.4 Financial Proposal Evaluation Criteria

6.5 Reciprocal Preference

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6.6 Selection Procedures

Attachment A. Pre-Proposal Conference Information and Response Form

Attachment B. Financial Proposal Instructions

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement - Offeror

Attachment J. Non-Disclosure Agreement (Contractor)

Attachment K. HIPAA Business Associate Agreement

Attachment L. Mercury Affidavit

Attachment M. Location of the Performance of Services Disclosure

Attachment N. Contract

Attachment O. Contract Affidavit

Attachment P. DHS Hiring Agreement

Attachment Q. Performance Bond - Annual

Appendix 1. Abbreviations and Definitions

Appendix 2. Scope of Work

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that the following Minimum Qualifications have been met.

1.1.1 The Offeror must have a minimum of five (5) years of experience as a Prime Contractor or joint venture; special purpose company formed specifically to provide a service or services; or a public-private partnership in providing Commuter or Inter-city Intercity passenger rail service in the United States, subject to Federal Railroad Administration

("FRA”) jurisdiction. and 49 CFR Part 270. For the purposes of this RFP, Commuter and

Intercity passenger rail shall be defined consistent with the definitions for “commuter rail passenger transportation” and “intercity rail passenger transportation” as defined in 49

U.S. Code § 24102.

1.1.2 The experience must demonstrate that in the last 10 years the Offeror has successfully fulfilled or are currently under contract with a governmental entity or railroad to provide services similar in size and scope as this Request for Proposal (RFP).

1.1.3 As proof of meeting these requirements, the Offeror shall provide with its proposal, three references from the past 10 years that collectively are able to attest to the Offeror’s required years of experience (see RFP Section 5.3.1 E).

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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2 Contract Summary

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration

(MDOT MTA or the Department) is issuing this Request for Proposals (RFP) seeking a

Contractor to provide the services as specified in this RFP.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a

Contract between the selected Offeror and the State.

2.1.3 The Department intends to make a single award (see RFP Section 6 Evaluation Criteria for more Contract award information).

2.1.4 An Offeror, 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 Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

2.1.6 The terms "proposed team" and "Offeror's Team" are used throughout the RFP.

Regardless of capitalization, these terms are defined as the team of staff and sub-contractors proposed by the Contractor to fulfill the various requirements of this RFP.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

The MDOT MTA will schedule and hold a kick-off meeting within ten (10) business days of the

Notice to Proceed (NTP) date for Mobilization.

3.2 End of Contract Transition

The Contractor shall follow the requirements set forth in Appendix 2, MARC Camden and

Brunswick Operations and Maintenance Scope of Work, Section 6.1.4 Contract Close-out,

6.1.5 End of Contract Transition, and Section 6.1.6 Return and Maintenance of State Data.

3.3 Invoicing

3.3.1 General

A. The Contractor shall email the original of each invoice to the Contract Monitor and other individuals as authorized by the Contract Manager.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at

COMAR 21.06.09.01 and .02) 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.

D. 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.

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

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F. Any action on the part of the , 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.

G. 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.

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

3.3.2 Invoice Submission Mobilization and Operations

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

3.3.2.1 Mobilization Period Invoices

The following requirements pertain to Contractor invoices during the time period from Mobilization NTP until one day prior to the Go-Live NTP:

A. Mobilization Period invoices are due by the 15th of each month for the previous month’s services.

B. Mobilization Period Invoices will be calculated as follows:

1) One half (1/2) of the total mobilization cost will be divided into equal monthly payments throughout the mobilization period and invoiced

Monthly.

2) One half (1/2) of the total mobilization cost will be divided equally among the CDRLs due during the mobilization period, and the

Contractor may invoice for each CDRL approved during the reporting

Mobilization period.

D. Payment for CDRLs will only be made upon completion and acceptance of the CDRL.

3.3.2.2 Operations Monthly Invoicing (Go-Live NTP date through expiration of

Contract)

A. The first day of the month to the last day of the month is the “Operating

Month”. MDOT MTA approval is required for any variation invoicing outside of the operating month.

B. All Invoices shall include all backup as required and shall include an unlocked MS Excel workbook titled “Monthly Statement of Cost.xlsx” detailing all costs submitted on the invoice.

C. All Invoices and backup documents shall be emailed to the Contract

Monitor and any additional persons authorized by the Contract Monitor.

3.3.2.3 Invoicing by Pricing Type

A. Annual Pricing - For items of work, including Key and Support Staff, for which there is annual pricing (see Attachment B–2 Financial Proposal

Form) those items shall be billed in equal monthly installments for the

Maryland Transit Administration Page 4 applicable Contract year in the month following the performance of the services.

B. One Time Pricing - For items of work for which there is one-time pricing

(see Attachment B–2 Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the Department.

3.3.2.4 Personnel Invoicing

A. Key and Support Staff Invoicing - All invoices shall be accompanied by certified payroll affidavit detailing each person (Key Personnel and

Support Personnel) listed by name and the hours worked by each person during the reporting period. The Contractor shall not invoice for any position that is deemed vacant during the month., in accordance with

Section 3.1.6.6 of the Scope of Work. A position shall be deemed vacant if it is not filled for greater than 10 calendar days.

B. All other positions are considered time and material and shall be accompanied by a certified payroll affidavit detailing each person’s employee name, job title, rate, straight time hours, overtime hours.

3.3.2.5 Two Invoice Submission process

A. Draft Invoice

1) Draft Invoices are due to the Contract Monitor by the 15th of each month following the operating month and title DRAFT Invoice.

2) The draft invoice will be reviewed by MDOT MTA for accuracy, required back up documents, etc.

3) If MDOT MTA finds errors, those errors will be emailed back to the

Contractor for correction.

B. Final Invoice

1) Contractor will correct errors reported by MDOT MTA and submit a clean FINAL INOVICE to include all back up and the final “Monthly

Statement of Cost” in an Excel Spreadsheet

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

Contract;

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

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

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

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.3.4 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment N.

3.3.5 Liquidated Damages Other Than MBE

Liquidated Damages/Incentives will be calculated in accordance with Appendix 2

MARC Camden and Brunswick Operations and Maintenance Scope of Work, Section 8, Liquidated Damages and Incentives Calculations.

3.4 Disaster Recovery and Data

The following requirements apply to the Contract.

3.4.1 Redundancy, Data Backup, and Disaster Recovery

A. Unless specified otherwise in the RFP, the Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, the Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

B. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

C. The contingency and DR plans must be designed to ensure that services under the

Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

D. Such contingency and DR plans shall be available for the Department to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.4.2 Data Export/Import

A. The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) Perform a full or partial import/export of State data within 24 hours of a request;

or

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2) Provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

B. Any import or export shall be in a secure format per the Security Requirements.

3.5 Insurance Requirements

3.5.1 MDOT MTA Provided Insurance

A. The MDOT MTA shall procure and maintain for the duration of this Contract, liability insurance, with combined single limits for bodily injury and property damage of at least $500,000,000 per occurrence. Limits are agreed upon for access and use of certain railroad properties by both CSXT and Amtrak. MTA insurance

(self-insurance and excess layer insurance policies $5,000,000) shall not cover

Contractor's or Sub-contractor's employer's liability for injury to Contractor's and

Sub-contractor's employees for which Contractor is responsible, and it is specifically agreed that self-insurance provided by the MTA shall not apply to any liability for personal injury, death, or property damage, that is caused by the willful misconduct of the Contractor. The Contractor shall be named as an additional insured for the aforementioned liability insurance. MTA’s self-insurance is governed by the following definition. “Willful Misconduct” is conduct for which there is clear and convincing evidence, as determined by agreement of the Parties or an agreed upon dispute resolution process, that the liability arises out of an act or omission by the

Contractor in which an employee of the Contractor (Including employees of the

Contractors agents and subcontractors) has a specific awareness of a condition or situation, knows (or should know based on training required for his or her position) that failure to respond to such condition or situation presents a significant danger to persons, and, without regard to likelihood that serious injury will result, consciously elects not to respond to this condition or situation in a manner that will avoid the danger.

B. The MDOT MTA shall procure and maintain for the duration of this Contract property physical damage insurance covering the rolling stock (including locomotives) owned by, used by, borrowed by, leased by, or rented by the MTA against all risks of physical damage usually covered in a railroad property insurance policy. MTA's property physical damage insurance shall carry limits sufficient to cover the value of MTA's rolling stock used in the MARC Commuter Rail Service.

The Contractor shall be named as an additional insured with respect to its interest in the MTA's property rolling stock in the Contractor's care, custody, and control. A copy of this policy shall be provided to the Contractor upon request.

C. Property (other than rolling stock noted above) owned by MTA and in the care, custody, or control of, or used by the Contractor with the MTA's authorization in performing the work, shall be covered by MTA insurance (self-insurance and excess layer insurance policies), and it is specifically agreed that self-insurance provided by the MTA shall not apply to any liability for personal injury, death, or property damage, that is caused by the willful misconduct of the Contractor.

3.5.2 Contractor Provided Insurance

A. The Contractor shall procure and shall maintain, and shall require its contractors and subcontractors (of any tier) performing activities hereunder to procure and maintain insurance which shall protect MDOT MTA, the State of Maryland, their officers, Maryland Transit Administration Page 7 agents, employees, invitees, successors, and assigns from claims which may arise out of, or as a result of the Contractor’s performance of the work hereunder, whether such activities be by the Contractor or subcontractor, by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

B. MDOT MTA shall reserve the right of adjusting any or all liability limits immediately, if there is any federal, state or local law approved that impacts any service or operation under this Contract. At option renewals MTA shall reserve the right to make any necessary adjustments to the required insurance coverages and limits due to operating and market changes.

C. No act or failure to act by MTA with respect to the furnishing or content of these certificates shall be construed as a waiver of the Contractor's obligation to maintain required insurance. In furtherance of this obligation, the Contractor shall procure and maintain at least the minimum levels of insurance coverage as set forth in Insurance

Types.

D. Subcontractor Insurance

The Contractor shall require Subcontractors at any tier performing work for this contract to provide insurance to the same levels as required by the Contractor prior to the performance of Work. The Contractor shall assure that it has furnished the

MTA with current Certificates of Insurance meeting the requirements of Section

3.5.3 for each such Subcontractor five (5) days before the Subcontractor begins its work. The Contractor shall ensure that each Subcontractor's insurance complies with

Section 3.5.3.

E. Self-Insurance

1) A Proposer or proposed Sub-contractor. as appropriate. may not self-insure without MTA's prior written approval.

2) For a Proposer and any proposed Sub-contractor that wishes to self-insure. the

Proposal shall contain a request that identifies which type(s) of insurance to be self-insured and shall include the information described in this paragraph. If

Proposer is proposing self-insurance for any portion of the insurance required in the RFP, Proposer shall provide to MTA evidence satisfactory to MTA (in

MTA's sole discretion) of its ability to satisfy any claims that are presented and required to be paid that will be covered by that self-insured amount. Such evidence may include documentation of:

▪ A segregated cash reserve sufficient to pay for claims that Contractor will be required to pay, which reserve is to be replenished regularly throughout the term of the contract in order to ensure Contractor's ability to make such payments; or,

▪ sufficient working capital that will be available during the term of the

Contract both to fund operations and to satisfy any such claims that will be the responsibility of Contractor to pay; or,

▪ a non-revocable parental guaranty, coupled with demonstration of the parent company's capacity to pay for any such claims at any time during the term of the Contract; or,

▪ a revolving letter of credit in an amount equal to the amount of the proposed self-insurance, which letter of credit shall be replenished throughout the term

Maryland Transit Administration Page 8 of the contract in the event of a payment out of the letter of credit for any such claim that will be the responsibility of Contractor; or,

▪ such other documentation of proposer's ability to fulfill the payment obligation related to the self-insured amount as may be satisfactory to MTA in

MTA's sole discretion.

• Moreover, the Contractor will permit MTA to request assurances from time to time, in such form as MTA may require in its sole discretion, of Contractor's continuing ability to satisfy the payment obligations in the self-insured retention amount. If MTA does not approve self-insurance, or if the assurances of Contractor's ability to fund the self-insured amount during the term of the contract are not satisfactory to MTA in its sole discretion. then the

Contractor and/or sub-contractor must procure the required insurance from third party insurers.

• The requirements of above also apply to a Contractor and any of its

Subcontractors or proposed Sub-contractors that wish to self-insure.

3.5.3 Insurance Types

The Contractor shall procure and provide the following insurance types as specified in this section.

[X] Commercial General Liability Insurance. Insurance Services Office Form CG 00

01 covering CGL on an “occurrence” basis with minimum limits of $5,000,000 per occurrence. Commercial General Liability limits may be satisfied by

Umbrella/Excess insurance as long as the policy drops down to become primary should the underlying limits be exhausted. Coverage shall be primary and noncontributory. The coverage shall include:

[X] Personal and Advertising Injury coverage

[X] Products and Completed Operations coverage

[X] Independent Contractors coverage

[X] Terrorism coverage

[X] XCU coverage (explosion, collapse, and underground hazards)

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

[X] Additional Insured Endorsement naming MDOT MTA

[X] Waiver of subrogation rights in favor of MDOT MTA

[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. Policy shall be endorsed to grant waiver of subrogation in favor of MDOT MTA.

[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

Maryland Transit Administration Page 9 non-owned motor vehicle. MDOT MTA shall be added as an additional insured on the policy.

[X] Umbrella and/or Excess Liability Insurance containing coverage no less restrictive than that required in the underlying policies specified above. The required primary insurance shall be listed as underlying coverage in the first layer umbrella policy. The umbrella policies shall contain a minimum total occurrence and aggregate limit of

$5,000,000. Policy shall be written on an occurrence basis and follow form.

[X] Railroad Protective Liability Insurance (hereinafter “RRPL”) issued to MDOT

MTA as the Named Insured with minimum limits of $5,000,000 per occurrence, $10,000,000 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 MDOT 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.

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

Consultant’s Contractor's profession with limits not less than $5,000,000 per occurrence or claim, $5,000,000 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.

[X] Contractor’s Pollution Liability Insurance with minimum limits of $5,000,000 per occurrenceclaim 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.

3.5.4 Insurance Company Qualifications

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

A. Acceptable to the MDOT MTA.

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

C. Must be rated a minimum of A- VIII or better by AM Best rating service.

3.5.5 Policy Requirements

A. The recommended Contractor awardee shall deliver to the MDOT MTA Procurement

Officer and Contract Monitor within ten (10) Days from the date of the Letter of

Intent accurate and true Certificates of Insurance (CDRL 001) that show:

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

2) The Maryland Department of Transportation and Maryland Transit

Administration have been named as an additional insured:

Maryland Department of Transportation and

Maryland Transit Administration

6 St. Paul Street 7th Floor

Baltimore, MD 21202

3) Evidenced by policy endorsement, the policies shall not be canceled, terminated or modified without 30 days prior written notice to the MDOT MTA

Procurement Officer and Contract Monitor. 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. An endorsement for Notice of Cancellation is required. In the event an endorsement for Notice of Termination and/or Notice of Modification is unavailable, the

Contractor shall be required to notify MDOT MTA of any termination and/or modification within 10 days of the Contractor receiving notice of termination and/or modification.

4) Each policy where permitted by law, shall be endorsed to include a waiver of subrogation in favor of the Additional Insured.

5) Coverage afforded the Additional Insured shall be primary and noncontributory.

B. The Contractor shall require that any Subcontractor(s) providing services under this

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

Procurement Officer and Contract Monitor with copies of the Subcontractor

Certificates of Insurance (CDRL 002) and all documentation as is required of the

Contractor. This requirement may be satisfied by the Contractor naming

Subcontractor(s) as Additional Insured(s) on the Contractor's insurance policies.

3.6 Security Requirements

3.6.1 Employee Identification

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

Contractor Personnel shall provide additional photo identification.

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

State badge issuance.

C. The Contractor shall also coordinate with the Contract Monitor to obtain State Issued

ID badges.

D. 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.

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

3.6.2 Security Clearance/Criminal Background Check

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A. A security clearance is not required for Contractor Personnel assigned to the

Contract.

B. A criminal background check for any Contractor Personnel providing MARC Train

Camden and Brunswick Operations and Maintenance services shall be completed prior to each Contractor Personnel providing any services under the Contract.

C. The Contractor shall obtain at its own expense a Criminal Justice Information System

(CJIS) State and federal criminal background check, including fingerprinting, for all

Contractor Personnel listed in sub-paragraph B. This check may be performed by a public or private entity.

D. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final.

The State reserves the right to refuse any individual Contractor Personnel to work on

State premises, based upon certain specified criminal convictions, as specified by the

State.

E. The Criminal Justice Information System (CJIS) State and federal criminal background check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

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

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

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

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

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

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

F. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in

Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the

Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

3.7 Problem Escalation Procedure

3.7.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP)

(CDRL 003) 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.

3.7.2 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.

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3.7.3 The Contractor must provide the PEP within ten (10) calendar days from the date of the

NTP Mobilization. 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) calendar 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

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

PEP.

3.7.4 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.

3.8 SOC 2 Type 2 Audit Report

This section is inapplicable to this RFP.

3.9 Experience and Personnel

3.9.1 The following experience is expected and will be evaluated as part of the Technical

Proposal (see Offeror experience, capability and references evaluation factor from

Section 6.2). Offerors not possessing this experience will be technically ranked lower:

A. The Offeror shall have demonstrated relevant experience with commuter and/or intercity railroad industry services and applications including all maintenance functions. Experience must be commensurate with the capacity to manage and operate railroad operations similar in size and complexity to the MDOT MTA

MARC service. As examples, the Offeror shall provide with its Technical Proposal a written description of at least three (3) projects (contracts) similar in size, scope, and complexity to the requirements outlined in the Scope of Work of this RFP. Examples may include on-going contracts or contracts which have been completed within the last five (5) years.

B. The description for each project shall include the following:

1) Name and location of the contracting organization

2) Information about the contracting organization including but not limited to number of vehicles, ridership, etc.

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3) Brief description of how the project is relevant to this Scope of Work

4) Responsibility of your organization

5) Total cost of the project

6) Dates of Notice to Proceed and start of services

7) Description of all services provided

8) The name, address, telephone number and email address of a person knowledgeable of the firm’s work on the project. The references must be current as not being able to be reached by the evaluation committee will result in no reference.

C. If an Offeror is proposing as a partnership or joint venture, the same relevant experience, descriptive examples, and professional references are required as outlined in Sections A and B above.

D. If an Offeror is proposing the use of subcontractors, the Offeror shall demonstrate that the proposed subcontractor has at least five (5) years of specialized experience and technical competence related to the portion of work they will be responsible for.

The Offeror shall provide with its Technical Proposal the following for each sub-firm on the Offeror’s team:

1) Brief description of how the recent project is relevant to this Scope of Work

2) Responsibility of the proposed subcontractors identifying only the work completed by the proposed parties

3) At least two (2) customer references to demonstrate that similar and relevant work has been performed successfully in the past. Include the reference’s

(organization) name and address, and the name address and email address of a current employee who is familiar with the subcontractor’s work. Combined references should cover work spanning all service expertise identified in the

Scope of Work.

4) Provide a primary-subcontractor organizational structure detailing the relationships and chain of command for the proposed project team. Identify which subcontractors are Minority Business Enterprises (MBEs) that are being used to meet the MBE goals of this solicitation.

5) If during the Contract Term, a subcontractor needs to be added, the request will go to the Contract Monitor with all the same information required. The Contract

Monitor will notify the Procurement Officer of the addition/change for licensing in the State and State Tax verification. If the subcontractor is one required to meet the MBE goals, the Prime Contractor shall also contact the MDOT MTA

Office of Equal Opportunity.

E. The Offeror shall demonstrate financial stability and responsible business practices for all organizations proposed as part of this proposal (including their own organization). The Offeror shall provide the following to demonstrate corporate health:

1) Identify the business name, business address, telephone number and Chief

Executive Officer for each organization on the Offeror’s Team as follows:

a) For Sole Proprietorship and Limited Liability Companies, list the names and addresses of the owners

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b) For Partnerships, list the names and addresses of the partners

c) For Corporations, list the names of officers and directors and state of incorporation

d) For Joint Ventures, list the names and addresses of each member of the joint venture and if any member is a corporation or partnership, list the same information required for Corporations and Partnerships

2) How many years each of the organizations that make up the proposed team have been in business

3) Provide the last full fiscal year independent auditor’s or accountant’s financial statement

4) Provide each firm’s current commuter rail service maintenance and operations portfolio

5) Have any organizations on the proposed team, or any officer or partner thereof, failed to complete a contract according to the original contract schedule within the past five (5) years? If so, provide the details.

6) Have any organizations in the proposed team been involved in any litigation related to the delivery of commuter rail services within the past five (5) years? If so, provide the details.

7) Have any organizations in the proposed team had a claim made against a performance bond? If so, provide the details.

3.9.2 Personnel Experience

The following experience is expected and will be evaluated as part of the Technical

Proposal (see the capability of proposed resources evaluation factor from Section 6.2)

Offerors proposing personnel not possessing this experience will be ranked technically lower:

A. The Offeror shall propose the following responsible and experienced individuals to serve as Key Staff as specified in Appendix XX MARC Operations and Maintenance

Scope of Work Section Appendix 2, MARC Camden and Brunswick Operations and

Maintenance Scope of Work Section 3.1.2:

1) Mobilization and Transition Manager

2) General Manager

3) Safety and Claims Manager

4) Training and Regulatory Compliance Manager

5) Finance Manager

6) Railroad Operations Superintendent

7) Chief Mechanical Officer

8) Asset Material Manager

9) Maintenance of Way (MOW) Manager

10) QA/QC Manager

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B. For each of the Key Staff positions above, provide a biography, which should include, at a minimum, the following information:

1) A detailed description of the relevant qualifications and experience of each of the individuals identified above.

2) Information about the Key Staff personnel’s current projects or to which the Key

Staff is currently committed, including:

a) Name and address of the customer

b) Contract price

c) Kind of product and/or service being provided

d) Location of work; and

e) Percent complete and expected completion date

3) The Key Staff’s role in the project

4) Two (2) current references from the most current projects including company name, current contact person, address, email address, and phone number.

3.9.3 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

3.10 Minority Business Enterprise (MBE) Reports

This solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

A. Submit the following reports by the 10th of each month to the Contract Monitor and the

Administration’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D MDOT MBE

Form F) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made;

and

2) (If Applicable) An MBE Prime Contractor Report (Attachment D MDOT MBE Form

G) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

B. Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D

MDOT MBE Form H) by the 10th of each month to the Contract Monitor and the

Administration’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

C. Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all

MBE participants must be retained by the Contractor and furnished to the Procurement

Officer on request.

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D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the

MBE participation obligations. The Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

E. Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

3.11 Veteran Small Business Enterprise (VSBE) Reports

This section is inapplicable to this RFP.

3.12 Work Orders

This section is inapplicable to this RFP.

3.13 Additional Clauses

3.13.1 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.

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4 Procurement Instructions

4.1 Pre-Proposal Conference

4.1.1 A Pre-Proposal Conference (Conference) and site visits to MARC facilities will be held at the date, time, and location indicated on the Key Information Summary Sheet (see page iii). The site visits to MARC facilities will require three (3) consecutive days.

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 its Proposals. This is the only opportunity that will be made available for Offerors to visit MARC facilities.

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