TU-2625_Third_Party_Elevator_Inspection_Services_FINAL.pdf

Competitive Simplified Procurement

Rev. 8.16.23

Procurement

TU-2625 – Third Party Elevator Inspection Services - towson.edu/procurement Page | 1

SOLICITATION ISSUE DATE: June 8, 2026, SOLICITATION TITLE: Third Party Elevator Inspection Services

SOLICITATION NO.: TU-2625

DESCRIPTION: To provide Towson University with Third Party Qualified Elevator Inspection Services for all vertical units across its campus.

PRE-BID/PROPOSAL CONFERENCE: June 16, 2026, at 10:00 AM, Room AD4126 Procurement Conference Room located at 7720 York Rd, Towson, MD 21252. If you wish to request ADA accommodation, please contact (410) 704-2171 for additional information. Link to attend the pre-bid meeting:

https://towson.webex.com/towson/j.php?MTID=m3a26701aef1db9087c2bfdec77cd14ef

Meeting number (access code): 2300 622 8041 Meeting password: WWvQWMd4J23 Join by phone : 1-408-792-6300, 1-877-668-4490

Please RSVP emailing screek@towson.edu and attaching Exhibit P, two (2) business days in advance of the meeting date is preferred. Registration for the meeting is required.

DEADLINE FOR QUESTIONS: June 22, 2026, at 2:00 PM Eastern Time

BID DUE DATE AND TIME: June 29, 2026, at 2:00 PM. Late bids, late requests for modification, or requests for withdrawal will not be considered.

BID SUBMISSIONS: Bids shall be submitted via email to bids@towson.edu. This e-mail address is for the receipt and storage of authorized Bids only. Bids must be submitted electronically no later than the bid due date and time indicated. Bids that are incomplete or that deviate from the format required in this section may be rejected.

ISSUING OFFICE

Procurement Department Procurement Officer Representative: Shanae Creek Email Address: screek@towson.edu Phone Number: 410-704-3486 Towson University 8000 York Road Towson, MD 21252

DIRECT QUESTIONS TO: Shanae Creek via email at screek@towson.edu

PROCUREMENT METHOD: This solicitation will be conducted in accordance with the University System of Maryland’s (USM) Procurement Policies and Procedures, Competitive Simplified Procurement.

BASIS FOR AWARD: Award will be made to the responsible bidder who submits the responsive bid determined to be most advantageous to the University.

https://towson.webex.com/towson/j.php?MTID=m3a26701aef1db9087c2bfdec77cd14ef mailto:screek@towson.edu mailto:bids@towson.edu

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PARKING: All vehicles parked on Towson University property must strictly observe University parking regulations. Each vehicle parked on campus between 6 am and 8 pm, Monday through Thursday, and from 6 am to 3 pm on Fridays, must obtain a valid University permit unless parked at a paid meter. Parking on sidewalks or unpaved areas is prohibited at all times. All fines for parking or other vehicle violations are the responsibility of the Contractor. This applies to vendors, salespersons, company vehicles, and Contractor employees’ personal vehicles. Long- and short-term permits are available, at designated rates, for vendors with contracts that require them to park regularly on the campus; see the parking website at https://www.towson.edu/parking/visitors/ for permit rates and information to support preparation of Bid/Price Proposal. Parking Transportation phone: (410) 704-7275. NOTE: Include parking fees in Bid/Price Proposal.

SMOKING: Smoking, defined as the burning of tobacco or any other material in any type of smoking equipment, including but not restricted to cigarettes, cigars or pipes, is prohibited on all property owned, leased or operated by the University. This consists of all buildings, including residence halls, leased restaurants and lodging facilities;

all grounds, including exterior open spaces, parking lots and garages, on-campus sidewalks, streets, driveways, stadiums, recreational spaces and practice facilities; and in all University-owned or leased vehicles. The policy applies to all individuals on the University campus, including faculty, staff, students, parents, vendors and visitors. Contractor and its employees and subcontractors who violate the policy may be denied access to the University campus.

INSURANCE: The Bidder shall secure, pay the premiums for, and keep in force until the expiration of the contract, and any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Bidder under the contract. Upon award, the successful Bidder shall furnish certificates of insurance.

1. Commercial General Liability Insurance including all extensions; $2,000,000 each occurrence;

$2,000,000 personal injury; $2,000,000 products/completed operations; and $2,000,000 general aggregate.

2. Workmen’s Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland.

3. If automotive equipment is used in the operation, automobile liability insurance of $1,000,000 combined single limit, each accident.

4. If food products are used in the operation, food products liability insurance, if not included in the Comprehensive, with limits of not less than $1,000,000 for each person and $2,000,000 for each accident.

Each policy for liability protection, bodily injury or property damage must specifically name, on its face, Towson University, as an additional named insured as respects operations under the contract and premises occupied by the Contractor provided, however, with respect to the Contractor’s liability for bodily injury or property damage under items 1-5. above, such insurance shall cover and not exclude Contractor’s liability for injury to the property of the University System and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University System.

Each insurance policy shall contain the following endorsements: “It is understood and agreed that the Insurance Company shall notify in writing procurement officer forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy.” A certificate of each policy of insurance shall be furnished to the procurement officer. With the exception of Workmen’s Compensation, upon the request of the procurement officer, a certified true copy of each policy of insurance, including the above endorsement, manually countersigned by an authorized representative of the insurance company, shall be furnished to the procurement officer. A certificate of insurance for Workmen’s Compensation together with a properly executed endorsement for cancellation notice shall also be furnished. Following the notice of contract award, the requested certificates and policies shall be delivered as directed by the procurement officer. Notices of policy changes shall be furnished to the procurement officer.

All required insurance coverages must be acquired from insurers authorized to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholders’ rating of “A-” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports.

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RESERVATIONS: The University reserves the right to reject any or all bids, award the contract in whole or in part, or to make no award, as its best interests may require.

PUBLIC INFORMATION ACT NOTICE

Bidder shall give specific attention to identification of those portions of its bid considered confidential, or containing proprietary information or trade secrets. Upon request, bidder shall provide justification why such material should not be disclosed by the University under the Public Information Act, General Provisions Article, §§ 4-401 et seq., Annotated Code of Maryland.

OPENING OF BIDS

A public opening will be held at the date, time and location noted on the Key Information Summary Sheet.

INCLUDED IN THE BID PACKAGE:

Scope of Work Exhibit A-1 – EH&S Requirements Exhibit A-2 – Required Contract Provisions for Construction and Maintenance Exhibit B – Bid Affidavit Exhibit F - Company Profile Exhibit G – Firm Experience Exhibit K – Addenda Acknowledgement Exhibit L – Key Personnel Form Exhibit P – Pre-Bid/Proposal Conference Response Form Exhibit R – Conflict of Interest Affidavit and Disclosure Exhibit S - Bid/Pricing Form

BID SUBMITTAL: The following items shall be submitted:

Exhibit B – Bid Affidavit Exhibit F - Company Profile Exhibit G – Firm Experience Exhibit K – Addenda Acknowledgement (if applicable) Exhibit L – Key Personnel Form Exhibit R – Conflict of Interest Affidavit and Disclosure Exhibit S – Bid/Pricing Form

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CONTRACTORS REQUIREMENTS: SCOPE OF WORK

The Intent of the Contract is to provide Towson University with Third Party Qualified Elevator Inspection Services for all vertical units across its campus. The selected third party elevator inspection service provider (“the contractor”) shall conduct comprehensive inspections and witness testing of all vertical units and related systems, in accordance with Maryland laws and regulations, The TPQEI will be responsible for submitting inspection reports to the Commissioner of Labor and Industry documenting that the witnessed tests and inspections have been performed, as required by Safety Code and ASME A17.1. A copy of these inspection reports should also be provided to Towson University.

The comprehensive inspections and observation of tests shall include, but may not be limited to, the following:

• Annual category 1 tests

• 5-year category 5 tests

• Annual fire service tests

• Annual emergency power tests

• Re-inspection of documented safety violations

Comprehensive inspections and observation of tests for related systems to be performed with assistance from the university’s elevator, generator, and fire alarm maintenance contractors.

Testing Ranges

Elevator Types

• Traction o Annual Test: 38-55 per year o 5-Year Test: 3-20 per year

*Cost per traction elevator and total for the inspector to witness 55 annual tests

*Cost per traction elevator and total for the inspector to witness 20 5-year tests

• Hydraulic o Annual Test: 33 per year o 5-Year Test: n/a

*Cost per hydraulic elevator and total for the inspector to witness 33 annual tests

• Vertical Platform Lift o Annual Test: 4-7 per year o 5-Year Test: 0-3 per year

*Cost per vertical platform lift and total for the inspector to witness 7 annual tests

*Cost per vertical platform lift and total for the inspector to witness 3 5-year tests

• Dumbwaiter o Annual Test: 0-1 per year o 5-Year Test: 0-1 per year

*Cost per dumbwaiter and total for the inspector to witness 1 annual test *Cost per dumbwaiter and total for the inspector to witness 1 5-year test

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The Third Party Elevator Inspection Services contractor must be able to work as a single, coordinated team with Towson University and its elevator, generator, and fire alarm system maintenance contractors. All parties involved will mutually agree to all dates and times of inspections and tests. TU desires to have single point of contact with the successful bidder for this project. The individual shall be identified at the award of the contract, along with the name of the backup person.

1. Qualifications and Certifications Certification from a recognized body such as the National Association of Elevator Safety Authorities

(NAESA) International or the American Society of Mechanical Engineers (ASME) is required. *As proof of meeting the requirements provide the above certifications

Possess a valid and current license to perform elevator inspections in the state of Maryland.

Employ certified elevator inspectors with a minimum of five years of experience in elevator inspection and maintenance.

Exhibit L – Key Personnel Form

2. Inspection Standards

All inspections must be conducted in accordance with the latest versions of the following standards and regulations:

ASME A17.1 Safety Code for Elevators and Escalators

ASME A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks

ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts

Local and state building codes and safety regulations

Occupational Safety and Health Administration (OSHA) requirements

3. Scheduling and Coordination

The contractor must coordinate all inspections with the designated TU facilities management representative to minimize disruption to building operations.

Inspections should be scheduled 3 months in advance and be completed a minimum of 2 weeks in advance of the validation date on the certificate of registration and inspection.

The contractor must adhere to the agreed-upon schedule and notify the designated facilities management representative of any changes or delays promptly.

TU is not responsible for costs associated with inspections if its elevator, generator, and/or fire alarm system maintenance contractors are no-shows for the agreed upon test dates.

4. Reporting and Documentation

The contractor must maintain accurate records of all inspections and tests performed, including dates, findings, and any corrective actions taken.

Provide clear, concise, and comprehensive inspection reports and detailed descriptions of any deficiencies or violations found, recommendations for corrective actions, and a timeline for compliance.

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Any immediate safety hazards identified during the inspection must be reported to the TU designated facilities management representative immediately.

All reports should be submitted electronically to 3rdparty.reports@maryland.gov and mtemmel@towson.edu within five (5) business days of the inspection date. A hard copy of the report should be secured inside the elevator machine room, control room, or in the hoistway.

5. Invoicing

Progress payments to the Contractor, pursuant to this contract, shall be made in accordance with the accepted schedule of values, no later than 30 days after the University’s receipt of a proper invoice from the Contractor. All invoices shall be submitted upon completion and acceptance of work to StraTUsAPinvoices@towson.edu, Towson University, Accounts Payable Department as instructed on the Purchase Order.

1. Each invoice must clearly state the following:

a. Purchase Order Number and Contract Number TU-2625

b. Date work was started and completed

c. Description of work completed

d. Contractor Federal Tax ID number

6. Confidentiality and Professional Conduct

The contractor shall maintain confidentiality regarding any proprietary or sensitive information encountered during the inspections.

All interactions with building occupants and staff should be conducted in a professional and courteous manner

7. Administration

1. Contract Period: The period of this contract shall be for a base period from October 1, 2026, through September 30, 2029, with two-one year renewal option periods. The total duration of this contract shall not exceed five years.

2. Working Hours: All work will be completed Monday through Friday from 7:00am to 3:30pm with exceptions. These exceptions may include buildings containing only one elevator or buildings where activities may prevent work from taking place during normal work hours.

mailto:3rdparty.reports@maryland.gov mailto:mtemmel@towson.edu

Exhibit A-1 Environmental Health & Safety Requirements

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

The Contractor must contact the TU's Department of Environmental Health and Safety (EHS) (410-704-2949) immediately following any spill of a hazardous material in excess of one (1) quart.

1. Occupational Safety And Health Act (O.S.H.A.)

All materials, supplies, equipment, or services supplied as a result of this Contract shall comply with the applicable US and Maryland Occupational Safety and Health Act standards.

2. Hazard Communication Standard The Contractor will be responsible for advising all of its employees of their rights under the University's Hazard Communication Program, or more commonly referred to as the Right To Know (RTK) Program. The University will supply the vendor with sufficient copies of its Employee Safety Program (ESP) booklet which outlines this program. Each and every Contractor who physically works on campus shall be required to sign a form acknowledging the receipt of the ESP booklet and their rights/responsibilities pursuant to this program. The University's Department of Environmental Health and Safety is responsible for administering the RTK program and will handle all information regarding this program. Failure to adhere to the requirements of the RTK Program may result in implementation of punitive action such as the cancellation of the contract(s).

Pursuant to the provisions of the RTK Program, the Contractor will be responsible for the following:

a. Submission to the Contract Services Office and EHS of a complete list of all chemicals or chemical products to be used on the University's property. This listing shall include the chemical name, common name, manufacturer's name, quantity and location (building and room number) for each product. This listing shall be given to EHS by no later than two

(2) weeks prior to the start of any work under this contract.

Changes, additions, or deletions to the complete campus chemical list must be submitted in writing five (5) working days prior to the actual change occurring. All proposed changes must be approved in writing by EHS prior to the actual use of the new product on campus.

b. Submission to the Contract Services Office and EHS of the manufacturer's Material Safety Data Sheet (MSDS) for all chemicals or chemical products to be used or in use at the University. These MSDS must be delivered, no later than two

(2) weeks prior to the start of any work under this contract.

There must be a MSDS for every product in use or present on the campus unless exempted in writing by EHS. MSDS's for any changes or additions to the complete campus chemical list must be submitted five (5) working days prior to the actual change occurring. All proposed changes must be approved in writing by EHS prior to the actual use of the new product on campus. The University, through EHS, reserves the right to order a change in the use, storage, or method of handling of any chemical/chemical product that it feels poses an unreasonable hazard to the University's community.

NOTE: In the absence of the original manufacturer's MSDS, EHS will accept a generic equivalent as long as a letter from the Contractor stating that the original is not available is attached.

c. The Contractor must warrant in writing to Towson University’s Contract Administrator that all employees have been trained and will continue to be trained in the proper and safe storage, handling, use and disposal of all chemicals/chemical products in use.

d. The Contractor agrees to obey and follow all local, state, and federal regulations regarding the storage, handling, use and disposal of all chemicals/chemical products. The Contractor agrees to properly dispose of all regulated waste in accordance with all applicable regulations and to make available to EHS all records necessary to support such activity.

3. Asbestos The Contractor is responsible for training and equipping all personnel concerning work in asbestos environments as applicable. They must be trained as prescribed by COMAR

26.11.21. All new employees must be trained within 30 days

after they are hired by the Contractor. This is to be accomplished at no additional cost to this contract or the University. An initial report on all employees as to their asbestos training will be presented to the Contract Administrator within the first 90 days of the Contract and updated on a monthly basis. Thereafter, failure to comply with this requirement would place the Contractor in default status.

4. Lead Paint The Contractor is responsible for training and equipping all personnel concerning work in lead paint containing environments as applicable. Employees must be trained as required within 60 days of contract commencement and all new employees must be trained within 30 days after they are hired by the Contractor. This training will be provided by the Contractor at no additional cost to this contract or the University. An initial report on all employees as to their lead paint training will be presented to the Contract Administrator within the first 90 days of the contract and updated on a monthly basis. Thereafter, failure to comply with this requirement would place the Contractor in default status.

5. Fire Safety The Contractor agrees to comply with and follow all local, state, federal and University regulations regarding fire safety.

It is the Contractor's sole responsibility to become familiar with all of the applicable regulations and policies. Copies of the University's policies and procedures are available from EHS.

The Contractor will be responsible for the following:

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

a. To provide all of its employees with sufficient training to ensure that they are fully aware of all pertinent regulations and policies in effect regarding fire safety.

b. To ensure that all of its employees are aware of and react to the University's Emergency Procedures including, but not limited to, fire drills and evacuations. All employees must be instructed on the proper personnel to call to report an emergency.

c. All portable electrical devices including extension cords should be disconnected at the completion of the work assigned. All electrical equipment must be approved by Underwriters Laboratory and maintained in good working order. Under no circumstances shall damaged electrical equipment be utilized on this campus.

d. After pulling the fire alarm, evacuate the building to a safe location and contact the University Police by dialing extension 42133 immediately. If using a pay phone, dial 911 direct.

e. SMOKING IS NOT ALLOWED IN ANY OF THE BUILDINGS. Any employee of the Contractor, who wishes to smoke during a designated break, must do so outside.

The Contractor is responsible for fully complying with TU Hot Works Permitting Program. A Hot Works Permit is required any time a Contractor is doing any work on campus involving an actual or potential source of ignition (e.g., arc or gas welding, torch cutting, brazing, open flame soldering, grinding, fired space heaters, etc.); or may potentially cause the activation of a building fire alarm system; or may cause building occupants to notify emergency response agencies about the smell of smoke, heat, etc.

Hot Works Permits are issued prior to the start of the work by EHS at 410-704-2949.

The Contractor assumes all responsibility for any work delays associated with noncompliance with the Hot Works Permit Program.

6. Bloodborne Pathogens The Contractor will be responsible for providing the required training dealing with occupational exposure to bloodborne pathogens. Employees who have received this training may be required to perform services in areas where they may be at risk of exposure to blood or other potentially infectious materials. Some responsibilities will include collection of domestic trash in areas that generate special medical waste, regular cleaning in these areas and spill response for accidents that occur on campus that involve blood. Employees must be informed on the potential hazards present in these areas and the proper protective measures that can be taken to prevent exposure. EHS is available to provide more information concerning the areas on campus where personnel are at risk of exposure.

7. Confined Space Entry The Contractor agrees to comply with all local, state and federal regulations pertaining to the entry into confined spaces. The Contractor is responsible for contacting the TU's Contract Services Manager in the Department of Facilities Management for the location of all campus-confined spaces and for identifying any confined space hazards prior to entry into a confined space. The Contractor is responsible for ensuring his/her workers and Subcontractors are adequately trained in confined space entry procedures in accordance with OSHA 1910.146, Permit Required Confined Spaces for General Industry.

The Contractor will provide the Contract Administrator with a written copy of their Confined Space Entry Plan (CSEP) for review and approval at least 5 working days in advance of the planned entry. Prior to work commencements, the Contractor will also certify in writing that all of his/her workers and Subcontractors have been trained in accordance with OSHA 1910.146, Permit Required Confined Spaces for General Industry. This certification will list all employees working on campus by name and social security number.

If the Contractor's CSEP is approved, the Contractor may utilize his/her CSEP for entering into campus confined spaces.

If disapproved, or if the Contractor does not have a written CSEP, the Contractor will comply with the University's CSEP.

Until such time as the Contractor provides written certification that all of his/her employees and Subcontractor employees working on campus have been adequately trained in confined space entry procedures, entry in TU confined spaces is strictly forbidden. Questions concerning TU CSEP should be directed to EHS.

associated with noncompliance with confined space regulations.

8. Respiratory Protection The Contractor agrees to comply with all local, state and federal regulations pertaining to the use of respiratory protection equipment. It is the Contractor's responsibility to ensure their workers are provided and wearing the appropriate respiratory protection device suitable to the hazard.

The Contractor will provide the Contract Administrator with a written copy of their Respiratory Protection Plan (RPP) for review and approval at least 5 workdays in advance of the planned entry. If approved, the Contractor may utilize his/her RPP while on campus. If disapproved, or if the Contractor does not have a written RPP, the Contractor will comply with the University's RPP. Questions concerning TU RPP should be directed to EHS at 410-704-2949.

associated with noncompliance with respiratory protection regulations.

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

9. Waste Disposal The Contractor is responsible for the removal and disposal of all non- hazardous waste products generated from his/her work on campus. All non-hazardous waste materials generated by the Contractor shall be removed from campus (unless otherwise specified) and disposed of in accordance with all applicable federal, state and county laws and regulations. The University reserves the right to require the use of a TU Non- Hazardous Waste Manifest for transport off campus of any University non-hazardous waste. The University also reserves the right to approve or disapprove the facility(ies) the Contractor utilizes for disposal of any University non-hazardous wastes (as necessary). All costs will be borne by the Contractor for the disposal of all hazardous or non-hazardous wastes, unless otherwise specified in the contract.

Under no circumstances is any Contractor's generated hazardous waste to be disposed of on campus. The Contractor is responsible for the removal and proper disposal of all his/her hazardous waste, in accordance with all applicable federal, state and county laws and regulations. Contractor's generated hazardous waste is waste resulting from their operations/equipment on campus when using Contractor owned/supplied materials/chemicals. Disposal costs for this will be borne solely by the Contractor.

The University routinely performs wastewater monitoring in accordance with its Industrial Wastewater Discharge Permit and routinely screens campus discharges for hazardous wastes. The Contractor will be held liable for any assessed penalties attributable to the improper discharge of hazardous wastes from campus facilities.

Contracts that require Contractors to transport and/or dispose of regulated hazardous materials (i.e., hazardous wastes) owned and/or generated by Towson University will be disposed of by Towson University Environmental Health & Safety utilizing existing University hazardous waste disposal contractors. The Contractor should contact EHS as soon as the hazardous wastes have been identified to coordinate the disposal.

All transportation and disposal costs will be paid by Towson University and then back charged to the Contractor.

Any questions concerning the disposal of hazardous or non-hazardous waste should be directed to EHS at 410-704-2949.

10. The Control of Hazardous Energy Source (Lock Out/Tag Out) The Contractor agrees to comply with all local, state and federal regulations pertaining to the control of hazardous energy sources. The Contractor is responsible for insuring his/her workers and any Subcontractors are adequately trained in Lockout/Tagout procedures in accordance with OSHA 1910.147, The Control of Hazardous Energy Sources (Lock Out/Tag Out).

The Contractor will provide the Contract Administrator with a written copy of their Lock Out/Tag Out policy (LO/TO) and/or procedures for review and approval at least five (5) working days in advance of the commencement date of the contract.

Prior to work commencement, the Contractor will also certify in writing that all of his/her workers and Subcontractors have been trained in accordance with OSHA 1910.147. This certification will list all employees working on campus by name and social security number.

If the Contractor's LO/TO is approved, the Contractor may utilize their LO/TO for work on hazardous energy sources. If disapproved, or if the Contractor does not have a written LO/TO, the Contractor will comply with TU LO/TO Policy/Procedures. Until such time as the Contractor provides written certification that all his/her employees and Subcontractors working on campus have been adequately trained in LO/TO procedures, work on hazardous energy sources is strictly forbidden. Questions concerning TU LO/TO Policy/Procedures shall be directed to EHS at 410-704-2949.

associated with noncompliance with the control of Hazardous Energy Sources regulations.

11. Wastewater/Sewer Discharge The University's Wastewater Discharge Permit strictly prohibits the disposal of waste chemicals and corrosives via the sanitary sewer system. NO waste chemicals (i.e., old, unused, excess, etc.), including, but not limited to, organic solvents and/or corrosives (pH less than or equal to 6 and greater than or equal to 10) will be disposed of on campus via the sanitary sewer system without advance written approval of the TU Department of Environmental Health & Safety (EHS).

The Contractor shall submit MSDS's for all waste chemicals they wish to dispose of in the sanitary sewer to EHS five (5) working days in advance for approval.

The University routinely performs wastewater monitoring in accordance with its Industrial Wastewater Discharge Permit and routinely screens campus discharges for waste chemicals and corrosives. The Contractor will be held liable for any assessed penalties attributable to the improper discharge of these materials from campus facilities.

The Contractor is subject to unannounced inspections of the chemicals their employees are using on campus. TU Department of Environmental Health & Safety will conduct these unannounced inspections.

12. Safety Training/Inspections/Meetings The Contractor is responsible to notify the Contract Administrator five (5) working days in advance of the date, time and location of their monthly safety meeting.

13. Materials No asbestos, lead, or PCB containing materials (0%) are to be utilized /installed on campus unless prior written approval has been received from the University's Department of Environmental Health & Safety (410-704-2949).

14. Stormwater Pollution Prevention/Prohibition of Illicit Discharges

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

No person shall cause or contribute discharge directly or indirectly into the Towson University municipal storm drain system or waterways any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

Refer to 06-20.00 – University Policy on Stormwater Illicit Discharge Detection and Elimination for additional information.

No person may improperly store, handle, use or apply any pollutant in a manner that will cause its exposure to rainfall, runoff and discharge into the Towson University municipal storm water drain system or campus waterways.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described:

a. The following discharges are exempt from discharge prohibitions:

water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), fire-fighting activities, and any other water source not containing pollutants.

b. Any discharges specified in writing by Towson University Environmental Health & Safety as being necessary to protect public health and safety.

c. Dye testing only with required verbal notification to Towson University Environmental Health & Safety [(410) 704- 2949 or safety@towson.edu prior to the time of the test.

d. The following discharges are exempt from discharge prohibitions: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire-fighting activities, and any other water source not containing pollutants.

15. Prohibition of Illicit Connections The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

This prohibition expressly includes, without limitation, any illicit connections made in the past. This is regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

16. Notification of Spills or Illicit Discharges Notwithstanding other requirements by law, as soon as any contractor has information regarding any known or suspected release of materials that result or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, campus waterways said person shall take all necessary steps to ensure the discovery, immediate containment, and cleanup of such release. In the event of a release of hazardous materials or upon observing an illicit environmental discharge immediately contact the Towson University Police Department (TUPD) at (410) 704-4444. In the event of a release of non-hazardous materials, notify Towson University Environmental Health & Safety in person or by phone [(410) 704-2949] or e-mail safety@towson.edu no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to Environmental Health & Safety, Towson University, 8000 York Road, Towson, MD 21252 within three business days of the phone notice.

17. Enforcement

a. Enforcement for student violators will follow the TU Office of Student Conduct and Civility Educations Code of Student Conduct.

b. Enforcement for University employees (Faculty and Staff) shall follow the Towson University Policy for discipline or termination Policy No. 07.05.25 – Disciplinary Action for Employees.

c. Enforcement for Visitors (Non-TU Faculty, Staff, Students or Contractors)

d. Individuals or Contractors, depending on the nature and severity of the violation, may be referred to MDE for prosecution for violation of federal and state laws and regulations.

e. Any fines, penalties, environmental monitoring or remediation expenses, etc., resulting from the illicit discharge, will be violator’s responsibility.

f. During normal University business hours (Monday- Friday, 8am- 4pm), contact EHS at (410) 704-2949 to report violations.

g. If the violator is still on the scene, they should also immediately contact TUPD at (410) 704-4444.

h. After normal duty hours, weekends and holidays, contact TUPD at (410) 704-4444 to report violations.

mailto:safety@towson.edu mailto:safety@towson.edu

Exhibit A-2 – Required Contract Provisions Construction & Maintenance (Simplified)

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

The provisions contained in this exhibit will be incorporated and be a part of the contract entered into between Towson University and any contractors as a result of this procurement.

01. Affirmative Action The Contractor and all subcontractors shall develop and maintain affirmative action plans directed at increasing the utilization of women and members of minority groups on State public works projects, pursuant to the Executive Order 11246 of the President of the United States of America and guidelines on Affirmative Action issued by the Equal Employment Opportunities Commission (EEOC) 29 C.F.R.

part 1608 and the Governor of Maryland's Executive Order 01.01.1993.16.

02. Amendments and Modifications The contract documents, as defined within the contract, constitute the entire agreement between the parties hereto.

All other communications between the parties prior to execution of the contract, whether written or oral, with reference to the subject matter of the contract are superseded by the agreement contained therein. No amendment of this contract shall be binding unless in writing and signed by the parties. Amendments may not significantly change the scope of the contract.

03. Civil Rights Act of 1964 Contractors providing materials, equipment, supplies or services to the State under the contract herewith assure the State that they are conforming to the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1988, the Civil Rights Act of 1991, and Section 202 of Executive Order 11246 of the President of the United States of America as amended by Executive Order 11375, as applicable.

04. Compliance with Laws The Contractor hereby represents and warrants that:

a. It is qualified to do business in the State of Maryland, and that it will take such action, as from time to time hereafter, may be necessary to remain so qualified;

b. It is not in arrears with respect to the payment of any monies and owing the State of Maryland, or any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;

c. It shall comply with all federal, State and local laws, ordinances applicable to its activities and obligations under the contract; and;

d. It shall procure, at its expense, all licenses, permits, insurance and governmental approval, if any, necessary to the performance of its obligations under the contract.

05. Compensation and Method of Payment Contractor agrees to include on the face of all invoices billed to the University, its Taxpayer Identification Number, which is the Social Security Number for individuals and sale proprietors and the Federal Employee Identification Number for all other types of organizations.

06. Confidentiality; dissemination of Information Contractor shall not release any information related to services or performance of the services under this Contract, nor publish any final reports or documents without the prior written approval of the University. Contractor shall indemnify and hold harmless the State and the University, its officers, agents and employees from all harm which may be incurred by reason of dissemination, publication, distribution or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by Contractor, its agents or employees.

07. Conflict of Interest Law It is unlawful for any State officer, employee, or agent to participate personally in his official capacity through decision, approval, disapproval, recommendation, advice, or investigation in any contract or other matter in which he, his spouse, parent, child, brother, or sister has a financial interest or to which any firm, corporation, association, or other organization in which he has a financial interest or in which he is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, is a party, unless such officer, employee, or agent has previously complied with the provisions of State Government Article § § 15-501 et seq. of the Annotated Code of Maryland.

08. Contract Modifications and Changes

a. The procurement officer unilaterally may, at any time, without notice to the sureties, if any, by written order designed or indicated to be a change order, make any change in work within the general scope of the contract, including but not limited to changes:

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the State-furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

b. Any other written order or an oral order, including a direction, instruction, interpretation or determination, from the procurement officer that causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the procurement officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order.

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement Revised 9/13/19 – JS/mlk

c. Except as herein provided, no order, statement, or conduct of the procurement officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder.

d. Subject to paragraph f., if any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under (b.) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required; and provided further, that in the case of defective specifications for which the State is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications.

e. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he shall, within 30 days after receipt of a written change order under a. above or the furnishing or written notice under b. above, submit to the procurement officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the University. The statement of claim hereunder may be included in the notice under b. above.

f. Each contract modification or change order that affects contract price shall be subject to the prior written approval of the procurement officer and other appropriate authorities and to prior certification of the appropriate fiscal authority of fund availability and the effect of the modification or change order on the project budget or the total construction cost. If, according to the certification of the fiscal authority, the contract modification or change order will cause an increase in cost that will exceed budgeted and available funds, the modification or change order may not be made unless sufficient additional funds are made available or the scope of the project is adjusted to permit its completion within the project budget.

g. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under the contract.

09. Contractor's On-Site Representative The Contractor is required to maintain on site at all times when the work is in progress on this project an individual who represents the Contractor, is responsible for the entire project, and can communicate in English with the University's representative.

10. Contractor’s Invoices Contractor shall include its Taxpayer Identification Number on the face of each invoice billed to the University. If a Purchase Order document is issued, the Purchase Order Number must be included.

11. Cooperation with University and State Representatives Before any of the work shall begin, the Contractor shall confer with the University's representative at the site and agree on a sequence of procedure, means of access to the premises, space for storage of materials and equipment, use of approaches, use of facilities, etc.

12. Cost and Price Certification The Contractor, by submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of a mutually determined specified date prior to the conclusion of any price discussions or negotiations for:

a. A negotiated contact, if the total contract price is expected to exceed $100,000 or a smaller amount set by the procurement officer; or

b. A change order or contract modification, expected to exceed $100,000 or a smaller amount set by the procurement officer.

c. The price under this contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current.

13. Default Delay and Time Extension Termination for Default — Damages for Delay — Time Extensions

a. If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the State may, by written notice to the Contractor, terminate his right to proceed with the work or the part of the work as to which there has been delay. In this event the State may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work the materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor's right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the State resulting from his refusal or failure to complete the work within the specified time.

b. If fixed and agreed, liquidated damages are provided in the contract, and if the State so terminates the Contractor's right to proceed, the resulting damage shall consist of such liquidated damages until a reasonable time as may be required for final completion of the work together with any increased costs occasioned the State in completing the work.

c. If fixed and agreed liquidated damages are provided in the contract and if the State does not so terminate the Contractor's right to proceed, the resulting damage shall

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement consist of these liquidated damages until the work is completed or accepted.

d. The Contractor's right to proceed may not be so terminated nor the contractor charged with resulting damages if:

(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

(2) The Contractor, within 10 days from the beginning of any such delay (unless the procurement officer grants a further period of time before the date of final payment under the contract), notifies the procurement officer in writing of the causes of delay. The procurement officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgement, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the "Disputes" clause of this contract.

e. If, after notice of termination of the Contractor's right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the…