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

Washington Suburban Sanitary Commission, MD

115581

URGENT REPAIRS, REHABILITATION, AND/OR REPLACEMENT

OF WATER AND WASTEWATER ASSETS

RELEASE DATE: August 26, 2026

RESPONSE DEADLINE: September 21, 2026, 2:00 pm

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

#115581

Title: Urgent Repairs, Rehabilitation, and/or Replacement of Water and Wastewater Assets

Table Of Contents

1. INTRODUCTION

2. CONTRACTOR QUALIFICATIONS

3. INSTRUCTIONS TO BIDDERS/OFFERORS

4. ADDITIONAL INSTRUCTIONS TO BIDDERS

5. SPECIAL CONDITIONS

6. INSURANCE REQUIREMENTS

7. BONDS REQUIREMENTS

8. SCOPE OF WORK

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

ENTERPRISE (SLBE) PROGRAMS

10. PRICING PROPOSAL

11. VENDOR QUESTIONNAIRE

12. ATTACHMENTS

Attachments:

A - WSSC Construction IDIQ Terms and Conditions

B - 00600 TOC Specs 2026

C - 01110 Summary of Work 2026

D - 01150 Site Conditions 2026

E - 01330 Submittal Procedures 2026

F - 01450 Quality Control 2026

G - 01500 Temp Facilities Controls 2026

H - 01570 Temp Erosion-Sediment Control 2026

I - 01630 Substitution Procedures 2026

J - 01770 Project Cleanup 2026

K - 02070 Geosynthetics 2026

L - 02230 Site Clearing 2026

M - 02370 Slope-Watercourse Protection 2026

N - 02441 Microtunneling 2026

O - 02445 Boring-Jacking 2026

P - 02446 Horiz Directional Drilling 2026

Q - 02510 Water Distribution System Contractor Furnishes All Materials 2026

R - 02511 Chlorination and Dechlorination 2026

S - 02512 Cleaning-Lining Water Mains 2026

T - 02533 Pressure Sewer System 2026

U - 02820 Fences-Gates 2026

V - 02315 Earthwork for Pipeline Construction 2026

W - 02510 Water Distribution System 2026

X - 02530 Sanitary Sewage System 2026

Y - 02920 Lawns-Grasses 2026

Z - 02930 Exterior Plants 2026

BB - 02950 Paving Requirements 2026

CC - 02955 Sewer Mains Lateral Rehabilitation by Lining 2026

DD - 02956 CCTV Inspection of Sewer Mains, Manholes and Laterals 2026

EE - 02957 Sewer Manhole Rehabilitation 2026

FF - 02958 Pipe Bursting 2026

GG - 02959 Sewer Main and Lateral Connection Sealing 2026

HH - 02960 Temporary Bypass Pumping System 2026

II - 03300 Cast-in-Place Concrete 2026

JJ - 03400 Precast Concrete Underground Structures 2026

KK - 04200 Masonry 2026

LL - 05500 Metal Fabrications 2026

MM - 13110 Cathodic Protection 2026

NN - 13112 Impressed Current Cathodic Protection for Water Sewer Pipelines 2026

OO - ESC Minor Utility Permit, Health and Safety Qualification Questionaire, and Example Health and

Safety Plan outline

PP - Sol Urgent Repairs Exmaple Invoice

QQ - Section I - General Notes_0

RR - Section II - Miscellaneous Details

SS - Section III - Sewer Details

TT - Section IV - Water Details

UU - Section V - Blocking Details

VV - Section VI - Corrosion Details

WW - Section VII - Pressure Sewer

XX - Section VIII - Sediment Control Details

YY - Section IX - Procurment and Manufacturing Details (1)

ZZ - OSHA Recordkeeping Forms (PDF Fillable)

AAA - SCENARIO 1 Valve Replacement Pkg R

BBB - SCENARIO 3 Sewer Replacement and SHC Pkg R

CCC - SCENARIO 2 Watermain Replacement Pkg R

DDD - Exhibit A - Company Experience Statement

EEE - Montgomery County Wage Determination_8.25.26

FFF - Prince George's County Wage Determinatio

1. INTRODUCTION

1.1. Summary

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

Urgent Repairs, Rehabilitation, and/or Replacement of Water and Wastewater Assets. Responses are to be submitted via WSSC Water's eProcurement Portal via https://procurement.opengov.com/portal/wsscwater

PRIOR TO 2:00 pm on Monday, September 21, 2026. Late responses will not be accepted.

WSSC Water is establishing a competitively awarded, Indefinite Delivery/Indefinite Quantity (IDIQ) and requirements contract to provide comprehensive services for water and wastewater asset and appurtenance repair, rehabilitation, and replacement comprehensive construction services for nominal diameters up to and including thirty (30) inches.

Services shall include but not limited to repair, rehabilitation, replacement, and relocation of water and sewer mains, valves (less than or equal to thirty (30) inches in nominal diameter), valve vault structure(s), water and sewer house connection(s), meter housing(s), manhole(s), fire hydrant(s), curb box(es) and stop(s), cleanout(s), lamp hole(s), etc. throughout Prince George’s and Montgomery Counties, Maryland.

This is a requirements contract as defined under WSSC Water Procurement Regulations. WSSC Water does not guarantee any minimum quantity of work; however, when services of the type covered by this contract are required, they will be fulfilled through this agreement unless otherwise specified.

WSSC Water intends to make multiple awards under this solicitation to ensure sufficient capacity, pricing competition, and timely responsiveness for planned and emergency work. Task Orders will be issued on an as-needed basis.

1.2. Timeline

Release Project Date: August 26, 2026

Pre-Bid Meeting (Non-Mandatory): September 11, 2026, 10:00am

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/22303380

9307785?p=HJCkHURfvaHb6XMxnu

Meeting ID:

223 033 809 307 785

Passcode:

hZ328cS3

Question Submission Deadline: September 14, 2026, 2:00pm https://procurement.opengov.com/portal/wsscwater https://teams.microsoft.com/meet/223033809307785?p=HJCkHURfvaHb6XMxnu https://teams.microsoft.com/meet/223033809307785?p=HJCkHURfvaHb6XMxnu

Response Submission Deadline: September 21, 2026, 2:00pm

2. CONTRACTOR QUALIFICATIONS

2.1. MINIMUM QUALIFICATIONS

A. Experience

1. The Contractor must be engaged in performing the type of work as stated in the Scope of Work

(SOW) for a minimum of three (3) years and have six (6) projects similar in scope.

2. Projects must include one of each type:

a. Large (16-inch and above) water main rehabilitation

b. Large (16-inch and above) sewer main rehabilitation

c. Small (up to 16-inch) water main rehabilitation

d. Small (up to 16-inch) sewer main rehabilitation

e. Renewal of water house connection

f. Renewal of sewer house connection

B. Personnel/Crew

1. The Bidder must provide key personnel who have a minimum of three (3) years of experience for the work described within the SOW.

2. The Bidder must have a minimum of two (2) crews available to perform work simultaneously at multiple sites and provide a list of each crew and role.

a. A full crew must include labor and equipment

3. The Bidder must provide a crew lead for each working crew.

a. The crew lead must have a minimum of three (3) years of experience in their respective areas of expertise.

4. The Bidder must have one crew member onsite who carries a current State of Maryland MDE

Erosion and Sediment Control Training and Certification.

C. Safety

1. Prime Contractor must have an Experience Modification Rate (EMR) that is less than 1.0 or a current Total Recordable Incident Rate (TRIR), or other incident rate less than 100% of the industry average based on NAICS code(s). Failure to meet these identified rates will require the contractor to designate a Safety Representative whose primary focus is on accident prevention.

2.2. MINIMUM PLUMBING

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

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

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

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

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

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

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

2.3. MINIMUM CHLORINATION AND DE-CHLORINATION

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

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

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

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

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

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

WSSC prior to change.

3. INSTRUCTIONS TO BIDDERS/OFFERORS

3.1. COMPLIANCE WITH COMMISSION PROCUREMENT REGULATIONS

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

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

3.2. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

3.3. WSSC’S SUPPLIER PORTAL SYSTEM

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

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

3.4. EXPLANATION OF CONTRACT DOCUMENTS TO PROSPECTIVE BIDDERS/OFFERORS

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

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

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

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

Bidders/Offerors via Online Discussion in the Supplier Portal.

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

Bidders/Offerors.

3.5. SECURITY CLEARANCE REQUIRED FOR ACCESS TO PLANS AND DRAWINGS

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

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

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

3.6. SUBMISSION OF BIDS (COMPETITIVE SEALED BIDDING)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

https://procurement.opengov.com/portal/wsscwater

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

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

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

Commission.

3.7. ACKNOWLEDGMENT OF AMENDMENTS TO THE SOLICITATION

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

3.8. WITHDRAWAL OF A BID (COMPETITIVE SEALED BIDDING)

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

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

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

Commission and the Bidder.

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

BIDDING)

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

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

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

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

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

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

3.10. BIDDER/OFFEROR QUALIFICATIONS

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

Documents properly within the time specified.

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

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

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

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

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

3.11. BONDS AND INSURANCE

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

3.12. PROTESTS

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

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

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

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

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

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

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

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

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

WITHIN THE TIME LIMITATIONS TO FILE A PROTEST.

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

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

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

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

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

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

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

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

3.13. SOLICITATION CANCELLATION

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

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

3.14. CONTRACT AWARD

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

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

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

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

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

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

3.15. EXECUTION AND ACCEPTANCE OF A CONTRACT

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

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

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

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

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

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

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

Commission.

3.16. MARYLAND PUBLIC INFORMATION ACT NOTICE

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

4. ADDITIONAL INSTRUCTIONS TO BIDDERS

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

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

4.1. Submission of Bid

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

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

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

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

Bidders.

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

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

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

Solicitation.

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

Insurance Requirements located in the solicitation Appendix B.

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

C, for responsiveness to the Bid Solicitation.

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

4.2. Pricing

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

Contract (base and option years if applicable).

B. Pricing shall reflect all fringe benefits, overhead, profit, general and administrative expenses, and associated costs to complete the outlined scope of work. All mobilization and demobilization are included in the line-item price. Daily rates shall be applicable for an all-inclusive 8-hour day within a 24-hour https://procurement.opengov.com/portal/wsscwater https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=2831202 https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=undefined https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=2831215 https://procurement.opengov.com/portal/wsscwater/projects/294310/document?section=2831205 period. The total price shall be the product of the Bidder's delivery unit price by the quantities given.

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

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

Contract Manager.

4.3. Basis of Award

A. The Commission reserves the right to award the contract based on the lowest responsive, responsible

Bidder in total complying with the terms and conditions of this Bid who made all submissions required herein. Only Bidder(s) who have met the minimum qualifications in their entirety will move on to the pricing portion of the solicitation process.

B. A Prompt Payment discount of 15 days or more may factor into the award.

C. WSSC Water intends to make multiple awards under this Contract.

5. SPECIAL CONDITIONS

5.1. SPECIAL CONDITIONS

These Special Conditions identify additional contract provisions and modify, change, delete from, or add to the

General Conditions – Construction (IDIQ) attached to and to be incorporated in the Contract as Exhibit A. Where any Article of the General Conditions is modified or deleted by these Special Conditions, the unaltered provisions of that Article, paragraph, sub-paragraph, or clause shall remain in effect.

5.2. ARTICLE 1 - DEFINITIONS

A. Paragraph 1.10 Contract Documents:

1. DELETE the phrase “Contract Execution Page” from the paragraph, and INSERT the following phrase at end of the paragraph 1.10: “and shall include all Exhibits and Appendices attached to and incorporated as part of the Contract.”

B. REMOVE paragraph designation numbers only for Articles 1.37 through 1.47 and REPLACE them with designation numbers 1.38 through 1.48.

C. Add the following as Paragraph 1.37:

1. Sequence of Construction - A general description or outline of the order in which certain project tasks must be performed. When noted on the Contract Documents, the Sequence of Construction may only be modified with the approval of the Engineer.

5.3. ARTICLE 4 - CONTRACT TERMS

Paragraph 4.2 DELETE in its entirety and REPLACE with the following:

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

o Federal Contract Provisions (only if identified and incorporated in the Contract Documents) o WSSC Procurement Regulations o Change Orders o Field Orders o Amendments o Master Agreement o Addenda o Special Conditions o General Conditions o Notice to Proceed o Notice of Award o Specifications o Drawings o Appendix B to the Solicitation (Insurance & Bonding Requirements) o Appendix A to the Solicitation (MBE and/or SLBE requirements) o Appendix C to the Solicitation (Commission Forms completed by Contractor)

5.4. ARTICLE 10 - SURVEYS, PERMITS, REGULATIONS

DELETE the word “Standard” in the first sentence of Paragraph 10.7.

5.5. ARTICLE 14 - CHANGES IN CONTRACT PRICE AND TIME

DELETE the entire third paragraph of Article 14.1.3.1 (Paragraph 3) and REPLACE it with: “Cost of construction equipment shall be based on the actual time the equipment is required to perform the Work and shall not exceed 8 hours per day unless equipment is in operation for a longer time. Moving time, loading, unloading, and hauling will not be paid for if the equipment is used at the site for other Work.

For the use of equipment moved in on the Work and used exclusively for the Work covered by the Change

Order, the Contractor will be paid the rates herein specified including moving time, loading, unloading, and hauling. The time period shall begin at the time the equipment is unloaded at the site of the Work, shall include each day or fraction thereof that the equipment is at the site of the Work, excluding Saturdays, Sundays, and other legal holidays unless the Work is performed on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment.

The rates of payment for equipment used, regardless if owned or rented, including fuel and lubricants but excluding operators, shall be no higher than the current rates recommended by the Rental Rate Blue Book for

Construction Equipment.

No payment will be made for the small tools defined as individual pieces of equipment or tools having a new value of $1,000 or less.

When the Commission is obligated to pay for idle equipment, the allowance will be 50 percent of the rate determined herein.”

5.6. ARTICLE 15 - TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES

DELETE the words “epidemics” and “quarantine restrictions” from Article 15.5.1, and

INSERT the following paragraph as Article 15.5.4:

15.5.4 The parties are aware of the Covid-19 pandemic and the impact is has, may or will have on the schedule and performance of the work, and have taken any such delays, disruptions or other impacts into consideration in establishing the schedule, pricing and other terms and conditions of the Contract. Notwithstanding any provisions to the contrary, the Covid-19 pandemic is therefore expressly excluded from Article 15.5.1 as an unforeseeable cause beyond the control of the Contractor and cannot serve as a basis for a claim for additional time or compensation, or other equitable or legal adjustment or amendment to the Contract. Article 15. 5.1 of the General Conditions is amended to delete any reference to “epidemics” and “quarantine restrictions.”

5.7. ARTICLE 22 - PAYMENTS TO THE CONTRACTOR

DELETE the number “10” in the last sentence of Paragraph 22.1 and replace it with the number “30.”

DELETE the entire Paragraph 22.2 and replace it with: “22.2 Payments to the Contractor pursuant to this

Contract shall be made no later than 30 days after the Commission’s receipt of a Proper Invoice from the

Contractor.”

5.8. ARTICLE 39 - NONDISCRIMINATION POLICY

DELETE the Paragraph 39.1 and replace it with: “It is the policy of WSSC to require that individuals and entities with whom it has a contract and their subcontractors, not discriminate against employees or applicants for employment. The Contractor shall not discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin.”

5.9. ADDITIONAL PROVISIONS

Additional Provisions listed below:

5.10. BUY AMERICAN STEEL REQUIREMENT

The Contractor and all Subcontractors shall comply with the Maryland Buy American Steel Act, Maryland

Annotated Code, State Finance and Procurement, §§ 17-301 through 17-306 (including the applicable regulations promulgated thereunder). This statute requires the contractor and subcontractors to use or supply only American steel products in the performance of a contract for:

A. constructing or maintaining a public work; or

B. buying or manufacturing machinery or equipment that is composed of at least 10,000 pounds of steel products and is to be installed at a public work site.

5.11. MARYLAND LITTLE MILLER ACT

The Contractor and its Subcontractors shall comply with the requirements of Maryland Annotated Code, State

Finance and Procurement Article, Title 17, Subtitle 1, §17-101 et. seq. (the “Maryland Little Miller Act”), including without limitation the Maryland Little Miller Act requirements included in the General Conditions and the requirements set forth below.

The Contractor shall provide Payment and Performance Security in the form of One Hundred Percent (100%)

Performance and Payment bonds that comply with the requirements of §17-103 and §17-104 of the Maryland

Little Miller Act.

In accordance with §17-110(b)(1)-(2) of the Maryland Little Miller Act, the Commission shall withhold retainage in the amount of five percent (5%) of each payment due the Contractor. In addition to retainage, the

Commission may withhold from payments otherwise due to the Contractor any amount that the Commission reasonably believes necessary to protect its interests. If there is a dispute or claim between the Contractor and the Commission concerning the satisfactory completion of this Contract, the Commission shall release the retainage to the Contractor within 120 days after the resolution of the dispute or Claim.

In accordance with §17-110(c) and (d) of the Maryland Little Miller Act, the Contractor shall not retain a percentage of payments due a Subcontractor that exceeds the percentage of payments retained by the

Commission, and each Subcontractor may not retain a percentage of payments due a lower tier subcontractor that exceeds the percentage of payments retained from the Subcontractor.

In accordance with the Maryland Little Miller Act, Maryland Annotated Code, State Finance and Procurement, § 17-106, with each payment estimate, the Contractor, when signing the payment estimate form, certifies that he has made payment from proceeds of prior payments and that he will make timely payments from the proceeds of progress and final payment then due him to his Subcontractors and suppliers in accordance with his contractual arrangement with them. In addition, the Contractor shall enter and certify payments to all minority and or small local Subcontractor(s)/supplier(s) in accordance with any applicable Commission policies. Failure to meet this condition may result in halting the processing of subsequent estimates until this condition is met.

5.12. INCLEMENT WEATHER TIME EXTENSIONS

Inclement weather days are factored into the Contract Time for completion. The Contractor is not entitled to an extension of time to complete the contract due to inclement weather unless the Contractor experiences inclement weather beyond the number of days already factored into the Contract Time, and then only for the number of days that such weather exceeds the number of days already factored into the Contract Time.

5.13. MARYLAND PREVAILING WAGE REQUIREMENTS

A. This contract is subject to the requirements of the Maryland Prevailing Wage Statute contained in MD

Code, State Finance and Procurement, §§ 17-201 - 17-226 and regulations contained in COMAR

21.11.11.00 - 21.11.11.07.

B. The Contractor and all Subcontractors must comply with the requirements stated in MD Code, State

Finance and Procurement, §§ 17-201 - 17-226 and COMAR 21.11.11.00 - 21.11.11.07.

C. The prevailing wage rates attached and/or referenced in this contract are established by the State of

Maryland. The prevailing wage rates attached and/or referenced in this contract will apply throughout the term of this contract (including any renewals or extensions).

D. The Contractor shall submit bonds that guarantee the faithful performance of this section of this contract

(Special Conditions, Maryland Prevailing Wage Requirements).

E. The Contractor and all Subcontractors must comply with all of the requirements of the Maryland

Prevailing Wage Statute and applicable regulations including, but not limited to the following:

1. Pay workers at least the prescribed wage rates and overtime rates that are attached and/or referenced in this contract.

2. Pay apprentices at least the percentage as set by the Apprenticeship and Training Council of the prescribed wage rates that are attached and/or referenced in this Contract.

3. Accurately classify and pay workers and apprentices their proper wage classification based upon the type of work they perform at the work site in accordance with the wage rates that are attached and/or referenced in this contract.

4. Post a clearly legible statement of each prevailing wage rate to be paid under this contract in a prominent and easily accessible place at the work site(s) of this contract.

5. Keep payroll records covering work performed directly at the work site in accordance with the requirements of the Maryland Prevailing Wage Statute and applicable regulations.

6. Allow WSSC and Maryland’s Commissioner of Labor and Industry to inspect the payroll records at any reasonable time and as often as necessary.

7. Within 14 days after the end of each payroll period, the Contractor shall submit to Maryland’s

Commissioner of Labor and Industry in a format that complies with COMAR 21.11.11.02 a complete copy of: (a) the Contractor’s payroll records and (b) each Subcontractor’s payroll records.

The Contractor is required to contact Maryland’s Commissioner of Labor and Industry to determine any specific instructions or format requirements regarding the submittal of payroll records.

8. If the Contractor is late in submitting copies of the payroll records then (a) WSSC may postpone processing payments under the contract pending receipt of the copies and (b) the Contractor shall be liable to WSSC for liquidated damages of $10 for each calendar day the records are late.

9. WSSC shall withhold payments to the Contractor if requested by the Maryland’s Commissioner of

Labor and Industry. This contract is subject to the requirements of the Maryland Prevailing Wage

Statute contained in MD Code, State Finance and Procurement, §§ 17-201 - 17-226 and regulations contained in COMAR 21.11.11.00 - 21.11.11.07.

5.14. GENERAL CONDITIONS

The General Conditions – Construction are modified as follows:

5.15. ADDITIONAL PROVISIONS

The following provisions are incorporated as additional terms and conditions of the Contract:

The parties are aware of the Covid – 19 pandemic and the impact it has, will or may have on the schedule and performance of the work and have taken any such delays, disruptions, interference,or other impacts into consideration in establishing the schedule, pricing and other terms and conditions of the Agreement. The parties agree that notwithstanding any provisions to the contrary, the Covid – 19 pandemic and its effects are therefore expressly excluded from the Force Majeure clause in Article 32 of the General Conditions and cannot serve as a basis for a claim for additional time, compensation, or other equitable or legal adjustment or amendment to the contract. Article 32 of the General Conditions is amended to delete any reference to “epidemics” and to any laws, regulations, ordinances, orders or other mandates of any government, governmental agency, or court relating thereto.

6. INSURANCE REQUIREMENTS

6.1. INSURANCE

The Contractor shall be required to maintain insurance for the term of this Contract as specified in the "Insurance

Requirements" Section herein. The Certificate of Insurance and Endorsements shall be submitted to the Contract

Administrator within 10 days after receipt of the Notice of Award. All insurance required by this Appendix B must be maintained during the entire term of the contract, including any renewal or extension terms, until all work has been completed. Also, certain coverages must be continued following completion of the work as shown in the section B.

The Contractor shall instruct an insurance broker or agent to provide the Washington Suburban Sanitary

Commissiona certificate of insurance and endorsements, i.e. additional insured, waiver of subrogation, attesting to the issuance of insurance policies affording coverage as required and listed in B below. Please note that such certificate of insurance and endorsements along with any required bonds must be issued and then approved by the Washington Suburban Sanitary Commission prior to the issuance ofa Notice to Proceed by the Contract

Administrator. The following requirements apply to all work under the contract. To the extent permitted by applicable law, the Washington Suburban Sanitary Commission reserves the right to adjust or waive any insurance or bonding requirements contained in this Appendix B and applicable to the contract.

The Contractor shall not allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been obtained and approved by the Contractor. The Contractor shall require all subcontractors to maintain workers compensation and employers liability, business auto liability, commercial general liability and any other applicable coverage in the same manner as specified for the Contractor.

6.2. TYPES OF COVERAGE

The Contractor shall provide and keep in full force the insurance noted in the coverage section as minimum liability limits and mandatory coverage during the term of this Contract.

6.3. ADDITIONAL INSURED

The Commission, its agents and employees shall be included as additional insured(s) in the Commercial General

Liability and Auto Liability insurance policies. Coverage for the Commission its agents and employees shall apply for defense of claims and damages for injury to persons, including bodily injury, death or any form of personal or advertising injury, or property damage arising out of or resulting from the performance of the work or…