Volume I MAA-MC-27-011.pdf

SMALL BUSINESS RESERVE

VOLUME I

CONTRACT NO. MAA-MC-27-011

EMERGENCY & SPILL RESPONSE SERVICES

AT

BALTIMORE/WASHINGTON INTERNATIONAL

THURGOOD MARSHALL AND MARTIN STATE

AIRPORTS

October 2026

MARYLAND AVIATION ADMINISTRATION

Table of Contents

(MAA-09/26)

Contract No. MAA-MC-27-011

Emergency & Spill Response at BWI & MTN

TOC-2

TABLE OF CONTENTS

AT

BALTIMORE/WASHINGTON INTERNATIONAL

THURGOOD MARSHALL AND MARTIN STATE AIRPORTS

Invitation for Bids .............................................................................................................................i-1- i-3

Contract Summary ............................................................................................................................ ii

Technical Provisions 1 – General Information

TP-1.01 Scope of Work

TP-1.02 Basis of Award and Preparation of Bid

TP-1.03 Contractor Qualifications

TP-1.04 Duration

TP-1.05 Contract Administrator

TP-1.06 Communications

TP-1.07 Parking

TP-1.08 Uniforms

TP-1.09 Personnel and Supervision

TP-1.10 Material, Equipment, Analysis and Extra Work Allowance

TP-1.11 Compensation to the Contractor

TP-1.12 Shift, Weekend and Holiday Work

TP-1.13 Insurance Requirements

Technical Provisions 2

TP-2.01 Contractor’s Responsibilities

TP-2.02 Records and Reports

Special Provisions

SP-1.01 Small Business Reserve (SBR) Program ............................................................... SP-1

SP-1.02 Small Business Preference ..................................................................................... SP-2

SP-1.03 Bid Guarantee ........................................................................................................ SP-3

SP-1.04 Performance Guarantee (If contract price is over $100,000) ................................ SP-3

SP-1.05 Payment Guarantee (If contract price is over $100,000) ....................................... SP-4

SP-1.06 Surety Bond Assistance Program .......................................................................... SP-4

SP-1.07 Individual Surety Bonds ........................................................................................ SP-5

Contract No. MAA-MC-27-011

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SP-1.08 Delivery of Bids ..................................................................................................... SP-7

SP-1.09 Communications and Interpretations – Prior to Bid Opening ............................... SP-7

SP-1.10 Addendum to Invitations for Bids ......................................................................... SP-8

SP-1.11 Pre-Opening Modification or Withdrawal of Bid .................................................. SP-8

SP-1.12 Late Bids, Late Withdrawals, and Late Modifications .......................................... SP-8

SP-1.13 Opening and Recording of Bids............................................................................. SP-8

SP-1.14 Mistakes in Bids ..................................................................................................... SP-9

SP-1.15 Minor Irregularities or Informalities .................................................................... SP-10

SP-1.16 Cancellation of Invitations for Bids ..................................................................... SP-10

SP-1.17 Rejection of Individual Bids or Proposals ........................................................... SP-10

SP-1.18 Rejection of all Bids ............................................................................................. SP-11

SP-1.19 Bid Evaluation and Award ................................................................................... SP-11

SP-1.20 Corporate Registration ......................................................................................... SP-12

SP-1.21 Bid Protests .......................................................................................................... SP-12

SP-1.22 Payments and Invoicing ....................................................................................... SP-13

SP-1.23 Subcontractors – Prompt Payment ...................................................................... SP-13

SP-1.24 Subcontracting ..................................................................................................... SP-15

SP-1.25 Subcontracting with Minority Business Enterprise (MBE) Firms ...................... SP-16

SP-1.26 Good Faith Efforts ............................................................................................... SP-19

SP-1.27 Contractor Affirmative Action/Equal Employment Opportunity Programs ....... SP-22

SP-1.28 Minority Business Enterprise Program ................................................................ SP-30

SP-1.29 BWI Airport Security, Access Badges, Airfield Vehicle Ramp

Permits and US Customs Access Badges ............................................................ SP-39

SP-1.30 Airport Operations ............................................................................................... SP-51

SP-1.31 Pre-Work Conference .......................................................................................... SP-52

SP-1.32 Housekeeping and Clean-UP ............................................................................... SP-52

SP-1.33 Contract Time for Completion of Work .............................................................. SP-52

SP-1.34 Adjacent Property ................................................................................................ SP-53

SP-1.35 Beneficial Occupancy .......................................................................................... SP-53

SP-1.36 Extension of Time ................................................................................................ SP-53

SP-1.37 Accident Prevention ............................................................................................. SP-54

SP-1.38 Building Permits. ................................................................................................. SP-54

SP-1.39 Laws to be Observed.. .......................................................................................... SP-55

SP-1.40 Familiarity with Laws, etc ................................................................................... SP-57

SP-1.41 Interpretation by Addendum ................................................................................ SP-57

SP-1.42 Liability of Contractor. ........................................................................................ SP-57

SP-1.43 Indemnification of the Maryland Aviation Administration ................................. SP-57

SP-1.44 Interpretation of Plans, etc. .................................................................................. SP-58

SP-1.45 Alteration of Specifications or of Character of Work ......................................... SP-58

SP-1.46 Contract Furnished to Contractor ........................................................................ SP-58

SP-1.47 Supervision by the Administration ...................................................................... SP-58

SP-1.48 Legal Address ..................................................................................................... SP-59

SP-1.49 Licensing .............................................................................................................. SP-59

Contract No. MAA-MC-27-011

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SP-1.50 Cross Utilization .................................................................................................. SP-59

SP-1.51 Minimum Specifications ...................................................................................... SP-60

SP-1.52 Patent Infringement .............................................................................................. SP-60

SP-1.53 Non-Payment for Work Improperly Done........................................................... SP-60

SP-1.54 Successful Termination of Contractor’s Responsibility and Final Acceptance .. SP-60

SP-1.55 Commercial Nondiscrimination Clause ............................................................... SP-60

SP-1.56 Maryland Living Wage Law ................................................................................ SP-61

SP-1.57 Insurance Requirements ………………………………………………………SP-64

General Conditions

GC-1.01 Definitions ............................................................................................................ GC-1

GC-1.02 Preparation of Bid/Proposal ................................................................................. GC-6

GC-1.03 Site Investigation .................................................................................................. GC-6

GC-1.04 Bid, Performance and Payment Bonds ................................................................ GC-7

GC-1.05 Contingent Fee Prohibition .................................................................................. GC-7

GC-1.06 Cost and Price Certification ................................................................................. GC-8

GC-1.07 Contract Administration ....................................................................................... GC-8

GC-1.08 Authority of the Procurement Officer .................................................................. GC-8

GC-1.09 Corporate Registration and Tax Payment Certification ...................................... GC-8

GC-1.10 Compliance with Laws ........................................................................................ GC-8

GC-1.11 Initiation of Work ................................................................................................. GC-9

GC-1.12 Notice to Proceed and Completion of the Work .................................................. GC-9

GC-1.13 Conformity with Contract Requirements............................................................. GC-9

GC-1.14 Inspection of Work............................................................................................. GC-10

GC-1.15 Removal of Defective Work .............................................................................. GC-11

GC-1.16 Discrepancies in Contract Documents ............................................................... GC-11

GC-1.17 Cooperation by Contractor ................................................................................. GC-11

GC-1.18 Cooperation with Utilities .................................................................................. GC-12

GC-1.19 Cooperation Between Contractors ..................................................................... GC-12

GC-1.20 Jurisdiction Furnished Material ......................................................................... GC-13

GC-1.21 Indemnification and Insurance ........................................................................... GC-13

GC-1.22 Responsibility for Damage Claims .................................................................... GC-14

GC-1.23 Assignment......................................................................................................... GC-15

GC-1.24 General Guaranty ............................................................................................... GC-15

GC-1.25 Final Acceptance and Payment .......................................................................... GC-15

GC-1.26 Personal Liability of Public Officials ................................................................ GC-16

GC-1.27 Approval Authority ............................................................................................ GC-16

GC-1.28 Remedies and Termination ................................................................................ GC-16

GC-1.29 Delays and Extensions of Time ......................................................................... GC-16

GC-1.30 Differing Site Conditions ................................................................................... GC-17

GC-1.31 Changes .............................................................................................................. GC-17

GC-1.32 Negotiated Payment Provision ........................................................................... GC-18

GC-1.33 Suspension of Work ........................................................................................... GC-19

GC-1.34 Force Account Work ......................................................................................... GC-19

GC-1.35 Variations in Estimated Quantities .................................................................... GC-21

GC-1.36 Sanctions Upon Improper Acts .......................................................................... GC-22

GC-1.37 Non-Hiring of Employees .................................................................................. GC-22

GC-1.38 Conflict of Interest Law ..................................................................................... GC-22

GC-1.39 Registration ........................................................................................................ GC-22

GC-1.40 Taxes-Responsibility for Payment, Exemption Forms to be Filed, etc.. .......... GC-23

Contract No. MAA-MC-27-011

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GC-1.41 Tax Exemption ................................................................................................... GC-23

GC-1.42 Specifications ................................................................................................. GC-23

GC-1.43 Delivery .............................................................................................................. GC-23

GC-1.44 Patent, Trademark and Copyright Infringements .............................................. GC-23

GC-1.45 Occupational Safety and Health Act (OSHA) ................................................... GC-24

GC-1.46 Minority Business Enterprise and Affirmative Action ...................................... GC-24

GC-1.47 Small Business Procurement ............................................................................. GC-24

GC-1.48 Non-Discrimination in Employment ................................................................. GC-25

GC-1.49 Multi-Year Contracts Contingent Upon Appropriations ................................... GC-25

GC-1.50 "Buy American Steel" Act ................................................................................. GC-26

GC-1.51 Prevailing Wage Contracts for Public Works .................................................... GC-26

GC-1.52 Disputes .............................................................................................................. GC-26

GC-1.53 Liquidated Damages .......................................................................................... GC-26

GC-1.54 Contractor's Invoices .......................................................................................... GC-26

GC-1.55 Financial Disclosure ........................................................................................... GC-27

GC-1.56 Political Contribution Disclosure ....................................................................... GC-27

GC-1.57 Incorporation by Reference ................................................................................ GC-27

GC-1.58 Maryland Law Prevails ...................................................................................... GC-27

GC-1.59 Bid Award - Resident Business ......................................................................... GC-27

GC-1.60 Payment of State Obligations............................................................................. GC-28

GC-1.61 Pre-Existing Regulations ................................................................................... GC-29

GC-1.62 Retention of Records .......................................................................................... GC-29

GC-1.63 General Conditions Controlling ......................................................................... GC-29

GC-1.64 Dissemination of Information ............................................................................ GC-29

GC-1.65 Insolvency .......................................................................................................... GC-29

Invitation for Bids

Contract No MAA-MC-27-011 Emergency and Spill Response at BWI and MTN i-6

INVITATION FOR BIDS

EMERGENCY AND SPILL RESPONSE SERVICE AT

BALTIMORE/WASHINGTON INTERNATIONAL THURGOOD

MARSHALL AND MARTIN STATE AIRPORTS

Sealed Bids for the Maryland Aviation Administration (MAA) and titled Emergency and Spill Response

Services at Baltimore/Washington International Thurgood Marshall and Martin State Airports as found in Contract No. MAA-MC-27-011 shall be submitted on emma.maryland.gov., local time, December 3rd, 2026, no later than 1:00:00pm, local time. To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site. Bids shall only be accepted via the State’s internet-based electronic procurement system, eMaryland Marketplace Advantage

(eMMA).

Positively no bids shall be received after 1:00:00. p.m.

The work to be performed under this contract consists of providing all labor, equipment, materials and expertise to provide emergency response for the containment and removal of fuel, oil, controlled hazardous substances, leaking or failing underground storage tank (UST) fuel systems and cleanup of lavatory and sewage spills at Baltimore/Washington International

Thurgood Marshall (BWI Thurgood Marshall) and Martin State (MTN) Airports and other property owned by the Maryland Aviation Administration (MAA) and hereinafter, Administration, in accordance with these specifications and State and Federal regulations.

The award of this contract shall be made to the responsible bidder that submits the lowest responsive bid meeting the specifications.

NOTICE TO BIDDERS: Each Bidder, before submitting a bid, shall become fully informed as to the extent and character of the work required. No consideration shall be granted for any alleged misunderstanding of the material to be furnished or work to be done. The submission of a bid is an agreement with all of the items and conditions referred to herein.

NOTICE TO BIDDERS: This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 – 14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority and Business Affairs, Small Business Reserve Program are eligible for award of a contract.

A Pre-Bid Meeting shall be held via Microsoft Teams at 10:00:00 a.m. on October 22, 2026, for interested

Bidders. Please complete the Pre-Bid RSVP form to notify MAA of your intent to attend. This meeting will take place via Microsoft Teams. Please use the following link to access the meeting or phone number to dial in:

Join: Click to Join Dial by Phone: 1-667-262-2962 Conference ID: 244-601-631 https://teams.microsoft.com/meet/291411556690007?p=tgTjsblsmpRKKr351u

Contract No MAA-MC-27-011 i-7

Each Bid (Section P), if in the amount of $100,000 or more, must be accompanied by a Bid

Bond (Section L) in the amount of five percent 5% of the total contract price. If a Bidder fails to submit these documents, the MAA shall deem the bid non-responsive. The Bid/Proposal Affidavit

(Section M) shall also be submitted with each bid.

Performance Bond (Section B) in the amount of one hundred percent (100%) of the total contract price shall be required of the successful Bidder. Assistance in obtaining Bid, and

Performance bonds may be available to qualifying businesses through the Maryland Small Business

Development Financing Authority (MSBDFA). See SP-1.06 for more details. A Hiring Agreement shall be required of the successful Bidder. See Volume II Section F Hiring Agreement.

The Performance Bond may be annualized. See SP 1.04 for details.

NOTICE TO BIDDERS: In accordance with Code of Maryland Regulations (COMAR)

21.05.02.16, to receive a contract award, a Bidder must be registered on eMaryland Marketplace

Advantage as a vendor. To register on eMaryland Marketplace Advantage, go to the Department of General Services Website at https://procurement.maryland.gov.

The MAA hereby notifies all Bidders that in regard to any contract entered into pursuant to this advertisement, certified MDOT Minority Business Enterprise (MBE) firms shall be afforded full opportunity to submit bids in response to this notice and shall not be subjected to discrimination on the basis of race, color, sex, or national origin in consideration for an award. MBE firms are encouraged to respond to this notice.

There is no Minority Business Enterprise (MBE) subcontract participation goal for this project.

There is no Veteran-Owned Small Business Enterprise (VSBE) subcontract participation goal for this project.

NOTICE TO BIDDERS: The MAA has determined under the Maryland Living Wage

Law (SP-1.56), the contract resulting from this solicitation has been deemed to be a Tier 1 contract.

NOTICE TO BIDDERS: If any prospective Bidders are physically impaired and are planning to attend the Pre-Bid/Site Inspection or Bid Opening Meetings, please call ahead to 410-859-7031

(Office of Procurement), 410-859-7111 (MAA Communications Center), or 410-859-7227 (TDD) to advise of any reasonable accommodation required.

https://procurement.maryland.gov/

Contract No MAA-MC-27-011 i-8

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland. This includes the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer unless the State Comptroller's Office grants an exemption. The selected

Bidder shall register with the EFT Registration, General Accounting Division form using the

COT/GAD X10 Vendor Electronic Funds (EFT) Registration Request Form, available at http://compnet.comp.state.md.us/gad/pdf/GADX-10.pdf. Any request for exemption must be submitted to the State Comptroller's Office for approval at the address specified on the COT/GAD

X-10 form and must include the reason for exemption.

Questions regarding the Electronic Funds Transfer should be referred to the Office of the

Comptroller, General Accounting Division, 80 Calvert Street, Room 200, Annapolis, Maryland

21401, (410) 260-7820 or mmcmahon@comp.state.md.us.

The MAA reserves the right to reject any and all bids and/or waive technical defects if, in its judgment, the interest of the Administration may require.

If there are any questions regarding this contract, please contact:

Thomas L. Thomas Jr.

Procurement Officer II

Office of Procurement and Materials Management

Maryland Aviation Administration

Ph: 410-859-7822

TThomas21@bwiairport.com http://compnet.comp.state.md.us/gad/pdf/GADX-10.pdf mailto:mmcmahon@comp.state.md.us mailto:TThomas21@bwiairport.com ii

CONTRACT SUMMARY

Item Description

MAA Contract Number MAA-MC-27-011

Contract Title Emergency & Spill Response Services at Baltimore/ Washington

International Thurgood Marshall and Martin State Airports

Small Business Reserve YES (X) – NO ( )

MBE Participation Goal 0%

Applicable General Conditions All Except GC-1.51

Applicable Special Provisions: All Except SP- 1.02, SP- 1.05 and SP-1.07

X SP-1.01 X SP-1.09 X SP-1.17 X SP-1.25 X SP-1.33 X SP-1.41 X SP-1.49

SP-1.02 X SP-1.10 X SP-1.18 X SP-1.26 X SP-1.34 X SP-1.42 X SP-1.50

X SP-1.03 X SP-1.11 X SP-1.19 X SP-1.27 X SP-1.35 X SP-1.43 X SP-1.51

X SP-1.04 X SP-1.12 X SP-1.20 X SP-1.28 X SP-1.36 X SP-1.44 X SP-1.52

SP-1.05 X SP-1.13 X SP-1.21 X SP-1.29 X SP-1.37 X SP-1.45 X SP-1.53

X SP-1.06 X SP-1.14 X SP-1.22 X SP-1.30 X SP-1.38 X SP-1.46 X SP-1.54

SP-1.07 X SP-1.15 X SP-1.23 X SP-1.31 X SP-1.39 X SP-1.47 X SP-1.55

X SP-1.08 X SP-1.16 X SP-1.24 X SP-1.32 X SP-1.40 X SP-1.48 X SP-1.56

Applicable Technical Provisions TP-1.01 through TP-2.02

Wage Rates Required YES ( ) - NO (X)

Project Location BWI Airport (X) - MTN Airport (X)

Bid Bond Required YES (X) - NO ( )

Performance Bond Required YES (X) - NO ( )

Payment Bond Required YES ( ) - NO (X)

Contract Duration 3 Years with Optional (2) Year Renewal

MBE Liquidated Damages YES ( ) - NO ( X)

Pre-Bid Meeting Date/Time October 22nd, 2026, at 10:00 a.m. via Microsoft Teams:

Join: Click to Join Meeting

Meeting ID: 291 411 556 690 007

Dial by Phone: 1-667-262-2962 Conference ID: 244-601-631

Question Due Date

Must be submitted in writing via email TThomas21@bwiairport.com

October 29, 2026, 10:00:00 AM

Bid Due Date/Time December 3, 2026, 1:00:00 PM

Bids must be submitted via eMMA: https://emma.maryland.gov/

Bid/Proposal Opening Date/Time December 3, 2026, 2:00:00 PM

Bids will be opened in eMMA.

The bid tabulation will be available to the public on eMMA via BPM059343

Contract Summary for Maintenance Contracts MAA-MC-27-011

(MAA-09/26) Emergency & Spill Response Services at BWI & MTN https://teams.microsoft.com/meet/291411556690007?p=tgTjsblsmpRKKr351u mailto:TThomas21@bwiairport.com https://emma.maryland.gov/

Technical Provisions (Maintenance)

Contract No. MAA-MC-27-011 Emergency & Spill Response Services at BWI & MTN

TECHNICAL PROVISIONS 1

AT

BALTIMORE/WASHINGTON INTERNATIONAL

THURGOOD MARSHALL AND MARTIN STATE AIRPORTS

TP-1.01 Scope of Work

A. The Contractor shall provide all labor, equipment, materials, and expertise to provide emergency response for the containment, and removal of fuel, oil, controlled hazardous substances, leaking or failing underground storage tank (UST) fuel systems, and cleanup of lavatory and sewage spills for the Maryland Department of Transportation Maryland Aviation

Administration, hereinafter Administration or MAA, at the Baltimore/Washington

International Thurgood Marshall (BWI Thurgood Marshall) and Martin State (MTN)

Airports, and other property owned by the Maryland Aviation Administration (MAA) in accordance with these specifications and State and Federal regulations.

B. The MAA shall have the unilateral right to order, in writing, changes in the work within the scope of the contract in accordance with General Provisions clause "Changes".

C. The term “Administration” is used through these specifications and means the MAA’s Contract

Administrator or a designee, or other management personnel. The phrases “the Contractor shall provide” and “at no additional cost to the Administration” means that there shall be no separate line item for compensation and that the cost shall be factored into any unit cost as stated in the specifications.

D. The Contractor shall be required to provide Bid and Performance Bonds in accordance with sections SP-1.03 Bid Guarantee and SP-1.04 Performance Guarantee. As bonding affects the amount of any bid, all Contractors shall read these provisions.

E. Any modification to the contract shall be considered an alteration of the specifications and shall be handled in accordance with SP-1.45 Alteration of Specifications or of Character of Work. Should such alterations in the Specifications result in the Contractor being assessed an increase in the cost of the Payment and Performance Bonds, the Administration shall compensate the Contractor for the increase in bonding cost upon receiving a copy of the surety’s invoice.

F. All Contractor personnel shall be required to obtain a security identification badge, including a U.S. Customs seal. Compensation for security identification badges shall in accordance with TP-1.11 Compensation to the Contractor. The Contractor shall also be required to obtain an Airport Customs Security Area Bond in accordance with SP-1.29 BWI

Marshall Airport Security, Access Badges, Airfield Vehicle Ramp Permits, and U.S.

Customs Access Badges. The Contractor shall be reimbursed for the cost of the bond upon receipt of appropriate documentation. The Contractor must have company vehicles

Contract No. MAA-MC-27-011 inspected, obtain airfield access stickers for each vehicle, and complete incursion training to enable Contractor personnel to safely operate vehicles within restricted non-movement areas of both BWI Thurgood Marshall and MTN Airports.

G. In the event of a conflict between Special Provisions and General Conditions, the Special

Provisions shall prevail. In the event of a conflict between Technical Provisions and

Special Provisions, the Technical Provisions shall prevail.

H. The primary purpose of this contract’s scope is to respond to emergency spills, such as the release of petroleum products, hazardous materials, and sewage spills. A secondary function of this contract is to remove leaking or failing UST systems. Administration personnel are trained to identify and respond defensively to spills by placing berms and/or absorbent material on and around the spill to prevent it from reaching waterways and/or soil. Administration personnel do not have the forty (40) hour HAZWOPER training required to respond to and clean up large spills.

I. This contract responds to UST failures and leaks resulting in the removal of tank systems.

Administration personnel are trained and certified to inspect and remove UST systems.

However, Administration personnel will not be the responsible license holder when removing UST’s at either airport.

J. The contractor will be responsible for the cleanup, containment, etc., of spills, and the onsite transportation of collected wastes to one (1) of the two (2) waste storage sites at BWI

Thurgood Marshall or MTN Airports. Waste will be disposed of through the

Administration’s Hazardous Waste Removal contract in accordance with all State and

Federal Regulations.

K. Past Spill Responses:

Fuel: 15R Deicing Pad

Hourly Parking Garage Emergency Generator

Daily Garage Pond

North Electrical Transformer Substation

Sewage: Sewage backups and responses for decontamination occur approximately monthly sometimes multiple responses in a month. Most are small in scale but can get large in case of pump station failures.

TP-1.02 Basis of Award and Preparation of Bid

A. The contract shall be awarded to the responsible bidder submitting the lowest responsive bid based upon the specifications and the total contract cost as found in Part V in Section P.

B. All line items in Section P must be completed at the time of the bid submittal. In preparing its Bid, the Contractor shall not leave any blank line unfilled, including but not limited to

Contract No. MAA-MC-27-011 contract unit prices. The Contractor shall be held to all unit prices for the duration of the contract. If it is determined that a Contractor has used zero (0) as a unit price or unreasonably underbid any other unit price to reduce the total cost of the contract, the bid shall be considered non-responsive and the Administration shall proceed to the next lowest responsive bid.

C. In preparing its Bid, the Contractor shall not include with the Bid any stipulation(s) or qualification(s). The Administration shall reject any Bid and proceed to the next lowest, responsive, responsible bidder.

TP-1.03 Contractor Qualifications

A. The Contractor shall have five (5) years’ experience as a company working in the emergency hazardous spill retention, collection business and possess all necessary State and Federal licenses/permits to do so. Contractor and Subcontractor employees (if applicable) must possess a valid Hazardous Waste Operations and Emergency Response (Hazwopper) certification under Occupational Safety and Health Administration (OSHA) Standard

1910.120 and a valid UST Remover license issued by the Maryland Department of the

Environment (MDE).

B. The Administration shall not accept the experience of individual employees or combinations of employees as company experience. The Contractor shall submit documentation demonstrating the five (5) year experience, licenses/permits and include company, address, contact person, telephone number, the term of contract, description and amount.

C. The Contractor shall submit documentation regarding its qualifications on Section Q, Experience Questionnaire. Section Q together with all documentation may be submitted with the bid. If it is not submitted with the bid, it must be submitted at the request of the

Administration following bid opening. If it is not submitted within three (3) days of the

Administration’s request, the bid may be rejected as non-responsible and the Administration shall proceed to the next lowest responsive and responsible bid.

D. Two (2) of the five (5) years of experience required must have occurred within the last three

(3) calendar years.

TP-1.04 Duration

A. This contract shall remain in effect for a period of three (3) years beginning with Notice to

Proceed (NTP) and may be continued for one (1) additional two (2) year period at the option of the Administration.

B. The Administration shall advise the Contractor of the exercise of any renewal option at least one hundred and twenty (120) days prior to termination of this contract. Any renewal option shall be subject to the Maryland Procurement Regulations (COMAR 21) and on the same terms and conditions as herein provided except that the unit prices to be paid to the Contractor during the renewal option shall be adjusted in accordance with the annual rate of change of the Consumer Price Index (CPI) as published by the U. S. Department of Labor, Bureau of http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration

Contract No. MAA-MC-27-011

Labor Statistics.

C. The price change as determined by the Administration shall be based on the most current CPI for All Urban Consumers (CPI-U), Table A that is published for the eighth (8th) month preceding the expiration date of the existing contract by calculating the unit prices with the annual rate of change. If the renewal option is for more than one (1) year the Contractor shall be allowed an annual change for the second year calculated using the referenced CPI.

D. In the event the spending authority (total cost of contract) has been expended prior to reaching the original termination date, the Administration reserves the right to rebid the contract.

E. This contract includes a provision authorizing an extension for a reasonable, limited, and defined time to spend funds remaining on the contract as provided in Board Advisory 1995-

1.

TP-1.05 Contract Administrator

A. The Administration shall assign a Contract Administrator to administer the day-to-day functions and communications between the Administration and the Contractor. The

Administration shall submit the name and phone number of the respective Contract

Administrator to the Contractor as well as other management personnel that may have authority to request work and information.

B. The Contractor in the course of its work under this contract is responsible to maintain continuous communications and coordination with the Administration.

C. When contract specifications mention "under the direction of the Administration" or require Administration notification, etc., it is referencing the Contract Administrator or another authorized person.

D. All work requiring the shutdown of the system or any portion thereof must have the prior approval of the Administration.

TP-1.06 Communications

A. The Contractor shall establish a communications link with the Administration for the duration of this contract. The Contractor must provide a home/office phone number, where the

Administration can contact or leave a message on a twenty-four (24) hour, seven (7) days a week basis, in the event of an emergency.

B. The Contractor must also provide the Administration an e-mail address where work requests can be forwarded, or other exchanges of information may occur.

C. Routine day-to-day correspondence for administering the contractor may be conducted by general mail, fax or e-mail between the Contractor and Contract Administrator.

Contract No. MAA-MC-27-011

D. Official correspondence regarding notices, demands, claims, etc. shall be made by express mail (FedEx, USPS, UPS, etc.) to the Administration as follows:

Maryland Aviation Administration

Procurement & Materials Management

7005 Aviation Boulevard

Glen Burnie, MD 21061

TP-1.07 Parking

Parking area for workers’ vehicles may be located on Airport property at a location or locations as directed by the Administration. No vehicle owned by the Contractor’s employees, subcontractor’s employees, or other private individuals shall be allowed on the airfield, unless otherwise directed.

TP-1.08 Uniforms

The Contractor’s employees shall be in uniform or other identifying standardized clothing, presenting a neat and professional appearance at all times when on duty. All uniforms are to be furnished by and paid for by the Contractor.

TP-1.09 Personnel and Supervision

A. The Contractor shall provide supervised, fully trained personnel for all phases of this contract.

B. The Contractor is fully responsible for the complete and continuous supervision of its subcontractors during the duration of this contract. All services provided by the subcontractor shall be the responsibility of the Contractor.

TP-1.10 Material, Equipment, Analysis and Extra Work Allowance

A. The Administration is authorized to request the Contractor to perform certain extra work. The extra work allowance may be used for any other controlled or hazardous waste services as required by the Administration. The Contractor shall also be required to provide written confirmation of completion of any additional assignments.

B. The Administration has included in Section P, Part IV – Materials, Equipment and

Analysis Unit Prices and Extra Work Allowance of $150,000 for three (3) years. The

Administration shall compensate the Contractor for materials and extra work using the unit prices found in Section P.

C. Any use of the extra work allowance must have prior written authorization of the

Contract No. MAA-MC-27-011

Administration.

TP-1.11 Compensation to the Contractor

A. Monthly Fixed Fee

The Contractor shall be compensated on a monthly fixed fee basis for administrative costs, security identification badge processing, necessary on-call status, overhead, delivery, storage, burden, insurance, payment and performance bonding, and all similar incidental costs to provide the services, but not profit and fringe benefits as found in Section P, Part I.

Profits, fringe benefits, and other costs shall be calculated in hourly and unit prices.

B. Spill Response Labor

The Contractor shall provide all labor, supervision, and expertise to perform spill response services, including but not limited to UST removal, containment, decontamination and disposal activities for lavatory, fuel/oil and hazardous material spills on an on-call time and material basis in accordance with these specifications.

C. Materials, Equipment and Analysis Unit Prices and Extra Work Allowance

The Administration has included in this contract an extra work allowance to compensate for all preparation and labeling of all hazardous material. The Administration has also included this allowance to establish unit prices for laboratory testing. The disposal of hazardous waste is not included.

D. The Contractor shall be compensated on a per job basis for all lavatory and sewage spill cleanup, fuel/oil spill cleanup and UST removal project. The labor and material rates found in Section P shall be used for determining compensation for the work.

E. The Contractor shall bill the Administration no more than thirty (30) minutes travel time each way for each emergency response service provided. The Contractor may bill additional time for the transport and disposal of sanitary wastes to an appropriate disposal facility.

F. The Administration shall reimburse the Contractor for all material at the rate found in Section

P. If material needed is not listed, it shall be reimbursed at the purchase price, which includes any tax or shipping, plus ten percent (10%) mark-up for handling. The Contractor shall be required to submit supporting documentation, such as parts invoices, with all invoices.

G. Labor on weekends, holidays or off hours shall be additionally compensated as an overtime rate. Overtime is to be listed in the Section P form for each labor position. This would include emergency work performed on weekends, holidays or early morning “off” hours between

6:00pm and 6:00am on weekdays and anytime during weekends or holidays.

H. If in the event the Contractor must obtain the services of a third-party vendor, the Contractor shall be compensated at the actual cost of the third party plus ten percent (10%) for administrative and handling fees, including state sales tax.

Contract No. MAA-MC-27-011

TP-1.12 Shift, Weekend, and Holiday Work

A. The Contractor shall conduct all work at such times and in such a manner to ensure the least interference with the traveling public. This may necessitate that the Contractor conducts its operation on an off-shift basis.

B. Work to be performed under this contract shall be accomplished as required to respond to spills at BWI Thurgood Marshall and MTN State Airports.

TP-1.13 Insurance Requirements

A. The Contractor shall be responsible for indemnifying the Administration, the State of

Maryland, the Maryland Department of Transportation, and their authorized officers, directors, agents, employees, volunteers, and representatives for any and all operations authorized under this Contract and as set forth elsewhere in this Contract.

B. The Contractor shall, at its own cost and expense, take out and carry in effect, through the term of this Contract (as defined elsewhere in this Contract) a policy or policies of insurance, with a reputable insurance company that is financially sound and, when possible, authorized to conduct business in the State of Maryland and upon whom process in any suit or action or other proceeding in the courts of the State of Maryland or of the United

States may be served, insuring the Contractor against all liability, subject to policy terms, conditions and exclusions, for injuries to persons (including wrongful death) and damages to property caused by the Contractor’s use and occupancy of the Premises or otherwise caused by the Contractor’s activities and operations on said Premises or elsewhere at the

Airport, the policy limits thereof to be in the minimum(s) which may be increased by the

Administration, as deemed necessary, as set forth below. Said levels of insurance are to cover claims arising in connection with this Contract and shall not be subject to any degree of depletion as a result of claims arising in connection with other activities undertaken by the Contractor.

C. The Contractor shall be responsible to ensure that all Subcontractors independently carry the minimum insurance requirements or are covered under the Contractor’s policies.

1. Commercial General Liability Insurance. The Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance.

a. The CGL insurance and, if necessary, commercial umbrella insurance shall be a limit of not less than Five Million Dollars ($5,000,000) for each occurrence and Five Million Dollars ($5,000,000) aggregate, which may be increased by the Administration, as deemed necessary.

b. The CGL insurance shall be written on ISO occurrence form CG 00 01 01

Contract No. MAA-MC-27-011

96 (or a substitute form providing equivalent coverage) and shall cover, but not be limited to, liability arising from Premises, Operations, Independent

Contractors and Subcontractors, Broad Form Coverage for Damage to

Property, Blanket Contractual Liability, Products-Completed Operations, Personal Injury and Advertising Injury, and liability assumed under an insured contract, and contain separation of insureds (cross liability) condition. Explosion, Collapse, and Underground Property Damage

Liability shall not be excluded.

c. The CGL insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the Administration.

There shall be no endorsement or modification of the CGL to make it excess over other available insurance. If the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured.

d. Waiver of Subrogation. Contractor waives all rights against the State of

Maryland, the Maryland Department of Transportation, the Administration and their agents, officers, directors, employees, volunteers, and representatives for recovery of damages to the extent these damages are covered by the CGL or umbrella liability insurance obtained by the

Contractor pursuant to this Contract.

e. Additional Insureds Endorsement. The CGL and, if necessary, commercial umbrella insurance shall be endorsed to identify the State of Maryland, the

Maryland Department of Transportation, the Administration, and their authorized officers, directors, agents, employees, volunteers, and representatives as additional insured’s, not named insureds, as their interest may appear in connection with this Contract. A policy endorsement evidencing same must be provided to the Administration in accordance with

Paragraph H. Evidence of Insurance.

f. Cancellation, Material Changes, or Non-Renewal Endorsement. The CGL and, if necessary, commercial umbrella insurance shall be endorsed to provide the Administration with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy endorsement evidencing same must be provided to the Administration in accordance with Paragraph H.

Evidence of Insurance.

2. Commercial Automobile Liability Insurance

a. The Contractor shall maintain automobile liability insurance and, if necessary, commercial umbrella liability insurance with a limit, which may be increased by the Administration, as deemed necessary, as set forth below:

Contract No. MAA-MC-27-011

1) Non-Restricted Areas (Areas accessible to the General Public). A limit of not less than Five Million Dollars ($5,000,000) for each accident.

2) Restricted Areas (Non-Movement Area Access – Aircraft ramp areas). A limit of not less than Five Million Dollars ($5,000,000) for each accident.

3) Restricted Areas (Movement Area Access – Runways and

Taxiways). A limit of not less than Ten Million Dollars

($10,000,000) for each accident.

b. This Contract does require the Contractor to have vehicular access to the

Restricted Areas of the Airport. The limit provisions of commercial automobile liability insurance for restricted areas in section C.2.a.3) apply to this Contract. If, at a later date, escorted or unescorted vehicular access to the restricted areas of the Airport are necessary or required for the

Contractor to carry out this Contract, then the appropriate insurance limits described above shall be obtained by the Contractor before accessing those restricted areas.

c. Such insurance shall cover liability arising out of any auto. If the

Administration does not own automobiles, then coverage, at a minimum, shall be for non-owned and hired autos.

d. Coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, or

CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA

00 01.

e. Waiver of Subrogation. The Contractor waives all rights against the State of Maryland, the Maryland Department of Transportation, the

Administration and their agents, officers, directors, employees, volunteers, and representatives for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by the Contractor pursuant to this Contract or under any applicable auto physical damage coverage.

f. Designated Insured Endorsement (Additional Insured). The automotive liability insurance and, if necessary, commercial umbrella insurance shall be endorsed on ISO endorsement form CA 20 48 (or a substitute form providing equivalent coverage) to identify the State of Maryland, the

Maryland Department of Transportation, the Administration, and their authorized officers, directors, agents, employees, volunteers, and representatives as additional insureds, as their interest may appear in

Contract No. MAA-MC-27-011 connection with this Contract. A policy endorsement evidencing same must

g. Cancellation, Material Changes, or Non-Renewal Endorsement. The automotive liability insurance and, if necessary, commercial umbrella insurance shall be endorsed to provide the Administration with at least thirty (30) days, ten (10) days for non-payment of premium, advance notice, in writing, of cancellation, non-renewal, or material change. A policy endorsement evidencing same must be provided to the

Administration in accordance with Paragraph H. Evidence of Insurance.

3. Worker’s Compensation and Employer Liability Insurance. Contractor shall maintain workers’ compensation and employer’s liability insurance.

a. Worker’s Compensation. Coverage shall be at statutory limits as required by the laws of the State of Maryland.

b. Employer’s Liability. The commercial umbrella and/or employers liability limits shall not be less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease, which may be increased by the

Administration as deemed necessary.

c. Waiver of Subrogation Endorsement (WC 00 03 13). Contractor waives all rights against the State of Maryland, the Maryland Department of

Transportation, the Administration and their agents, officers, directors, employee’s, volunteers, and representatives for recovery of damages to the extent these damages are covered by the workers’ compensation and employer’s liability or commercial umbrella liability insurance obtained by the Contractor pursuant to this Contract. The Contractor shall obtain an endorsement equivalent to WC 00 03 13 to affect this waiver which must

d. Cancellation, Material Changes, or Non-Renewal Endorsement. The workers compensation and employer’s liability insurance shall be endorsed to provide the Administration…