Invitation for Bids: | BidNet



MARYLAND PORT ADMINISTRATION OFFICE OF PROCUREMENTINVITATION FOR BIDS (hereinafter “IFB”)SOLICITATION REFERENCE NO. 215016-MSMALL BUSINESS RESERVE PROCUREMENT ONLYRAILROAD MAINTENANCEJune 19, 2015 The Maryland Port Administration (hereinafter "MPA" or “Administration”) is soliciting bids for all labor, supervision, materials, equipment and skills required to provide the MPA with qualified personnel to perform routine preventive maintenance and emergency repairs for rail maintenance at the following marine terminals: Dundalk Marine Terminal (hereafter “DMT”); South Locust Point Marine Terminal (hereafter “SLPMT”); Fairfield Terminal; Point Breeze; and other terminals and/or facilities that may be acquired during the contract period individually referred to as “Facility” and collectively as “Facilities”. North Locust Point Marine Terminal (hereafter “NLPMT”) and the Intermodal Container Transfer Facility (ICTF) (adjacent to SMT) will be handled as inspection sites only. The contract shall be performed in accordance with the attached Maryland Department of Transportation Terms and Conditions for Maintenance Services. This Solicitation is being conducted solely on eMarylandMarketplace. Bids will only be accepted online through eMarylandMarketplace. Anyone with questions or interested in becoming a member of eMarylandMarketplace should contact eMarylandMarketplace Help Desk at 4107671492 or go to the following website: bid responses must be submitted through eMARYLANDMARKETPLACE at no later than 11:00 AM, on July 8, 2015BID OPENING: After the deadline for receipt of bids has passed, there will be a public bid opening after 11:00 AM on July 8, 2015. The public bid opening will consist of the Procurement Officer going online and opening bids electronically in eMaryland Marketplace, in accordance with and subject to COMAR 21.05.02.11 and the Maryland Public Information Act. Once opened by the Procurement Officer, bids submitted on eMaryland Marketplace will be available for public inspection. Documents attached to bids on eMaryland Marketplace are not publicly viewable on eMaryland Marketplace; however, upon request the Procurement Officer will make available copies of attachments to bids or will arrange for viewing of the documents electronically on eMaryland Marketplace, in accordance with and subject to COMAR 21.05.02 11 and the Maryland Public Information Act.EMAIL, FAX, Mail, or Hand Delivery bids will not be accepted. If further information is required, contact the MPA, Office of Procurement, Teresa M. Barnes, Procurement Officer at 410-385-4844. Minority Business Enterprises Are Encouraged To Respond To This SolicitationProspective Offerors who have received this document from eMarylandMarketplace, or who have received this document from a source other than the Procurement Officer, and who wish to assure receipt of any changes or additional materials related to this should immediately contact the Procurement Officer and provide their name and mailing address so that amendments or other communications can be sent to them.NOTICE TO BIDDERSSMALL BUSINESS RESERVE PROCUREMENTThis 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 who are registered with the Department of General Services Small Business Reserve Program are eligible for award of a contractCRITERIA FOR QUALIFICATION AS A MARYLAND SMALL BUSINESS ENTERPRISEEffective October 1, 2012State Finance and Procurement Article, Annotated Code of Maryland, § 14-501(c)“Small business” means:(1)A certified minority business enterprise, as defined in § 14–301 of the State Finance and Procurement Article, Annotated Code of Maryland, that meets the criteria specified under paragraph (2) of this provision; or(2)A business, other than a broker, that meets the following criteria: (i)The business is independently owned and operated;(ii)The business is not a subsidiary of another business;(iii) The business is not dominant in its field of operation; and(iv) a. The wholesale operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years;b.The retail operations of the business did not employ more than 25 persons in its most recently completed 3 fiscal years;c.The manufacturing operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;d. The service operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;e.The construction operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years; andf.The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or2.a.The gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;b.The gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;c.The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;d.The gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;e.The gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; andf.The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.Further information on the certification process is available at dgs.state.md.us and click on the Small Business Reserve hyperlink.NOTICE TO VENDORSIn order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).Title: RAILROAD MAINTENANCE Solicitation No: 215016-M1.If you have chosen not to respond to this solicitation, please indicate the reason(s) below:( )Other commitments preclude our participation at this time.( )The subject of the solicitation is not something we ordinarily provide.( )We are inexperienced in the work/commodities required.( )Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)( )The scope of work is beyond our present capacity. ( )Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.)( )We cannot be competitive. (Explain in REMARKS section.)( )Time allotted for completion of the Bid/Proposal is insufficient.( )Start-up time is insufficient. ( )Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) ( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.(Explain in REMARKS section.)( )MBE or VSBE requirements. (Explain in REMARKS section.) ( )Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.)( )Payment schedule too slow. 2.If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).REMARKS: ______________________________________________________________________________Vendor Name: ______________________________________ Date: _____________________ Contact Person: _________________________________ Phone (____) _____ - __________Address: ______________________________________________________________________E-mail Address: ________________________________________________________________IFB KEY INFORMATION SUMMARY SHEETInvitation for Bids:RAILROAD MAINTENANCESolicitation Number:215016-MIFB Issue Date:June 19, 2015IFB Issuing Office:MAINTENANCEProcurement Officer:TERESA M. BARNESMARYLAND PORT ADMINISTRATION WORLD TRADE CENTER, BALTIMOREBALTIMORE, MARYLAND 21202Phone: (410) 385-4844 Fax: (410) 347-0776e-mail: tbarnes@ Contract Monitor:WILLIAM MILANIBids are to be sent to:OFFICE OF PROCUREMENTTERESA M. BARNESMARYLAND PORT ADMINISTRATIONWORLD TRADE CENTER, BALTIMOREBALTIMORE, MARYLAND 21202 Pre-Bid Conference:JUNE 25, 2015 @ 10 AM ESTTHE MARYLAND PORT ADMINISTRATION VISITORS CENTER 2001 BROENING HWYBALTIMORE, MD 21222Closing Date and Time:JULY 8, 2015@ 11 AM ESTPublic Bid Opening:JULY 8, 2015 AFTER 11 AM ESTTABLE OF CONTENTSPage 1 Cover PagePage 6 Table of Contents Page 7 Section I - Instructions to BiddersPage 14 Section II – Specifications ATTACHMENTSAttachment I Maryland Port Administration Terms and Conditions – Contracts for Services Attachment II Bid Proposal Affidavit Attachment III Contract AffidavitAttachment IV Contractor’s Environmental HandbookAttachment VHoliday ScheduleAttachment VIMPA Track Switch and Track Crossing ReportAttachment VIISmall Business Contract AffidavitAttachment VIIIBid WorksheetAttachment IXLiving Wage under Service ContractsAttachment XLiving Wage Affidavit and AgreementSECTION IINSTRUCTIONS TO BIDDERS1. Purpose The purpose of this written request for invitation for bid (“IFB) is to provide information to any person, parternship, corporation, or other entity interested in preparing and submittingbids to meet the MPA’S requirements for the necessary expertise, labor, supervision, materials, equipment and skills required to provide the MPA with qualified personnel to perform routine preventive maintenance and emergency repairs for rail maintenance at designated marine terminals.2. Issuing OfficeMaryland Port AdministrationProcurement Office World Trade Center, Baltimore 401 E. Pratt Street Suite 1100 Baltimore, Maryland 21202Procurement Officer:Teresa M. BarnesTelephone Number: (410) 385-4844Fax Number: (410) 347-0776E-mail: tbarnes@Time For Receipt of BidsIn response to this IFB, Bidders are instructed to submit their bids at on or before 11:00 AM on Tuesday, July 8, 2015. Bids not received by the time and at the date indicated shall be rejected. PREBID CONFERENCE/SITE VISIT; QUESTIONSA Site Visit is scheduled for Thursday, June 25, 2015 at 10:00 AM. No other site visits will be provided. Attendees of the site visit will meet at the Badging Center, 2001 Broening Hwy., Baltimore, 21224 at 9:45 AM (EST). Go inside of the Badging Center to register for attendance. From there MPA will transport attendees via van or bus to visit site. Attendance is limited to no more than two (2) representatives per bidding team. All attendees must preregister and are required to bring a safety vest. If you plan to attend, you must contact the Procurement Officer (in writing by email) no later than, Tuesday, June 23, 2015, with the following information: A Company name; B. Full name (first, middle initial and last name, as stated on your driver’s license); C. Phone number; D. Fax number; E. Email address; F. Driver’s license number and state issued (of those attending); and G. Indicate whether the attendee has a TWIC.Each attendee is required to bring a valid government issued driver’s license or photo identification (“ID”). All terminals are secure facilities. Access will be DENIED for any unregistered attendees. Any request for information, questions or inquiries regarding the requirements, obligation or specification of this solicitation, including all attachments, shall be submitted in writing to the Procurement Officer, via email no later than Monday, July 6, 2015 at 10:00 AM. Responses to questions or inquiries having any material effect on the bids shall be made by written addenda or by written notice sent to prospective bidders. Any verbal interpretations or oral statements made by MPA employees or other State employees or their representatives shall not be binding upon the MPA.PROCUREMENT METHOD This solicitation shall be conducted in accordance with Section 13-103 of the State Finance and Procurement Article, Annotated Code of Maryland and the Code of Maryland Regulations (hereinafter “COMAR”) 21.05.02. Specifically, the procurement method employed shall be competitive sealed bidding.DURATION OF BID OFFERBid pricing is irrevocable for ninety (90) days following the bid opening. However, the Procurement Officer may extend or reduce this period if he or she determines that it is in the State’s best interest.MUNICATIONS, QUESTIONS, AND INTERPRETATIONS PRIOR TO BID OPENINGAny information regarding the requirements or the interpretation of any provision, condition, obligation or specification of this IFB, including all attachments, shall be requested, in writing, from the Procurement Officer, and delivered no later than 10 days prior to the scheduled date of bid opening. Responses to questions or inquiries having any material effect on the bids shall be made by written addenda, or by written notice sent to all prospective bidders. Do not make verbal inquiries; do not change or alter the bid forms or place additional terms and conditions in the bid response.8.INVESTIGATIONThe bidder, by submitting its bid, acknowledges that it has investigated and satisfied itself as to the terms and conditions affecting the work solicited hereunder, including, but not restricted to, all drawings, plans, and specifications set forth herein. Any failure by the Contractor to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Administration assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Administration.9.AMENDMENTS TO INVITATION FOR BIDSA.Form. Each amendment to an IFB shall be in writing and included and identified as such in the bid.B.Acknowledgements. By submitting a bid, the bidder is acknowledging receipt of all amendments to the solicitation.10.RESIDENT BUSINESS PREFERENCEWhen awarding a Contract by competitive sealed bidding, if the State in which a nonresident firm submitting the lowest responsible bid is located gives a competitive advantage to its resident businesses, a procurement agency may give an identical competitive advantage to the Maryland firm submitting the lowest responsive and responsible bid in order to determine Contract award.A competitive advantage may include:A percentage preference;An employee residency requirement;Any other provision that favors a nonresident firm over a Maryland firm.This provision shall not apply if it conflicts with any Federal grant or regulation affecting this Contract. 11.BID EVALUATION AND AWARDGeneral. The Contract is to be awarded to the responsible and responsive bidder whose bid meets the requirements as set forth in the IFB, and is the lowest cost as shown on eMarylandmarketplace. Upon determination of the lowest bidder, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Administration requires the successful bidder to submit an executed copy of the Contract Affidavit (Attachment III) five (5) days after notice of intent to award. 12.PREPARATION AND EXECUTION OF BIDPAY CAREFUL ATTENTION TO THESE INSTRUCTIONSThe bidder shall submit its bid via eMaryland Marketplace before the time and date specified (July 9, 2015). Bids will not be accepted by any other means. The bidder shall insert their “total bid price”/”basis for award” on Line #001on the eMaryland Marketplace bid form. The bidder must print out the following documents: Attachment II-Bid Proposal Affidavit, Attachment VII-Small Business Contract Affidavit, Attachment VIII-Bid Worksheet, and Attachment X- Living Wage Affidavit and Agreement, RENAME THE DOCUMENTS WITH A NAME UNIQUE TO THE BIDDER. Attach the documents to the electronic bid submitted in eMaryland Marketplace.1. Sole Proprietorship – signed by proprietor with full name and address. 2. Partnerships and Joint Ventures – signed by official of the partnership or joint venture authorized by said partnership or joint venture to bind the partnership or joint venture. 3. Corporation – signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, there must be attached a copy of that portion of the ByLaws’ or a copy of a Board resolution, duly certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation. In lieu thereof, the corporation may file such evidence with the Administration, duly certified by the corporate secretary, together with a list of the names of those officers having authority to execute documents on behalf of the corporation, duly certified by the corporate secretary, which listing shall remain in full force and effect until such time as the Administration is advised in writing to the contrary. 4. Public Information Act Notice - Bidders should give specific attention to the identification of those portions of their proposals which they deem to be confidential, proprietary information, or trade secrets, and should provide any justification of why such materials, upon request, should not be disclosed by the State under the Maryland Public Information Act, Section 10-611 et seq. of the State Government Article of the Annotated Code of Maryland. A blanket statement that the entire bid is confidential is not acceptable. If the bidder fails to identify information as confidential, proprietary or trade secret, the MPA will assume that the bidder (or Contractor, if applicable) considers it to be available for public inspection upon a request governed by the PIA.13. MULTIPLE OR ALTERNATE BIDS Multiple or alternate proposals will not be accepted.14. BID PROTESTS AND CLAIMSProtests and claims (or disputes) may not be filed electronically, including by any of the means specified in COMAR 21.03.05.02B(2). This provision shall not be construed as permitting or prohibiting other electronic transactions relating to this procurement. Protests and claims are governed by COMAR 21.10. 15. ELECTRONIC TRANSACTIONSA.Under COMAR 21.03.05, unless otherwise prohibited by law, MPA may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a contract, as provided in the Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21, Annotated Code of Maryland. B.Participation in the solicitation process on a procurement contract for which electronic means have been authorized shall constitute consent by the bidder/offeror to conduct by electronic means all elements of the procurement of that contract which are specifically authorized under the solicitation or the contract. C.“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, electronic mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g. eMaryland Marketplace), and electronic data interchange. D.In addition to specific electronic transactions specifically authorized in other sections of this IFB (e.g., Section, Payment by Electronic Funds Transfer) and subject to the exclusions noted in this Section 1.37, the following transactions are authorized to be conducted by electronic means on the terms described: 1.The Procurement Officer may conduct this procurement using eMaryland Marketplace, e-mail or facsimile to issue: (a)the solicitation (e.g. the IFB); (b)any amendments; (c)pre-proposal conference (if any) documents; (d)questions and responses; (e)communications regarding the solicitation or proposal to any offeror or potential offeror including requests for clarification, explanation, or removal of elements of an offeror’s proposal deemed not acceptable; (f)notices of award selection or non-selection; and (g) the Procurement Officer’s decision on any protest or Contract claim. 2.An offeror or potential offeror may use e-mail or facsimile to: (a)ask questions regarding this solicitation; (b)reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer; (c)request a debriefing; or, (d)submit a “No Bid Response” to this solicitation. 3.The Procurement Officer, the State’s Contract Manager and the contractor may conduct day-to-day contract administration, except as outlined in subsection E utilizing e-mail, facsimile or other electronic means if authorized by the Procurement Officer or Contract Manager. E.The following transactions related to this procurement and any contract awarded pursuant to it are not authorized to be conducted by electronic means: 1.submission of initial bids or proposals;2.filing of protests; 3.filing of contract claims; 4.submission of documents determined by MPA to require original signatures (e.g. contract execution, contract modifications, etc); or 5.any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the contractor, bidder or offeror be provided in writing or hard copy. F. Any facsimile or electronic mail transmission is only authorized to the facsimile numbers or electronic mail addresses for the identified person as provided in the IFB, the Contract, or in the direction from the Procurement Officer or Contract Manager.16.ACCESS TO MPA FACILITIES; MPA SECURITY; TWIC(a) As used in this provision, “personnel performing the contract” means the contractor and its employees, and all subcontractors and suppliers at any tier and their employees, including all individuals delivering goods to MPA terminals.(b) Personnel performing the contract, including personnel delivering goods, shall be subject to all policies and procedures of MPA or applicable to MPA regarding (1) the security of MPA facilities, (2) ingress and egress to or from MPA facilities, and (3) movement within MPA facilities. Such policies and procedures include those relating to the Transportation Worker Identification Credential (TWIC). Applicable policies and procedures can be found at the MPA website (under Port Security) at: and at . The contractor shall comply with and be bound by all such policies and procedures, at no additional cost to MPA. (c) The contractor shall not be excused from performance of the contract by the failure of personnel performing the contract to possess a TWIC or by MPA’s refusal to allow personnel performing the contract from using on an approved escort company to gain access to MPA terminals.Effective Monday November 14th, 2011, Vendors/Visitors (“V/V”) access to the Dundalk (“DMT”) and Seagirt (“SMT”) Marine Terminals has changed.?V/V will now be required to enter and exit via the DMT Truck Gate instead of the Private Occupancy Vehicle (“POV”) Gate. Lane number [7] will be dedicated for V/V use upon entry. ?This lane has both a High and Low Phone and Intercom to communicate with a guard.V/V will pull up to the pedestal and pick up the phone and talk to a guard located in the Gate Security Building to determine their purpose for being here. If the V/V is active in the security access system (mVisitor), they will be issued a gate pass and be directed to the next guard for ID and TWIC verification. ?If all is not in order they will be issued a Turn-Around Pass and instructed what to do. ?All V/V must enter and exit via the Dundalk Truck Gate during regular business hours [0630-1800]. All V/V seeking access outside of regular business hours will use the POV Gate as they currently do.All protocols for V/V and or stores delivery, in regards to m-Visitor are still in place and will not change.All TWIC protocols are still in place and will not change. 17.LIVING WAGEThis Contract is subject to Title 18 of the State Finance and Procurement Article, Annotated Code of Maryland (the “Living Wage Law”), respecting the payment of a Living Wage. For details, please refer to: Attachment IX - Living Wage Under Service ContractsB. Living Wage Affidavit and Agreement, Attachment X shall be filled out, executed and submitted.18.SAFETY AND HEALTH PROGRAMAt the time of award, the Contractor should provide a copy of its Safety and Health Program.?The Safety and Health Program should require adherence to all applicable state and federal regulations (see Attachment IV-Contractor’s Environmental Handbook).?At a minimum, it should provide a description of the following:Accident Reporting and Investigation and First AidSafety Inspection ProgramResponsibilities of project personnel Emergency ProceduresPersonal Protective Equipment, including fall protectionSafety Training (Records should be available)Hazard Communication procedures, including written programIdentification of chemicals to be used and stored on siteTypes of equipment used and required training, including mobile equipmentLockout/Tagout ProgramJob Hazard Analysis for the work to be performedSCOPE OF SERVICES215016-M RAIL MAINTENANCE SERVICES2.1 GENERALThe Maryland Port Administration (hereinafter "MPA" or “Administration”) is soliciting bids for all labor, supervision, materials, equipment and skills required to provide the MPA with qualified personnel to perform routine preventive maintenance and emergency repairs for rail maintenance at the following marine terminals: Dundalk Marine Terminal (hereafter “DMT”); South Locust Point Marine Terminal (hereafter “SLPMT”); Fairfield Terminal; Point Breeze; and other terminals and/or facilities that may be acquired during the contract period individually referred to as “Facility” and collectively as “Facilities”. North Locust Point Marine Terminal (hereafter “NLPMT”) and the Intermodal Container Transfer Facility (ICTF) (adjacent to SMT) will be handled as inspection sites only. The contract shall be performed in accordance with the attached Maryland Department of Transportation Terms and Conditions for Maintenance Services. 2.2 CONTRACTOR’S RESPONSIBILITYThe contractor shall perform the following rail maintenance services under the direction of the MPA General Manager of Facility Maintenance or his designee:Maintain the level and grade of railroad track at MPA’s facilities;Perform inspections, weekly, monthly and at the direction of the MPA; of MPA’s railroad track, switches and other related gear to identify hazardous and wearing conditions and report same to the MPA General Manager of Facility Maintenance or his designee; Repair railroad track switches, boxes and associated gear;Provide all vehicles, equipment, tools necessary to perform track maintenance and repair; NOTE: The contractor shall furnish an adequate utility truck or vehicle for the transportation of his/her employees and tools throughout the marine terminals as well as hauling heavy equipment such as backhoes, loaders, new rail, ties, and timbers.Perform monthly preventive maintenance procedures on all track and switches to achieve an effective track and switch maintenance program in accordance with MPA’s preventive maintenance program, and all federal, state and local laws and regulations applicable to this work;Review existing preventive maintenance program and make recommendations as appropriate to ensure compliance with current industry standards; Perform field investigations of train derailments, accidents and submit written report(s) to the General Manager of Facility Maintenance or his designeeDispose of used railroad ties and switch ties andPerform any other duties reasonably related to railroad track maintenance as directed by the MPA General Manager of Facility Maintenance or designee.2.3 STAFFINGPersonnel: Contractor shall provide one working Supervisor/Track Inspector, one qualified Trackman and one Laborer. Alternate Personnel: Contractor shall provide alternate personnel, for MPA approval, for each of the above positions as follows:One Alternate Supervisor/Track InspectorOne Alternate TrackmanTwo Alternate LaborersQualification Process: The qualifications of personnel assigned under this Contract are critical. MPA hereby reserves the right to review and approve all personnel Contractor intends to assign to the Contract, prior to said assignment. As part of the review and approval process, and in order to validate minimum experience requirements, MPA reserves the right to interview proposed personnel. In the event that MPA finds that a person(s) to be assigned or on assignment with the MPA is not acceptable, for whatever reason, Contractor will not assign that person and shall remove that person from the Contract. The Contractor shall replace all unqualified personnel within twenty-four (24) hours.2.4 WORK HOURSRegular Work Days: Work shall be performed on a 7:00 AM to 3:30 PM daily basis (1/2 hour off for lunch), five days per week (with Saturdays and Sundays off). Holidays: Contractor may be required to work certain holidays as governed by the operation of MPA’s marine terminals. Holiday work shall be paid at time and a half. The MPA shall notify the Contractor when holiday coverage is required. The MPA is governed by the State of Maryland’s holiday schedule (Attachment V).The MPA will only pay for time worked.Emergency Situations: The Contractor shall designate a working Supervisor/Inspector who shall be available to respond to any rail emergency twenty four hours a day, seven days a week. Work performed on an emergency basis shall be paid at time and a half. Upon notification of an emergency situation by the MPA General Manager of Facility Maintenance or designee, the Supervisor/Inspector shall respond on site within two (2) hours after said notice is received. 2.5 REPORTSContractor shall provide written inspection reports to the MPA in accordance with the attached form labeled, Attachment VI, Maryland Port Administration, Track Switch and Track Crossing Report in the manner and schedule as directed by the MPA General Manager of Facility Maintenance. Failure to furnish the reporting of information specified herein may be treated by MPA as a material breach of this contract, and may result in termination of the contract for default.2.6 DURATION OF CONTRACT; MPA OPTION TO RENEWThe term of this Agreement shall commence on the date established in the Notice to Proceed from the Administration, and shall be in full force and effect for a period of five (5) years, unless terminated earlier in accordance with the terms of this Agreement.2.7 PAYMENTSubject to the performance of the work and its acceptance by the MPA, Contractor shall invoice the MPA for all appropriate charges for services performed during the billing period. All such charges shall be derived in accordance with the prices on the bid work sheet, attached hereto and made a part hereof. In the event that Contractor is not in default of any of the contract terms and conditions, then MPA shall cause said invoice to be timely paid.2.8 MINIMUM REQUIREMENTS FOR PERSONNEL a.Key PersonnelKey personnel assigned to this contract shall meet the minimum requirements set forth in 49 Code of Federal Regulations §213.7, and the requirements stated in b. b. Supervisor/Inspector In addition to the federal regulatory requirements, the Contractor must demonstrate that the Supervisor/ Inspector (and proposed alternate) to be assigned to this contract meets the following requirements:Possess a minimum of (5) years experience performing the duties of a track inspector which includes supervising the work of trackmen. The Supervisor/Inspector shall be capable of inspecting and maintaining all tracks in accordance with Federal Railroad Administration’s Track Safety Standards Part 213, Subpart A to F, Class 1-5.Prior to beginning work, the Contractor shall submit a copy of the resume of the proposed Supervisor/Track Inspector to the General Manager of Facility Maintenance or his designee. This proposed candidate may be subject to an interview. This experience shall include but need not be limited to identifying wide gauge, identifying deteriorating ties and timbers, installing and maintaining switches, rerouting trains, performing field investigations of train derailments, accidents preparation of typewritten report(s); Possess a valid Maryland Driver’s License , Class “C” License;The Contractor will certify, in writing, that all personnel are trained and skilled in powered industrial trucks including a backhoe, loader and other related equipment, as required by OSHA and any and all regulatory bodies;The Contractor will provide for review a copy of its Railroad Worker Safety Program as required under Federal Regulations; c. Trackmen The proposed trackmen (and proposed alternates) shall have a minimum of one (1) year experience performing trackmen duties to include but need not be limited to:oiling switches, assisting in the removal of deteriorated rail ties and replacement ofnew rail ties and switch targets and, assisting in track and switch repairs and other work as needed. Possess a valid Maryland Driver’s License , Class “C” LicenseTrained and skilled in operating a backhoe, loader and other related equipment. d. LaborersAlthough not required, it is desirable that the proposed laborer (and proposed alternates) have some experience working on rail and in rail yards. e. ResumesResumes documenting the experience required herein must be submitted for the track inspector/working supervisor and each trackman designated to be assigned to this contract. Proof of possession of a valid Maryland Driver’s License, Class “C” shall be accompanied with the resume. f. Contractor’s Health & Safety Program For Chromium Work Projects:As required under 29 CFR 1910.120, Hazardous Waste Operator and Emergency Response (HAZWOPER, Attachment XV (B) ;Initial training (24 hour) for all employees;Supervisor Training (8 hour)Medical qualification and/or surveillance physicals for HAZWOPERAs required under 29 CFR 1910.135, Respiratory Protection;Development and implementation of a Respirator Protection Program Medical qualification to wear respiratory protection;Training for respiratory protection; Fit-testing and issuance (initial and ongoing) of respiratorsOther materials and equipment required for working in the for year one of the contract.As required under 29 CFR 1910.120, Hazardous Waste Operator and Emergency Response (HAZWOPER, Attachment V (B);Refresher training (8 hour) for all employees;Medical qualification and/or surveillance physicals for HAZWOPER As required under 29 CFR 1910.135, Respiratory Protection;Medical qualification to wear respiratory protectionTraining for respiratory protectionFit-testing and issuance (initial and ongoing) of respiratorsOther materials and equipment required for working in the “HAZWOPER” area will be provided by MPA. RESPONSIBILITY REQUIREMENTS a. Experience – DocumentationSubmit with the bid documentation demonstrating that the bidding company has substantial experience in the work of the nature described under this Contract; and that its key personnel primarily responsible for the work have substantial construction supervision experience in the work of the nature described under this Contract. Submit with the bid documents at least three (3) rail maintenance contracts of similar scale and type representative of the most recent work within the past five (5) years by the bidder and its key personnel who will work on this Contract. The list shall include a brief but comprehensive description with current contact name and phone number as a reference with respect to each project. A maximum of one (1) letter size page may be used for each project. The intent of these prequalifications is to show the bidding company’s ability to perform rail maintenance for facilities such as the multiple marine terminals that are the subject of this contract. EvaluationEvaluation of the bidding company and its personnel experience submittals shall be reasonably acceptable to the Administration, in its exclusive judgment, as a matter of responsibility of the bidder to perform the contract. Such judgment and can render the bid non-responsible and the Contract can be awarded to the next qualified bidder.c. ResponsivenessFailure of a bidding company to document the experience addressed in Section 6.A above and three (3) similar projects with contact information regarding those projects can render the bid non-responsive and the Contract can be awarded to the next qualified bidder.2.10 DISPOSAL OF RAILROAD TIES AND SWITCH TIESThe Contractor will be required to dispose of properly, all railroad ties and switch ties that have been deemed unusable by the MPA. Disposal shall be off MPA property and in accordance with all applicable laws. At the last business day of each month, the Contractor’s Supervisor/Inspector shall inventory all unusable railroad ties stockpiled on MPA’s property and submit, in writing, the number to the General Manager of Facility Maintenance or his designee. Once an amount of railroad ties has been agreed upon, the Contractor will have five (5) working days to remove the said ties from MPA property and certify to the MPA that said ties were disposed of properly. The plan for disposal of ties should be submitted to the MPA prior to commencing work. The plan should include how ties are stored for disposal, disposal or recycling facilities (name, location, and operating permits), waste stream descriptions, if appropriate. The MPA may at a future date decide that it is in its best interest to resume disposal of the railroad ties. 2.11 INSURANCE REQUIREMENTSThe requiring of any and all insurance as set forth in these specifications, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract Documents as defined in the Maryland Department of Transportation Terms and Conditions for Maintenance Services and including Contract Documents as defined in the Sample Service Agreement.No acceptance and/or approval of any insurance by the Maryland Port Administration shall be construed as relieving or excusing the contractor, or the Surety of his Bonds, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.The Contractor shall at all times during the term of this contract, and until it has received Notice of Final Acceptance by the Maryland Port Administration, maintain in full force and effect the polices of insurance required by this Section. The Contractor shall provide the Maryland Port Administration with evidence that the required insurance coverage has been obtained. Such evidence may be provided by certificates of insurance duly issued and certified by the insurance company or companies furnishing such insurance. Certificates shall indicate effective dates and dates of expiration of policies. However, the Contractor, if requested by the Maryland Port Administration, shall provide certified true copies of any or all of the policies of insurance to the Maryland Port Administration.Such evidence of insurance must be delivered to the MPA Office of Procurement within ten (10) days of the date of the notice of award and before the start of any work under this contract. In the event, the evidence of insurance is not received within ten (10) days of the date of the notice of award, or if such evidence shows that the insurance coverage is insufficient respecting the limits and scope specified herein, then the MPA Office of Procurement reserves the right to cancel the notice of award because of breach of contract and award the contract to the next higher responsive and responsible bidder. Time is of the essence.The Contractor shall not commence work under this contract until all the insurance required under this section has been obtained and approved by the Maryland Port Administration, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and approved.All insurance policies required by this Section, or elsewhere in the Contract Documents, shall be so endorsed as to provide that the insurance carrier will be responsible for giving immediate and positive notice to the Maryland Port Administration in the event of cancellation or material modification of the insurance policy by either the insurance carrier or the Contractor, at least sixty (60) days prior to any such cancellation or modification. A copy of the endorsement for each insurance policy shall be submitted to the Maryland Port Administration before any work under this contract commences.The Contractor shall purchase and maintain during the life of this contract:A. Workers' Compensation1. Workers' Compensation insurance as required by the laws for the State of Maryland, which shall include Employer's Liability coverage with a minimum limit of $500,000.2. Such policy or policies of insurance mentioned above shall also include coverage for the benefits as set forth under the U.S. Longshoremen and Harborworkers Compensation Act, the Jones Act and other Federal laws where applicable.B.Liability InsuranceOccurrence forms of comprehensive general liability insurance covering the full scope of this agreement with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for personal or bodily injuries and $1,000,000 per occurrence and aggregate for property damage. A combined single limit per occurrence of $2,000,000 is acceptable. All policies issued shall include permission for partial or total occupancy of the premises by or for the Maryland Port Administration within the scope of this Contract. Such insurance shall include but shall not be limited to, the following:prehensive general liability insurance including a comprehensive broad form endorsement and covering: a) all premises-operations, b) completed operations, c) independent Contractors, d) liability assumed by oral or written contract or agreement, including this contract, e) additional interests of employees, f) notice of occurrence, g) knowledge of occurrence by specified official, h) unintentional errors and omissions, i) incidental (contingent) medical malpractice, j) extended definition of bodily injury, k) personal injury coverage (hazards A and B) with no exclusions for liability assumed contractually or injury sustained by employees of Contractor, l) broad form coverage for damage to property of the Maryland Port Administration, as well as other third parties resulting from completion of the Contractor's services.prehensive business automobile liability insurance covering use of any motor vehicle to be used in conjunction with this contract, including hired automobiles and non-owned automobiles.If any operations performed within the scope of this Contract by Contractor or its Subcontractors require the use of any aircraft or watercraft (owned or non-owned), Contractor shall maintain liability insurance satisfactory to the Maryland Port Administration to cover such activities. Such coverage must be included as underlying insurance in any umbrella policies carried by the Contractor. 3. Railroad ‘s Protective Public Liability InsuranceIn addition to the above, Contractor shall furnish evidence that with respect to its operations on a railroad right-of-way or of any of its subcontractors, it has provided Railroad Protective Public Liability Insurance (AAR-AASHTO) form) in the name of the Maryland Port Administration providing for a limit of not less than ($2,000,000) single limit, bodily injury and/or property damage combined, for damage arising out of bodily injury, and/or property damage combined, for damage arising out of bodily injuries to or death of all persons in any one occurrence and for damage to or destruction of property, including the loss of use thereof, in any one occurrence. Such insurance shall be furnished with an aggregate of not less than ($6,000,000) for all damages as a result of more than one occurrence.Said insurance shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed and normally accepted. Failure to carry or keep such insurance in force until all work is satisfactorily completed shall constitute a violation of Contract. Contractor shall furnish to the Maryland Port Administration the original of the AAR-AARSHTO policy for Railroad’s Protective Public Liability Insurance. The policy shall be endorsed to provide that the insurance company shall notify Teresa M. Barnes, Procurement Officer, 401 E. Pratt Street, Baltimore, MD 21202 by registered or certified mail at least thirty days in advance of termination of, or any change in, the policy. It is agreed that the providing of any conductors, flagmen or other employees shall not relieve Contractor from liability or payment for any damages caused by its operations.It is the sole responsibility of the Contractor to see that any and all of its Subcontractors or their Subcontractors carry insurance required herein to the extent Contractor wishes to impose on its Subcontractor such liability insurance. Automobile liability insurance required herein shall be provided by each Subcontractor. The Contractor shall be held responsible for compliance and enforcement of the Maryland Port Administration's insurance requirements and the Contractor’s own requirements and for any modifications or waivers of these insurance requirements as they apply to Subcontractors.The Maryland Port Administration shall have the right to require that the limits of liability set forth in the above paragraphs hereof be raised if in its sole judgment economic or insurance market conditions warrant. If additional costs are incurred because of raised limits, the pre-approved additional cost shall be added to the Contract Sum.Without limitation of any other provisions of this contract, if (a) the Contractor's agreement herein to insure or to name as an additional insured the Maryland Port Administration or MDOT with respect to contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, or (b) any Contract of insurance between the Contractor or any Subcontractor and its insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of Contractor's agreements and obligations under the Contract Documents nor the validity or enforceability of such contract of insurance, each of which shall be enforced to the fullest extent permitted by law.The furnishing of evidence of insurance by certificate or policy copy that is not in conformance with the above requirements shall not constitute a waiver or amendment of the requirements. Any modification or waiver of the requirements is only effective if provided by the Maryland Port Administration in writing to the Contractor and agreed to by signature of any authorized Officer of the Contractor. ................
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