Document Sample
					                           MARYLAND PORT ADMINISTRATION
                               OFFICE OF PROCUREMENT
                                 INVITATION FOR BIDS
                         SOLICITATION REFERENCE NO. 210118-S

December 10, 2009

The Maryland Port Administration (“MPA”) is soliciting competitive sealed bids for all
necessary expertise, labor, supervision, materials, and equipment and transportation required to
provide armored car service at the South Locust Point Cruise Terminal in Baltimore, Maryland.
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 410-767-1492 or go to the
following website:

Bid Due Date and Time:
Bids will be opened electronically in eMarylandMarketplace as soon as practicable after the deadline for
receipt of bids in the solicitation.


Address all questions regarding this solicitation to the MPA Procurement Officer:

                                          Teresa M. Barnes
                                    Maryland Port Administration
                                        Office of Procurement
                                  2310 Broening Highway, Suite 260
                                      Dundalk, Maryland 21224
                                      Telephone: 410-631-1142
                                          Fax: 410-631-1009

NOTE: Prospective 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 IFB should immediately
contact the Procurement Officer and provide their names and mailing addresses so that
amendments to the IFB or other communications can be sent to them. Amendments will be
posted on eMarylandMarketplace.

                                   FOR BIDS

                                      TABLE OF CONTENTS

COVER PAGE                                                             Page 1

TABLE OF CONTENTS                                                      Page 2

SECTION I - Instructions to Bidders                                    Page 3

SECTION II - Scope of Work/Specifications                              Page 11


Attachment I           MDOT General Conditions for Service Contracts

Attachment II          Bid Work Sheet

Attachment III         Bid Proposal Affidavit

Attachment IV          Contract Affidavit

Attachment V           Company Profile

Attachment VI          Performance Bond Form

Attachment VII         Living Wage under Service Contracts

Attachment VIII        Living Wage Affidavit

Attachment IX          Small Business Contract Affidavit

Attachment X           Current Cruise Schedule 2010

Attachment XI          Contractor Environmental Handbook

                                        SECTION I
                                INSTRUCTIONS TO BIDDERS
                                   INVITATION FOR BIDS


     This Invitation For Bids (“IFB”) is being advertised to provide information to any person,
     partnership, corporation, or other entity interested in preparing and submitting bids to meet the
     MPA’s requirements for the necessary expertise, labor, supervision, materials, and equipment
     required to provide effective “armored car service” at the South Locust Point Cruise Terminal in
     Baltimore, Maryland.


     Maryland Port Administration
     Procurement Office
     Maritime Center II at Point Breeze
     Second Floor, Suite 260
     2310 Broening Highway
     Baltimore, Maryland 21224-6621

     Procurement Officer:
     Teresa M. Barnes
     Telephone Number: (410) 631 - 1142
     FAX Number:        (410) 631 - 1009

     The sole point of contact in the Administration for purposes of the IFB is the Issuing


     There will be no pre-bid conference.


     This Solicitation is being conducted solely on eMarylandMarketplace. Bids will only be
     accepted online through eMarylandMarketplace at the following website:

     Bid Due Date and Time: Wednesday, December 30, 2009 @ 10:00 AM


     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.


     Bids are irrevocable for 90 days following bid opening. The Procurement Officer may, however,
     extend or reduce this period if he or she determines that it is in the State’s best interest.


     Any 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, and do not change or alter the bid forms or place additional terms and conditions in the
      bid response.

      Any verbal interpretations or oral pre-bid statements made by the Administration employees, or
      other State employees or their representatives shall not be binding upon the Administration.


      The 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 may 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.


      Where designated as estimated quantities, the quantities in the prepared bid schedule are
      approximate only. Payment to the Contractor will be made only for the actual quantities of work
      performed or materials furnished in accordance with the Contract.



      A. The bidder shall submit its bid via eMaryland Marketplace before the due date and time
      specified. Bids will not be accepted by any other means. The bidder shall insert “0” (zero) on
      Line #001 in the eMaryland Marketplace bid form. The bidder must then electronically save the
      Bid Work Sheet (Attachment II), the Bid Proposal Affidavit (Attachment III), the Contract Affidavit
      (Attachment IV), Company Profile (Attachment V), and Living Wage Affidavit (Attachment VIII),
      RENAME the document(s) with a name unique to the bidder, and attach the completed forms with
      the new name to the electronic bid submitted in eMaryland Marketplace.

      The sole purpose of putting “0” in the eMaryland Marketplace bid for Line Item #001 is to allow
      for the attachment and submission of the completed Solicitation Work Sheet.

      B. The bid form(s) shall be filled out legibly or typed. All bids shall be signed. All erasures or
      alterations shall be initialed by the signer. The bids shall be executed as follows depending on
      the bidder’s form of business organization:

              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 the president or vice president, 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 By-Laws 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.

      C. 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.


      The successful bidder shall be required to submit to the MPA a fidelity bond in a form acceptable
      to MPA in the amount of $45,000.00. The bond shall be delivered by the bidder to the MPA
      within ten (10) business days after the date of the notice of intent to award and before the
      execution of the Contract. If the bidder fails to deliver the required fidelity bond, its bid may be
      rejected, its bid security enforced, and award of the Contract may be made to the next lowest
      responsible and responsible bidder.

      The fidelity bond shall be executed by the Contractor and a corporate bonding company licensed
      to transact such business in Maryland and acceptable to the MPA. The MPA shall be named as
      obligee to this bond. The expense of this bond shall be borne by the Contractor.


      A. Prior to execution of the contract by the MPA, the selected Contractor shall be required to
         execute and deliver to the MPA performance security in the amount equal to at least 100% of
         the total annual contract price. If the Contractor fails to deliver the required performance
         security, the Contractor’s bid shall be rejected on the ground that the bidder is not responsible.

      B. The required performance security shall consist of: (1) a Performance Bond issued by a
         corporate surety licensed by the Maryland Insurance Administration to write surety bonds in the
         State of Maryland, on the form attached hereto as Attachment VI; (2) a letter of credit in a form
         satisfactory to the MPA and provided by a bank satisfactory to the MPA; or (3) cash.

      C. A letter of credit provided as performance security shall be irrevocable and shall provide that the
         issuing bank shall pay the amount stipulated in the letter of credit immediately upon (1) a
         declaration by the MPA of default by the contractor on the contract and (2) a demand by the
         MPA for payment on the letter of credit.

      D.    As used in this provision, “surety” includes a bank issuing a letter of credit as performance
           security. It is understood that the surety’s obligation is for a term of one year only. The surety will
           not be obligated to bond or secure any subsequent one year periods, but if the surety desires to
           renew the bond or letter of credit for any additional one year periods, it will do so by providing a
           continuation certification or new performance guarantee. Annually, the contractor shall provide a
           new performance guarantee or a properly executed rider to the last performance guarantee
           provided under this contract, all as directed by the MPA.. The failure of the surety to provide a
           bond or letter of credit for any subsequent periods shall not result in any default of any bond or
           letter of credit previously furnished covering any base or renewal term.


      A.       Form. Each amendment to an IFB shall be in writing and identified as such.

      B.      Acknowledgements. Unless otherwise provided, the bidder shall acknowledge receipt of
              all amendments.


      Bids may be modified or withdrawn by written notice received in Issuing Office before the time
      and date set for bid opening.


      As provided in COMAR 21.06.02, the Administration may cancel this IFB in whole or in part
      before opening of bids when the Administration determines this action is fiscally advantageous or
      otherwise in its best interest.


      As provided in COMAR, the Administration may reject any bid in whole or in part
      when it is in the best interest of the State to do so.


      Unless multiple or alternate bids are requested in the solicitation, these bids may not be
      accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as
      though it were the only bid submitted by the bidder.


      The MPA has established a minimum contract goal of zero (0) % percent Minority Business
      Enterprise (MBE) participation for this Contract. It is the goal of the Maryland Department of
      Transportation that MBEs participate in all contracts, and the Contractor is encouraged to utilize
      MBE subcontractors where there is the opportunity to do so.

      Effective on October 1, 2009, Minority Business Enterprise (MBE) firms may elect to be dually
      certified as woman-owned businesses and as members of an ethnic or racial category. For
      purposes of achieving any gender or ethnic/racial MBE participation subgoals in a particular
      contract, an MBE firm that has dual certification may participate in the contract either as a
      woman-owned business or as a business owned by a member of a racial or ethnic minority
      group, but not both.


         A firm must be listed in the MDOT MBE/DBE Directory with the gender category in
          order to be used to meet the gender subgoal.
         A firm must be listed in the MDOT MBE/DBE Directory with an ethnic/racial category in
          order to be used to meet the ethnic/racial subgoal.
         A firm must be listed in the MDOT MBE/DBE Directory with both the gender and
          ethnic/racial categories in order for a contractor to have the option of selecting which
          of those categories it will use for the firm on a State contract.
         Contractors should designate whether the MBE firm will be used as a woman-owned
          business or as a business owned by a member of a racial/ethnic group before
          calculating the percentage of MBE participation goals and subgoals they intend to



      Protests and claims (or disputes) may not be filed electronically, including by any of the means
      specified in COMAR This Section 2.20 shall not be construed as permitting or
      prohibiting other electronic transactions relating to this procurement. Protests and claims are
      governed by COMAR 21.10


      By submitting an offer in response to this IFB, a bidder shall: (1) be deemed to have accepted all
      the terms, conditions, special provisions, and requirements set forth in this IFB, including all
      Attachments to the IFB; and (2) if selected for award, agrees that it will comply with all Federal,
      State, and local laws applicable to its activities and obligations under the Contract, including but
      not limited to, all applicable licensing requirements.


      By submitting a response to this solicitation, a bidder shall be deemed to represent that it is not in
      arrears in the payment of any obligation due and owing the state of Maryland, including the
      payment of taxes and employee benefits, and shall not become so in arrears during the term of
      the contract.


      A. The Contractor is responsible for, and by submitting a bid agrees to pay, all retail sales,
      income, real estate, sales and use, transportation and special taxes applicable to and assessable
      against any materials, equipment, processes and operations incident to or involved in the
      construction. The Contractor is responsible for ascertaining and acquainting himself with such
      taxes and making all necessary arrangements to pay same.

      B. The Contractor shall indicate its Federal Tax Identification or Social Security number on the
      face of each invoice billed to the Administration.

      C. The Administration or the Comptroller of the Treasury may withhold any payment under this
      Contract until the Contractor and any subcontractors performing any duties under this Contract
      have paid all State taxes or other obligations due the State of Maryland. The taxes or other
      obligations shall be resolved either by set-off of the amount due the Contractor against the
      amounts due the State or by direct payment.


      Bidders and Contractors providing materials, equipment, supplies or services to the State of
      Maryland herewith agree to comply with Section 13-221 of the State Finance and Procurement
      Article of the Annotated Code of Maryland which requires that every business that enters into
      contracts, leases or other agreements with the State and receives in the aggregate $100,000 or
      more during a calendar year shall, within 30 days of the time when the $100,000 is reached, file
      with the Secretary of State a list containing the names and addresses of its resident agent, each
      of its officers, and any individual who is a beneficial owner of the business.


      A.      General. The Contract is to be awarded to the responsible and responsive bidder whose
              bid meets the requirements set forth in the IFB and offers the lowest Total Bid Price as
              shown on the Bid Work Sheet (Attachment II).

      B.      Determination of Lowest Bidder. Bids shall be evaluated to determine which bidder offers
              the lowest cost to the Administration in accordance with the evaluation criteria set forth in
              this IFB.

      C.      The Administration reserves the right to make the award by item, or groups of items, or
              Total bid if it is in the best interest of the Administration to do so unless the bidder
              specifies in its bid that a particular or progressive award is not acceptable.

      D.      Notice of Intent to Award. Upon determination of the lowest bidder, review of the bid for
              responsiveness, and satisfaction that the bidder is responsible, the Administration will
              Send a Notice of Intent to Award to apparent successful bidder.

      E.      Shortly after, or concurrently with, the Notice of Intent to Award, the Administration shall
              forward the formal Agreement form to the successful bidder for execution. In addition, to
              the executed Contract form (a copy of which is attached hereto); the bidder shall furnish
              the following in the form and content required by the Administration.

              1.       Service Agreement
              2.      Certificates of Insurance, if required.
              3.      Performance Bond Form (Attachment VI)
              4.      Fidelity Bond
              5.      Such other requirements as may be specified elsewhere in the solicitation

              The Contract form and additional documentation shall be returned to the
              Administration within ten (10) calendar days of receipt. This documentation is a
              prerequisite for execution of the Contract.

      F.      Final Award. Award of this Contract by the Administration will not be final and complete
              Until after: (1) the Contractor submits complete and satisfactory documentation required
              under the Contract; and (2) a proposed award and Contract are approved by the
              Maryland Port Commission, and/or the Board of Public Works, if required.

25.   Other MPA Facilities; NTE Value May be Increased; Not a Requirements Contract

      A.      This Contract covers the provision of goods or services within the general scope or
              subject matter of the Contract at any and all facilities of the MPA and offices of MPA staff,
              whether or not specifically identified in this solicitation.

      B.      In the event the MPA extends the Contract, under A above, to MPA facilities other than
              those identified in the original solicitation, the Contractor may be entitled to an equitable
              adjustment in price(s) for goods or services supplied to those facilities.

      C.      The not-to-exceed value of this Contract is not an absolute limit on the amount of money
              the MPA may spend for goods under this procurement. Upon any necessary approvals,
              the MPA may increase the not-to-exceed value of the Contract at its discretion.

      D.      The provision of goods or services under A above and/or an increase in the not-to-
              exceed value of the Contract under C above shall be accomplished by Contract
              modification or change order if deemed necessary by the Procurement Officer.

      E.      Except as otherwise provided in the solicitation, estimated quantities represented in this
              solicitation are not warranted or guaranteed by the MPA. The Contractor will be entitled
              to no change in Contract price if quantities ordered or delivered are more or less than the
              quantities estimated in this solicitation. The Contractor will be paid at the price(s) bid for
              all items and quantities ordered or delivered under the Contract, regardless of items or
              quantities previously ordered or delivered.

      F.      The Contract is not a requirements contract. The MPA reserves the right to procure the
              same or similar goods from other sources in the absolute discretion of the MPA.


      The Contractor shall be subject to all policies and procedures of the MPA or applicable to the
      MPA regarding:
      (1) Security of MPA facilities
      (2) Ingress and egress to or from MPA facilities
      (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 at: and at:
      The Contractor shall comply with and be bound by all such policies and procedures, at no
      additional cost to the MPA. MPA will not provide escorts for Contractor and subcontractor
      representatives without a TWIC who need to enter the Cruise Terminal building. TWIC is not
      required in the Public Access Area (Terminal parking lots) outside the Cruise Terminal building.


      These provisions are mandated by a Directive of the Governor’s Office on Minority Affairs
      dated August 1, 2008, and they apply to all procurement contracts exceeding $25,000
      other than contracts for construction. (Construction contracts are subject to the Prompt
      Payment provisions of § 15-226 of the State Finance and Procurement Article, Annotated
      Code of Maryland, and COMAR 21.10.08.) These provisions shall be incorporated into and
      made a part of the contract awarded as a result of this procurement.

1.    If a contractor withholds payment of an undisputed amount to its subcontractor, the Maryland Port
      Administration (“Agency”), at its option and in its sole discretion, may take one or more of the
      following actions:

      1.1     Not process further payments to the contractor until payment to the subcontractor is

      1.2     Suspend all or some of the contract work without affecting the completion date(s) for the
              contract work;

      1.3     Pay or cause payment of the undisputed amount to the subcontractor from monies
              otherwise due or that may become due;

      1.4     Place a payment for an undisputed amount in an interest-bearing escrow account; or

      1.5     Take other or further actions as appropriate to resolve the withheld payment.

2.    An “undisputed amount” means an amount owed by a contractor to a subcontractor for which
      there is no good faith dispute, including any retainage withheld, and includes an amount withheld
      because of issues arising out of an agreement or occurrence unrelated to the agreement under
      which the amount is withheld.

3.    An act, failure to act, or decision of a procurement officer or a representative of the Agency,
      concerning a withheld payment between a contractor and subcontractor under this policy
      directive, may not:

      3.1     Affect the rights of the contracting parties under any other provision of law;

      3.2     Be used as evidence on the merits of a dispute between the Agency and the contractor in
              any other proceeding; or

      3.3     Result in liability against or prejudice the rights of the Agency.

4.    The remedies enumerated above are in addition to those provided under COMAR
      with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise

5.    To ensure compliance with certified MBE subcontract participation goals, the Agency may,
      consistent with COMAR, take the following measures:

      5.1     Verify that the certified MBEs listed in the MBE participation schedule actually are
              performing work and receiving compensation as set forth in the MBE participation

      5.2     This verification may include, as appropriate:

      5.2.1   Inspecting any relevant records of the contractor;

      5.2.2   Inspecting the jobsite; and

      5.2.3   Interviewing subcontractors and workers.

5.2.4    Verification shall include a review of: The contractor’s monthly report listing unpaid invoices over 30 days old from certified
        MBE subcontractors and the reason for nonpayment; and The monthly report of each certified MBE subcontractor, which lists payments received
        from the contractor in the preceding 30 days and invoices for which the subcontractor has
        not been paid.

5.3      If the Agency determines that a contractor is in noncompliance with certified MBE
         participation goals, then the Agency will notify the contractor in writing of its findings, and
         will require the contractor to take appropriate corrective action.

5.3.1.   Corrective action may include, but is not limited to, requiring the contractor to
         compensate the MBE for work performed as set forth in the MBE participation schedule.

5.4      If the Agency determines that a contractor is in material noncompliance with MBE
         contract provisions and refuses or fails to take the corrective action that the Agency
         requires, then the Agency may:

5.4.1.   Terminate the contract;

5.4.2.   Refer the matter to the Office of the Attorney General for appropriate action; or

5.4.3.   Initiate any other specific remedy identified by the contract, including the contractual
         remedies required by this Directive regarding the payment of undisputed amounts.

5.5.     Upon completion of the contract, but before final payment or release of retainage or both,
         the contractor shall submit a final report, in affidavit form under the penalty of perjury, of
         all payments made to, or withheld from MBE subcontractors.

                       THE REMAINDER OF THIS PAGE IS BLANK

                                              SECTION II

                               SCOPE OF WORK/SPECIFICATIONS
                               210118-S ARMORED CAR SERVICES
                               MARYLAND PORT ADMINISTRATION


     Contractor shall provide all labor, materials, equipment, expertise and supervision required to
     provide armored car services at the South Locust Point Cruise Terminal in Baltimore, Maryland.
     The MPA seeks an armored car service to pick-up sealed shipments containing bank deposits for
     same or next day delivery to Bank of America Cash Vault. Work shall be performed in
     accordance with this IFB (210118-S) and all of the attachments pertaining to the said IFB.


     A.      Contractor shall provide the Administration with an armored car service to pick-up sealed
             shipments containing bank deposits from MPA’s South Locust Point Cruise Terminal
             located in Baltimore, Maryland and ensure the revenue is deposited to the State of
             Maryland depository bank account (Bank of America Cash Vault )within 24 hours of
             receipt or the next business day. The work under the Contract shall be performed based
             on the most up-to-date cruise schedule. Cruise Schedules for 2010 and 2011 are
             attached (future cruise schedules will be forwarded when available).

     B.      The Contractor shall be responsible for all costs incurred by it in the performance of the
             work under this Contract, including, but not limited to, toll charges, licenses, fees, taxes,
             violation fines, fuel, collection shortages and other operating costs.


     A.      Services will be provided according to the cruise departure schedule.
     B.      The current cruise schedule for 2010 and 2011 can be found in Attachment X.
     C.      Pick-up time of the deposits will vary according to vessel departure times. MPA
             Operations staff will advise approximate pickup times upon receipt of the carriers
             scheduled Estimated Times for Departure (ETD.) For general guidelines, cash pickups
             are usually made between 4:00PM and 6:00PM cruise operations days.
     D.      Ship delays may require unanticipated alteration of designated times. MPA shall notify
             the Contractor by 12:00 Noon the day of the scheduled service if the pick-up is to be
             made at a later time than originally scheduled. As such, Contractor must maintain the
             ability to be contacted by MPA personnel, by telephone, twenty-four (24) hours per day.


     The 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 three (3) years, unless
     terminated earlier in accordance with the terms of this Agreement.

     The State, at its sole discretion, reserves the right to renew the contract for up to two (2)
     additional (1) year terms at a Contract Price that is either (a) four percent (4%) higher than the
     Contract Price for the Initial Term; or (b) the percentage increase in the Consumer Price Index
     (CPI), (U.S. Bureau Of Labor Statistics-All Urban Consumers), whichever is lower. Unless
     otherwise stated herein, all other Terms and conditions of this Agreement shall remain in full force
     and effect during any additional term.


     Subject to the performance of the work, and its acceptance by the MPA, the Contractor may
     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 quoted on the Price Worksheet.
     Payment will be rendered based upon actual number of pick-ups supplied in accordance with the
     Contractor’s worksheet. Payments under the Contract may not exceed $200,000 without a
     properly approved Contract modification signed by both parties.


     The 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 Services and including Contract Documents as defined in the Sample Service

     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' Compensation

                              1) 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 Harbor workers Compensation Act, the Jones Act
                              and other Federal laws where applicable.

             B.       Liability Insurance
                 Occurrence 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:

                         1)        Comprehensive 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.

                         2)      Comprehensive 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

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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