MARYLAND PORT ADMINISTRATION
OFFICE OF PROCUREMENT
INVITATION FOR BIDS
SOLICITATION REFERENCE NO. 210118-S
TITLE: ARMORED CAR SERVICES FOR CRUISE TERMINAL
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
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.
BIDS WILL NOT BE ACCEPTED BY EMAIL, FAX, MAIL OR HAND DELIVERY
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
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.
MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS INVITATION
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
INSTRUCTIONS TO BIDDERS
BIDDING REQUIREMENTS AND CONDITIONS
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
2. ISSUING OFFICE
Maryland Port Administration
Maritime Center II at Point Breeze
Second Floor, Suite 260
2310 Broening Highway
Baltimore, Maryland 21224-6621
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
3. PRE-BID CONFERENCE
There will be no pre-bid conference.
4. TIME FOR RECEIPT OF BIDS
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
5. 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.
6. DURATION OF BID OFFER
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.
7. COMMUNICATIONS, QUESTIONS, AND INTERPRETATIONS - PRIOR TO BID OPENING
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
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.
9. INTERPRETATION OF QUANTITIES IN BID SCHEDULE
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.
10. PREPARATION AND EXECUTION OF BID
NOTE: PAY CAREFUL ATTENTION TO THESE INSTRUCTIONS
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
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.
11. FIDELITY BOND
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.
12. PERFORMANCE BOND
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.
13. AMENDMENTS TO INVITATION FOR BIDS
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
14. PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by written notice received in Issuing Office before the time
and date set for bid opening.
15. CANCELLATION OF IFB/ REJECTION OF ALL BIDS
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.
16. REJECTION OF INDIVIDUAL BIDS
As provided in COMAR 21.06.02.03, the Administration may reject any bid in whole or in part
when it is in the best interest of the State to do so.
17. MULTIPLE OR ALTERNATE BIDS
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.
18. MINORITY BUSINESS ENTERPRISES
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.
WARNING – PLEASE READ:
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
MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION
19. PROTESTS AND CLAIMS
Protests and claims (or disputes) may not be filed electronically, including by any of the means
specified in COMAR 21.03.05.02B(2). 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
20. ACCEPTANCE OF TERMS AND CONDITIONS AND COMPLIANCE WITH LAW
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
22. TAXES - RESPONSIBILITY FOR PAYMENT, EXEMPTIONS, FORMS TO FILE, ETC.
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.
23. DISCLOSURES TO THE SECRETARY OF STATE
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.
24. BID EVALUATION AND AWARD
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
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.
26. ACCESS TO MPA FACILITIES; MPA SECURITY
The Contractor shall be subject to all policies and procedures of the MPA or applicable to the
(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:
http://www.mpa.state.md.us and at: http://www.tsa.gov/what_we_do/layers/twic/index.shtm.
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.
27. PROMPT PAYMENT OF SUBCONTRACTORS
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
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
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 21.11.03.13
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 21.11.03.13, 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:
184.108.40.206 The contractor’s monthly report listing unpaid invoices over 30 days old from certified
MBE subcontractors and the reason for nonpayment; and
220.127.116.11 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
SCOPE OF WORK/SPECIFICATIONS
210118-S ARMORED CAR SERVICES
MARYLAND PORT ADMINISTRATION
1. GENERAL SCOPE OF WORK
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.
2. CONTRACTOR’S RESPONSIBILITIES
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.
3. DAYS AND HOURS OF SCHEDULED SERVICE
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.
4. DURATION OF CONTRACT; MPA OPTION TO RENEW
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