838942snowAacps.pdf

Request for Bid # 27M-042 Title: Snow Removal – Parking Lots

Date Issued: August 4, 2026, Buyer: Coleen Myers, Buyer Specialist, cmmyers@aacps.org

Bid Due Date: No later than Tuesday, September 23, 2026, at 11:00 AM Eastern Time in the Purchasing Division.

The opening is public and shall be conducted in the Bid Room at the above address. NOTE: If the Central Office Building (address above) is closed due to inclement weather, bids shall be due on the next business day that the building is open.

The bid opening time remains the same regardless of the opening day. Call 410-222-5000 to determine if the building is closed. ALSO NOTE: The closing of schools does not always constitute the closing of the Central Office Building.

Minority and Small Business Enterprises and Veteran-Owned Businesses are encouraged to respond to this RFB.

This bid must be signed by a bidder authorized to make a binding commitment for the firm submitting the bid. By submitting a bid in response to this RFB, the bidder selected for award agrees that it shall comply with all federal, State, and local laws, and AACPS policies and regulations applicable to its activities under the resulting contract. Any bidder selected for an award, including businesses outside of the State, must comply with registration/verification requirements of the Maryland Department of Assessments and Taxation. www.dat.maryland.gov

Your signature on this page provides AACPS with your acknowledgment and acceptance of the terms and conditions contained in the Request for Bids. When this page is executed by an authorized officer of Anne Arundel County Public Schools, these specifications, terms and general conditions, and price bid shall become a legally binding contract between the successful bidder and AACPS.

Name of Bidder:

Address:

Phone: Email:

Federal ID or Social Security Number:

MDOT MBE Certification #, if any DGS Small Business Registration #, if any:

Web Address: MD Dept. of Assess. & Taxation #

Date Bid Submitted: Signature of Bidder:

Printed Name and Title:

Accepted by AACPS Director of Purchasing Date:

Award Limitations

ANNE ARUNDEL COUNTY PUBLIC SCHOOLS (AACPS)

PURCHASING DIVISION

2644 RIVA ROAD, ANNAPOLIS, MARYLAND 21401

(410) 222-5160 http://www.dat.maryland.gov/

27M-042 SNOW REMOVAL – PARKING LOTS

Table of Contents Section I: GENERAL INFORMATION

1. GENERAL

2. AACPS INFORMATION

3. NO OBLIGATION

4. COMPETITIVE SEALED BID PROCESS

5. BID SUBMISSION INSTRUCTIONS

6. REJECTION/CANCELLATION OF RFB

7. PRICE GUARANTEE

8. EXCEPTIONS

9. REQUIRED DOCUMENTS

10. FINANCIAL DOCUMENTS

11. BID WITHDRAWAL

12. COST OF BIDDING

13. COOPERATIVE PURCHASING

14. PROTESTS

15. REGISTRATION

16. ANTI-BRIBERY

17. TAXES

18. TOBACCO PRODUCTS

19. IRREGULARITIES

20. SUBCONTRACTORS

21. NON-HIRING OF OFFICIALS AND EMPLOYEES

22. SEX OFFENDER NOTIFICATION

23. ACCESS TO PUBLIC RECORDS

24. GIFTS

25. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

26. TIE BIDS

27. DEFINITIONS

28. CHECKLIST for requirements in your bid response, provided for your convenience:

Section II: SPECIFICATIONS

1. PURPOSE

2. CONTRACTORS RESPONSIBILITY

EQUIPMENT & HOURLY RATES

3. AACPS RESPONSIBILITY

4. QUANTITIES

5. DURATION OF CONTRACT

6. F.O.B. DESTINATION

7. FORT GEORGE G. MEADE UNITED STATES ARMY INSTALLATION RESTRICTED ENTRY: .. 17

8. CONFIDENTIALITY

9. INSURANCE REQUIREMENTS

Section III: MANDATORY TERMS AND CONDITIONS

1. COMPLIANCE WITH LAWS

2. RETENTION OF RECORDS

3. TERMINATION

4. MARYLAND LAW PREVAILS

5. ASSIGNMENT

6. PAYMENT

7. INDEMNIFICATION OF ANNE ARUNDEL COUNTY PUBLIC SCHOOLS

8. CODE OF ETHICS

9. HIRING OF AACPS EMPLOYEES

10. DISPUTES

11. REGULATIONS

12. WAIVER

13. NON-DISCRIMINATION CLAUSE

14. MODIFICATIONS AND AMENDMENTS

15. FORCE MAJEURE

16. INDEPENDENT CONTRACTOR

Section IV: BID WORKSHEET – EQUIPMENT LIST Section V: QUALIFICATIONS AFFIDAVIT Section VI: BID/PROPOSAL AFFIDAVIT Section VII: AACPS EFT REQUEST AUTHORIZATION Section VIII: REQUEST FOR INFORMATION Section IX: ACKNOWLEDGEMENT OF NEPOTISM POLICY Section X: NOTICE OF UNSATISFACTORY PERFORMANCE

Section I: GENERAL INFORMATION

1. GENERAL

The Board of Education of Anne Arundel County, also referred to as Anne Arundel County Public Schools or AACPS, is soliciting competitive sealed bids for Snow Removal – Parking Lots as more fully described herein.

The contract will be a firm, fixed-price contract.

The schedule of the bidding process is as follows:

Issuance of RFB Tuesday, August 4, 2026

Questions to AACPS Buyer

Use the form located on page 31

Email questions to all of the names listed at the top of the page.

No later than Wednesday, August 26, 2026, at 12:00 pm Eastern Time

Questions received after this date will be answered only if time permits.

Bids are due to AACPS Purchasing Division Wednesday, September 23, 2026, at 11:00 am Eastern Time

Approximate date of Award On or about Wednesday, October 21, 2026

Bidders are responsible for reviewing and understanding this solicitation. Additionally, prospective bidders may submit questions to the AACPS Buyer named above by Noon Eastern Time on Wednesday, August 26, 2026. Questions must be submitted on the Request for Information (RFI) Form located on page 31 and submitted via email. The Buyer will distribute a written summary of responses to timely-received questions to all prospective bidders known to have received a copy of this RFB.

A Bidder who has received this document should immediately visit the AACPS website (http://bids.aacps.org/) and register for Notifications for this Bid. This will ensure that the bidder is notified of any addenda, additional materials, or other communications related to this RFB.

Oral communications are not binding.

2. AACPS INFORMATION

Anne Arundel County Public Schools is the 4th largest school district in Maryland. AACPS serves approximately 85,000 students and which covers more than 400 square miles. There are 130 schools, 14 specialty education centers and offices across the district.

Additional information on AACPS can be found on our website: www.aacps.org.

3. NO OBLIGATION

This solicitation implies no obligation on the part of AACPS.

http://www.aacps.org/

4. COMPETITIVE SEALED BID PROCESS

Bidders shall submit all requirements outlined in the RFB.

A bidder may not offer more than one price for the same line item.

The buyer will review each bid submission for responsiveness. If the bid is determined to be not responsive or the bidder not responsible, the bid will be rejected, and the bidder notified in writing accordingly.

AACPS may award contract(s) based on groups, individual line items, lots, or any combination thereof, at the sole option of the AACPS.

It is the intent that awards will be made to multiple Contractors. There may be peak times when the services of more than one Contractor may be required, as determined by AACPS.

Recommendation for award will be made to the responsible bidder(s) representing the best value to Anne Arundel County Public Schools in accordance with Sect. 5-112 of the Education Article, Maryland Annotated Code.

5. BID SUBMISSION INSTRUCTIONS

Bids may be submitted electronically.

Electronic bid submissions must be done through the AACPS website. When submitting an electronic bid, go to www.aacps.org; scroll to the bottom of the page and click Vendors: Register, Submit Bids, Contract Info.

Then, click on the red button titled Current Bid Solicitations and then Bid Submissions (in red). The time of receipt is the time the electronic submittal is RECEIVED by Anne Arundel County Public Schools – NOT the time you begin the upload. Please allow additional time for your submission to be fully uploaded. AACPS is not responsible for technical failures that result in a late submission. The bid must be combined into one PDF file. Do not upload each document separately.

Bidders who wish to mail in or drop off their bid shall submit one paper copy, including all attachments, on or before the bid due date and time specified on the title page. Bidders shall also submit one electronic copy of the bid on a flash drive.

Bids sent for next-day delivery via USPS are delivered to the nearest post office – not the AACPS Central Office. AACPS then retrieves deliveries from the Post Office the next day. Bidders using this USPS shipment method should allow at least one extra business day for delivery to the Central Office.

Bidders are responsible for properly labeling their bid envelope with the company name, address, bid number, and due date. AACPS is not responsible for a bid that may be inadvertently opened before the bid due date unless it is submitted with proper labeling.

E-mailed or faxed bids will not be accepted.

Bidders may not submit an electronic bid AND a paper bid for the same solicitation. Similarly, bidders may not submit an electronic bid twice on the AACPS online system for the same solicitation. If that happens, a bidder may request to withdraw one of the bids in writing ONLY IF THE TIME FOR BID SUBMISSION HAS NOT LAPSED. If the time for bid submission has lapsed and the bidder has not made a written request to withdraw one of the bids, AACPS will reject the second bid submitted, regardless of how it is submitted.

Any bids received after the date and time specified are considered late and will be rejected on that basis. It is the sole responsibility of the bidder to ensure that their bid is submitted on or before the bid due date and time specified in the solicitation. Late bids will be refused, returned unopened, or destroyed at the bidder’s request.

6. REJECTION/CANCELLATION OF RFB

This solicitation is subject to cancellation when determined by the Director of Purchasing to be in the best interest of AACPS. AACPS may reject any or all bids when determined by the Director of Purchasing to be in the best interest of AACPS. Additionally, to ensure fair competition and to permit a determination of the lowest responsive bid from a responsible bidder, AACPS may reject bids that include omissions, alterations of form, or that are conditional or irregular in any respect, or reject non-responsible bidders that show a risk of default.

7. PRICE GUARANTEE

The bidder warrants that the bid price shall be effective for a period of not less than 90 days from the date bids are due in order to give AACPS time to award the contract. NOTE: For the successful bidder, prices shall remain firm over the duration of the contract.

8. EXCEPTIONS

If a bidder takes any exceptions to the terms and conditions of the RFB, a bidder shall notify AACPS in writing not later than ten calendar days (Saturdays and Sundays included) before bids are due. Failure to take exceptions within the timelines indicated shall be construed by AACPS as full acceptance of the stated terms and conditions. Send exceptions to the buyer’s e-mail shown on front page of this RFB. Do not upload exceptions to the website/bid portal as they may not be seen until the bid opening date. Exceptions submitted with the bid will not be considered. AACPS may consider timely exceptions, in its sole discretion, and issue an amendment to the RFB if necessary.

9. REQUIRED DOCUMENTS

The required documents for this solicitation shall include the signed, original, unaltered solicitation documents including any addenda issued by AACPS, financial statement, completed Qualifications Affidavit, completed Bid Work Sheet, and any other additional documents requested. Failure to do so may result in the rejection of the bid.

Bidders are advised that all pricing, including unit prices, extended prices, and total pricing, is presumed to be disclosable under the Maryland Public Information Act (Md. Code, General Provisions Article, Title 4). If a bid contains information other than pricing that the bidder reasonably identifies as confidential, proprietary, or otherwise exempt from disclosure under the Act, the bidder shall submit one redacted copy of their complete bid in addition to the unredacted original submission. If a bidder elects to redact information the redacted copy must clearly indicate each redaction and include a brief justification for each.

10. FINANCIAL DOCUMENTS

Acceptable documents for compliance with the Financial Statement requirement above include bidder’s:

A. Latest Balance Sheet and Income Statement prepared by an independent accounting firm;

B. Annual Report;

C. Dun & Bradstreet complete Business Report; or

D. Other financial documents determined to be acceptable by the Director of Purchasing.

11. BID WITHDRAWAL

No bid can be withdrawn after it is submitted to AACPS unless the bidder makes a written request to the buyer, before the bid due date, or if the bidder provides clear and convincing evidence that a mistake in the bid calculation has been made and only then with the approval of the AACPS Director of Purchasing.

12. COST OF BIDDING

AACPS does not accept responsibility for any expenses incurred in the bid preparation and presentation requirements, if any. Such expenses are the sole responsibility of the bidder.

13. COOPERATIVE PURCHASING

In accordance with State Finance and Procurement Article, Sect. 13-110, Maryland Annotated Code, AACPS reserves the right to extend the terms of any contract resulting from this bid to public bodies, subdivisions, school districts, community colleges, colleges, and universities including nonpublic schools. The Contractor agrees to notify AACPS of those entities that request to use any contract resulting from this bid and provide usage information to AACPS, if requested.

Anne Arundel County Public Schools assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may enter into a cooperative agreement associated with the contract resulting from this bid. All purchases and payment transactions will be made directly between the contractor and the requesting entity.

14. PROTESTS

This contract shall be subject to the provision of the Board of Education of Anne Arundel County Policies and Regulation DEC-RA.

15. REGISTRATION

Pursuant to the Corporations and Associations Article of the Annotated Code of Maryland, businesses created in a state other than Maryland may have to register or qualify with the State Department of Assessments and Taxation (SDAT) before doing business in Maryland. Bidders should contact the SDAT directly to determine their registration requirements: http://dat.maryland.gov/businesses/Pages/Non- Maryland-(Foreign)-Business-Entities.aspx

Bidders that are Maryland businesses must be in good standing with the State Department of Assessments and Taxation. Your business status can be verified at https://egov.maryland.gov/BusinessExpress/EntitySearch. Out-of-State bidders must be in good standing with their home state authority.

Bidders that fail to comply with these requirements may be rejected as not responsible.

http://dat.maryland.gov/businesses/Pages/Non-Maryland-(Foreign)-Business-Entities.aspx http://dat.maryland.gov/businesses/Pages/Non-Maryland-(Foreign)-Business-Entities.aspx https://egov.maryland.gov/BusinessExpress/EntitySearch

16. ANTI-BRIBERY

The Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or of the federal government.

17. TAXES

AACPS is exempt from federal excise taxes [52-73-0144K] and State and local sales or use taxes [3000110-2].

Bidders may not include these taxes in their bid price. If a contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the contractor pays Maryland sales tax and exemption does not apply.

18. TOBACCO PRODUCTS

The use of drugs, alcohol, and tobacco products is not permitted on school property. AACPS Board Policy and Regulation GAC-RA and COMAR 13A.02.04 require AACPS to maintain drug, alcohol, and tobacco-free work environments. Failure to comply with this clause is considered a material breach of contract that may result in termination

19. IRREGULARITIES

AACPS reserves the right to waive any minor irregularities in the solicitations or bids. AACPS reserves the right to negotiate or modify any element of the bid to ensure that the best possible arrangements for achieving the stated purpose are obtained.

20. SUBCONTRACTORS

AACPS shall enter into an agreement with the selected Contractor(s) only. The selected Contractor(s) shall be responsible for all services required by this RFB.

21. NON-HIRING OF OFFICIALS AND EMPLOYEES

No official or employee of AACPS whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of AACPS become or be an employee of the contractor or any entity that is a subcontractor on this contract.

22. SEX OFFENDER NOTIFICATION

A. Registered Sex Offender

Maryland Law requires sex offenders to register with the local law enforcement agency in the county in which they will reside, work, or attend school. See Criminal Procedure Article, §11-707, Annotated Code of Maryland. An AACPS Contractor may not knowingly employ an individual to work at a school if the individual is a registrant. A Contractor violating this Law is guilty of a misdemeanor and may be subject to imprisonment not exceeding five years or a fine not exceeding $5,000, or both. See Section 11-722 of the Criminal Procedure Article, Annotated Code of Maryland.

B. Other Crimes

An AACPS Contractor or subcontractor may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children if the employee has been convicted of:

Section 3-307 of the Criminal Law Article, Maryland Annotated Code, Sexual Offense in the Third Degree;

Section 3-308 of the Criminal Law Article, Maryland Annotated Code, Sexual Offense in the Fourth Degree;

An offense under the laws of another state that would constitute a violation of Sections 3-307 or 3-308 of the Criminal Law Article if committed in Maryland;

Child sexual abuse under Section 3-602 of the Criminal Law Article, Annotated Code of Maryland;

An offense under the laws of another state that would constitute child sexual abuse under Section 3-602 of the Criminal Law Article if committed in Maryland;

A crime of violence as defined in Section 14-101 of the Criminal Law Article, Annotated Code of Maryland; or

An offense under the laws of another state that would constitute a crime of violence under Section 14-101 of the Criminal Law Article if committed in Maryland.

See Education Article, §6-113, Annotated Code of Maryland

C. AACPS Contractors shall ensure compliance with the requirements in Sections A and B above for their workforce. Workforce means all of the Contractor's direct employees, subcontractors, and independent Contractors.

D. Violations of any of these provisions may result in immediate termination for cause.

E. Contractor workforce requiring access to any of the AACPS schools located on the secure portion of Fort Meade will require additional background checks conducted by the Installation.

Each Contractor shall screen their workforce to ensure that a Registered Sex Offender does not perform work at a county public school and that a subcontractor and/or independent Contractor conducts screening of its personnel who may work at a school. The term workforce is intended to refer to all the Contractor's direct employees and subcontractors and/or independent contractors it uses to perform the work. Violations of this provision may cause AACPS to take action against the Contractor up to and including termination of the contract.

23. ACCESS TO PUBLIC RECORDS

Bidder should identify those portions of its bid that it considers confidential, proprietary commercial information, or trade secrets, and provide, upon request, justification why such materials, if requested, should not be disclosed by the AACPS under the Maryland Public Information Act. Bidders are advised that the Director of Purchasing may be required to make an independent determination whether the information may be disclosed.

24. GIFTS

In accordance with Board Policy BAF, contractors are notified that the giving or offering a gift or series of gifts to a Board official or employee is improper and may result in disqualification from future work on the grounds that the donor/bidder is no longer a responsible bidder or vendor.

25. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION Contractors are required to register on eMaryland Marketplace Advantage at https://emma.maryland.gov within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

26. TIE BIDS

“Tie bids” mean responsive bids from responsible bidders that are identical in price, terms, and conditions. In the event of a tie bid, an award shall be made to the in-state business if identical favorable bids are received from an in-state and out-of-state bidder.

If both low bids are from in-state businesses, the award may be made to the in-state low bidder that is an MDOT-certified minority business enterprise or State certified small business. If none of the tie-breaking rules apply, a drawing shall be conducted. In addition to the Buyer, an AACPS employee shall also be present to verify the drawing and certify the results on the bid tabulation sheet.

27. DEFINITIONS

“Day”: Calendar Day unless other indicated

“Equivalent Item”: An item of equipment, material, or supply

“Responsible Bidder”: One who is capable financially and competent to complete the job for which he is bidding. A responsible bidder is one who is not only financially responsible, but who is possessed of a judgment, skill, ability, capacity, and integrity requisite and necessary to perform a public contract according to its terms.

“Responsive Bid”: A bid submitted in response to a request for bids that conforms in all material respects to the requirements contained in the request for bids.

28. CHECKLIST for requirements in your bid response, provided for your convenience:

� Return ALL pages of the original/unaltered RFB document, including the title page, bid worksheet, and addenda, if any. If the bid is not electronically submitted, then one paper copy and one electronic copy provided on a flash drive are required.

� Redacted Bid Submission

� Qualifications Affidavit

� Financial Statement

� Completed Bid Proposal Affidavit

� Completed Electronic Funds Transfer Request Authorization https://emma.maryland.gov/

� Completed Acknowledgement of Nepotism Policy

Failure to provide all of the requirements may be cause for the rejection of your bid.

A Bidder who has received this document should immediately visit the AACPS website, (http://bids.aacps.org/), select VIEW DOCUMENTS for this bid, and register for NOTIFICATIONS (press Click here in the red or blue Notifications box on the right of the page). This will ensure that the bidder is notified of any addenda, additional materials, or other communications related to this RFB.

http://bids.aacps.org/

Section II: SPECIFICATIONS

1. PURPOSE

AACPS is contracting for Snow Removal for AACPS parking lots, in accordance with the attached terms, specifications and general conditions.

2. CONTRACTOR'S RESPONSIBILITY

2.1 General

From time to time, AACPS requires the services of outside Contractors to supplement their staff with snow removal at properties owned and operated by AACPS. When the AACPS Maintenance Division determines that snow removal services cannot be adequately accommodated by its own staff, the services of an outside Contractor shall be required in accordance with this Contract

No amount of Work is guaranteed under the contract. The Contractor shall be paid only for that work performed at the request of AACPS, and for a retainer/performance payment fees earned and due.

AACPS has provided for a stand-by fee to ensure the compensation of each Contractor for making themselves available to AACPS.

All equipment shall be completely serviced by the Contractor, and shall be delivered ready in all aspects, to be placed in normal operating service.

These specifications include the rates that will be paid for all equipment types and sizes required by AACPS. THE CONTRACTOR IS NOT REQUIRED TO HAVE ALL EQUIPMENT TYPES AND SIZES in order to be awarded a contract. Only those vehicles and equipment reviewed and approved by AACPS, and identified specifically by year, make, model, tag #, and VIN#, in an order issued by the Director of Purchasing shall be used by the Contractor for work under this contract.

2.2 Notification

The AACPS Director of Maintenance, or designee, shall make a determination when snow is in the forecast, whether the services of an outside contractor shall be necessary. If these services are deemed necessary, the Director of Maintenance or designee shall contact the contractor to put them on stand-by status.

For purposes of this contract, stand-by status is defined as follows: Contractor shall guarantee their availability to perform snow removal services within the next eight hours and upon second notification will respond within two hours. A standby fee shall be paid by AACPS any time a contractor is put on notice and this amount shall be $500.00. Standby fee shall only be applicable if contractor is put on standby notice and then notice is cancelled by the AACPS Director of Maintenance or designee. Once Contractor starts snow removal the standby fee shall not be applicable, and Contractor shall be paid the hourly rate submitted on the bid work sheet.

The Director of Maintenance or designee shall contact the Contractor within eight hours to notify them whether they are to be called in to perform snow removal services or not. Once Contractor begins providing services, they shall be provided continuously, without unreasonable interruption, until the work is complete.

2.3 Response Time

Contractor shall be put on stand-by status eight hours before a snow event occurs. Contractors on stand-by status shall guarantee the availability of equipment, personnel and services in the event they are called in within 8 hours to perform snow removal services. When Contractor General receives the call to perform snow removal services, Contractor shall respond on the site within two (2) hours, unless otherwise agreed by AACPS. On-call equipment will be available on a priority basis to AACPS sites. Failure to respond may be considered a breach of contract, which may result in actions by AACPS up to and including termination as described in Section IV Mandatory Terms and Conditions item No.3 TERMINATION located on page 21 of the specification.

2.4 Work Area Assignment

Contractor shall be assigned schools in accordance with the Bid Work Sheet and Contractor’s identified ability to perform snow removal services. AACPS reserves the right to discontinue services or make reassignment of specific schools at its discretion if it is determined to be in the best interest of AACPS.

2.5 Personnel Resources

Contractor shall furnish names, addresses, pager, and phone numbers of key personnel responsible for the supervision and/or performance of the work. Such personnel shall be available on a twenty-four (24) hour, seven-day week basis. Contractor shall assign a single English-speaking Director capable of making work related decisions for the company and shall function as AACPS contact. Contractors shall have the supervisor of each area notify AACPS designated personnel of the arrival and departure of contractor from each AACPS location.

2.6 Service Ticket

Contractor shall submit a service ticket, in duplicate, for each snow removal operation and each vehicle. The service ticket shall clearly indicate each piece of equipment supplied (vehicle ID#), the drive, the time of arrival and departure at each site. Contractor shall not be compensated for work not authorized by AACPS.

2.7 Performance Evaluations

A performance rating system shall be utilized. AACPS shall be the sole judge as to whether the equipment/vehicles are performing satisfactorily. All work performed shall be of high quality in accordance with good practices, procedures, and industry standards. The Contractor shall conform to all Federal, State, and Local laws and governmental regulations.

Upon receipt of a “Notice of Unsatisfactory Performance” from AACPS, the Contractor shall immediately take action to correct the deficiency and inform AACPS of the action(s) taken.

A “Notice of Unsatisfactory Performance” (see Attachment) will be issued in instances of, but not limited to:

• Equipment report to work but unable to plow snow as directed by AACPS.

• An equipment operator not following the direction of AACPS.

• An equipment operator acting in a manner that is a danger to the public, AACPS employees, or other AACPS equipment and personnel.

• Contractor not responding to work as directed by these specifications

• Other applicable unsatisfactory performance issues as deemed unsatisfactory by the County.

• A second notice may cause the Contract to be terminated.

2.8 Snow Removal Contract Rates

Hourly rates have been established for equipment and vehicles.

Hourly rates include operator, fuel, oil, cell phone, insurance, overhead, profit, and incidentals. Hourly Operating Rates are final, and no additional charges will be approved. The rates listed below are based on General Consumer Price Index.

EQUIPMENT HOURLY OPERATING RATE

1. Pick-up Trucks ¾ & 1 ton pickup with $110 Snowplow

2. 1 Ton Dump/Flatbed (3-4 Cubi Yard Capacity) $136 Trucks (Dual Rear Wheel) with snowplow

3. Single Axle Dump Trucks with snowplow $156

4. Tandem/Tri-Axle Trucks with snowplow $175

5. Skid Steer Loader (i.e. Bobcat) $120

6. Loaders Medium (2 -2.75 cu. yd.) $190 Large (3 – 4 cu. yd.). $215

7. Backhoes – 4 Wheel Drive Units Only with Bucket capacity of at least 1.4 cu. yd. $155

8. Graders

Medium (125hp-150hp) $164 Large (151-200hp) $180

Contractor shall only provide equipment that is in good working order and shall be capable of providing the snow removal services described herein. Equipment provided for this Contract may be rated for heavy duty construction. If the Director of Maintenance or designee, at his/her sole discretion, determines the equipment not suitable to perform the work described herein, the Contractor shall be notified accordingly. The decision of AACPS shall be final. Contractor shall have two (2) hours from notification to correct the deficiency or supply a replacement piece of equipment to perform the work.

The replacement equipment shall not be equipment already assigned to the Contract. Contractor shall provide an additional piece of equipment or subcontract the work. Snowplow equipment shall not be provided by AACPS. Repairs to damaged snowplow equipment are the Contractor’s responsibility. All terms, conditions and prices contained in this Contract, pertain to additional equipment and subcontracted equipment provided by the Contractor. Three photos (front, rear, and side view) of each piece of equipment must be submitted with the Equipment Form. Photos can be submitted by email to mmueller@aacps.org.

Contractors shall submit an ID number for each piece of equipment bid. ID numbers shall be placed on the outside of the equipment to be visible by the AACPS inspector. ID # shall be a minimum of eight (8) inches high by two (2) inches wide, to be visible from twenty-five (25) feet. Any equipment without an ID number displayed as required shall not be considered billable.

2.9 Billable Hours

Contractor shall be entitled to hourly charges in accordance with the Bid Work Sheet beginning upon arrival at the first site and departure from the last site assigned. There are no billable hours for schools that are plowed by others, breakdowns, or costs for repair of equipment. The Contractor shall not plow sites that do not belong to AACPS while in transition between school sites.

2.10 Subcontractors

The use of subcontractors shall be permissible with the prior written approval of the AACPS Director of Maintenance or designee. However, each subcontractor and its equipment shall be approved in advance by the AACPS representative. Contractor shall maintain control and oversight of subcontractors and shall be responsible for ensuring that subcontractors comply completely with the provisions of this Contract.

2.11 Damages to AACPS Property

Contractor shall be responsible, at their expense, for repairs to damages to AACPS property. Contractor shall make the repairs to the satisfaction of AACPS or AACPS shall make the repairs and deduct from any monies due the Contractor.

2.12 CONFIDENTIALITY

Contractor shall ensure the complete confidentiality of any and all information provided by AACPS and gathered and developed by Contractor in the performance of this Contract. The material gathered, used and developed shall not be provided to any other party without the expressed written approval of the Director of Purchasing.

3. AACPS RESPONSIBILITIES

3.1 General

Access to the Premises AACPS will provide access to applicable AACPS Locations, Monday through Friday 8:00 A.M. to 2:00 P.M., all days AACPS is open for business. Vendors are welcome to visit our website at www.aacps.org for school holidays and other school closings.

3.2 Inspection of Services and Testing of Supplies and Services The Contractor shall provide and maintain an inspection system acceptable to the AACPS covering the supplies/services under this solicitation/contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the AACPS during contract performance and for as long afterwards as the contract requires.

The AACPS has the right to inspect and test all materials/services in accordance with the solicitation/contract, to the extent practicable at all times and places during the term of the contract. The AACPS shall perform inspections and tests in a manner that will not unduly delay the work.

If the AACPS performs inspections or tests on the premises of the Contractor or a Subcontractor, the Contractor shall furnish, and shall require Subcontractor to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(1) No inspector other than the Director of Purchasing may change any provision of the specifications or the contract without written authorization. The presence or absence of an inspector does not relieve the Contractor or Subcontractor from any requirements of the contract.

(2) Location. When an inspection is made in the plant or place of business of a Contractor or Subcontractor, the Contractor or Subcontractor shall provide, without charge, all reasonable facilities and assistance for the safety and convenience of the person or persons performing the inspection or testing.

(3) Time. Inspection or testing of supplies and services performed at the plant or place of business of any Contractor or Subcontractor shall be performed at reasonable times.

If any of the materials/services do not conform to solicitation/contract requirements, the AACPS may require the Contractor to perform the services again in conformity with contract requirements, the AACPS may:

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

If the Contractor fails to cure any defect or ensure future performance in conformity with contract requirements, the AACPS may:

(1) By contract or otherwise, acquire the supplies/services and charge to the Contractor any cost incurred by the AACPS that is directly related to the acquisition of such material/service; and

(2) Terminate the contract for default.

4. QUANTITIES

AACPS reserves the right to increase or decrease quantities as required. Quantities are approximate and unit prices bid shall apply regardless of any increase or decrease in the estimated quantities shown herein.

5. DURATION OF CONTRACT

Once awarded, the contract shall remain in force and effect for a period not to exceed two years from the date of award. Upon completion of this initial term, AACPS reserves the right to rebid or, at its sole option, to extend this contract for a one-year period. Any renewals shall be subject to current yearly pricing.

6. F.O.B. DESTINATION

All contract pricing shall include shipping. If shipping costs are not shown separately, the parties agree that shipping costs are included in the total price to the AACPS.

7. FORT GEORGE G. MEADE UNITED STATES ARMY INSTALLATION

RESTRICTED ENTRY:

Fort George G. Meade schools will NOT be part of this contract.

All contractors conducting legitimate business on behalf of Anne Arundel County Public Schools, on the secure portion of the Fort George G. Meade United States Army Installation (Installation), must obtain the necessary access credentials prior to attempting entry. NO EXCEPTIONS.

The following schools are located on the secure portion of the Installation which requires the contractor to obtain the necessary access pass. Access to these schools is through the Reese Road gate inspection station.

Manor View Elementary Pershing Hill Elementary West Meade Early Education Center MacArthur Middle School

Note: Meade High School, Meade Middle School, and Meade Heights Elementary are not located on the secure portion of the Installation and may be visited without an access pass and do not require entry through the Reese Road gate inspection station.

The contractor will need to submit to a background check conducted by the Installation to obtain the needed access pass. To begin this process, contact AACPS, Office of Investigations, Debbie Jones, at dajones2@aacps.org and request a Fort George G. Meade Installation Access Request form (Form 191). If there are any questions call (410) 222-5287. Once the access form is completed and approved by AACPS you will then need to present it, along with the required identification documentation, to the Installation’s Demps Visitor Control Center at:

Demps Visitor Control Center 902 Reece Road 7:30 a.m. to 4:00 p.m., Monday through Friday

(301) 677-1064 or (301) 677-1065

Contractor personnel must submit Form 191 and present two forms of identification in original form which shall be neither expired nor cancelled in order to obtain access (or when necessary, an ID badge):

mailto:dajones2@aacps.org

A. A State-issued identification card (e.g. driver’s license) with picture and Real ID Act 2005 compliant;

B. Original social security card (photocopy not acceptable); and

C. Original birth certificate or passport as proof of citizenship. Contractor personnel who are not U.S. citizens will be required to provide immigration documentation.

For further information on access requirements: https://home.army.mil/meade/index.php/about/visitor-information

Contractors are responsible for ensuring their employees, subcontractors, and agents have the necessary credentials to access the Installation.

8. CONFIDENTIALITY

Contractor shall ensure the complete confidentiality of any and all information provided by AACPS and gathered and developed by Contractor in the performance of this Contract. The material gathered, used and developed shall not be provided to any other party without the expressed written approval of the Director of Purchasing.

9. INSURANCE REQUIREMENTS

Unless otherwise required in these specifications, or elsewhere, if a Contract is awarded the Contractor shall be required to purchase and maintain during the life of the Contract, Commercial General Liability Insurance, Business Auto Liability Insurance, and Workers’ Compensation Insurance with limits of not less than those set forth below. The Contractor shall require similar coverage from any of its subcontractors.

Commercial General Liability

At least $1,000,000 combined single limit coverage written on an occurrence basis covering all premises and operations and including Personal and Advertising injury, Independent Contractor, Contractual Liability and Products and Completed Operations. The general aggregate limit is to apply per project.* On all Commercial General Liability Insurance policies the Board of Education of Anne Arundel County (the BOARD) AKA Anne Arundel County Public Schools (AACPS) and all AACPS Parties, administrators, executives, employees and volunteers, shall be named as additional insureds, which shall be shown on the insurance certificates furnished to AACPS under this Section.

Business Auto Liability Insurance

At least $1,000,000 Combined Single Limit any one accident to include owned, non-owned, and hired vehicles.

Workers’ Compensation and Employers’ Liability Insurance

Statutory benefits as required by Maryland law and/or, when required, the U.S. Longshore and Harbor Workers’ Compensation Act including standard Other States Insurance and Employers’ Liability coverage with limits of at least $500,000 each accident/$500,000 each employee disease/$500,000 disease policy limit.

Sole proprietors and partners exempt from statutory workers’ compensation with no employees or subcontractors must provide appropriate documentation in support of that exemption.

Waiver of Right of Recovery/Subrogation

To the fullest extent permitted by law, the Contractor and its invitees, employees, officials, volunteers, agents and representatives waive any right of recovery against the AACPS Parties, including its Board of Education, administrators, executives, employees or volunteers, for any and all claims, liability, loss, damage, costs or expense (including attorney’s fees) arising out of the services provided by Contractor https://home.army.mil/meade/index.php/about/visitor-information https://home.army.mil/meade/index.php/about/visitor-information under this Contract. Such waiver shall apply regardless of the cause of origin of the injury, loss or damage, including the negligence of the Board and its elected and appointed officials, officers, volunteers, consultants, agents and employees. The Contractor shall advise its insurers of the forgoing and such insurance shall waive any right of subrogation by endorsement or otherwise.

End of Section. See next page.

Section III: MANDATORY TERMS AND CONDITIONS The following are mandatory terms and conditions to be included in all contracts.

1. COMPLIANCE WITH LAWS

The Contractor hereby affirms:

It is qualified to do business in the State of Maryland and it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract to include all OSHA and Maryland Occupational Safety and Health (MOSH) requirements including, but not limited to hazard communication, heat stress, personal protective equipment and ensure employees will be trained and supervised accordingly to those applicable laws and regulations; and

It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract

2. RETENTION OF RECORDS

The Contractor shall retain and maintain all records and documents relating to this contract for five (5) years after final payment by the AACPS hereunder or any applicable statute of limitation, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the AACPS, including the Director of Purchasing or the Director of Purchasing’s designee, at all reasonable time.

3. TERMINATION

A. TERMINATION FOR DEFAULT

Should a Contractor fail to perform fully, faithfully, and promptly any obligation owed to AACPS under this contract, then AACPS may, at its election, consider the breach material and, notwithstanding any requirement of notice, terminate the contract in its entirety. Failure on the part of the Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract, and the Contractor is not entitled to recover any cost incurred by the Contractor up to the date of termination. Such termination, or failure to terminate, by AACPS, shall not be construed as a waiver of any other right or remedy afforded by law or by agreement between the parties which AACPS may have against Contractor. No failure of AACPS to utilize a remedy afforded by law or contract upon any breach by Contractor shall be construed as a waiver of the right to insist upon full, prompt, and faithful performance of the particular obligation, and all other obligations of Contractor in the future.

B. TERMINATION FOR CONVENIENCE

The performance of work under this contract may be terminated by AACPS in accordance with this clause in whole, or from time to time in part, whenever AACPS shall determine that such termination is in the best interest of AACPS. AACPS shall pay all reasonable costs associated with the contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with the termination of the contract;

provided, however, that the Contractor shall not be reimbursed for any anticipatory profits that have not been earned as of the date of termination.

C. NONAVAILABILITY OF FUNDING

If the County Council fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this contract succeeding the first fiscal period, this contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this shall not affect either AACPS’s rights or the Contractor’s rights under any termination clause in this contract. The effect of termination of the contract hereunder shall be to discharge both the Contractor and AACPS from future performance of the contract, but not from their rights and obligations existing at the time of termination.

4. MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

5. ASSIGNMENT

Contractor may not assign this contract to successors, associated companies, or any other parties for any reason without written approval of AACPS.

6. PAYMENT

Subject to the performance of the work and its acceptance by the AACPS, contractor may invoice the AACPS for all appropriate charges for services performed during the billing period. All such charges shall be derived in accordance with the prices originally bid on the BID WORKSHEET, found in Section V 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 AACPS shall cause said invoice to be timely paid.

Contractor agrees to include on the face of all invoices billed to the AACPS, its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations, and the purchasing document number; such as the purchase order.

If applicable, invoices shall also include the original price, the discount percentage, and the discounted price paid by AACPS.

A. Payments by EFT

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer, unless the AACPS Director of Purchasing grants an exemption. Unless previously registered, the selected Bidder shall register using the form titled, Electronic Funds Transfer Request Authorization, included as an Attachment to this RFB. The original, completed EFT form should be sent to the Buyer.

B. Payments by Procurement Card

When appropriate, AACPS reserves the right to use the AACPS procurement card for the payment of supplies or services listed in the Contract in lieu of issuing a purchase order. No procurement card transaction shall take place without the written authorization of the cardholder indicating the order for the supplies or services. The Contractor may process a payment in the credit card network ONLY upon shipment of supplies or performance of the services ordered by the cardholder. For partial shipments or performance, the Contractor may process a payment ONLY for the amount shipped or completed and NOT for the entire amount ordered by the cardholder.

Upon shipment or completion of the remaining order, the Contractor may process a payment request to the credit card network for the remainder of the order. The Contractor may not charge AACPS for any fees related to the use of the procurement card above their bid prices.

7. INDEMNIFICATION OF ANNE ARUNDEL COUNTY PUBLIC SCHOOLS

To the fullest extent permitted by law the Contractor shall indemnify and save harmless the AACPS Parties, including its Board of Education, administrators, executives, employees and volunteers, against and from all suits, actions, claims, demands, damages, losses, expenses and/or costs of every kind and description to which the AACPS may be subjected or put, including but not exclusively so, by reason of injury (including death) to persons or damage to property, in any way resulting from Contractor's performance of the work specified herein or performed under this contract, or any part thereof, or by or on account of any act or omission of the Contractor, its agents or employees, whether…