850582solarWcps.pdf

Wicomico County Public Schools (WCPS) prohibits illegal discrimination based on race, ethnicity, color, ancestry, national origin, religion, immigration status, sex, gender, gender identity, gender expression, sexual orientation, family/parental status, marital status, age, physical or mental disability, poverty and socioeconomic status, language, or other legally or constitutionally protected attributes or affiliations and provides equal access to the Boy Scouts and other designated youth groups. Discrimination undermines our community’s long-standing efforts to create, foster, and promote equity, inclusion, and acceptance for all.

RFP 29018-271

BENNETT MIDDLE SCHOOL

SOLAR POWER SYSTEM PROJECT

Published by:

Wicomico County Public Schools Purchasing Division purchasing@mywcps.org mailto:purchasing@mywcps.org

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER PROJECT TOC -1

TABLE OF CONTENTS

PROPOSAL DOCUMENTS: The RFP Documents consist of the following:

00030 – Notice to Proposers

00090 – Instruction to Proposers

00095 – Scope of Work

00100 – General Conditions

00110 – Supplementary Conditions

00111 – Technical Proposal Instructions & Form (see also separate writable PDF)

00301 – Pricing Proposal Form (see also separate Excel form)

00330 – Bid/Proposal Affidavit (submitted separately)

Attachment A – References (see also separate writable PDF)

Exhibit A – Feasibility Study (see separate document)

Exhibit B – Drawings of BMS roof (see separate document)

Business Support Services

NOTICE TO PROPOSERS

10/13/2026

The Board of Education of Wicomico County DBA Wicomico County Public Schools (WCPS) will receive sealed Proposals for RFP 29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT on November 13, 2026, by 2:00 PM

EST.

Brief Description of Work:

Wicomico County Public Schools (WCPS) is seeking proposals from qualified solar contractors for the design, procurement, and installation of a rooftop photovoltaic (PV) system at Bennett Middle School on the standing seam roof areas.

Proposal responses must be submitted registered vendors electronically at:

Euna/Bonfire Portal:

https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

An optional site meeting will be held at 3:30 PM EST on Wednesday, October 28, 2026 at 532 S Division St, Fruitland, MD 21826.

No Proposer may withdraw their Proposal prior to ninety (90) days of the date and time of RFP opening. The Board of Education may extend the time and place for the opening of Proposals by notification via addendum in the above designated portal.

The Board of Education of Wicomico County reserves the right to reject any or all Proposals and waive formalities, informalities, and technicalities therein. The Board reserves the right to contact a Respondent for clarifications and may, at its sole discretion, allow a Respondent to correct any and all formalities, informalities and technicalities in the best interest of the Board.

Certified Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice, but an MBE Plan is not required.

Rick D Konrad Rick D Konrad, NIGP-CPP Procurement Manager rkonrad@mywcps.org https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00090-1

INSTRUCTIONS TO PROPOSERS

1. QUESTIONS & CLARIFICATIONS

A. If any person who contemplates submitting an offer is in doubt as to the true meaning of any part of the Terms and Conditions, Proposal Documents, and/or Request for Proposal (RFP), they may submit a written request for an interpretation thereof, delivered to purchasing@mywcps.org with a cc to rkonrad@mywcps.org no fewer than seven (7) working days by 4:00 PM EST prior to the time and date the offers are due. Answers will be provided by 10:00 AM EST within three (3) working days of the solicitation deadline.

B. WCPS will not be responsible for any other interpretations or explanations of the Terms, Conditions, and Specifications that are not provided in writing via addendum.

2. EXCEPTIONS

A. It shall be the responsibility of the Contractor to include with their Proposal a list of exceptions of any deviations from or qualifications of the Terms and Conditions and Specifications.

B. The list must be attached to the Technical Proposal Form.

C. WCPS will not negotiate exceptions after the submission of the Proposal.

D. Failure to provide a list of all exceptions may result in withdrawal of award.

3. INTERPRETATION OF THE TERM "EQUAL"

The WCPS reserves the right to evaluate the quality of articles offered as alternate or equal, and reserves the right to reject any or all articles judged not equal.

4. DETERMINATION OF GRADE OR QUALITY

WCPS reserves the right to award an item to other than the lowest price Proposal if, in its judgment, there is sufficient reason to believe that another item is a better grade, quality or that it will better serve the interests of the Board, whether based on product samples, objective test, subjective test, or experience.

5. EVALUATION OF PROPOSALS

The Procurement Manager may request additional documentation during the evaluation of Proposals. This additional information may include, but is not limited to, the following:

A. Schedule of Values.

B. List of sub-contactors.

C. Evidence of licensing of Prime contractor and sub-contractors.

mailto:rkonrad@mywcps.org

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00090-2

6. PROPOSAL SUBMISSIONS

All Proposals must include the Proposal Form included in the RFP Documents signed by an officer capable of committing the offeror to contractual relationships.

A. Any Proposal may be withdrawn prior to the RFP’s due date and time; however, all Proposals are considered final after the date and time for receipt of Proposals. Final Proposals may not be altered, withdrawn, or canceled, for a period of 90 days after the time and date designated for receipt of Proposals.

B. Proposals must be delivered to the Purchasing Department via the submission portal mentioned in the Notice to Proposers.

C. Proposal submissions WILL NOT be accepted through eMaryland Marketplace, fax, email, or regular mail.

7. BONDS

A. The bidder agrees, if awarded the contract, to furnish and deliver to the Owner a satisfactory Performance Bond and labor and material Payment Bond within 10 calendar days of recieving the Notice of Award.

B. Each bond must equal one hundred percent (100%) of the total contract sum. The bonds must be issued electronically by Surety 2000 and sent to purchasing@mywcps.org.

C. The cost of these bonds shall be borne entirely by the contractor and included in the bid price. The executed bonds must be delivered within the timeframe specified in the Instructions to Bidders before any work starts.

8. BID/PROPOSAL/CONTRACT AFFIDAVIT

In accordance with the State Procurement Regulation Mandatory Written Solicitation Requirements, CoMar 21.505.08.07, this Proposal requires a signed Proposal Affidavit.

A. This affidavit is to be submitted separately in its designated portal slot.

B. Submissions without this document may be considered non-responsive.

9. TAXES

A. Nothing in these Terms and Conditions and Specifications shall be construed as relieving the Contractor of his responsibilities in paying all applicable taxes.

B. Sales of materials used to improve the realty of government entities are taxable. The Maryland Sales and Use Tax Exemption Certificate of the Wicomico County Board of Education should not be used by contractors performing such work.

10. MINORITY BUSINESS ENTERPRISE PROCEDURES

https://www.surety2000.com/

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00090-3

A. The Wicomico County Public Schools encourages all qualified Minority Business Enterprises (MBE) to apply for certification with the Maryland Department of Transportation (MDOT).

B. All qualified MDOT Certified MBE’s are encouraged to respond to this solicitation notice.

C. An MBE Plan is not required for this RFP.

END INSTRUCTIONS TO PROPOSERS

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 01000 - 1

SPECIFICATIONS AND SCOPE OF WORK

1. SPECIFICATIONS

A. SYSTEM OVERVIEW

Wicomico County Public Schools (WCPS) is seeking proposals from qualified solar contractors for the design, procurement, and installation of a rooftop photovoltaic (PV) system at Bennett Middle School on the standing seam roof areas. This project is funded via a $1,000,000 grant from the MEA Solar for Schools Grant Program. The primary objective is to maximize the energy offset for the facility while remaining within the fixed grant budget and timeline (24 months).

B. SIZING

1) 375 DC/ 300kW AC

2) Year 1 system anticipated energy production (523,018kWh)

C. SITE DETAILS

1) Standing seam roof (Garland R-Mer Span product with a 2 3/8” high vertical seam) mounted array at Bennett Middle School

2) On Site Voltage: 480V/277V

3) Interconnection Point: 4000A/480V Switchgear – bidder shall verify existing equipment can accommodate additional

2. MOUNT – Non-Penetrative Clamps and Rails

A. OVERVIEW

The system should utilize a combination of non-penetrating structural attachment clamps and a rail-based racking assembly that is designed for a standing seam roof. This design allows for a secure, high-capacity solar array without piercing the roof or otherwise compromising the building envelope.

B. CLAMP

1) Should meet or exceed S-5!’s S-5-U Product line

2) The clamps must be Underwriters Laboratories (UL) 2703 listed and conform to

ISO:9001:2015

3) Must be manufactured from high-tensile 6061-T6 aluminum extrusion or equivalent architectural-grade alloy

4) Non-Penetration: The attachment mechanism must not pierce, puncture, or otherwise compromise the metal roof panel material.

https://wicboe-my.sharepoint.com/personal/aschultz_mywcps_org/Documents/Attachments/google.com/maps/place/Bennett+Middle+School/data=!4m2!3m1!1s0x0:0xa1fa4e5d1381b0c9?sa=X&ved=1t:2428&ictx=111 https://www.s-5.com/products/s-5-u-clamps/?utm_term=s%205%20u&utm_campaign=S-5+Brand&utm_source=adwords&utm_medium=ppc&hsa_acc=1163533059&hsa_cam=2083819579&hsa_grp=77150686219&hsa_ad=744215123880&hsa_src=g&hsa_tgt=kwd-302644028384&hsa_kw=s%205%20u&hsa_mt=b&hsa_net=adwords&hsa_ver=3&gad_source=1&gad_campaignid=2083819579&gbraid=0AAAAADg7wV9MM4WgkqEtmjnJGs-UNihOj&gclid=Cj0KCQjwj47OBhCmARIsAF5wUEFSYsTeYFy4YHLkraAxJpiCmTO2Cv7A5wh3GmTTeD5mPjqnrYumPbsaAjkNEALw_wcB https://www.ul.com/services/pv-mounting-systems-certification

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 01000 - 2

5) Finish: Materials must be naturally corrosion resistant. No secondary plating or coating that can flake or peel is permitted.

6) Must feature a minimum of two (2) setscrews per clamp for standard-duty applications to ensure stability

C. RAILS

1) Products must meet or exceed the structural performance, span capabilities, and integrated bonding features of the Unirac SolarMount

2) Rail must be explicitly certified for cross-compatibility with clamps or from the same manufacturer

3) Must meet UL 2703 standard and be compliant with UL 3741

4) Full alignment with ASCE 7-22 for wind and snow conditions

5) The racking system shall provide a continuous electrical bond through the rail and module clamps as well as grounding

6) Mounting system shall include wire clips and/or other cable management

7) All racking fasteners and hardware shall be 300-series stainless steel (minimum

Grade 304).

D. WARRANTY AND SERVICE LIFE

All components should have a minimum 25-year limited product warranty

3. INVERTERS

Inverters shall be utility-interactive inverters suitable for outdoor installation and compatible with the PV system’s design. All inverters shall comply with applicable interconnection, safety, and performance standards and be capable of remote monitoring and diagnostics. The equipment must meet or exceed the quality and functionality of the SMA Sunny Highpower PEAK3 125 kW inverter(s).

B. ELECTRICAL AND FUNCTIONAL SPECIFICATIONS

1) Inverters shall have a minimum California Energy Commission (CEC) weighted efficiency of 98.0%.

2) Must be capable of operating at ambient temperatures ranging from -4°F to 140°F.

C. CERTIFICATIONS AND STANDARDS

1) All inverters must be certified to UL 1741, UL62109, UL1998, CAN/CSA-C22.2

No.62109, and IEEE 1547:2018

2) Shall meet FCC Part 15 Class A or B for EMI compliance.

D. ENVIRONMENTAL AND ENCLOSURE RATINGS

1) Inverters must be rated NEMA Type 4X or IP65 for outdoor use.

https://unirac.com/products/pitched-roof/solarmount/ https://unirac.com/unirac-joins-forces-with-s-5-in-pioneering-alliance-to-propel-solar-energy-deployment/ https://www.sma.de/en/products/solarinverters/sunny-highpower-peak3 https://www.ecfr.gov/current/title-47/chapter-I https://www.nemaenclosures.com/enclosure-ratings/ip-enclosures/ip65-enclosures.html

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 01000 - 3

2) Include integrated DC and AC disconnects and protection against overvoltage, overcurrent, and arc faults.

E. COMMUNICATION AND MONITORING

1) Supports Modbus, RS-485, or TCP/IP communication protocols

2) Must integrate with the project’s data acquisition system (DAS) and have remote monitoring capabilities

F. WARRANTY

Minimum (5) year warranty with extension options

4. PHOTOVOLTAIC (PV) MODULES

The Contractor shall furnish and install high-efficiency photovoltaic modules designed for long-term outdoor operation under varying environmental conditions. Modules must meet or exceed the performance and quality of the SIL-530 XM

B. MODULE TYPE AND EFFICIENCY

1) Modules shall have a minimum module efficiency of 20%

2) Must be listed under UL 61730 and IEC 61730

3) Output rating shall be a minimum of 540 W per module

C. PERFORMANCE CHARACTERISTICS

1) Positive power tolerance of 0 to +5 W

2) Annual degradation rate not to exceed 0.5% per year, with at least 85% of nameplate power after 25 years

D. MECHANICAL AND ENVIRONMENT SPECIFICATIONS

1) Front glass shall be tempered, anti-reflective coated, and at least 3.2 mm thick.

2) Frame Must be anodized aluminum, compatible with mounting hardware, and resistant to corrosion.

3) Modules must be rated for wind and snow loads per IEC 61215 up to 5400 Pa

(snow) and 2400 Pa (wind).

E. WARRANTY AND CERTIFICATIONS

1) Modules shall include a minimum 12-year product warranty and 25-year linear performance warranty.

2) Must be listed with UL and certified for use in North America.

5. MONITORING COMPONENTS

https://silfabsolar.com/wp-content/uploads/2025/05/Silfab-SIL-530-XM-Bifacial-Data-Generic-20250402-Final-1.pdf https://www.ul.com/services/pv-module-certification#:%7E:text=UL%2061730%2D1%2C%20the%20Standard,Photovoltaic%20(PV)%20Module%20Safety%20Qualification https://docs.nrel.gov/docs/fy12osti/54714.pdf https://www.iecee.org/certification/iec-standards/iec-61215-1-12016

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 01000 - 4

1) The system shall include monitoring software and hardware components that are weather/outdoor rated. In addition to providing production details, monitoring solution should have alerting functions and capture weather data.

2) Hardware should be comparable to AlsoEnergy's PLCS 600-00-PLUS (See Attachment B).

3) Software should equal or surpass features found in AlsoEnergys PowerTrack (See Attachment C).

B. SOFTWARE REQUIREMENTS

1) Software should integrate real-time production and weather monitoring

2) Incorporate dashboards, reports, and graphs. With the ability to share/embed

3) Needs to have fault detection and alerting capabilities

C. HARDWARE

1) Include data runs and conduits for monitoring application

2) ANSI C12.20 class 0.1 & IEC 62053-22 class 0.1s or comparable

6. MAINTENNANCE TERM

1) Bidder shall include 1-year of maintenance with annual renewal options.

2) Annual renewal costs will be stated in the pricing form.

7. UTILITY INTEGRATION/PERMITTING

A. LOCAL PERMITS

1) Coordinate with the local utility provider to obtain interconnection approval.

2) Compliance with local utility Supervisory Control and Data Acquisition (SCADA) requirements. Bid should include full cost of integration and applicable hardware/labor

3) Ensure the system is designed and installed in full compliance with all utility tariffs, building/fire codes and interconnection agreements

4) Complete and submit and relevant building permits/applications. Bidder to cover all applicable costs.

B. GRANT PROVISIONS

Locality Requirement:

The Grant shall comply with State Government Article § 9-20B-05, Annotated of Maryland, which requires that at least 80 percent of workers participating in a project or program that receives money from the SEIF must reside within 50 miles of the project or program. As the Program is a statewide program, MEA will determine https://home.alsoenergy.com/wp-content/uploads/2022/09/PLCS-600_v21-1_PR4.pdf https://home.alsoenergy.com/powertrack

29018-271 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 01000 - 5

compliance based on whether at least 80 percent of worksite workers reside in Maryland, or within 50 miles of Maryland's borders

C. EQUIPMENT AND INSTALLATION

Provide and install all required electrical components including wiring, conduits, transformers, junction boxes, and disconnects

8. DRAWINGS

A. The Contractor shall provide a set of drawings for their proposed Project within 45 days of the Notice to Proceed.

B. As-Built drawings will be provided at the conclusion of the Project as per the General Conditions Section 42.

ADD ALTERNATE 1:

9. Extended warranty options for inverter (submit with Price Form).

ADD ALTERNATE 2:

10. System maintenance post year 1 options for annual costs. (submit with Price Form).

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 1

GENERAL CONDITIONS

1. DEFINITIONS:

Addendum: Written change or revision to the RFP Documents issued to the prospective Proposers prior to the time of receiving Proposals.

Alternate: The sum to be added to, or deducted from, the Base Pricing Proposal if the change in scope of work as described in Alternates is accepted by WCPS.

WCPS: Wicomico County Board of Education doing business as Wicomico County Public Schools.

Furnish: Purchase and deliver to site of installation.

Install: Fix in place, for materials; and fix in place and connect, for equipment.

Owner: WCPS, authorized employees, and authorized representatives.

Secure: Obtain.

2. CONTRACT DOCUMENTS:

A. The RFP Documents as modified by any addenda and the Proprosal responses shall become the Contract Documents upon award by WCPS.

B. The Contract Documents shall include:

1) Original RFP, Addenda(s), and Exhibits.

2) The completed Technical Proposal Form and the Proposal Pricing Form.

3) And any additional information required with the Proposal Forms.

4) Any modification amending or extending the work shall be proposed and accepted in writing and shall be as binding as if originally included in the Contract Documents.

C. The Contract Documents are complimentary, and anything required by one shall be as binding as if required by all.

In case of conflicts within the Contract Documents, the order of precedence of interpretation shall be:

1) Original RFP, Addenda(s), and Exhibits.

2) The completed Technical Proposal Form and the Proposal Pricing Form.

3) Any modification amending or extending the work.

D. Should any discrepancy appear or any misunderstanding arise as to the importance of anything contained in the specifications or plans, the matter shall be referred to the Project Manager. Suitable instructions will be given or corrections made when any such error or omission is discovered.

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 2

3. USE OF WCPS FACILITIES:

A. The Contractor, sub-contractor, and sub-sub-contractor shall confine their operation to those areas permitted and authorized by the Project Manager. The use of WCPS's facilities (toilets, restrooms, lunchrooms, dumpsters, etc.) and utilities are strictly prohibited unless previously authorized and approved by the Project Manager.

B. The Contractor, sub-contractor, sub-sub-contractor may park only in those areas designated by the Project Manager.

4. SUBCONTRACTORS:

A. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and WCPS. WCPS shall be deemed to be the third party beneficiary of the contract between the contractor and the subcontractor. If the Contractor does not specify a Subcontractor for any portion of the work to be performed under this Contract, he agrees to perform that portion of the work with their own forces.

B. The Contractor shall not substitute any other person or firm as a Subcontractor, other than those listed in the Proposal submitted by them, without the written approval of WCPS. WCPS reserves the right of approval of all subcontractors proposed for use on this work, and to this end, may require financial, performance and such additional information as is needed to secure this approval.

C. The Contractor shall insert appropriate provisions in all subcontracts pertaining to work on this Project requiring the Subcontractors to be bound by all applicable terms of the Contract Documents.

The Contractor shall be as fully responsible for the acts and omissions of their Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by them.

5. GOVERNING LAW AND VENUE:

A. The Contract shall be construed in accordance with, and interpreted under, the Laws of the State of Maryland. Any lawsuit arising out of such Contract shall be filed in the appropriate State Court of competent jurisdiction located in Wicomico County, Maryland.

B. All respondents must be registered to do business in the State of Maryland prior to starting any work and should provide a copy of a Good Standing Certificate with the State.

6. CLAIM AND DISPUTES:

A. As per State Law the Owner shall in no way be obligated to enter into mediation proceedings with a Contractor for any purpose whatsoever. The Owner will reserve unto itself the right to determine what form of litigation and its locations are appropriate at the time the dispute arises.

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 3

B. The Owner shall in no way be obligated to enter into arbitration proceedings with a

Contractor for any purpose whatsoever. The Owner will reserve unto itself the right to determine what form of litigation and its locations are appropriate at the time the dispute arises.

7. INSURANCE

A. The Contractor shall provide to the Procurment Division a Certificate of Insurance with their submission indicating the coverages below prior to the start of any work and agrees to maintain such insurance until the completion of the contract. The minimum insurance coverages shall be:

1) Workmen's Compensation: The Contractor shall maintain throughout the life of the contract statutory Workers' Compensation, including Maryland benefits and employer's liability with limits of $100,000/$100,000/$500,000 for all of the Contractor's and any sub-contractor's employees who will be engaged in the work at the sites of the project.

2) Commercial General Liability: The Contractor shall establish and maintain throughout the life of the contract Commercial General Liability Insurance - $2,000,000 each occurrence/general aggregate covering all premises and operations and including Personal Injury, Completed Operations, Contractual Liability and where applicable to the project as determined by the Purchasing Agent, Products and Independent Contractors. The general aggregate limit is to apply per project; and

3) Business Automobile Liability: $2,000,000 Combined Single Limit (Owned, non-owned and hired).

B. WCPS requires a forty-five (45) day notice, in writing, of cancellation, non-renewal or change in insurance coverage affecting this project. This written notice shall be furnished by the Contractor's insurance carrier(s) or insurance agent(s) to WCPS's Purchasing Division.

C. All Proposers should have current Certificate of Insurance (ACORD certificates) included with the submission. Failure to provide the ACORD certificate may result in the Proposer’s offer being considered non-responsive.

D. The Certificate of Insurance shall be provided in the RFP submission with the Proposal Pricing Form file. Wicomico County Public Schools shall be named as an additional insured, including its elected or appointed officials, agents and employees.Coverage must be primary with respect to WCPS, its agents and employees.

8. CODES AND REGULATIONS:

A. The Contractor shall be knowledgeable of and comply with all codes, ordinances, regulations or orders of properly constituted authority having jurisdiction over the services provided under this Contract.

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 4

B. All services and materials shall be in full accordance with the latest rules and regulations and other applicable State laws or regulations.

9. SAFETY AND FIRE PREVENTION:

A. OCCUPATIONAL SAFETY AND HEALTH ACTS: Contractor(s) whom perform any services under this contract shall fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and any amendments thereto and regulations pursuant to the act, and also to the Maryland Occupational Safety and Health Act, Article 89, Sections 28 to 49A inclusive, Annotated Code of Maryland, as amended by Chapter 59, Laws of Maryland 1973 and any regulations pursuant thereto.

B. The Contractor shall take thorough precautions at all times for the protection of persons and property, and shall be liable for all damages to persons or property, either on or off the site, which occur as a result of their prosecution of the work.

C. Contractor shall take extraordinary care to prevent fires and keep all flammable materials and oily rags in tightly closed metal containers. Contractor shall exercise particular care when welding or cutting, and with regard to the disposition of waste materials, the nature and quantity of which might create or increase a fire hazard.

D. The Contractor and Subcontractors shall comply with Sections 6360, et. seq. of the Labor Code, together with Title 22 with regard to hazardous substances in the work place.

The Contractor and each Subcontractor shall supply to their employees and, where site is occupied, to WCPS, copies of Material Safety Data Sheets (MSDS) for hazardous substances that may be used in the course of the services, together with notice of actual hazardous substances to which employees may be exposed while performing work and appropriate protective measures.

10. TIME:

A. It shall be understood that time is of the essence of the Contract, and the Contractor must prosecute their services diligently and regularly at such a rate of progress as to ensure completion of the work within, or sooner than, the time specified.

The Contractor shall commence the work on the date indicated in the Notice to Proceed, and they agree to complete all work described by the Contract Documents within, or sooner than, the number of calendar days required in the Contract or within the regular schedule agreed to.

B. Failure to prosecute the work in a timely manner and according to the work schedule is considered a breach of Contract and is cause for termination of the Contract according to the Article on "RIGHT TO TERMINATE CONTRACT."

11. COORDINATION WITH OTHER CONTRACTS:

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 5

A. WCPS reserves the right to do other work or award other contracts in connection with this Project. If this is the case, the Contractor shall schedule and coordinate their work in such a manner as not to interfere with the work of others. If conflict arises as a result of other work on this project, the Contractor shall promptly notify the Project Manager.

WCPS will issue such instructions as are necessary to correct the matter. WCPS shall not be liable for the failure of another Contractor to comply with such instructions.

B. If any part of this Contractor's work depends upon the work of a separate Contractor, this Contractor shall inspect such other work and promptly report in writing to the Project Manager any defects in such other work that render it unsuitable to receive the work of this Contractor.

C. Failure of this Contractor to so inspect and report shall constitute an acceptance of the other Contractor's work, except as to defects which may develop in other Contractor's work after execution of this Contractor's work.

D. If, through acts of negligence on the part of this Contractor, any other contractor or subcontractor shall suffer loss or damage to the work this Contractor shall make a reasonable effort to settle with such other contractor and subcontractor by agreement or arbitration.

E. If such other contractor or subcontractor shall assert any claim against WCPS, on account of any damage alleged to have been so sustained, WCPS shall notify this Contractor, who shall defend such proceedings at their own expense and hold harmless WCPS and the from any such claim.

12. PAYMENTS:

A. Invoices for payment shall be submitted to WCPS within 60 days of completion of your work - FAILURE TO DO SO MAY RESULT IN FORFEITURE OF PAYMENT AS ALL POs WILL BE CLOSED AT THIS TIME.

B. Send all invoices, correspondence and required documents to the the attention of WCPS Accounts Payable, 2424 Northgate Drive, PO Box 1538, Salisbury, MD 21801.

Invoices may also be sent via eamil to acctspay@mywcps.org and copy the Project Manager.

C. ALL INVOICES MUST REFERENCE THE CONTRACT NAME, NUMBER, AND

PURCHASE ORDER NUMBER. Failure to provide any of this information may result in the return and/or rejection of submitted invoices.

D. WCPS offers the following payment options:

1) ACH payment (preferred)

2) P-Card

3) Physical check mailto:acctspay@mywcps.org

29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 6

E. Payments Do Not Imply Acceptance of Work: The granting of any progress payment or payments by WCPS or the receipt thereof by the Contractor, shall not constitute acceptance of the work or of any portion thereof, and shall in no way lessen the liability of the Contractor to replace unsatisfactory work or material, whether or not the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

F. Payment to Subcontractors and Suppliers: The Contractor shall pay each Subcontractor and supplier promptly on receipt of each progress payment from WCPS for the materials, labor and equipment delivered to the site or incorporated in the work by each Subcontractor during the period for which the progress payment is made, less any retention as provided above. In the event of a loss by a Subcontractor or supplier for which insurance monies are paid, the Contractor shall pay Subcontractor or supplier a just share thereof.

G. Release: The Contractor and each assignee under an assignment in effect at the time of final payment shall, if required by WCPS, execute and deliver at the time of final payment and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by WCPS, discharging WCPS, its officers, agents and employees of and from liabilities, obligations and claims arising under this Contract.

13. MODIFICATIONS OF CONTRACT

A. Adjustments To Contract: After award of contract, questions and correspondence relative to request for deviation from the Specifications, Terms or Conditions of the Contract must be directed to the Project Manager.

B. Any adjustment permitted under the terms of this contract will be only as authorized by the Purchasing Division in the form of a contract amendment and/or a written Purchase Order Change Notice.

C. Oral Modifications: No oral statements of any person whom so ever shall in any manner or degree modify or otherwise affect the terms of the Contract. No directive shall be responded to unless direction was made by the Project Manager.

Any changes to the scope of work will be only as authorized by the Project Manager.

No other staff member shall be considered authorized.

D. Changes In The Work: WCPS, before the date of acceptance of the work, may order changes in the work (called Modifications) herein required, and may order extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders and any such orders shall be carried out by the Contractor in accordance with the intent of the original Contract specifications.

E. Cost Breakdown: The Contractor shall provide all cost information requested by the Project Manager so that a Change may be processed.

14. TERMINATION:

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A. Breach:

1) Should Contractor fail to fulfill in a timely and proper manner its obligations under this contract or if it should violate any of the terms of this contract, WCPS shall have the right to immediately terminate the contract.

2) Such termination shall not relieve Contractor of any liability to WCPS for damages sustained by virtue of any breach by Contractor.

B. Convenience:

1) The Contract may be terminated by WCPS in whole or in part at any time, in the best interest of the Board. If the Contract is terminated before normal completion, the Contractor will be paid for all work performed up to that point in the Contract.

2) Notice: In termination of the Contract WCPS will typically provide thirty (30) days written notice to Contractor.

15. HOLD HARMLESS:

A. The Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless WCPS, its elected or appointed officials, employees, and agents from and against any and all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or a result of the performance of this contract.

B. Such indemnification shall extend to all claims, demands, or liabilities occurring after completion of the project as well as during the progress of the work.

16. CONTRACTOR’S GUARANTEE:

By offering a Proposal, it is mutually understood and agreed between the Owner and Contractor that the Proposerr (Contractor):

A. Certifies that materials used in the work conform to the Specifications contained herein.

B. Guarantees their work against defects in materials and workmanship for a period of two (2) year from the date of final acceptance by WCPS.

C. Certifies that any and all liens for labor and materials used in this contract have been resolved or will be resolved, should they be filled, and that the Contractor shall settle any and all claims without annoyance to the Owner.

D. Guarantees that they will comply with all federal, state, county, or city codes, laws, regulations, and ordinances appropriate to their services and has obtained and paid for any license, permit, or certificate required in the performance of their work.

17. DAMAGE:

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The Contractor shall be held responsible for, and shall be required to make good at their own expense, any and all damages done or caused by them or their agent(s) in the execution of this contract.

18. CLEANUP:

A. The Contractor shall keep the premises clean and free from accumulation of waste materials and rubbish. This clean-up shall be done on a daily basis to the satisfaction of the Project Manager.

At the completion of the workday, the contractor shall remove all waste materials and rubbish from the premises at their expense. WCPS's disposal containers shall not be available for use unless specifically authorized, in advance, by the Project Manager.

The Contractor shall not locate on WCPS property any on-site waste or disposal containers unless specifically authorized, in advance, by the Project Manager.

B. The Contractor shall remove all tools, equipment, and surplus materials on a daily basis. Rubbish and debris shall be removed from the work area and disposed of in a neat and legal manner.

C. Final cleaning, such as sweeping, dusting, vacuuming, dry and wet mopping, polishing, sealing, waxing and other finish operations shall be required on newly installed work.

At the time of acceptance, all marks, stains, fingerprints, dust, dirt, splattered paint and blemishes resulting from the various operations shall be removed throughout the building. Stair treads and risers shall be wet-mopped. Glass shall be left clean and polished both inside and outside. Plumbing fixtures and light fixtures shall be washed clean. Hardware and other unpainted metals shall be cleaned and all building papers and other temporary protections shall be removed throughout the building, or portion of the building where Contractor was involved, all to the satisfaction of the Project Manager.

19. ANTI-COLLUSION:

By signing the Proposal Form, the Proposer understands that, in accordance with the Annotated Code of Maryland Finance and Procurement Article 11-205; a person who, for the purpose of defrauding the Board, acts in collusion with another person in connection with the procurement process is liable for damages.

20. ANTI-BRIBERY/DEBARMENT:

This procurement is subject to the Annotated Code of Maryland Finance and Procurement Article 16 concerning Debarment of Contractors. By signing this Form of Proposal, the offeror agrees that he understands and is in compliance with Article 16.

21. POLITICAL CONTRIBUTION DISCLOSURE:

Election Law Article, §§14-101—14-108, Annotated Code of Maryland, requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, 29018-262 BENNETT MIDDLE SCHOOL SOLAR POWER SYSTEM PROJECT 00100 - 9 including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

22. ASBESTOS CONTAINING BUILDING MATERIALS:

By submitting a Proposal for this project, the Contractor agrees that no asbestos containing building materials will be used in this project by any contractor, sub-contractor, or sub-sub-contractor.

23. TOBACCO-FREE SCHOOLS POLICY:

All on site contractors, sub-contractors, and sub-sub-contractors must comply with the Board's tobacco-free schools policy "ADC". The policy states that "the sale or use of tobacco in any form is prohibited in all buildings and all outside seating areas owned or leased by the Board of Education of Wicomico County, at all times (24 hours a day, every day), regardless of whether or not students are present." The policy also states that "the use of tobacco in any form is prohibited on school grounds during the official school day (7 a.m. to 5 p.m.)."

Any contractors, sub-contractors, or sub-sub-contractors "which do not enforce this tobacco-free policy may be ... declared in default of their contract."

24. CHILD SEX OFFENDER NOTIFICATION:

Maryland law requires certain child sex offenders to register with the local law enforcement agency. One of the purposes of this law, found in Article 17.792, is to inform school systems when a child sex offender is residing or working in the area. When the child sex offender registers, the local police are required to notify the Superintendent of Schools, and the Superintendent, in turn, is required to send a notice to school principals.

As a Contractor working for WCPS, we require that you do not employ convicted child sex offenders to work on projects for our school system if they, as a result, are required to perform delivery, installation, repair, construction or any other kind of services on WCPS property.

25. CRIMINAL BACKGROUND CHECK AND WORKER ASSIGNMENT:

A. Effective July 1, 2015, amendments to 6-113 of the Education Article of the Maryland Code further require that a contractor or subcontractor for a local school system 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, or pled guilty or nolo contendere to, a crime involving:

1) A sexual offense in the third or fourth degree under 3-307 or 3-308 of the Criminal

Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under 3-307 or 3-308 of the Criminal Law Article if committed in Maryland.

2) Child sexual abuse under 3-602 of the Criminal Law Article, or an offense under

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

3) A crime of violence as defined in 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of 14-101 of the Criminal Law Article if committed Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under 3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree.

B. Also effective July 1, 2015, amendments to 5-561 of the Family Law Article of the Maryland Code mandate that each contractor and subcontractor shall require that any individuals in its work-force must undergo a criminal background check if the individuals have direct unsupervised, and uncontrolled access to children.

26. NONDISCRIMINATION:

NONDISCRIMINATION CLAUSE: In accordance with the Annotated Code of Maryland, State Finance and Procurement Article 13 219, discrimination on the basis of sex, race, age, color, creed, or national origin is prohibited under the terms of this contract by any contractor, sub contractor, or sub sub contractor.

Contractors and sub contractors are required to include similar notification in all sub contracts for other than standard commercial supplies or raw materials and are required to post notice of this provision so that the notice will be available to the Contractor's and/or sub contractor's employees and applicants.

27. A/E SERVICES:

The Board is not responsible for A/E Services requested by the Contractor unless such services are approved by the Project Manager prior to the performance of the A/E Service.

28. INSPECTION SERVICES - OVERTIME:

The Contractor shall reimburse the Owner for all additional engineering and/or inspections services fees incurred as a result of Contractor’s approved request to work overtime. The procedure for request and approval of overtime is outlined in detail Proposalding Documents.

END OF GENERAL CONDITIONS

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SUPPLEMENTARY CONDITIONS

1. INTENT: These Conditions and Specifications are intended to cover BENNETT MIDDLE

SCHOOL SOLAR POWER PROJECT for the Wicomico County Public Schools (WCPS).

The successful Proposer is to provide labor, material, freight, equipment and supervision as necessary to successfully perform this contract.

2. PERIOD OF CONTRACT:

A. The Contract period shall begin upon award and remain in full force and effect until project completion on or before December 31, 2027, unless terminated or extended by the WCPS.

B. In addition, the Contract shall have up to three (3) one-year options of renewal for additional project work relating to future WCPS solar power projects of a similar scope.

C. The options must be mutually agreed upon.

D. Price adjustments must be approved by the Project Manager and Purchasing Department as outlined in these Contract documents.

E. All billing must be submitted within sixty (60) days of project completion.

3. RFP DOCUMENTS

The RFP Documents consist of those documents listed in the table of contents of this RFP packet as well as any and all addenda.

4. METHOD OF PROPOSAL

A. The RFP documents and the signed Proposal Forms with documentation and appropriate attachments are to be submitted as an offer via the specified solicitation portal (See Notice to Proposers).

B. Responses must be submitted on the basis of Technical Proposal Form as well as Price

Proposal Form submitted as two separate files in the designated slot in the solicitation portal.

C. Prices quoted shall not include Federal Excise or State Sales and Use taxes, or any other taxes from which WCPS is exempt. Exemption certificates will be furnished upon request.

5. BASIS OF AWARDING:

Wicomico County Public Schools (WCPS) will utilize a Technical Selection Committee to evaluate and score proposals based on a "Best Value" determination. While pricing is a factor, the contract will be awarded to the proposer who demonstrates the highest level of technical competence, grant compliance, and long-term system value for the district.

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A. This RFP will be scored based on the following criteria:

CRITERIA POINTS DESCRIPTION

Value Optimization (Watt/$) 30

Proposers must provide the maximum generating capacity possible while remaining within the $1,000,000 fixed grant budget.

Technical Design & Output 25

Evaluation of engineering quality, equipment selection, and a verified zero-penetration strategy for the 2 3/8" Garland roof.

RFP & Grant Compliance 15 Completeness of submittals and documented adherence to the 80% Maryland residency provision.

Timeline & Grant Window 10 Demonstrated ability to meet the strict MEA grant completion window.

Utility & SCADA Integration 5 Compliance with Delmarva Power SCADA and 4000A gear interconnection.

Life-Cycle Cost & O&M 15

Evaluation of the total cost of ownership, including the cost of the mandatory 1-year maintenance and the locked-in rates for annual renewal options.

TOTAL 100

B. Detailed Technical Expectations for High Scoring

1) To receive a maximum score in the Technical Design and Compliance categories, Proposers must provide:

a. Value Optimization (Watt/per dollar spent): As the project is funded by a MEA grant, the primary financial metric is the efficiency of the capital expenditure.

Proposers will be scored on the maximum total DC system capacity (target: 375 kW DC or greater) they can deliver within this budget. High marks will be given to

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proposals that maximize nameplate wattage and energy density per dollar without sacrificing material quality.

b. Best Total Cost of Ownership (TCO): Proposals will be evaluated on the projected financial performance over the 25-year life of the system.

c. Mounting Integrity: Verification that the proposed clamps (e.g., S-5-U) are specifically sized for the 2 3/8" high vertical seam of the Garland R-Mer Span product.

d. Safety Standards: Full compliance with UL 3741 (Photovoltaic Hazard Control) to ensure first-responders’ safety on a school facility.

e. Interconnection Strategy: A clear plan for the 480V/277V interconnection at the existing 4000A switchgear, including any necessary downtime coordination with school operations.

f. Quality of Design & Materials Selected: Proposers must demonstrate a cohesive system design where all major components are engineered for 25+ years of service. Materials must be naturally corrosion-resistant, specifically utilizing high-tensile 6061-T6 aluminum extrusions and 300-series stainless steel hardware.

No secondary plating or coatings that can flake or peel will be permitted.

Equipment selection must meet or exceed the quality and functionality benchmarks set by Unirac SolarMount, SMA PEAK3 inverters, and SIL-530 XM modules

C. WCPS Rights and Reservations

1) In awarding the Contract, consideration will be given to any previous performance for

WCPS regarding the quality of service, merchandise, and the contractor’s ability to perform. WCPS reserves the right to:

a. Reject any or all offers and waive formalities, informalities, and technicalities in any offer.

b. Verify all claims regarding 80% Maryland residency through certified payroll audits during the project.

2) WCPS reserves the right to accept that offer which, in its judgment, best serves the interests of WCPS, without regard to the same being the lowest price offer.

6. BONDS

A. The Proposer agrees, if awarded the contract, to furnish and deliver to the Owner a satisfactory Performance Bond and labor and material Payment Bond. The Bonding company must be certified to do business in the State of Maryland and have at least an A- rating or above.

B. Each bond must equal one hundred percent (100%) of the total contract sum. The bonds must be issued electronically by Surety 2000.

C. The cost of these bonds shall be borne entirely by the contractor and included in the

Proposal price. The executed bonds must be delivered within the timeframe specified in the Instructions to Proposers before any ordering or work starts.

7. LIQUIDATED DAMAGES:

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After successfully setting an agreed upon price and schedule with the Owner, if there is a project delay at the Contractors fault, the Owner may impose Liquidated Damages of up to $1500 per calendar day until completion of project.

8. MATERIALS:

A. Unless explicitly stated otherwise, all specified equipment and material comprising the work of this Contract, as being provided, furnished, or installed, shall imply the inclusion of all components, hardware, and accessories, required for complete installation and satisfactory operation as intended by the manufacturer.