ITB - LES Heating Oil.pdf

January 2023 St. Mary’s County Public Schools Page 1 Delivery of Heating Oil to Leonardtown Elementary School

ITB #SMCPS-2023-LES-001

ST. MARY’S COUNTY PUBLIC SCHOOLS (SMCPS)

INVITATION TO BID (ITB)

BID TITLE: Delivery of Heating Oil to Leonardtown Elementary

School

BID NUMBER: SMCPS-2023-LES-001

DEADLINE FOR QUESTIONS: January 13, 2023 at 1:00 p.m. local time

CONTRACT PERIOD: One (1) Year with Options to Renew for Four (4)

Additional One-Year Periods

BID OPENING DATE: January 25th, 2023

TIME OF BID OPENING: 1:00 pm local time

PLACE OF BID OPENING: ** THIS BID OPENING WILL TAKE PLACE REMOTELY.

BIDDERS MAY OBSERVE THE OPENING OF BIDS ONLINE

BY LOGGING IN TO A VIRTUAL MEETING HOSTED BY

SMCPS AT THE TIME AND DATE OF THE BID OPENING.

FOR DETAILS, PLEASE SEE SECTION II, “INFORMATION

FOR BIDDERS.”

BID MAILING ADDRESS: **ALL BIDS MUST BE SUBMITTED ELECTRONICALLY

USING THE EMARYLAND MARKETPLACE ADVANTAGE

WEBSITE. PLEASE SEE SECTION II, “INFORMATION FOR

BIDDERS”.

PROCUREMENT COORDINATOR: Patrick McCall

EMAIL ADDRESS: pjmccall@smcps.org

WEBSITE: procurement.maryland.gov

If SMCPS offices are closed on the day a bid is “DUE”, the bid will be due at the same time the next day that the

SMCPS offices are opened.

https://procurement.maryland.gov/

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TABLE OF CONTENTS

ITB #SMCPS-2023-LES-001

I. INTRODUCTION

II. INFORMATION FOR BIDDERS

III. INQUIRIES/COMMUNICATION

IV. GENERAL TERMS AND CONDITIONS

V. INSURANCE REQUIREMENTS

VI. SPECIFICATIONS

ATTACHMENT 1 Contractor’s Statement of Experience ATTACHMENT 2 Bid Submission Form ATTACHMENT 3A Business Relationship Affidavit ATTACHMENT 3B Contractor/Subcontractor’s Certification of Compliance with MD Sex Offender Law .. 32 ATTACHMENT 4 Specifications, Pricing and Delivery Information Sheet ATTACHMENT 5 References ATTACHMENT 6 Minority Business Enterprise Utilization Affidavit ATTACHMENT 7 “No Bid” Reply Form ATTACHMENT 8 List of Subcontractors

ATTACHMENT 9 W-9

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I. Introduction

The Board of Education of St. Mary’s County on behalf of St. Mary’s County Public Schools (SMCPS) is requesting sealed bids from experienced and qualified Suppliers to supply and deliver #2 distillate heating oil to Leonardtown Elementary School (22885 Duke Street, Leonardtown Maryland 20650). This school has an underground heating oil tank with a capacity of 3,000 gallons and will typically require deliveries on a weekly basis. Deliveries will be made on a will-call basis. The average annual fuel consumption at this location is approximately 11,300 gallons but actual fuel purchases may vary depending on factors such as average temperature during heating season. In addition, should the existing tank be replaced during the life of the contract the number of deliveries may change. SMCPS does not guarantee any minimum or maximum purchase quantity.

II. Information for Bidders

A. ELECTRONIC BID SUBMISSION REQUIRED

All bids must be submitted electronically using the eMaryland Marketplace Advantage (eMMA) website.

There is no exception. Bids submitted in any other manner (mail, email, etc.) will not be considered. In order to submit a bid, vendors must register on the eMaryland Marketplace Advantage website. After registering, vendors may then upload their bid response documents (in Word, PDF, etc.).

The following information is provided by eMaryland Marketplace to assist bidders:

Tutorials:

Vendor Training and Support

Quick Reference Guides:

eMMA Quick Reference Guides eMMA Help Desk: emma.helpdesk@maryland.gov

All bids must be submitted electronically using the eMaryland Marketplace website on or before the bid opening date and time, which is January 25th, 2023 at 1:00 p.m. local time. Contractors shall assume full responsibility for timely delivery of the bid response to the location designated for receipt of bids. Bids received after the time and date will be considered unresponsive.

If SMCPS offices are closed on the day a bid is “DUE”, the bid will be due at the same time the next day that the SMCPS offices are opened.

B. ALTERNATIVE TO PUBLIC BID OPENING

https://procurement.maryland.gov/vendor-training-and-resources/ https://procurement.maryland.gov/emma-qrgs/ mailto:emma.helpdesk@maryland.gov

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A public bid opening will take place via Zoom. A Zoom meeting has been scheduled for the bid due date and time January 25th, 2023 at 1:00 p.m. local time. SMCPS will access the sealed bids at this time and will read the bids aloud as part of the Zoom meeting. Vendors are invited to join this meeting (via video or conference call) if they wish to hear the bids read aloud. Details can be found below; if you would like to receive a calendar invitation please contact pjmccall@smcps.org. Participation in this Zoom meeting is optional.

C. FORMATION OF THE CONTRACT

It is the intent of SMCPS that should this bid be accepted and awarded, the Contract will consist of the bid solicitation documents, any addenda/amendments, and the bidder’s response to the bid solicitation, addendum/amendment documents, SMCPS written notice of award and subsequent purchase orders. The resulting contract shall be awarded for a period of one (1) year with the option to renew for four (4) additional one-year terms. SMCPS reserves the right to cancel the contract, at its discretion, for any reason.

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SMCPS reserves the right to award the requirements of this bid in total or in part as it determines to be in the best interest of SMCPS. SMCPS reserves the right to make multiple awards. Contract awards are subject to the availability of funding.

Minority Business Enterprises are encouraged to respond to this solicitation notice.

III. Inquiries/Communication

Prospective bidders may request that SMCPS clarify information contained in this bid. All such requests must be made in writing to Patrick McCall, Procurement Coordinator. SMCPS will not respond to any requests for clarification received after January 13th, 2023 at 1:00 p.m local time. Questions may be sent via email to pjmccall@smcps.org. An addendum will be issued if necessary to answer all questions. The addendum will be posted on procurement.maryland.gov under the applicable bid number and will be available at the SMCPS Purchasing Office.

IV. General Terms and Conditions

A. DISPUTES

The resulting Contract award from this ITB shall be subject to the provisions of Title 15, Subtitle 2 or the

State Finance and Procurement Article of the Annotated Code of Maryland and COMAR 21.10

(Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the decision of SMCPS.

B. GOVERNING LAW AND VENUE

The bid shall be construed in accordance with, and interpreted under, the Laws of the State of Maryland.

Any lawsuit arising out of such a bid or resulting contract shall be filed in the appropriate State Court of competent jurisdiction located in St. Mary’s County.

C. TERMINATION

a. DEFAULT

SMCPS may, by written notice of default to the contractor, terminate the whole or any part of the contract. If, after notice of termination of this contract under provision of this clause, it is determined for any reason that the Contractor was not in default under the provisions of the clause, or that the default was excusable under the provisions of the contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to a termination for convenience.

b. CONVENIENCE

SMCPS may terminate the performance of work under any resulting contract in whole or in part when it is determined to be in the best interest of SMCPS, for any reason. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent

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to which performance of the work is terminated and the date upon which such termination becomes effective. All finished or unfinished supplies and services provided by the contractor shall at the option of SMCPS, become the property of SMCPS. SMCPS shall pay the contractor fair and equitable compensation for satisfactory performance prior to receipt of Notice of

Termination. Upon receipt of a Notice of Termination, the Contractor shall submit to the

Purchasing Office his Termination Claim.

D. FORCE MAJEURE

The Contractor shall not be liable for any excess costs of failure to perform if the failure to perform this

ITB/Contract arises from causes beyond the control and without the fault of negligence of the

Contractor. Excusable causes include, but are not limited to, acts of God or of the public enemy and acts of the federal or state government in either their sovereign or contractual capacities.

E. ASSIGNMENT

The ITB/Contract shall not be assigned, sublet or transferred, in whole or in part, by operations of law or otherwise, by either of the parties hereto except with the prior written consent of the other. Unless specifically stated, no written consent to an assignment shall operate to release or discharge the assignor from any duty or responsibility under the ITB/Contract.

F. BID PROTEST PROCEDURES

A Contractor may protest an award. The protest shall be filed with the Purchasing Office by submitting a protest in writing to Patrick McCall, Procurement Coordinator, by mail at 23160 Moakley Street, Suite

107, Leonardtown, Maryland 20650. The protest must be received by the close of business on the seventh (7 th

) business day after the award. Protests shall include the ITB number, the basis of the protest, the relief sought and whether the protester wishes to have a conference with respect to the protest.

G. INDEMNIFICATION

To the fullest extent permitted by law, Contractor agrees to defend, indemnify, pay on behalf of, and save harmless the Board of Education of St. Mary’s County, its elected and appointed officials, agents, employees, and authorized volunteers against any and all claims, losses, damages, expenses, including attorneys’ fees and all other costs connected therewith, cause of action or liability arising out of or connected to the supply, delivery or installation of any products or materials by Contractor under this

Contract, provided that any such claim, loss, damage, expense, cause of action or liability is caused in whole or in part by any negligent act or omission of the Contractor or any of the Contractor’s employees, agents, officials or volunteers or anyone for whose acts the Contractor may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. This obligation to indemnify, defend and hold Board of Education of St. Mary’s County, its elected and appointed officials, agents, employees, and authorized volunteers harmless shall survive the termination of this Agreement.

H. COMPLIANCE WITH LAWS

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The Contractor hereby represents and warrants that:

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

b. 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;

c. It shall comply with all federal, state and local laws, regulations and ordinances applicable to its activities and obligations under this contract; and

d. 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.

I. MARYLAND SEX OFFENDER LAW

Maryland Law requires certain child sex offenders to register with the State and with the local law enforcement agency in the county in which they will reside, work and/or attend school. Section 11-

722(c) of the Criminal Procedure Article of the Annotated Code of Maryland states that “[a] person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant.” Section 11-722(d) provides that “a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both.” If a registered sex offender, as determined by the definition contained in the Criminal Procedures Article of the Annotated Code of

Maryland, is employed by the Contractor, then the Contractor is prohibited from assigning that employee to perform management, delivery, installation, repair, construction, or any type of services on any Board property. Violation of this provision may result in Termination for Cause.

It shall be the responsibility of all Contractors submitting a bid or offer to SMCPS to comply with this provision. If a Contractor is found to have violated this provision subsequent to an award by SMCPS, the

Contract may be immediately terminated at SMCPS’ sole option, and that Contractor may be liable to

SMCPS for all re-procurement cost and may be debarred from bidding future SMCPS requirements.

J. CHILD SEXUAL ABUSE/SEXUAL MISCONDUCT EMPLOYMENT HISTORY REVIEW

If the Contractor’s employees will have “direct contact with minors” while providing the services called for under this Contract, Contractor acknowledges that it is a “contracting agency” for purposes of, and hereby certifies that it will fully comply with Section 6-113.2 of the Education Article of the Maryland Annotated Code (SB 541/HB 486-2019 Legislative Session), including, but not limited to the following requirements:

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• Contractor shall conduct the required child sexual abuse/sexual misconduct employment history review, either at the time any employee is initially hired by the Contractor, or before they are assigned to work at SMCPS.

• Contractor shall maintain a record of the employment history review for any employee who is assigned to work at SMCPS.

• Contractor shall provide access to the record of the employment history review for any employee who is assigned to work at SMCPS upon request by SMCPS.

• If the Contractor receives any affirmative child sexual abuse/sexual misconduct-related responses from any employee’s current or former employers, the Contractor shall obtain SMCPS’ approval before assigning the employee to work at SMCPS; and

• Contractor may not assign any employee to work at SMCPS if SMCPS objects after receiving the foregoing notice.

As defined in Section 6-113.2 of the Education Article, “direct contact with minors” means the possibility of care, supervision, guidance or control of a minor or routine interaction with a minor.

K. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

SMCPS is in compliance with Executive Order 11246 entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41CFR part 60). The successful Contractor must also be in compliance with the Order as amended and supplemented.

SMCPS does not discriminate on the basis of race, color, religion, national origin, sex, age or disability in its programs, activities or employment practices. All Contractors shall affirm that they do not discriminate with regard to individual political affiliation, religious beliefs, race, creed, national origin, sex, age or handicap in employment practices by so stating in the response to the bid.

L. eMARYLAND MARKETPLACE ADVANTAGE (eMMA)

Maryland State Law requires SMCPS to publish notices of procurements and procurement awards on eMaryland Marketplace Advantage (eMMA). The requirement extends only to contracts procured through competitive sealed bidding, competitive sealed proposals and noncompetitive negotiations, and to procurements whose value equals or exceeds that for State contracts that must be published on eMMA. Vendors are encouraged to register as a Vendor with eMMA at www.procurement.maryland.gov. The awarded Vendors must be registered with eMMA following notice of award. If you require assistance, contact the help desk at eMMA.helpdesk@maryland.gov.

M. MINORITY BUSINESS ENTERPRISES

Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice. Contractors who provide material, supplies, equipment and/or services under this Contract are encouraged to subcontract with Minority Business Enterprises.

N. PREPARATION AND SUBMISSION OF BIDS

Responsive bids shall be made in the formats set forth in this bid document and on the Contractor’s

Statement of Experience (Attachment 1) Bid Submission Signature Form (Attachment 2), Business

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Relationship Affidavit (Attachment 3a and 3b), Specifications, Pricing and Delivery Information Sheet

(Attachment 4), References (Attachment 5), List of Contractors (Attachment 8) and Addenda, with all required supplementary documentation. Spaces left blank on Attachment 4 shall be deemed by SMCPS, in its sole discretion, to be not applicable or "no bid". All bids must be submitted electronically using the eMaryland Marketplace Advantage website. Bids shall not be withdrawn or altered for a period of ninety (90) days after the bid opening date.

O. ADDENDA TO THE ITB

If it becomes necessary to revise any part of the ITB, addenda will be issued. All bidders shall be responsible for acquiring addenda by contacting the SMCPS Purchasing Office or by downloading the addendum from procurement.maryland.gov. All addenda shall become a part of the Contract. Each bidder must acknowledge receipt of addenda. Acknowledgement shall consist of returning a signed copy of all addenda cover sheets as part of the bid submission by the stated date and time. All addenda responses must be received by the bid opening date.

P. BASIS OF PRICING

Attachment 4, Specifications, Pricing and Delivery Information Sheet outlines the specifications of services required. Please fill in the related prices. The prices submitted shall include all costs related to performing the services described in this bid. No other charges or fees will be accepted. The successful

Bidders/Contractors will be required to provide #2 Distillate Heating Oil as specified in the bid. All invoices must contain descriptive information as submitted in this bid.

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

Q. CANCELLATION OR REJECTION OF BIDS, AND WAIVER OF NONCONFORMITIES

SMCPS reserves the right, in the exercise of its sole discretion, to cancel this bid or reject all bids. SMCPS will notify all interested Contractors in writing in the event of such cancellation or rejection. SMCPS also reserves the right to waive any minor irregularity or nonconformity of any bid response to this ITB.

R. MODIFICATIONS/WITHDRAWAL OF BIDS

A Contractor may modify or withdraw a bid at any time prior to the bids due date and time. All modifications or withdrawals must be in writing, and must be executed by a person with authority to bind the Contractor.

S. DISCRETION IN DETERMINING DEVIATIONS AND COMPLIANCE

The Procurement Coordinator shall determine whether Contractors have met the mandatory requirements of this bid. The Procurement Coordinator has the sole authority to determine whether any deviation from the requirements of this bid is material in nature, and the Procurement Coordinator may reject non-conforming bids. In addition, the Procurement Coordinator may reject in whole or in part any and all bids and waive minor irregularities and may negotiate with all responsible Contractors in any manner deemed necessary to serve the best interests of the SMCPS.

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T. MATERIALS SUBMITTED IN RESPONSE TO THIS BID

Any/all materials submitted in response to this ITB become the property of SMCPS. Any information considered to be proprietary or confidential should be so marked.

U. EXCEPTIONS

It shall be the responsibility of the Contractor to include with their bid a list and clarification of any deviations or qualifications from conditions and specifications. The list must be attached to the Bid

Submission Signature Form (Attachment 1).

V. NO BID

If the Contractor elects to “No Bid” this ITB, a no bid should be filed with the SMCPS Purchasing Office

(see form provided, Attachment 7).

W. EVALUATION OF BIDS

Bids will be evaluated based on a complete response, which shall include acknowledgement of all

Addenda (if any issued); and all required attachments:

• Contractor’s Statement of Experience (Attachment 1)

• Bid Submission Form (Attachment 2);

• Business Relationship Affidavit, and Certification of Compliance with Maryland Sex Offender

Law including Contractors Response Form (Attachment 3A and 3B);

• Specifications, Pricing and Delivery Information Sheet (Attachment 4);

• Professional References (Attachment 5);

• Minority Business Enterprise Utilization Affidavit (Attachment 6);

• List of Subcontractors (Attachment 8)

X. AWARD OR REJECTION OF BIDS

Award will be made to the lowest responsive and responsible bidder complying with all terms and conditions contained herein. SMCPS reserves the right to award the requirements of this bid in total or in part as is determines to be in the best interest of SMCPS. SMCPS reserves the right to make multiple awards.

SMCPS reserves the right to reject the bid of a Contractor who has, in the opinion of SMCPS, previously failed to perform properly on contracts of a similar nature, or the bid of a Contractor whom investigation shows is not in a position to fulfill the awarded contract.

Y. TIE BIDS

In the event of tie bids, where all other factors such as past performance on purchases/Contracts or

Contractor service and delivery record are considered comparable, the award(s) shall be made to one of the tie bidders in the following order of preference: the St. Mary’s County based Minority and/or

Small Business Contractor, the St. Mary’s County based Contractor, the out-of-county but Maryland

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based Minority and/or Small Business Contractor, the out of county but Maryland based business, the out-of-state based Minority and/or Small Business Contractor and the out-of-state based Contractor in that order of preference. In the event a tie bid still exists, the Procurement Coordinator or their designee shall conduct a coin toss for selection of the potential Award Bidder(s) or see a geographical, proportional or divided award of Contract whichever is in the best interest of the school system.

Z. CHANGES

Change Orders: SMCPS may order changes in the contract consisting of additions, deletions, or modifications, the contract sum and the time for performance being adjusted accordingly. Such changes in the contract shall be authorized only by written Change Order issued by SMCPS. The contract sum and the time for performance shall be changed only by Change Order signed by SMCPS.

Ordering Option: When an ITB specifies a fixed quantity of Goods, the Contractor agrees to provide additional quantities in excess of those stated in the ITB at the same unit prices stated in the

Contractor’s Bid for a period of thirty (30) days after the Contract Award. The amount of any such additional quantities shall be added to the contract sum by Change Order.

AA. RIDER CLAUSE

Contractor is advised that in the awarded contract may be extended, with the authorization of the

Contractor, to all State, county, local agencies, colleges and school districts in the State of Maryland.

The Contractor must deal directly with each jurisdiction concerning, issuance of purchase orders, contractual disputes, invoicing and payment. SMCPS assumes no obligation on behalf of any of these organizations. Failure to extend a contract to any listed or unlisted jurisdiction will have no effect on the consideration of your bid response.

BB. ERRORS IN BIDS/INTERPRETATION

Contractors or their authorized representatives are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting bids. Failure to do so will be at the

Contractor’s own risk. Should any Contractor be in doubt as to the meaning of the specifications, or should he/she find any discrepancy or omission, he/she shall notify the Procurement Coordinator. All bidders will then be notified, in writing, of clarification or additional information by means of addenda.

If the bidder has made an error, the bidder may request in writing, to have his/her bid withdrawn.

Approval of a bidder's request is not automatic and may be given only by the Procurement Coordinator and/or the Board. Requests for withdrawal can be denied, unless the bidder proves to the satisfaction of the Procurement Coordinator and/or the Board that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the Contractor's business. Neither law nor regulations make allowance for errors either of omission or commission on the part of the

Contractor. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

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V. Insurance Requirements

1 – GENERAL INSURANCE REQUIREMENTS

1.1 - The Contractor shall not commence any supply, delivery or installation of any products or materials purchased by the Board of St. Mary’s County Public Schools (the Board) under this Contract until the

Contractor has obtained at the Contractor's own expense all of the insurance as required hereunder and such insurance has been approved by the Board; nor shall the Contractor allow any Subcontractor to commence work on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Board of original certificates of insurance signed by authorized representatives of the insurers or, at the Board’s request, certified copies of the required insurance policies.

1.2 - Insurance as required hereunder shall be in force throughout the term of the Contract and, in accordance with 2.1.1.iii., for two years after final payment by the Board under this Contract. Original certificates signed by authorized representatives of the insurers or, at SMCPS’ request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the SMCPS

Purchasing Office throughout the term of the Contract and for two years after final payment by the Board under this Contract.

1.3 - The Contractor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, workers’ compensation and employers’ liability insurance to the same extent required of the Contractor in 2.1.1, 2.1.2 and 2.1.3 unless any such requirement is expressly waived or amended by the Board in writing. If any Subcontractor is storing, transporting, and/or delivering the products or materials purchased by the Board under this

Contract, the Contractor shall require such Subcontractor(s) to maintain during the term of the Contract transportation (cargo) insurance and employee dishonesty insurance to the same extent required of the

Contractor in 3.1 and 3.2. The Contractor shall furnish Subcontractors' certificates of insurance to the

SMCPS Purchasing Office immediately upon request.

1.4 - All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation or non-renewal until forty-five (45) days prior written notice has been given to the Board.

1.5 - No acceptance and/or approval of any insurance by the Board shall be construed as relieving or excusing the Contractor from any liability or obligation imposed upon the Contractor by the provisions of this Contract.

1.6 - If the Contractor does not meet the insurance requirements of this Contract, the Contractor shall forward a written request to the SMCPS Purchasing Office for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the Board denies the request, the Contractor must comply with the insurance requirements as specified in this Contract.

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1.7 - All required insurance coverages must be underwritten by insurers allowed to do business in the

State of Maryland and acceptable to the Board. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A. M. Best Company, unless the Board grants specific approval for an exception.

1.8 - Any deductibles or retentions in excess of $10,000 shall be disclosed by the Contractor, and are subject to the Board’s written approval. Any deductible or retention amounts elected by the Contractor or imposed by the Contractor's insurer(s) shall be the sole responsibility of the Contractor.

1.9 - Any and all return premiums and/or dividends for insurance or coverage directly charged to the

Board by the Contractor in connection with this Contract shall belong to and be payable to the Board.

1.10 - If the Boad is damaged by the failure or neglect of the Contractor to purchase and maintain insurance as described and required herein, without so notifying the Board, then the Contractor shall bear all reasonable costs properly attributable thereto.

2 – CONTRACTOR’S LIABILITY INSURANCE

2.1 - The Contractor shall purchase and maintain the following insurance coverages at not less than the limits specified below or required by law, whichever is greater:

2.1.1 - Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use, with minimum limits of:

$ 1,000,000 each occurrence;

$ 1,000,000 personal and advertising injury;

$ 2,000,000 general aggregate; and

$ 2,000,000 products/completed operations aggregate.

This insurance shall include coverage for all of the following:

i. Liability arising from premises and operations;

ii. Liability arising from the actions of independent contractors;

iii. Liability arising from products and completed operations with such coverage to be maintained for two years after final payment by SMCPS under this Contract; and

iv. Contractual liability including protection for the Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract.

2.1.2 - Business auto liability insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following:

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i. Liability arising out of the ownership, maintenance or use of any auto (if no owned autos, then hired and non-owned autos only); and

ii. Automobile contractual liability.

2.1.3 - If the Contractor has any employees, workers’ compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard "other states" coverage;

employers’ liability insurance or its equivalent with minimum limits of:

$ 500,000 each accident for bodily injury by accident;

$ 500,000 each employee for bodily injury by disease; and

$ 500,000 policy limit for bodily injury by disease.

2.1.4 - If the Contractor is an individual or sole proprietor operating without workers’ compensation coverage, personal health insurance or its equivalent.

2.1.5 - Umbrella excess liability or excess liability insurance or its equivalent with minimum limits of:

$ 1,000,000 per occurrence;

$ 1,000,000 aggregate for other than products/completed operations and auto liability; and

$ 1,000,000 products/completed operations aggregate and including all of the following coverages on the applicable schedule of underlying insurance:

i. Commercial general liability;

ii. Business auto liability; and

iii. Employer’s liability.

2.1.6 - The Board of Education of St. Mary’s County and its elected and appointed officials, officers, employees and authorized volunteers shall be named as additional insureds on the Contractor's commercial general liability insurance and umbrella excess or excess liability insurance policies with respect to liability caused, in whole or in part, by the Contractor’s acts or omissions or the acts or omissions of those acting on the Contractor’s behalf. The following wording must be incorporated into the Contractor’s insurance policy certificate:

“The Board of Education of St. Mary’s County and its elected and appointed officials, officers, employees and authorized volunteers are named as additional insureds with respect to liability arising out of the supply, delivery or installation of any products or materials or other services provided by the Named

Insured under Contract ITB #SMCPS-2023-LES-001.”

2.1.7 - Insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers under any Contractor's liability insurance or self-insurance required herein, including, but not limited to, umbrella and excess liability or excess liability policies, shall apply

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separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or self-insurance. (Any cross suits or cross liability exclusion shall be deleted from Contractor's liability insurance policies required herein.)

2.1.8 - Insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the Board and its elected and appointed officials, officers, employees and authorized volunteers shall be excess of and non-contributory with insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers as specified herein.

2.2 - If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the

Contractor must comply with the following additional conditions:

i. The Contractor shall agree to provide certificates of insurance evidencing the above coverages for a period of two years after final payment by SMCPS under this Contract. Such certificates shall evidence a retroactive date no later than the inception date of this Contract; or

ii. The Contractor shall purchase an extended (minimum two years) reporting period endorsement for each such "claims made" policy in force as of the expiration or termination date of this

Contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself. Such certificate or copy of the endorsement shall evidence a retroactive date no later than the inception date of this Contract.

3 – CONTRACTOR’S PROPERTY INSURANCE

Note: The following is not required if ownership of the property transfers to SMCPS when products or materials are delivered to the Board or are otherwise placed in the Board’s care, custody or control.

3.1 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall purchase and maintain transportation (cargo) insurance on incoming goods in its care, custody or control, while such property is being loaded, is in transit, is being unloaded and until such time property is set at its final destination. Such insurance shall value incoming goods in transit at the amount of the selling invoice plus prepaid or advanced freight charges. Property not under invoice shall be valued at the cost to repair or replace the lost or damaged incoming goods. Such insurance shall be written at per conveyance and per occurrence limits equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this Contract or at other limits acceptable to the Board.

3.2 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall purchase and maintain blanket employee dishonesty insurance, which shall pay for loss of the products or materials purchased by the Board under this Contract

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when caused by the dishonest acts of the Contractor’s (or Subcontractor's) employees, at a limit equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this

Contract or at another limit acceptable to the Board.

3.3 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall be responsible for payment of any deductibles applicable under this transportation insurance, employee dishonesty insurance or other property insurance applicable to the incoming goods.

4 - WAIVER OF 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 Board of Education of St. Mary’s County and its elected and appointed officials, officers, volunteers, agents and employees for any and all claims, liability, loss, damage, costs or expense (including attorneys’ fees) arising out of the supply, delivery or

Installation of any products or materials provided by Contractor under this Contract. The Contractor shall advise its insurers of the foregoing.

5 - ACKNOWLEDGMENT OF CONTRACTOR’S INDEPENDENT CONTRACTOR STATUS AND NO COVERAGE FOR

CONTRACTOR UNDER BOARD’S WORKERS’ COMPENSATION COVERAGE

Contractor hereby acknowledges its status as an independent contractor while supplying, delivering or installing products or materials on behalf on the Board and that the Board’s workers’ compensation insurance, group self-insurance coverage or individual self-insurance is not intended to and will not respond to cover any medical or indemnity loss arising out of injury to the Contractor or its employees during the

Contractor’s provision of goods or services to the Board.

6 - DAMAGE TO PROPERTY OF THE CONTRACTOR AND ITS INVITEES

To the fullest extent permitted by law, the Contractor shall be solely responsible for any loss or damage to property of the Contractor or its invitees, employees, officials, volunteers, agents and representatives while such property is on, at or adjacent to the premises of the Board.

VI. Specifications

A. GENERAL INFORMATION

The Board of Education of St. Mary’s County on behalf of St. Mary’s County Public Schools (SMCPS) is requesting sealed bids from experienced and qualified Suppliers to supply and deliver #2 distillate heating oil to Leonardtown Elementary School (22885 Duke Street, Leonardtown Maryland 20650). This school has an underground heating oil tank with a capacity of 3,000 gallons and will typically require deliveries on a

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weekly basis. Deliveries will be made on a will-call basis. The average annual fuel consumption at this location is approximately 11,300 gallons but fuel purchases may vary depending on factors such as average temperature during heating season. SMCPS does not guarantee any minimum or maximum purchase quantity.

The intent of these specifications is to provide complete information for all services required by Contractor if awarded a Contract for this bid opportunity. The Contractor shall identify any omissions, errors, conflicts, or discrepancies in the specifications and the Contractor shall immediately notify the SMCPS Procurement

Coordinator in writing. Failure to provide such information may be cause for rejection from further consideration.

All Contractors shall comply with applicable Federal, State, and County Laws and Regulations. Contractors and/or their authorized representatives are encouraged to carefully read all of the pages of the bid document to fully inform themselves as to the terms, conditions, requirements, and specifications before submitting bids; failure to do so will be at the Contractor’s own risk and the Contractor cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of the bidders.

SMCPS reserves the right to reject any or all bids and to award to other than the low bidder if deemed in the best interest of SMCPS.

B. DELIVERY

With the exception of emergencies, deliveries shall be made during normal working hours at each site, Monday through Friday. In the event the Contractor cannot deliver fuel within the specified time parameters, the using agencies shall have the right to purchase fuel from another supplier. Any additional costs incurred by the using agencies as a result of the failure of the Contractor to deliver within the specified time period shall be reimbursed by the Contractor.

The following procedures must be complete for EVERY delivery of heating oil at Leonardtown Elementary School, as required by the Maryland Department of the Environment:

1. Any delivery to the UST system will be performed under the constant, on-site observation of an SMCPS building service staff. The Contractor’s driver must contact SMCPS 30 minutes prior to arriving on site so that an employee can be at the facility to observe the delivery.

2. Before offloading the fuel, the UST will be gauged and the fuel level recorded on an approved SMCPS Fuel Oil Delivery Observation Record form.

3. Before offloading the fuel, the remaining volume the UST system can hold will be determined and recorded.

4. The fuel will be offloaded at a 'slow-flow' rate for the entirety of the delivery.

5. Upon completion of the delivery, the level of fuel in the UST system will be gauged and recorded on an approved SMCPS Fuel Oil Delivery Observation Record form.

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C. BIDDER QUALIFICATIONS

All Bidders submitting bids shall have a minimum of five (5) years of experience, licensed to do business in the State of Maryland for the supply and delivery of the products in this bid. Must regularly sell and deliver the products in this bid and have suitable modern equipment and manpower to perform all the requirements in accordance with the requirements of this ITB. The successful Bidder shall be responsive and responsible based on past performance of similar contract. SMCPS shall be the sole judge in determining whether or not a Bidder meets these criteria.

Bidders shall submit with their bids evidence that demonstrates they have the material, equipment and manpower to satisfactorily service the Southern Maryland region. This documentation should include, at a minimum, the name and location of any subcontractor haulers [see Attachment 8], and a listing of at least three (3) references for existing fuel accounts [see Attachment 5], particularly any existing accounts in the Southern Maryland region. All references should include a contact name and telephone number.

D. FUEL QUALIFICATIONS

All fuels shall meet anti-pollution requirements as outlined in “Regulations Governing the Control of Air

Pollution in Area III” of the Maryland State Health Department as well as all other standards and requirements mandated by Federal and State of Maryland statutes.

No Contractor may, without specific authorization, substitute a fuel of either a higher or a lower grade than that specified for each point of delivery.

If, for any reason, the fuel delivered to any of the sites is found unsuitable in grade, the Contractor, upon notification, shall remove it at once and replace it with a suitable grade at no cost to the SMCPC.

E. NO. 2 HEATING FUEL OIL

All fuel oil shall meet anti-pollution requirements as outlined in “Regulations Governing the Control of Air

Pollution in area III” of the Maryland State Health Department.

All fuel oil delivered shall be homogeneous products consisting of hydrocarbon oil free from grit, acid and fibrous or other foreign materials likely to clog or injure burners or valves and shall meet all local, state, federal, and other regulatory agencies’ minimum requirements for Sulphur content.

All fuel oil must comply with the requirements as specified in Commercial Standard CS 12-48 developed by the trade under procedure of the National Bureau of Standards and issued by the United States Department of Commerce.

No Contractor may, without specific written authorization, substitute a fuel oil of either a higher or lower grade than that specified for each delivery point.

If, for any reason, the oil delivered to any of the sites is found to be unsuitable in grade for heating plants, the Contractor, upon written notification, shall remove it at once and replace it with a suitable grade.

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F. BIDS

Bidders are requested to submit bids for the supply and delivery of heating oil by offering pricing based on one, two or both of the following options:

1) Fixed price per gallon

2) An escalator/de-escalator differential price for delivery. Total per gallon price will be calculated based on escalator/de-escalator differential price plus the official Oil Price Information Service

(OPIS) List at the Baltimore, Maryland terminal. The price for each product for any given week shall be based on the brand rack average published price from Thursday of the prior week (as provided below this paragraph), plus the differential (Thursday’s falling on an official holiday during the

Contract term will have the prior Wednesday OPIS pricing submitted). The awarded Contractor will be required to furnish documentation to each participating jurisdiction on a weekly basis to include the official OPIS price for each product, the differential to be added and the final delivered price.

This required documentation must be delivered via e-mail to SMCPS on the following Monday of the OPIS pricing. The contact and email address will be supplied to the awarded contractor at the time of Contract award.

If a product or index becomes unavailable during the Contract Period of Performance, SMCPS and the Contractor shall mutually agree on a temporary or permanent replacement product or index within five (5) business days. The escalator/de-escalator differential price used in calculating

SMCPS’s price shall remain unchanged for the replacement product or index.

OPIS header used for #2 Distillate Heating Fuel as stated in the solicitation:

OPIS NEWSLETTER PRICES – BALTIMORE, MD

Vol xx, No. xx Issued xx-xx-xx for prices confirmed through xx-xx-xxxx

**OPIS GROSS LOW SULFUR HEATING OIL

DISTILLATE NO. 2**

OPIS GULF COAST DELIVERED SPOT (SRI) RACK AVG

Note: ‘BRD Rack Avg’ is defined to mean Branded Rack Average

Bidders may offer pricing for option 1, option 2, or both. Bidders are not required to offer pricing for both options. SMCPS reserves the right to award this contract as is determined to be in the best interest of

SMCPS.

G. DAMAGE, SPILLAGE, AND STICK READINGS

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In accordance with the above, the delivery driver must gauge the tanks before filling to prevent overflowing.

The underground storage tank at Leonardtown Elementary School is gauged using an electronic monitoring system.

Tank readings before and after delivery must be indicated on delivery ticket.

The Contractor shall be solely responsible for damages sustained to adjoining or adjacent property owners caused by delivery trucks, operation personnel or spillage.

All precautions necessary to ensure a clean delivery shall be taken by the driver of the delivery vehicle. The responsibility for damage, spillage or cross contamination occurring during the delivery of fuel shall rest with the Contractor.

If the Contractor fails to remedy any such damage within a reasonable length of time, the locality will provide necessary labor and materials to repair same and charge this to the Contractor. No such action will be taken without first notifying the Contractor and giving them a reasonable time to reply. SMCPS will be entitled to deduct the cost of any repairs or clean up from the monies due the Contractor. It will be the responsibility of the Contractor to notify the owner and the proper regulatory agencies and take immediate containment measures in the event of a spill.

H. INVOICING

For each delivery made, an individual invoice shall be prepared. All invoices must be accompanied by signed proof of delivery. Delivery tickets must be metered. Invoices may be submitted individually, or they may be compiled monthly. In either case, a monthly statement shall be submitted for purposes of reconciliation and invoice processing. Payment Terms shall be Net 30 Days. Billing shall be on the gross amount of product delivered, without adjustments for temperature. Discounts for early payment may be offered but will not be considered as a basis of award.

I. TESTING

SMCPS reserves the right to sample a quantity of the fuel from any delivery at any delivery location.