RFQ - Fuel Oil Tank Service, Repairs and Installations.pdf

ST. MARY’S COUNTY PUBLIC SCHOOLS

Division of Supporting Services

DEPARTMENT OF MAINTENANCE

27190 Point Lookout Rd.

LEONARDTOWN, MD 20650-0641

301-475-4256

REQUEST FOR QUOTES (RFQ)

Quote Title: Fuel Tank System Service, Repairs and Installations

RFQ Number: SMCPS-2025-M-FTS

RFQ Due Date/Time: June 7, 2024 at 2:00 pm

Term: One Year w/SMCPS option to renew for four (4) additional one-year periods not to exceed $99,999.00

Work Completion: 30 calendar days from the issuance date of the Purchase Order

Return Quotes via: Email: mburroughs@smcps.org or Fax to: 301-475-4255

(Choose one) Attn: Mary Burroughs, Fiscal Secretary to the Director of Maintenance

Refer all questions with regard to this RFQ in writing to mburroughs@smcps.org no later than May 21, 2024 by

2:00 pm.

ALL QUOTES MUST BE COMPLETED AND RETURNED ON THIS RFQ FORM TO BE CONSIDERED

St. Mary’s County Public Schools (SMCPS) is requesting price quotes from qualified vendors for the material, service, tools, delivery, and labor required to provide fuel system service, repairs and installations. See additional specifications below.

● Service to Include but not limited to:

o Cleaning of the fuel tanks and associated piping o Pneumatic and Veeder-Root tank monitoring systems o Fuel polishing to remove any water, sludge, rust and microbial contamination o Provide cleaning of UST/AST fuel storage tank(s) to include the purification of the fuel contained within the tanks to the respective ASTM fuel quality standards.

o Controls performance testing o Inspection of spill and removal of any standing waste, as needed

● Repairs to Include bucket but not limited to:

o Tank and apparatus compliance upgrades and repairs o Removal and disposal of UST/AST fuel storage tank(s) o Spill response and spill clean up

● Installation to Include but not limited to:

o Design, consultation and project layout o Selective demolition o Installation of UST/AST fuel oil tank(s), fuel piping and accessories o Electrical work associated with the fuel oil tank installation o Controls work associated with the fuel oil tank installation o Plumbing and piping work associated with the fuel oil tank installation o Concrete work associated with the fuel oil tank installation o Excavation, trenching and backfill o Cutting, patching and site restoration of work

● Acquire or possess appropriate permits to perform this work mailto:mburroughs@smcps.org

● A Maryland certified Underground Storage System Technician in compliance with COMAR

26.1006 is required

● The Contractor must meet all federal EPA, OSHA and MDE guidelines in the performance of work and proper handling and disposal of waste and/or contaminated materials. SMCPS will not receive any materials, products or chemicals.

● Any and all work performed must meet all federal EPA, OSHA and MDE guidelines.

● A site visit is not required but can be arranged 24 hours in advance by contacting the Department of

Maintenance at 301-475-4256 ext. 34106.

● Keep all areas safe and secured (i.e. manholes, tops, gates, lids, etc.) All areas must be secured before leaving any site.

● Report any problems with tanks or access to the Department of Maintenance at 301-475-4256 extension 34106.

● Upon completion of the inspection, a complete report detailing repairs that are required and repair recommendations will be left on the premises. These will be identified as either a functional or safety issue. For each deficiency found, the Vendor will provide a quote to correct the deficiency within 30 calendar days.

● All projects will be invoiced separately within 30 days of job completion.

Work will be scheduled with SMCPS, Department of Maintenance, and performed between the hours of 6:30 a.m.

until 3:00 p.m., Monday through Fridays except when “all schools and offices closed” as indicated on the SMCPS operational calendar. The SMCPS’ calendar and school closing updates are available for view at www.smcps.org.

• Upon completion of the inspection, a complete report detailing repairs that are required and repair recommendations will be left on the premises. These will be identified as either a functional or safety issue. For each deficiency found, vendor will provide a quote to correct the deficiency within 30 calendar days.

• A site visit is not required but can be arranged 24 hours in advance by contacting the Department of Department of Maintenance at 301-475-4256

• Vendor will provide a signed W9 with quote.

• No Vendor will be allowed to offer more than one price for each item or service even though the

Vendor may feel that they have two or more choices that meet specifications. Vendors must determine for themselves which to offer. If the Vendor should submit more than one price on any item or service, all prices for that item or service will be rejected.

• The resulting contract shall be awarded for a period of one (1) year with SMCPS having the option to extend the contract for four (4) additional one (1) year periods (confirm contract period, include here). SMCPS reserves the right to cancel the contract, at its discretion, for any reason.

• General terms and conditions are attached.

http://www.smcps.org/

Pricing Sheet

RFQ-SMCPS-2025-M-FTS

DESCRIPTION UNITS/COMMENTS PRICING

Mobilization Flat Rate $

Fuel Technician Onsite Labor Hourly Rate, Business Hours

Business Hours

6:30 AM - 3:00 PM

Monday-Friday

Fuel Technician Onsite Labor Hourly Rate, After

Hours

After Hours

3:01 PM - After

Fuel Technician Onsite Labor Hourly Rate, Weekends/Holidays

Weekends and Holidays

All Day

Saturday-Sunday, Holidays

Fuel Technician Onsite Labor Hourly Rate

Emergencies

Hourly $

Fuel Assistant Technician Onsite Labor Hourly

Rate, Business Hours

Business Hours

6:30 AM - 3:00 PM

Rate, After Hours

After Hours

3:01 PM - After

Rate, Weekends/Holidays

Weekends and Holidays

All Day

Saturday-Sunday, Holidays

Fuel Assistant Technician Onsite Labor Hourly Rate

Emergencies

Hourly $

Parts and Material Mark-up % $

Heavy Equipment Mark-up % $

Subcontractor Mark-up % $

Waste/Fuel Water Disposal of over 100 Gallons Gallon $

Environmental Disposal Each $

3,000 Gallon Tank Dialysis Cleaning Service Each $

4,000 Gallon Tank Dialysis Cleaning Service Each $

5,000 Gallon Tank Dialysis Cleaning Service Each $

6,000 Gallon Tank Dialysis Cleaning Service Each $

8,000 Gallon Tank Dialysis Cleaning Service Each $

10,000 Gallon Tank Dialysis Cleaning Service Each $

12,000 Gallon Tank Dialysis Cleaning Service Each $

15,000 Gallon Tank Dialysis Cleaning Service Each $

20,000 Gallon Tank Dialysis Cleaning Service Each $

Fuel Polishing LS $

Vendor Name (Print): Date:

Address:

City, State, Zip Code:

E-mail Address:

Telephone Number: Fax No.:

Authorized Signature: Print or Type Name:

ATTACHMENT 1

TANK LOCATIONS

MDE LINK: https://mes-mde.mde.state.md.us/FacilitySummary/default.aspx

In order to obtain the tank data, you may view each site report by simply clicking on the link above, type in the Facility ID and click the SEARCH button.

LOCATION ADDRESS TANK

LOCATION

TANK SIZE

GALLONS

Benjamin Banneker Early

Childhood Center

27110 Point Lookout Rd

Loveville, MD 20656

UST 5,000

Benjamin Banneker Elementary 27180 Point Lookout Rd

Loveville, MD 20656

UST 8,000

Captain Walter Francis Duke

Elementary

23595 Hayden Farm Rd

Leonardtown, MD 20650

UST 10,000

Chopticon High 25390 Colton Point Rd

Morganza, MD 20660

UST 15,000

Division of Supporting Services 27190 Point Lookout Rd

Loveville, MD 20656

UST 4,000

Dr. James A. Forest Career

Technology Center

24005 Point Lookout Rd

Leonardtown, MD 20650

UST 15,000

Dynard Elementary 23510 Bushwood Rd

Chaptico, MD 20621

UST 10,000

Green Holly Elementary Side A 46060 Millstone Landing Rd

Lexington Park, MD 20653

UST 10,000

Green Holly Elementary Side B 46060 Millstone Landing Rd

Lexington Park, MD 20653

UST 10,000

Hollywood Elementary 44345 Joy Chapel Rd

Hollywood, MD 20636

UST 10,000

Leonardtown Elementary 22885 Duke Street

Leonardtown, MD 20650

UST 3,000

Leonardtown High 23995 Point Lookout Rd

Leonardtown, MD 20650

UST 20,000

Leonardtown Middle 24015 Point Lookout Rd

Leonardtown, MD 20650

UST 10,000

Lettie Marshall Dent

Elementary

37840 New Market Turner Rd

Mechanicsville, MD 20659

UST 10,000

Margaret Brent Middle 29675 Point Lookout Rd UST 10,000 https://mes-mde.mde.state.md.us/FacilitySummary/default.aspx

Mechanicsville, MD 20659

Mechanicsville Elementary 28585 Three Notch Rd

Mechanicsville, MD 20659

UST 12,000

Oakville Elementary 26410 Three Notch Rd

Mechanicsville, MD 20659

AST 10,000

Park Hall Elementary 20343 Hermanville Rd

Park Hall, MD 20667

UST 10,000

Piney Point Elementary 44550 Tall Timbers Rd

Tall Timbers, MD 20690

UST 8,000

Ridge Elementary 49430 Airedele Rd

Ridge, MD 20680

UST 8,000

Spring Ridge Middle 19856 Three Notch Rd

Lexington Park, MD 20653

UST 10,000

Town Creek Elementary 45805 Dent Dr

Lexington Park, MD 20653

UST 6,000

White Marsh Elementary 29090 Thompson Corner Rd

Mechanicsville, MD 20659

UST 4,000

REQUEST FOR QUOTES GENERAL TERMS AND CONDITIONS

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.

REPAIRS TO DAMAGED PROPERTY

Any damage to SMCPS’ facilities caused by the Contractor, its agents or employees shall be repaired to its original condition. All repairs shall be performed at no cost to the SMCPS.

TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

SMCPS maintains a tobacco and alcohol/drug free environment. The Contractor shall not permit its employees, the employees of any subcontractors, suppliers, customers or others to use tobacco products

(smoke or smokeless) on the premises or on property owned or operated by SMCPS.

CHANGES

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.

CONTRACT AWARD

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.

PERIOD OF THE CONTRACT

The initial contract period will be for one (1) year with SMCPS having the option to renew for four (4) additional one (1) year periods. However, SMCPS reserves the right to cancel the contract, at its discretion, for any reason. Performance will be reviewed on an annual basis by the Director of Maintenance. It is the intent of SMCPS that should a bid be accepted and awarded, the bid documents, bid response, notice of award, and subsequent purchase orders will become the contract. Automatic contract renewals are prohibited. The SMCPS Director of Maintenance shall initiate contract renewals. The cost for unit price items shall remain firm and fixed for the first year. Subsequent annual contract renewal price increases shall be limited to the Consumer Price Index-Urban (CPI-U), for the Washington D.C. metropolitan area.

The Contractor must request CPI-U price adjustments in writing to the Director of Maintenance.

Option Periods: If the Contract Documents include one or more option periods, any Contract renewals shall be authorized by a renewal notice signed by the Procurement Officer. The contract sum in the option period(s) will be based on firm fixed prices used in the first year contract. Unless otherwise mutually agreed, in writing, changes in the Contract Sum for subsequent yearly contract renewals shall remain the same.

ASSIGNMENT

The 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 Contract.

COMPLIANCE WITH LAWS

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.

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.

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 shall 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:

• 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.

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.

SUBCONTRACTORS

A Subcontractor is a person or entity that has a direct contract with the Contractor to perform any of the

Work at a SMCPS site.

Within ten (10) days after the Notice of Award, the Contractor shall submit to SMCPS the names of those

Subcontractors the Contractor proposes to use, for acceptance by SMCPS. SMCPS reserves the right to accept or reject the use of any Subcontractor. The Contractor shall not employ any Subcontractor to whom SMCPS may have a reasonable objection. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. Contracts between the Contractor and the

Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the

Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Vendor, by these Documents, assumes towards SMCPS, and (2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.

Contractor shall provide, upon request, a copy of all contracts executed between the Contractor and his

Subcontractors/ Suppliers.

CONTRACTOR’S INVOICE

The contractor shall submit an original and one (1) copy of their invoice upon completion to:

St. Mary’s County Public Schools

Accounts Payable

23160 Moakley Street

Leonardtown, MD 20650 or email to: accountspayable@smcps.org

Invoices shall contain the minimum information as follows:

a. Name of Contractor

b. Contract Number

c. Purchase Order Number

d. Invoice Number

e. Invoice Date

f. Description of Work, including the site location(s)

g. Item(s) Numbers

h. Itemized material list, including quantity, rate, and handling fee

i. Itemized labor, including hours and rate

j. Total amount due

Invoices not containing the information above will be considered incomplete and possibly returned to the contractor for completion before payment is made.

mailto:accountspayable@smcps.org

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.

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 Board 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:

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 RFQ #SMCPS-2025-M-FTS.”

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 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 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.

BUSINESS RELATIONSHIP AFFIDAVIT

CONTRACTOR MUST COMPLETE AND SIGN THIS DOCUMENT

I HEREBY CERTIFY THAT I am

(Title)____________________________________________________________ and the duly authorized representative of the firm whose address is____________________________________________________________________________ and that I possess the legal authority to make these testimonies on behalf of myself and the firm for which I am acting.

NON-COLLUSION CERTIFICATION

Neither I, nor to the best of my knowledge, information and belief, the above firm nor any of its other representatives I here represent have agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the offer being submitted herewith; not in any manner, directly, or indirectly, entered into any agreement, participated in any collusion to fix the price, or price proposal of the bidder, or offer or herein, or any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the Contract for which the within offer is submitted.

ANTI-BRIBERY AFFIDAVIT

Neither I, nor to the best of my knowledge, the above firm, nor any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State of any county, bi-county, of multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo contendere to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions committed after July 1, 1977 which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated

Code of Maryland or under the laws of any state or federal government.

CIVIL RIGHTS COMPLIANCE

We fully comply with Title VI of the Civil Rights Act of 1964 (PL88-352).

In signing this document, I represent that I have personal knowledge of all the matters and facts herein stated, and do solemnly declare and affirm under the penalties of perjury that the contents of this document are true and correct.

Date Signature

Printed or Typed Name

CONTRACTOR/SUBCONTRACTOR’S CERTIFICATION OF COMPLIANCE

WITH MARYLAND SEX OFFENDER LAW

[_____________________], hereby certifies as follows:

Name of Contractor

[_____________________] has complied, and will continue to comply with § 6-113 of the

Education Law Article, which provides that a contractor or subcontractor may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children if the employee has been convicted of a crime involving:

(1) An offense under § 3–307 or § 3–308 of the Criminal Law Article, or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State;

(2) Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; 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 in this

State.

Contractor/Subcontractor’s Certification of Compliance

With Maryland Criminal History Records Check Requirement

[ ], hereby certifies as follows:

[ ] has complied, and will continue to comply with § 5-561 of the Family Law Article of the

Maryland Code, which provides that a contractor or subcontractor shall require an employee that will have direct, unsupervised, and uncontrolled access to children in a public school to obtain a criminal history records check.

Certification

The undersigned Contractor hereby certifies to the St. Mary’s County Board of Education that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender will be allowed to enter onto school system property at any time in the performance of the work or services for which the contract is awarded.

Name of Individual/Organization (Contractor):____________________________________

(Print or type name)

Name of Authorized Representative: __________________________________________

Signature of Authorized Representative: _______________________________________

CONTRACTOR RESPONSE FORM

Maryland law prohibits contractors from knowingly assigning a registered sex offender to work in a school.

In addition, a contractor may not knowingly assign a member of its workforce to work on school premises with direct, unsupervised, and uncontrolled access to children, if the individual has been convicted of, or pled guilty or nolo contendere, to certain sexual offenses, child sexual abuse offenses, and crimes of violence.

Please check one of the following statements:

No individuals, employees or subcontractors will have direct, unsupervised or uncontrolled access to children while performing work for St. Mary’s County Public Schools (SMCPS).

OR

Individuals, employees or contractors may potentially have direct, unsupervised or uncontrolled access to children while performing work for St. Mary’s County Public Schools. The individuals named on the attached list have or will have undergone a criminal background check, including fingerprinting within the last 12 months.

Upon notice of award, the successful contractor shall be required to register all employees including subcontractors who perform work for St. Mary’s County Public Schools, using the St. Mary’s County Public

Schools, Department of Safety and Security Cognito Forms.

The contractor shall ensure that all employees report to the main office in school buildings daily to sign-in and sign-out while work is being performed.

Please acknowledge by signing below and returning as part of a responsive proposal.

SIGNATURE: __________________________________ DATE: ________________

COMPANY NAME: ______________________________________________________

ACCESSIBILITY COMPLIANCE CLAUSE

1. Overview

1. The SMCPS is committed to ensuring that digital technology is accessible to individuals with disabilities. The vendor guarantees that all digital tools supplied under this contract meet the accessibility requirements of WCAG 2.1 Level AA and conform to the most recent Section 508 standards for information technology accessibility under the federal Rehabilitation Act of 1973. “Digital tool” is defined pursuant to the Education Article, § 7-910, Annotated Code of Maryland.

2. Accessibility Maintenance and Support

1. During the contract, the vendor shall provide an updated completed Voluntary Product Accessibility

Template (VPAT), also known as an Accessibility Conformance Report (ACR), ongoing maintenance and support for accessibility for provided digital tools including:

1. Accessibility Compliance Audit: The vendor will periodically conduct accessibility audits, at least annually, to ensure continued compliance with WCAG 2.1 Level AA. This audit should include a list of identified WCAG 2.1 Level AA violations and estimated remediation timeframes.

2. Accessibility Remediation: The vendor shall address any identified violations, conduct validation testing, and provide documentation of the testing results.

3. Accessibility Indemnification and Guarantees

1. The vendor agrees to indemnify and hold harmless SMCPS from any costs, expenses, liabilities, or obligations arising from accessibility-related issues involving the digital tools provided under this contract. This indemnification includes the defense of any legal action or proceedings alleging non-compliance with federal or State of Maryland accessibility laws and regulations and payment of any resulting liabilities. This clause will survive the termination of the contract.

2. Vendors failing to meet the equivalent access standards established under Subsection (a)(2) of Section

508 of the federal Rehabilitation Act of 1973 or WCAG 2.1 Level AA may face civil penalties stated in the

Education Article, § 7-910, Annotated Code of Maryland.

4. Third-Party Technology

1. The vendor acknowledges that supplying third-party technology does not exempt the vendor from ensuring product compliance with this clause. The vendor bears sole responsibility for determining the accessibility of such technology and must ensure that it can be edited or remediated as necessary to comply with accessibility standards.

Name of Individual/Organization (Contractor):

Name of Authorized Representative:

Signature of Authorized Representative: