SMCPS-2020-M-USTR2.pdf

May 2020 St. Mary’s County Public Schools Page 1 Department of Maintenance – Underground Storage Tank Replacement

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ST. MARY’S COUNTY PUBLIC SCHOOLS (SMCPS)

INVITATION TO BID (ITB)

BID TITLE: DEPARTMENT OF MAINTENANCE – UNDERGROUND FUEL

OIL STORAGE TANK REPLACEMENT

BID NUMBER: SMCPS‐2020‐M‐USTR2

DEADLINE FOR QUESTIONS: MAY 19, 2020 AT 3:00 P.M. LOCAL TIME

CONTRACT PERIOD: 120 DAYS

BID OPENING DATE: JUNE 2, 2020

TIME OF BID OPENING: 3:00 P.M. LOCAL TIME

PLACE OF BID OPENING: **DUE TO THE CURRENT STAY‐AT‐HOME ORDER

ENACTED BY THE GOVERNOR OF MARYLAND, 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: BRYNN COSNER

EMAIL ADDRESS: btcosner@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.

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TABLE OF CONTENTS

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I. INTRODUCTION

II. INFORMATION FOR BIDDERS

III. INQUIRIES/COMMUNICATION

IV. GENERAL TERMS AND CONDITIONS

V. INSURANCE REQUIREMENTS

VI. SPECIFICATIONS

Please include the following with your bid response:

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 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 W‐9

APPENDIX A Specifications and Drawings

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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 Contractors to perform the replacement of the underground fuel oil storage tank at Town Creek Elementary School located at

45805 Dent Drive, Lexington Park, MD 20653. The resulting Contract shall be awarded for a period of 120 days from contract award.

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 Registration

Submitting Electronic Bid Responses

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 June 2, 2020 at 3:00 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

All SMCPS offices are currently closed to the public. As a result, a public bid opening will not take place as planned. A Zoom meeting has been scheduled for the bid due date and time (June 2, 2020 at 3:00 p.m.).

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 https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/12/Training/content/index.html#/ https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/12/Training/SEB/content/index.html#/ https://procurement.maryland.gov/emma-qrgs/

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aloud. Details can be found below; if you would like to receive a calendar invitation please contact btcosner@smcps.org. Participation in this Zoom meeting is optional.

Brynn Cosner is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting https://smcps.zoom.us/j/98627043540?pwd=NHVOS3lZWWlVbG9GMmh2M2VxaU41QT09

Meeting ID: 986 2704 3540 Password: 012329 One tap mobile +13017158592,,98627043540#,,1#,012329# US (Germantown) +13126266799,,98627043540#,,1#,012329# US (Chicago)

Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 646 876 9923 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Meeting ID: 986 2704 3540 Password: 012329 Find your local number: https://smcps.zoom.us/u/aduuU01h2m

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 120 days from the day of contract award. SMCPS reserves the right to cancel the contract, at its discretion, for any reason.

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.

D. SITE VISITS AVAILABLE

The building is open for field inspection by all bidders during the bidding period. Site visits are available during normal school business hours and can be arranged with 24 hours prior notice; please contact the

Department of Maintenance at 301‐475‐4256 option 1 for scheduling or email celacey@smcps.org.

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III. Inquiries/Communication

Prospective bidders may request that SMCPS clarify information contained in this bid. All such requests must be made in writing to Brynn Cosner, Procurement Coordinator. SMCPS will not respond to any requests for clarification received after May 19, 2020 at 3:00 p.m. local time. Questions may be sent via email to btcosner@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 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.

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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 Brynn Cosner, 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

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

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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. 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:

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.

J. 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.

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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.

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. Contractors are encouraged to register as a Contractor with eMMA at procurement.maryland.gov. The awarded Contractors 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

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

(Attachment 4), References (Attachment 5), 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.

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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

The prices offered for the installation of window safety film shall include all labor, supplies, materials, equipment, disposal and parts required to complete the installation in accordance with the specifications in Section VI and as listed on the “Specifications, Pricing and Delivery Information Sheet”

(Attachment 4).

The prices must include any and all costs necessary to implement terms and conditions of the contract.

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

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

T. MATERIALS SUBMITTED IN RESPONSE TO THIS BID

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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); and

Minority Business Enterprise Utilization Affidavit (Attachment 6)

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 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

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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.

V. Insurance Requirements

1 – GENERAL INSURANCE REQUIREMENTS

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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‐"

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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.

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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‐2020‐M‐USTR2.”

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.)

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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.

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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 Contractors to replace the underground fuel oil storage tank at Town Creek Elementary School 45805 Dent Drive, Lexington Park, MD 20653 as described in Appendix A (Specifications and Drawings). The resulting work and award will start after June 22, 2020 and be completed by August 15, 2020. Scheduling of work will be coordinated and approved by the

Department of Maintenance at SMCPS.

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The building is open for field inspection by all bidders during the bidding period. Site visits are available during normal school business hours and can be arranged with 24 hours prior notice; please contact the

Department of Maintenance at 301‐475‐4256 option 1 for scheduling or email celacey@smcps.org.

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.

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.

B. GENERAL REQUIREMENTS

1. Daily Sign‐In

Vendor 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.

2. Permits

The Contractor/subcontractor(s) shall ensure that the necessary permits in connection with their various trades are obtained and paid for by the proper time, including all fees for permits, and for certificates of inspection.

3. Clean‐Up

The Contractor shall keep all its work areas clean by the daily removal of accumulated waste materials and other debris caused by its operations. Upon completion of its work, the Contractor shall remove all tools, equipment, rigging and surplus materials from the premises and shall leave the job and surrounding area “broom clean” before all work under the Contract shall be considered complete. The finished project shall be clean and ready for use, subject to approval and acceptance by SMCPS.

4. Specifications and Drawings

The specification and drawings detailing the work to be accomplished are found in Appendix A.

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C. GENERAL RESPONSIBILITIES OF CONTRACTOR

The Contractor shall provide all equipment/tools, materials, and laborers necessary to fully execute work specified in this contract. The contractor shall provide sufficient management, administration, supervision, and safety and quality controls to assure the safety, quality, completeness, and timely progress of the work.

The Contractor shall remove all debris resulting from its operations. Contractor shall notify SMCPS prior to commencing work.

D. CONTRACTOR’S PERFORMANCE

1. The Contractor shall be responsible for complying with all applicable laws and regulations of authorities having jurisdiction while meeting project specifications and requirements.

2. The Contractor shall supervise, direct and be solely responsible for the work.

3. The Contractor shall be responsible to SMCPS for the acts and omissions of its employees, subcontractors and their agents and employees, and other persons performing any of the work.

4. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the contract documents, and shall not unreasonably encumber the site with any materials or equipment.

5. The Contractor shall perform all work in a workmanlike manner and in accordance with the requirements of the contract documents, including the furnishing of all materials, services, implements, machinery, equipment, tools, supplies, transportation, labor, and all other items necessary for the satisfactory performance and completion of the project in full compliance with the requirements of the contract documents.

E. 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.

F. STANDARDS OF QUALITY – “OR EQUAL” INTERPRETATION

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Manufacturer’s names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for alternative brands that meet or exceed the quality of the specifications listed for any item. It is the bidder’s responsibility to submit brand literature and/or samples to demonstrate the equivalency of the product offered.

Wherever the specifications indicate a product of a particular manufacturer, model or brand, and in the absence of any statement to the contrary by the Vendor, the bid shall be interpreted as being for the exact manufacturer, model, or brand specified, together with all accessories, qualities, etc., enumerated in the detailed specifications; therefore, the bidder shall furnish the item as specified.

In some cases, several items listed may be specified in a similar manner except for type construction, details, etc. SMCPS reserves the right to accept alternative bids for items that, in their opinion, offers the best feature of construction, quality, durability, performance, and economy.

G. ACCEPTANCE

All goods and services delivered under this ITB shall be subject to final inspection, test, and acceptance by

SMCPS prior to any payment.

H. ACCEPTANCE OF DEFECTIVE OR NON CONFORMING PRODUCTS

SMCPS reserves the right to accept any defective product or service not in compliance with the specifications, provided, however, that in such event the price shall be reduced by an appropriate and equitable amount to account for such defect or non‐compliance. Such adjustment shall be effected whether or not payment has been made.

I. REJECTION

SMCPS shall give notice of rejection of products or services delivered under this ITB within a reasonable time after receipt or acceptance of said items. Acceptance by SMCPS shall not waive any right SMCPS might otherwise have at law or by express reservation in this ITB with respect to any nonconformity.

J. WARRANTY

The Contractor warrants that the products furnished under this ITB will be free from defect not inherent in the quality required or permitted, and that the products will conform to the local, State, and federal requirements as specified in this ITB. Products not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective and shall be returned to the Contractor for refund/replacement at the expense of the Contractor. Warranty period shall be as specified by the shelf‐life of the product.

K. 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

Department of Maintenance

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23160 Moakley Street

Leonardtown, MD 20650

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…