PERIODIC AHERA SURVEILLANCE/TRAINING

Agency: Roanoke City Public Schools
State: Virginia
Type of Government: State & Local
Category:
  • Q - Medical Services
Posted: Jul 10, 2018
Due: Jul 27, 2018
Solicitation No: RFP 2962
Publication URL: To access bid details, please log in.

RFP 2962

PERIODIC AHERA SURVEILLANCE/TRAINING
Due Date/Time: 7/27/2018
3:00 P.M.
IFB 2967
BEHIND THE WHEEL DRIVING INSTRUCTION
Due Date/Time: 7/23/2018
3:00 P.M.
PRE-BID CONFERENCE ATTENDEES

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Purchasing Department

(540) 853-1348 • Fax (540) 853-2836

June 29, 2018

REQUEST FOR PROPOSAL

RFP 2962

Notice is hereby given of the intention of the School Board for the City of Roanoke, Virginia, to contract for

PERIODIC AHERA SURVEILLANCE/TRAINING

Vendors, who are not pre-registered and wish to submit a proposal, should complete the "Vendor Application Form" which is found at https://www.rcps.info/departments/administrative_departments/Purchasing_Department/ and click on “Forms”, complete, and return to the Purchasing Director with your proposal. Sealed proposals will be received in the Purchasing and Financial Control Department (Terrace Level) for the ROANOKE CITY SCHOOL BOARD, 40 Douglass Avenue, NW, Roanoke, Virginia 24012.

Delivery of Proposal: It is the responsibility of the vendor to assure that its proposal is delivered to the place designated for receipt of proposals and by the time set for receipt of proposals. No proposals received after the time designated for receipt of proposals will be considered. Proposals must be in the hands of the officer or agent of the Owner whose duty it is to receive them by the time specified. The officer or agent of the Owner whose duty it is to receive proposals will decide when the specified time has arrived and will determine if the proposal was in their possession by that time.

For Hand delivered proposals sufficient time must be allowed for the building receptionist to contact the Purchasing Office (Terrace Level). Receptionist will not be responsible for last minute arrivals or late proposals.

Due Date and Time: July 27, 2018, 3:00 P.M. (EST)

In the event that School Board offices are closed due to inclement weather and/or emergency situations prior to or at the time set aside for proposals, the published due date will default to the next open business day at the same time.

ROANOKE CITY SCHOOL BOARD

Eric Thornton

Purchasing Director

******************************************************************************************Electronic Invitation to Bid/RFP Retrieval Instructions: Full copies of Requests for Proposals, Bids, and Addenda in “pdf” format must be retrieved over the Internet at the following address:

https://www.rcps.info/departments/administrative_departments/Purchasing_Department/

Click on “Bids, RFP’s, Awards, and Cancellations”

To retrieve the Invitation to Bid or Request for Proposal, you will need to download the Adobe Reader. You will only need to download the Adobe Acrobat Reader program one time. Problems - If you experience problems,

Call 540-853-1348 or e-mail ethornton@rcps.info for assistance. *********************************************************************************************** This Public Body does not discriminate against Faith-Based Organizations

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

Periodic AHERA Surveillance/Training

RFP #2962

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEED 3

IV. PRE-PROPOSAL CONFERENCE 8

V. CONTRACT PERIOD 8

VI. PROPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION 8

VII. CALENDAR OF EVENTS 9

VIII. EVALUATION AND AWARD OF CONTRACT 10

IX. GENERAL TERMS AND CONDITIONS 10

X. SPECIAL TERMS AND CONDITIONS 14

XI. ADDITIONAL FORMS 18

RFP 2962

Periodic AHERA Surveillance/Training

I. PURPOSE

The purpose of this RFP is to solicit sealed proposals through competitive negotiation for Periodic AHERA Surveillance/Training for Roanoke City Public Schools. Roanoke City Public Schools (“RCPS”, “Owner”, or “Division”) intends to retain a qualified firm(s) (“Contractor” or “Offeror”) to provide these services for the Division. RCPS reserves the right to make an award to one or more qualified firms.

This document establishes the anticipated services to be performed and outlines the evaluation and selection process. However, this document does not guarantee a contract.

II. BACKGROUND

RCPS is a progressive urban school district in the City of Roanoke, Virginia. Roanoke, which covers 43 square miles, is located at the southern end of the Shenandoah Valley, approximately 170 miles west of Richmond and 235 miles southwest of Washington, D.C. Roanoke has a population of more than 99,000. Nearly 300,000 citizens reside in the immediate area. RCPS employs approximately 2,200 full and part-time workers, making it the second largest employer in the City.

RCPS provides a comprehensive instructional program for approximately 13,600 students in Pre-Kindergarten through Grade 12 annually. The school division is comprised of seventeen elementary schools, five middle schools, two high schools, the Roanoke Valley Governor’s School for Science and Technology, the Forest Park Academy (a secondary-level alternative education facility focused on putting overage and/or under-credited students back on track for graduation), the Noel C. Taylor Learning Academy (an alternative education center for students who have exhibited significant behavioral issues), adult education programs, and preschool programs for low income families.

III. STATEMENT OF NEED

RCPS is requesting Proposals from Offerors to provide AHERA surveillance at thirty-two locations. The AHERA surveillance at these 32 locations will also include six (6) mobile classroom buildings, in addition to other services as listed in this RFP. The description of services shall establish minimum requirements and expectations of RCPS. RCPS reserves the right to wave any or all requirements specified herein.

Offerors are to conduct a three-year re-inspection and update the management plan to ensure compliance with 40 CFR 763, subpart E to Appendix C, Asbestos Hazard Emergency Response Act (AHERA).

1. The firm selected will submit to the awarding authority:

a) a copy of the licenses of all employees of the firm who are authorized to conduct re-inspections and develop management plans in the State of Virginia.

b) a copy of any citations or violations issued to the firm or any of its employees who are authorized to conduct re-inspections and develop management plans in Massachusetts.

c) a copy of professional liability insurance for errors and omissions in the amount of $1 million to cover the Asbestos Inspectors and Asbestos Management Planners in its employ.

d) a copy of the firm's business certificate indicating that the firm is in good

standing.

2. The firm will assign only those consultant(s) who are bona-fide employees of said firm to perform the functions specified under this RFP. Any consultant(s) assigned to provide services under the terms of the contract must hold a valid, current license in the appropriate discipline(s) issued by the authorized Massachusetts agency.

3. Upon arrival, and prior to initiating the re-inspection, the Asbestos Inspector(s) shall present to the Designated Person, a current, valid form of identification and a current, valid Asbestos Inspector license issued by the authorized Virginia agency.

4. The re-inspection shall be performed pursuant to 40 CFR 763.85(4)(b)(3)(i) through (vii), and at a minimum, the consultant(s) shall:

• Visually re-inspect and reassess, under 763.88, the condition of all friable known or assumed Asbestos-Containing Building Material (ACBM).

• Visually inspect materials that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or re-inspection.

• Identify any homogeneous areas with material that has become friable since the last inspection or re-inspection.

• (Optional-upon request of LEA) Collect bulk samples and submit the samples for analysis in accordance with 763.86 and 763.87 for each homogeneous area of newly friable material that is already assumed to be ACBM. All samples will analyzed by a laboratory with current NVLAP (National Voluntary Laboratory Accreditation Program) accreditation.

5. The re-inspection report will clearly indicate the date of inspection, and shall be signed by each inspector and/or management planner who contributes to the re-inspection and the review or revision of the management plan.

6. The re-inspection report will identify homogeneous areas consistent with the terms and intent of AHERA. For the purpose of satisfying the scope of work under this RFP, only materials that are uniform in color, texture and size will be considered homogeneous.

7. The firm will submit the re-inspection report in a user-friendly document that, when reviewed by parents, teachers or other interested parties, will clearly identify the types, locations, amounts and condition of the following:

• any ACBM that is assumed to be ACM,

• any material that was sampled and determined to be non-asbestos containing, and

• any material that was sampled and determined to be ACM

8. The firm will submit a re-inspection report and revised management plan that is consistent with the industry standard and demonstrates a state of the art work product that reflects current technology and best practices.

9. The firm will submit the re-inspection report to RCPS within 30 days of the inspection, for inclusion into the updated management plan.

10. The firm shall ensure that response action(s) recommendations described in the management plan are specific to the site and to the ACBM involved, and that the implementation schedule is clear.

11. The firm shall assign its properly licensed consultant(s) to review the management plan, any previous inspection or re-inspection report(s) and any response action records to verify that the quantities and locations of ACM are updated.

12. The firm shall assign its properly licensed consultant(s) to update the management plan to verify that all AHERA required elements are present, pursuant to 763.93(e)(1) through (12).

13. The firm shall assign its properly licensed consultant(s) to verify that all recordkeeping requirements are met, pursuant to 763.94, including:

• A current designated person statement

• Dated copies of annual notifications and method of notification*

• Training records

• Periodic surveillance records

• Response action records

• Outside contractor notification*

The firm shall notify RCPS which, if any, of these documents are missing from the management plan.

*The firm will consult with the Designated Person on methods to be used by RCPS for annual notification and outside contractor notification, so that the plan reflects the actual methods employed by RCPS.

14. The firm shall assign its properly licensed consultant(s) to review the adequacy of the Operations and Maintenance Program (O&M) and make updates or revisions as necessary. The firm shall ensure that the O&M program is site- specific, and incorporates best practices and/or industry standards for the in-place management of the types, amounts, locations and condition of the ACBM identified or assumed to be present in each school building. The firm shall ensure that any analytical reports for bulk sample analysis are included in the O&M Program.

As part of the O&M Program, the firm shall provide an updated evaluation of resources needed to complete response actions successfully and carry out re-inspection, operations and maintenance activities, periodic surveillance and training.

15. The firm shall assign its properly licensed consultant(s) to provide response action recommendations that are consistent with AHERA pursuant to 763.93(b) through (f).

16. The firm will advise RCPS, in writing, of any non-compliance that is within RCPSs authority to correct, including but not limited to:

• Failure to designate a person to ensure AHERA requirements are fulfilled

• Failure to train the designated person or maintenance/custodial personnel

• Failure to implement a response action

• Failure to post warning labels adjacent to friable and nonfriable ACM in routine maintenance areas, and if the signs are not readily visible upon entry and read as required under AHERA.

17. The firm will provide two complete copies of the re-inspection report and updated management plan for each school within RCPS.

Work performed will also include, but is not limited to:

a) This task shall be performed during normal school hours or nights and weekends. Contractor must possess all certifications required to work with asbestos and lead paint areas of the project. The Contractor shall have the ability to detect and resolve any issues resolving from lead paint and asbestos in work areas. All detected areas must be noted and reported to RCPS Director of Facilities.

b) Address any bacterial fungal issues and follow proper cleaning/eradicating procedures. Must be noted and reported to the RCPS’ Director of Operations and Food Services.

c) Six (6) month surveillance at thirty-two (32) locations

d) Three (3) year inspection on thirty two (32) locations

e) SWPPP Plan Compliance (Storm water Pollution Prevention Plan)

f) Two hour awareness training for existing personnel and new hires

g) Telephone consultation for six (6) months and three (3) year inspection

h) Emergency response with one (1) hour of the call

i) Written documentation for each school with findings for six (6) month surveillance/monitoring

j) Written documentation for each school with findings for three (3) year monitoring surveillance

k) SWPPP Plan written documentation and all required testing for four quarters of the year. Vendor submits documentation to the EPA on behalf of the Owner and Owner receives a copy

l) A copy of business license, all certifications must be attached to each school’s report for the six month and three year monitoring plan.

m) The three year plan and six month plan will be placed in a spiral bound booklet with locations broken down separately. Cover page with company name and listing of six month or three year indicating what the document is

n) All documentation will be submitted to the Director of Facilities for RCPS

o) Contractors shall comply with applicable federal, state, and local requirements for protecting the safety of the contractor’s employees, building occupants, and the environment. All applicable standards of the Occupational Safety and Health Administration (OSHA) must be met. No processes or materials shall be employed in such a manner that they will introduce additional hazards into occupied spaces. Contractor shall provide asbestos training documentation for all employees working on the project. Failure to provide certifications will result in your proposal being considered unresponsive.

Responding vendors should include all services proposed for this project within the response. Final scope of services will be determined during negotiation and within the contract.

IV. PRE-PROPOSAL CONFERENCE

A mandatory pre-proposal meeting will be conducted July 12, 2018, from 10:00 a.m. to 11:00 a.m. at Ruffner Development Center, 3601 Ferncliff Avenue, NW, Roanoke, VA 24017. The Purchasing Department will conduct the meeting. Questions regarding the project may be submitted and will be answered on the RCPS web site.

V. CONTRACT PERIOD

The initial contract period will be from signing of contract until June 30, 2019. The contract may be voluntarily extended by RCPS, at its sole discretion, for up to four (4) optional one (1) year renewals.

VI. PROSPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION

In order to be considered for selection, Offerors must submit a complete

response to this RFP. Specifically, Offerors must provide one (1) original, three (3) copies,

and one (1) redacted copy that omits any proprietary or confidential information that the

Offeror requests to be withheld from public view. A CD or flash drive including all

Documentation provided in the redacted and un-redacted responses must also be provided.

Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in RCPS requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals should be prepared simply and economically, providing a straight forward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirements as it appears in the RFP. If a response covers more than one page, the proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

Ownership of all data, materials and documentation originated and prepared for

the Owner pursuant to the RFP shall belong exclusively to the Owner and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 11-52D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item proposal and/or total proposal prices as proprietary or trade secrets is not acceptable.

Responses must be delivered not later than 3:00 p.m. on July 27, 2018, to:

Eric Thornton

Purchasing Department

Roanoke City Public Schools

40 Douglass Avenue, NW

Roanoke, VA 24012

Interested firms should submit a proposal that responds to the items listed below. Proposals should be concise and, at a minimum, address each item in the order outlined below:

1. Summarize the firm’s general qualifications, background, number of employees, office

locations, etc.

2. Discuss the firm’s previous relevant work experiences on jobs of this nature.

3. Your base proposal should be based on the Statement of Need/Scope of Services.

4. Identify three of the firm’s recent reference clients and provide contact information.

5. Include Price sheet showing breakdown of services.

VII. CALENDAR OF EVENTS

Date

Release RFP June 29, 2018

Mandatory Pre-Proposal Conference July 12, 2018 | 10:00 a.m.

Receive Written Inquiries (no later than) July 16, 2018 | 5:00 p.m.

Answer Written Inquiries (no later than) July 20, 2018 | 5:00 p.m.

Receive Proposals July 27, 2018 | 3:00 p.m.

VIII. EVALUATION AND AWARD OF CONTRACT

1. Evaluation Criteria:

RCPS will evaluate timely submitted proposals that provide the best combination of qualifications and value. Firms will be evaluated on the following criteria:

Points

a. The firm’s experience, approach, and methodology for providing

the services described herein 30

b. The promised response time of the firm to requests for service 30

c. Rate/Pricing Structure 30

d. Related experience and references 10

Total 100

2. Award:

Selection shall be made of one or more Offeror(s) deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the Offeror(s) selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror(s) so selected, RCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s). RCPS may cancel this Request for Proposal or reject proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (Section 11-65D, Code of Virginia.) Should RCPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. The award document will be RCPS Standard Contract incorporating by reference all the requirements, terms, and conditions of the solicitation and the contractor’s proposal as negotiated.

3. Additional Information - Requests for any additional information should be directed to:

Eric Thornton, Purchasing Director, at (540) 853-1348 or ethornton@rcps.info .

a. RCPS intends to make a selection based upon the best interest of the District.

b. RCPS encourages the use of MBE, WBE, SBE and Local Contractors.

IX. GENERAL TERMS AND CONDITIONS

1. Taxes: State sales and use tax certificate of exemption, Form ST-12 will be issued upon request, if you do not have same on file. Deliveries against this proposal shall be free of excise or transportation taxes.

2. Mandatory use of RCPS Form and Terms and Conditions: Failure to submit a proposal on the official form provided for that purpose shall be a cause for rejection of the proposal. Return of the completed document is required. Modification of or additions to any portion of the solicitation may be cause for rejection of the proposal; however, RCPS reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as non-responsive. Supplementary data and information which respond to inquiries, demonstrate qualifications and expertise, etc., may be attached to the proposal forms.

3. Precedence of Terms: Except for Paragraphs 1 and 2 of the General Terms and Conditions for Professional Services, which shall apply in all instances, in the event there is a conflict between the Generals Terms and Conditions for Professional Services and any Special Terms and Conditions used in a particular procurement, the Special Terms and Conditions shall apply.

4. Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, RCPS, after due oral and written notice, may procure from other sources and hold Vendor responsible for any resulting additional procurement and administrative. This remedy shall be in addition to any other remedies which RCPS may have incurred.

5. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of RCPS.

6. Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to RCPS all rights, title and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by RCPS under said contract.

7. Ethics in Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer, or subcontractor in connection with their proposal, and that they have not conferred with any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

8. Anti-Discrimination: By submitting their proposal, all Offerors certify to RCPS that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act which provides:

a. In every contract over $10,000, the provisions 1 and 2 below apply:

i. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of paragraphs 1, above, in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or Contractor.

9. Debarment Status: By submitting a proposal, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

10. Applicable Law and Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

11. Asbestos: Comply with applicable Federal, State and Local regulations

a. Asbestos Hazard Emergency Response Act (AHERA) regulations contained in 40 CFR 763.

b. Title 29, Code of Federal Regulations, Section 1910.134, 1910.1001, 1910.1200, 1926.58, and 1926.1101 of the Occupational Safety and Health Administration (OSHA), US. Department of Labor.

c. Title 40, Code of Federal Regulations, EPA workplace guidelines include those pertinent sections of part I and II, EPA Guideline document 560/5-S5-024, “Guidance for Controlling Asbestos Containing Materials in Buildings”.

d. All State, County, and City codes and ordinances as applicable.

12. Lead: Comply with applicable Federal, State and Local regulations

a. Title 29, Code of Federal Regulations (CFR), Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:

• 1910 General Industry Standards

• 1910.1025 Lead Standard for General Industry

• 1910.134 Respiratory Protection

• 1910.1200 Hazard Communication

• 1910.245 Specifications for Accident Prevention (Sign and Tags)

• 1926.62 Lead Exposure in Construction

b. Title 40, CFR Part 50, Appendix G, National Ambient Air Quality for Lead.

c. ASTM-American Society for Testing Materials

d. ANSI Z288.2.8 Practices for Respiratory Protection

e. ANSI Z9.2 1979 Fundamentals Governing the Design and Operation of Local Exhaust systems

f. United States Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint in Housing, revised, October, 1997

g. Code of Virginia, Lead-Based Paint Activities VAC 15-30-650

h. Virginia Department of Environmental Quality, Hazardous Waste Management Regulations 9VAC 20-60-10 thru 1480

i. USEPA 40 CFR Part 260 Hazardous waste management system

j. USEPA 40 CFR Part 261 Identification and listing of hazardous waste

k. USEPA 40 CFR Part 262 Standards applicable to generators of hazardous waste

l. USEPA 40 CFR Part 263 Standards applicable to transporters of hazardous waste

m. USEPA 40 CFR Part 264 Standards for owners and operators of hazardous waste treatment, storage and disposal facilities

n. USEPA 40 CFR Part 265 Interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities

o. USEPA 40 CFR part 266 Standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities

p. USEPA 40 CFR Part 267 Interim standards for owners and operators of new hazardous waste land disposal facilities

q. USEPA 40 CFR Part 268 Land disposal restrictions

r. USEPA 40 CFR Part 269 EPA administered permit programs: The Hazardous Waste Permit Program

s. USEPA 40 CFR Part 270 Requirements for authorization of State hazardous waste programs

t. USEPA 40 CFR Part 270 Approved State hazardous waste management programs.

13. Qualifications of Offerors: RCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to RCPS all such information and data for this purpose as may be requested. RCPS reserves the right to inspect Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. RCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy RCPS that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

14. Anti-Collusion Certification: By signing the proposal, the Offeror certifies that the proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The Offeror understands that collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The Offeror agrees to abide by all conditions of the proposal and certifies that the individual signing the proposal is authorized to do so.

15. Payment Terms: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days.

16. Immigration Reform & Control Act of 1986: By submitting a proposal, Offerors certify that they do not and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

17. Relationship of Offeror to Owner: After the Contract for services has been fully executed, the Offeror shall be the professional advisor and consultant to the Owner for technical matters related to the project and shall be responsible directly to and only to the Owner. The Owner shall communicate all approvals, rejections, change requirements and other similar information to the Offeror.

18. Code and Regulatory Compliance: Review, comments and approvals by Owner or the staff of RCPS, in no way absolve any other person, firm or corporation involved in a project from their full responsibilities under the applicable laws, codes, and professional practice as required in projects for Roanoke City Public Schools.

X. SPECIAL TERMS AND CONDITIONS

1. Insurance:

a. Prior to the start of any work under the contract, the Contractor shall provide to RCPS Certificate of Insurance Forms approved by RCPS and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be:

i. Workers’ Compensation-Standard Virginia Workers Compensation Policy

ii. Broad Form Comprehensive General Liability --$1,000,000 Combined Single Limit coverage to include:

• Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors; RCPS and Contractor’s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.);

• Automobile Liability-$1,000,000 Combined Single Limit for bodily injury and property damage per occurrence.

2. Audit: The Offeror agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by RCPS. RCPS shall have full access to and the right to examine any of said materials during said period.

3. Termination of Contract: RCPS reserve the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver any outstanding orders issued prior to the effective date of cancellation.

4. Modification of Contract: RCPS may, upon mutual agreement with the Offeror, issue written modifications to the statement of needs as a part of this contract, except that no modifications can be made which will result in an increase of the original project order contract price by $25,000 or a cumulative amount of more than 25%, whichever is greater, without the advance written approval of the Deputy Superintendent or his designee. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods as selected by RCPS in accordance with the requirements of the Public Procurement Act.

5. Ownership of Materials: Ownership of all data, materials, and documentation originated and prepared for the Roanoke City School Board pursuant to the proposal shall belong exclusively to the Roanoke City School Board and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court; however, the Offeror must invoke the protection of Section 2.2-4332(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALLY identity the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the proposal.

6. Subcontracts: No portion of work shall be subcontracted without prior written consent of RCPS. In the event the Contractor desires to subcontract some or part of the work specified herein, the Contractor shall furnish RCPS the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work done by the subcontractor(s) and shall assure compliance with all contract requirements.

7. Indemnification: The contractor agrees to be responsible for, indemnify, defend and hold harmless RCPS, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers' Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless RCPS, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

8. Proposal Acceptance Period: Any proposal resulting from this solicitation shall be valid for 90 days. At the end of the 90 days, the proposal may be withdrawn at the "written" request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Withdrawal of proposals due to error shall be in accordance with Section II-54 (ii), Code of Virginia.

9. Late proposals: To be considered for award, proposals must be received by Roanoke City Public Schools, Attention: Eric Thornton, 40 Douglass Ave NW, Roanoke, VA 24012, by the designated opening date and hour. The official time used in the receipt of proposals is that time on the clock located in RCPS Purchasing Department. Proposals received after the designated opening date and hour are automatically disqualified and will not be considered. Roanoke City Public Schools is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the Offeror to insure that its proposal reaches Roanoke City Public Schools Purchasing Department by the designated date and hour.

10. Gifts by Offeror, Contractor or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

11. Qualification of Offerors: Roanoke City Public Schools may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to Roanoke City Public Schools all such information and data for this purpose as may be requested. Roanoke City Public Schools reserves the right to inspect Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. Roanoke City Public Schools further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy Roanoke City Public Schools that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

12. Availability of Funds: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

13. Contract Documents: The contract entered into by the parties shall consist of the Request for Proposal, the signed proposal submitted by the Contractor, Roanoke City Public Schools Standard Contract, the General and Special Terms and Conditions, the Statement of Need including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

14. Rejection of Proposals: The Deputy Superintendent, on behalf of the School Board, reserves the right to reject any and all proposals

15. Procedure for Protest: Any vendor submitting a proposal may protest the award or decision to award a contract by submitting a written protest to the Deputy Superintendent of the ROANOKE CITY SCHOOL BOARD no later than ten (10) days after the award or the announcement of the decision to award whichever occurs first. The written protest shall include the basis for the protest and the relief sought. (Section 2.2-4360, Code of Virginia)

16. Authorization to Conduct Business in Virginia: The attention of each Bidder/Offeror is directed to Virginia Code Section 2.2-4311.2 (effective July 1, 2010) which requires a bidder or Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law, shall include in its bid or proposal the Identification Number issued to such bidder or Offeror by the Virginia State Corporation Commission (). Furthermore, any bidder or Offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or Offeror is not required to be so authorized. Please complete the following by checking the appropriate line that applies and providing the requested information:

a. Bidder/Offeror is a Virginia business entity organized and authorized to transact business in Virginia by the and such bidder’s/Offeror’s Identification Number issued to it by the is ________________________.

b. Bidder/Offeror is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the and such bidder’s/Offeror’s Identification Number issued to it by the is ________________________.

c. Bidder/Offeror does not have an Identification Number issued to it by the and such bidder/Offeror is not required to be authorized to transact business in Virginia by the for the following reason(s):_______________________________________________________

XI. ADDITIONAL FORMS

Trade Secrets/Proprietary Information

Trade Secrets or Proprietary information submitted by an Offeror, or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror or contractor must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Information leading to the decision to award, including prices and other factors, shall be made public.

Please mark one:

( ) No, the submittal I have turned in does not contain any trade secrets and/or proprietary information.

( ) Yes, the submittal I have turned in does contain trade secrets and/or proprietary information.

If YES, please list the page numbers and the reasons for why the information is considered a trade secret and/or proprietary information. Do Not Mark the Whole Proposal Proprietary.

Anti-Collusion Certification

The Offeror certifies that this proposal response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The Offeror understands collusive bidding is a violation of Federal Law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages. The Offeror also understands that failure to sign this statement will make the proposal non-responsive and unqualified for award.

Signed: ______________________________________________________________

Date: _______________________________________________________________

Name of Company: ____________________________________________________

MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION

The Proposer should complete the following information:

Is Proposer a qualified minority or women-owned business enterprise (MBE/WBE)?

Yes: ________ No: ________. Regardless of response to this question, Bidder shall complete the following:

Will Bidder be using subcontractors? Yes: ________ No: ________

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