ON-CALL ELECTRICAL SERVICES PRE-PROPOSAL CONFERENCE ATTENDEES

Agency: Roanoke City Public Schools
State: Virginia
Type of Government: State & Local
NAICS Category:
  • 238210 - Electrical Contractors and Other Wiring Installation Contractors
Posted Date: Feb 25, 2020
Due Date: Mar 2, 2020
Solicitation No: RFP 3014
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Number Documents Due Date Time
RFP 3014 ON-CALL ELECTRICAL SERVICES 3/2/2020 3:00 P.M.
ADDENDUM #1 - QUESTIONS AND ANSWERS
PRE-PROPOSAL CONFERENCE ATTENDEES

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Purchasing Department

(540) 853-1348 • Fax (540) 853-2836

February 10, 2020

REQUEST FOR PROPOSAL

RFP 3014

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

ON-CALL ELECTRICAL SERVICES

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: March 2, 2020, 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

RFP 3014

ON-CALL ELECTRICAL SERVICES

PAGE

I. PURPOSE 3

II. BACKGROUND - OMITTED 3

III. STATEMENT OF NEED 3

IV. CONTRACT PERIOD 8

V. PRE-PROPOSAL CONFERENCE 8

VI. CALENDAR OF EVENTS 8

VII. PROSPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION 8

VIII. COOPERATIVE PROCUREMENT 10

IX. EVALUATION AND AWARD OF CONTRACT 10

X. GENERAL TERMS AND CONDITIONS 11

XI. SPECIAL TERMS AND CONDITIONS 15

XII. ADDITIONAL FORMS 18

ATTACHMENT A – GENERAL PRICING SHEET 26

RFP 3014

ON-CALL ELECTRICAL SERVICES

I. PURPOSE

The purpose of this RFP is to solicit sealed proposals through competitive negotiation for On-Call Electrical Services 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 - OMITTED

III. STATEMENT OF NEED

A. Contractor General Responsibilities: The Contractor shall provide all labor, supervision, equipment, tools, materials, and incidentals required to completely and satisfactorily perform various electrical service projects as identified by RCPS representative. Services include, but are not limited to, the following:

1. Troubleshoot, repair, and install electrical devices and equipment.

2. Troubleshoot, install, and/or replace lighting, wiring, heat-trace, switches and/or outlets per the National Electric Code (NEC).

3. Troubleshoot, replace, assemble and/or install various control panels, emergency generator switch gear, and provide technical advice to RCPS regarding various facility electrical systems.

4. Troubleshoot, provide, replace and/or install control and logical equipment such as limit switches, counters, timers and relays.

5. Limited design related to sizing and specifying wiring, conduit, and other components.

6. Troubleshoot, install, replace, and repair circuit breakers and motor controller systems for systems up to and including 3-phase 480V.

B. Contractor Performance Responsibilities: At a minimum, the Contractor should meet the following performance standards.

1. Unless an emergency exists, the Contractor should respond to RCPS request for

service within 24 hours of notification.

2. The Contractor shall provide RCPS with a written non-binding estimate of the

promulgated work and receive written approval to proceed (the “Notice to Proceed”) before initiating any work which estimate and Notice to Proceed shall be considered an addendum to any contract resulting from this RFP. At a minimum, the Contractor’s non-binding estimate shall include the number of labor hours needed for each defined grade of worker, start date and time of work, estimated duration of time the Contractor is occupying the job site and the materials required for the work. The Contractor shall not charge RCPS for their time to inspect the work site and to develop the written non-binding estimate. Contractor(s) shall review safety plans with RCPS prior to beginning any work. The Contractor(s) shall coordinate all work with RCPS to minimize site disturbance and service impacts.

3. The Contractor shall begin work within three (3) business days of the issuance of

a Notice to proceed, except in cases of emergency where work must begin within twenty-four (24) hours, or unless otherwise scheduled with RCPS approval. Contractor(s) shall ensure that any required dig alerts are complete and have the area marked by Miss Utility in advance of performing any digging. Where digging is required, the Contractor shall contact Miss Utility within 24 hours of issuance of the Notice to Proceed.

4. The Contractor shall possess the appropriate contractor’s license with the

specific specialty services as recognized by the Virginia Board for Contractors, Department of Professional and Occupational Regulation to perform electrical services.

5. The Contractor shall be responsible for providing quality electrical services in

accordance with industry standards, plans, directions and instruction as

provided by RCPS representative for each task.

6. The Contractor shall be solely responsible for obtaining any necessary permits to

perform any particular task.

7. All equipment, materials and installation work provided shall conform to the

Virginia Uniform Statewide Building Codes, National Electrical Code, OSHA and

the specifications of this solicitation.

8. Time charged to a task shall ONLY be for the actual time spent on the job. Travel

time, break time, and overhead costs shall not be billable for any task and

included within the Contractor’s loaded hourly rate.

9. Invoices for materials provided by the Contractor shall be solely limited to the

actual invoice cost for the materials or equipment provided by the Contractor

and used for the task. The Contractor is prohibited to add or bill RCPS with any

overages, up-charges or cost-plus charges for any material or equipment. The

costs of consumable materials used to complete the work shall be included in

the contract labor rates. All costs shall be included in the work authorization and

receipts showing vendor purchased, date, description and cost are required for

material reimbursement. For multi-day projects, RCPS may requests that a daily

log be submitted which includes details concerning the completed work, labor,

materials and costs.

10. The Contractor shall provide a clear and legible copy of an invoice showing all

work performed, indicating the time or arrival and departure at RCPS facility for

each employee performing services, including copies of any material or

equipment invoices that denote the Contractor’s cost. The Contactor shall

contact RCPS representative at the completion of work in order to verify the

time allotted to the service.

11. Contractor(s) shall report any safety concerns, near misses, accidents and injuries

related to the work area to the RCPS immediately.

12. Contractor(s) shall warrant replace or repair any defective product, materials,

installation or services for one (1) year from RCPS acceptance of any services

hereunder, work or services at no additional cost. RCPS shall be deemed to have

accepted services hereunder only after receipt of a proper and detailed invoice

from Contractor for such services and payment by RCPS to Contractor in full on

such invoice.

13. Contractor(s) shall respond to emergency warranty repairs within one (1) day and

shall respond to routine warranty repairs within three (3) business days.

14. The Contractor shall transfer and assign to the RCPS any and all warranties or

similar guarantees for any materials or products provided by Contractor to the

RCPS hereunder.

C. Contractor Experience and Qualifications:

1. Company/Contractor.

a. The Contractor should have, at a minimum, a current Class “A” Contractor’s license as issued by the Commonwealth of Virginia Board of Contractors, Department of Professional and Occupational Regulation.

b. The Contractor should have a license to provide the specified electrical services within the Commonwealth of Virginia for a minimum of five (5) consecutive years preceding a submission relative to this solicitation.

c. The Contractor’s firm should have been in business providing similar services promulgated in this solicitation for a minimum of five (5) consecutive years.

2. Personnel.

a. Contractor(s) shall perform all work under the supervision of a qualified

master electrician. A qualified master electrician shall be a licensed

electrician graduated from an accredited school or program and shall have

five (5) years plus experience of practical experience in planning, laying out,

supervising the installation and repair of wiring, apparatus, or equipment

for electrical components regulated by the Building Code and any other

applicable electrical regulations. Offerors shall provide a copy of their Class A

Electrical Contractor certification and a copy of their Master Electrician license.

Contractor(s) shall assure that all employees who will be performing work

receive any required training necessary to perform the work. All helpers,

assistants, and apprentices shall operate under the supervision of a

journeyman or master electrician. RCPS reserves the right to review any

Contractor(s) training documentation.

b. Journeyman Electricians provided by the Contractor should have a minimum of

three (3) years of experience performing electrical services in accordance with

manufacturer’s best practices and must be supervised by a Master Electrician.

c. The Contractor’s personnel assigned to the resulting contract should wear

appropriate uniforms or attire that, at a minimum, bear the contractor’s

company name, the employees name, and shall be maintained in a

professional condition at all times.

3. Damage to RCPS Premises: The Contractor shall repair and/or replace any

damage done to any RCPS property by their employees or resulting from

Contractor’s services as soon as practicable, but in any event, no more than

ten (10) calendar days after notification by the RCPS. All such repairs or

replacements shall be completed to RCPS sole satisfaction. To protect the

Contractor, the Contactor shall document any damages in the project area prior

to commencing work. This written record shall be provided to RCPS prior to

commencing work.

D. Work Authorization by Notice to Proceed: Any work desired under the resulting contract shall be ordered through the issuance of a written Notice to Proceed by the RCPS which will be accompanied by the Contactors non-binding estimate for the work and such Notices(s) to Proceed shall be considered addenda to the contract resulting from this RFP. The anticipated process should occur as follows:

1. RCPS will request the Contractor to provide a non-binding written estimate for the desired work that includes the labor categories and labor hour rates anticipated for the work, start date and time of the work, duration of time the Contractor will need to occupy the worksite and complete the work and an estimate of the cost of materials that will be needed to complete the work. The RCPS may request a not-to-exceed cost for the services.

2. Upon receipt of the non-binding estimate, the RCPS will review it for completeness and in- turn will issue a Notice to Proceed by e-mail or letter to the Contractor if RCPS finds the terms acceptable and wishes to engage the Contractor to complete the services.

3. The Contractor shall arrive on the job site and begin work on the date and time provided in the Contractor’s non-binding estimate.

4. If RCPS Notice to Proceed is not issued to the Contractor within twenty-four (24) hours of the start date and time, either party may request a rescheduled start date and time. If the Notice to Proceed is issued after the start date and time, the Contractor shall coordinate a new start date and time with RCPS.

5. The Contractor(s) shall obtain prior written approval for any work that exceeds the work authorization in order to be compensated for such work. RCPS shall not be required to pay Contractor for any work, services or materials not authorized by a valid Notice to Proceed hereunder or which exceeds the scope of a Notice to Proceed.

E. Invoices: The Contractor will be paid on the basis of invoices submitted. Invoices

shall include the following: the contract number, Notice to Proceed number, work

authorization, copies of supplier invoices or inventory list for materials used for

project, and total amount due. Invoices shall be submitted to the invoice-to address

as specified in the contract under this RFP.

F. Coverage: This solicitation includes services at all facilities, buildings, structures and

property owned, leased or possessed by RCPS.

G. RCPS Contact: Any and all correspondence or questions regarding the Contract

resulting from this RFP or any Notice to Proceed shall be directed to the Procurement

Contact shown on the cover page of this RFP.

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. CONTRACT PERIOD

The initial contract period will be from signing of contract until June 30, 2020. Non-exclusive contracts may be voluntarily extended by RCPS, at its sole discretion, for up to four (4) optional one (1) year renewals.

V. PRE-PROPOSAL CONFERENCE

A non-mandatory pre-proposal meeting will be conducted February 18, 2020 at 9:00 A.M. at Roanoke City Public Schools Operations 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.

VI. CALENDAR OF EVENTS

Date

Release RFP February 10, 2020

Non-Mandatory Pre-Proposal Conference February 18, 2020 | 9:00 a.m.

Receive Written Inquiries (no later than) February 21, 2020 | 5:00 p.m.

Answer Written Inquiries (no later than) February 27, 2020 | 5:00 p.m.

Receive Proposals March 2, 2020 | 3:00 p.m.

VII. 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 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 March 2, 2020, 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 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 experience on jobs of this nature.

3. Indicate the anticipated fee and expense structure (Attachment A – General Pricing Sheet).

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

5. Indicate the firm’s qualifications as a locally-owned business enterprise (LBE), minority business enterprise (MBE), and/or women business enterprise (WBE) as defined in this RFP.

VIII. COOPERATIVE PROCUREMENT

The procurement of goods and/or services provided for in this Bid is being conducted pursuant to Virginia Code Section 2.2-4304. Therefore, the Offeror or Bidder is advised, and by submitting a response to this procurement, such Offeror or Bidder agrees that any resulting contract from this procurement may be extended to other public bodies in the State of Virginia. The successful Offeror or Bidder shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to any contract that may result from this procurement and in accordance with Virginia Code Section 2.2-4304. The Roanoke City School Board shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful Offeror or Bidder or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision.

IX. EVALUATION AND AWARD OF CONTRACT

A. Evaluation Criteria: Proposals shall be evaluated using the following criteria.

Criteria Points

1. Qualifications and Experience. 30

2. Rate/Fee Structure. 25

3. Proximity and availability to RCPS. 20

4. Related experience and references. 19

5. Certified locally-owned business enterprise (LBE). 2

6. Certified minority business enterprise (MBE). 2

7. Certified women business enterprise (WBE). 2

Total Points 100

B. 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.

C. Definitions: LBE, MBE, WBE.

“Local owner” – an individual who has an ownership interest in a business enterprise and whose primary residence is within the Roanoke Metropolitan Area. For the purposes of this policy, the Roanoke Metropolitan Area shall include all cities, counties, and towns within the Commonwealth of Virginia that are within a 50-mile radius of the City of Roanoke.

“Locally-owned business enterprise (LBE)” – a business that(i) is privately held, (ii) has Local Owners that own at least fifty-one percent of the business, (iii) has Local Owners that control the management and daily operations of the business, (iv) is registered in Virginia with no corporate headquarters outside of the Commonwealth, and (v) has completed the certification steps set forth below.

In order to be placed on the Purchasing Division’s list as a LBE, a business must provide the Purchasing Director with (i) a copy of its local business license, (ii) a copy of the businesses articles of incorporation or partnership agreement, and (iii) a completed sworn certification form (found in the “Additional Forms” section of this RFP).

“Minority business enterprise (MBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity ( www.sbsd.virginia.gov ) as a business that is both owned and controlled by minorities.

“Women business enterprise (WBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity ( www.sbsd.virginia.gov ) as a business that is both owned and controlled by women.

X. 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.

XI. 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 $50,000 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:

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