RFP - Greene County Public Schools
REQUEST FOR PROPOSAL (RFP) GREENE COUNTY PUBLIC SCHOOLS April 13, 2015 GENERAL INFORMATION Greene County Public Schools is requesting proposals from qualified architectural and engineering firms to conduct a Facilities Study of the existing Greene County Public School buildings, including physical and space needs analysis, as well as preliminary designs, cost estimates and scheduling/phasing information for any recommended improvements, renovations, reorganization and/or new construction. All proposals must be in writing, sealed, and delivered to: Mail To: Ms. Kristie Spencer, Director, Business and Facilities Greene County Public Schools P.O. Box 1140 Stanardsville, Virginia 22973 ALL PROPOSALS MUST BE RECEIVED BY 3:00 P.M. LOCAL TIME, May 8, 2015. Greene County Public Schools is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. It is the sole responsibility of the Offeror to ensure that its proposal reaches the Greene County Public Schools’ central office by the designated date and hour. Late proposals will not be accepted. In addition, facsimile and e-mail proposals will not be accepted. Greene County Public Schools does not discriminate against small, minority owned, women owned or disabledveteran owned businesses or faith-based organizations. INQUIRIES CONCERNING RFP Any questions or comments concerning this Request for Proposal should be directed to: Ms. Kristie Spencer, Director, Business and Facilities Greene County Public Schools P.O. Box 1140 Stanardsville, Virginia 22973 434-985-5254 [email protected] No interpretation of the meaning of the requirements will be made orally to any potential offeror. Request for interpretation must be in writing (email is authorized) addressed to the address indicated above and received by Ms. Spencer no later than Seven (7) days prior to the date above. Any and all changes or interpretations of this Request for Proposals are effective only when made by written addendum signed by Ms. Spencer or her designee. Greene County Public Schools Facilities Study 1.0 Due 3:00 P.M. Friday, May 8, 2015 PURPOSE The School Board of Greene County, Virginia is seeking the professional consulting services of a qualified architectural/engineering firm to provide a comprehensive facilities assessment and study of all its public school facilities. The project goals are to ascertain the present condition of the Greene County Public Schools (GCPS) facilities in terms of size and capacity, aesthetics, ADA compliance, functional layout, flexibility, expansion capacity, overall educational adequacy commensurate with a 21st century learning environment, and related criteria for their useful life. The selected offeror shall prepare a study identifying current conditions and recommendations, as well as future space and facility needs, including conceptual designs and cost estimates and present the results to school division staff and School Board. 1.1 The Greene County Public School Division is the sole point of contact for the provisions of this RFP and resulting proposals. 1.2 For ease of reference, each organization submitting a response to this Request for Proposal will hereinafter be referred to as an “Offeror”. An Offeror whose proposal would result in a formal agreement will hereinafter be referred to as a “Firm”. 1.3 The contents of the proposal submitted by the successful Offeror, this RFP and all modifications made thereof, will become part of any contract awarded. The successful firm will be expected to sign a contract with the Owner. 1.4 For ease of evaluation, please keep proposals brief and straightforward, relative to this type of project. 1.5 Greene County Public Schools reserves the right to expand any resulting contract to include the development of project designs and bid specifications for recommended upgrades, and participation in construction management activities. PLEASE NOTE – There will be a NON-MANDATORY PRE-PROPOSAL meeting in the Meeting Room of the County Administration Building, located at 40 Celt Road, Stanardsville, Virginia on Monday April 27, 2015 at 2:30 PM. At this meeting, potential offerors will have an opportunity to ask detailed questions regarding this RFP. Tours of the School Division facilities will not be offered as part of the initial proposal submission. Greene County Public Schools reserves the right to engage in individual discussions with two or more offerors deemed fully qualified (short list), and to make the facilities available to these offerors after submission of proposals, prior to conducting oral interviews. Such access to schools at a later date will be provided by scheduled appointment only. Bid Questions and Addenda: All questions following the pre-proposal meeting must be submitted in writing to Kristie Spencer, Director, Business and Facilities, no later than May 1, 2015 at 4:00 PM. Faxed or emailed questions will be accepted. Any addenda will be available on the school division’s website by close of business on Monday May 4, 2015. Prior to submitting their proposal, it is the bidder’s responsibility to check the school division’s website (http://www.greenecountyschools.com) for any addenda associated with this Request for Proposal. Any and all changes or interpretations of this Request for Proposals are effective only when made by written addendum signed by Ms. Spencer or her designee. 1 Greene County Public Schools Facilities Study 2.0 Due 3:00 P.M. Friday, May 8, 2015 BACKGROUND /NEEDS Greene County is located at the foot of the beautiful Blue Ridge Mountains, close to the center of Virginia. The public school system of Greene County is passionately focused on providing individualized education programs for our students. We are proud of our entire school community and the high quality services, staff, and educational experience that we provide. We value our school and broad community; therefore we work to keep the community informed of district initiatives and events. A complete division-wide assessment of our educational facilities is needed in order to evaluate, plan and manage the future needs of the school division in an era of diminishing resources and increasing enrollment. A. Greene County Public School Facilities: FACILITY GRADE LEVEL 1. Nathanael Greene Primary School 64 Monroe Drive Stanardsville, VA 22973 PK-2 2. Nathanael Greene Elementary 8094 Spotswood Trail Stanardsville, VA 22973 3-5 3. Ruckersville Elementary 105 Progress Place Ruckersville, VA 22968 K-5 4. William Monroe Middle School 148 Monroe Dr Stanardsville, VA 22973 6-8 5. William Monroe High School 254 Monroe Drive Stanardsville, VA 22973 9-12 6. Greene County Technical Education Center 10415 Spotswood Trail Stanardsville, VA 22973 9-12 2 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 School Nathanael Greene Primary School Nathanael Greene Elementary School William Monroe Middle School William Monroe High School Year Built 1976 1990 1992 1961 Sq. Footage 47,500 50,424 84,190 100,717 Shop/Maintenance Storage/AG Shop Greene County Technical Education Center Ruckersville Elementary School 1986 1953 6,893 32,050 1998 67,460 Building Enrollments as of January 12, 2015* Nathanael Greene Primary School Nathanael Greene Elementary School Ruckersville Elementary School William Monroe Middle School William Monroe High School (includes Greene County Technical Education Center) *Does not include Pre-K enrollment School Year 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 * Total Enrollment including Pre-K Additions Gym – 2006 - 25,588 sq. feet Field House – 1979 – 4,800 – square feet Cafeteria/Gymnasium – 1982/83 2 Story Classroom Wing – 2006 10,255 square feet Adam Fargo Memorial Field House – 2009 - 8,976 square feet Athletics Facility and Performing Arts Center Renovations - 2012 416 468 610 719 909 Fall Enrollment* 2783 2840 2822 2852 2830 2882 3014 3003 3099 3165 3 Greene County Public Schools Facilities Study 3.0 Due 3:00 P.M. Friday, May 8, 2015 SPECIFIC REQUIREMENTS FOR THE PROJECT/SCOPE OF WORK A. The facilities assessment should include but not be limited to the following requirements and components: 1. Assess the architectural and structural systems, roofing and roof structure, hazardous material abatement and other recommended requirements. 2. Interview building-level and division-level administrative and maintenance personnel regarding space and programmatic needs, as well as building and site concerns. 3. Obtain input from stakeholder groups, to include staff, students, parents and community members. 4. Identify facility space and feature requirements based on projected programming needs and enrollment trends, to include instructional spaces, kitchen, maintenance & custodial closets/work areas. Results should include but not be limited to identification of maximum capacity of existing facilities, gaps between available and required space, and utilization efficiency of current facilities. 5. Determine any requirements for the existing facilities to meet all current building codes, including mitigation for impervious surfaces as required and ADA requirements, and to bring all existing space and building systems to a recommended educationally appropriate level. 6. Identify outdoor play area needs and parking lot capacities at all facilities. 7. Identify potential site work, descriptions of suggested additions, building improvements and site enhancements. 8. Provide cost estimates by project with as much detail as possible within each project. The cost estimates should include long-term life cycle and operating cost projections. 9. Provide projected schedules for completion of renovation and/or new construction. The projected schedules shall provide a plan for accommodating and phasing the work while school is in session. B. Prioritization – Greene County Public Schools has identified the following prioritization schedule for its facilities. 1. 2. 3. 4. 5. 6. 7. William Monroe High School Cafeteria William Monroe High School Nathanael Greene Primary School Nathanael Greene Elementary School Greene County Technical Education Center Ruckersville Elementary William Monroe Middle School C. The successful offeror, after award of the contract, shall prepare and submit a draft report translating the above study and input into recommendations, including preliminary designs and cost estimates for any recommended reorganization of current space, need for a building addition and/or new construction. 4 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 D. Upon approval of the final draft, the contractor shall submit Ten (10) bound copies of the final report along with a “reproduction-ready” copy of the report and a copy in electronic format to Greene County Public Schools. The contractor shall present a formal presentation of the report and recommendations to school division staff and the School Board. It is desired that the final report be completed within 150 calendar days (or less) after award of the contract and notice to proceed. E. All design documents become the property of Greene County Public Schools. 4.0 GENERAL REQUIREMENTS FOR PROPOSALS Proposals should be as thorough and detailed as possible so that Greene County Public Schools may properly evaluate the capabilities of respective firms to provide the required services. At the same time, proposals should be concise (a maximum of 50 pages) and supply the following information: A. A statement of the offeror’s understanding of the work to be performed. B. Information as the offeror’s background and experience relative to this project to include history, qualifications, knowledge of School Design, and other pertinent information C. Listing of previous clients who may be contacted as reference. The contractor must show work experience including projects of a similar size and complexity at other public schools. D. Information as to the size and organizational structure of the offeror’s firm. E. List of professional personnel that will be assigned to team, including a detailed resume for each and a description of how the team would be organized. Outside contractors should be included. F. Agreement to carry Professional Liability Insurance in an amount not less than $100,000/$500,000, and offer a minimum of $2,000,000 excess liability insurance umbrella form, or such other insurance as is satisfactory and may be approved by the School Board of Greene County, Virginia. All insurance coverage shall be written by companies licensed to do business in Virginia, shall be administered by a Virginia registered agent and shall ensure prior written notification to the School Board prior to cancellation of the policy. 5.0 REVIEW OF PROPOSALS AND AWARD OF CONTRACT To be considered for selection, offerors must submit a complete response to this Request for Proposal. Failure to submit all information requested may result in rejection of the incomplete proposal. School division staff will review proposals. A maximum of the five (5) most qualified firms will be invited for further interviews by Greene County Public Schools. An authorized representative of the offeror shall sign proposals. Five (5) copies of the proposal must be submitted to Greene County Public Schools. Each copy of the proposal should be bound in a single volume. E-mail and facsimile responses are not acceptable. 5 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 The following criteria will be used in evaluating the responses to this RFP: a) Responsiveness to the provisions of this RFP, completeness of proposal, and suitability of the proposal to fulfill the school division’s requirements. b) Expertise, qualifications, and current/past experience of the offeror relative to Facility Studies, particularly with all aspects of project management and construction including planning, cost estimating, preconstruction, and reporting/communications capabilities. c) Overall team organization to include credentials, technical competence, and experience of individuals who will perform requested tasks, supervise such work, and ultimately be responsible for the study. d) Past project experience specific to the analysis of space needs of public schools as indicated in the scope of work. Past quality of work, timeliness, and diligence to meet project requirements. e) General understanding of the project, project approach and demonstrated capabilities to achieving a final study that meets all project requirements. 5.1 ADDITIONAL SPECIAL TERMS AND CONDITIONS A. Greene County Public Schools (Owner), reserves the right to cancel or reject any or all proposals, to waive any informalities in any proposal received, and to negotiate and award a contract deemed to be in the Owner’s best interest. The Owner reserves the right to select a consultant based on submitted proposals and any resulting interviews. The Owner is not responsible for any costs incurred during the submission of proposals or interviews. The Owner is not required to enter into a contract with any offeror if deemed in the best interest of the Owner. B. Greene County Public Schools reserves the right to negotiate contract terms with the successful offeror for items/services other than those specifically stated in this RFP in the best interest of the school division and agreed to by the contractor in accordance with section 2.2-4318 of the Code of Virginia. Additional work of reasonable scale shall be priced consistent with the proposal, and pricing shall contemplate such possible additions and future expansions. Additional work may include, but shall not be limited to development of bid specifications for approved renovations, design, development for preparation of bid documents, assistance with the bid solicitation process, and construction monitoring. C. By submitting a proposal, offerors certify 1. that to the best of the offeror’s knowledge no employee of the Owner nor any member thereof, nor any public agency or official affected by the proposal, has a pecuniary interest in the business of the offeror, and that no person associated with the offeror has any interest that would conflict in any manner with the performance of any of the work contemplated by the proposal; 2. the offeror has not employed or retained any person or persons not generally associated with the offeror for the purpose of submitting this proposal or of soliciting or securing the work contemplated hereby; and 6 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 3. the offeror has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon the award of the work contemplated hereby. D. Proposals must give full name and address of the offeror. Failure to manually sign a proposal may disqualify it. The person signing the proposal should show title or authority to bind the offeror in a contract. Firm full, legal name and authorized signature must appear on the proposal in the space provided. PROCUREMENT GUIDELINES AND REQUIREMENTS I. COMPETITIVE NEGOTIATION The procurement method is competitive negotiation as defined in Section 2.2-4302.2 of the Code of Virginia (2015). This Request for Proposal indicates, in general terms, the nature of the program and services being sought and the criteria for evaluating proposals. Each offeror is to submit the proposal(s) that it deems best suits the needs of Greene County Public Schools. The specific requirements for the contents of proposals are contained in the RFP. Offerors are encouraged to provide additional information not specifically identified as a requirement if that additional information enables the proposal to better suit the needs of Greene County Public Schools. In order to procure the program that best suits the needs of Greene Public Schools, the competitive negotiation process and evaluation criteria consider factors in addition to cost. II. AWARDING THE CONTRACT The award of a contract shall be determined in the sole discretion of Greene County Public Schools based upon evaluation of all information as Greene County Public Schools may request. The evaluation process shall be based upon the criteria identified in section 5 of this Request for Proposals. Greene County Public Schools shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews may occur at the option of Greene County Public Schools. Offerors are encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. Offerors are not required to furnish firm or binding estimates of man-hours or cost for services. At the discussion stage, Greene County Public Schools may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and nonbinding estimates of price for services. During the selection process, proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussions provided for herein, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, Greene County Public Schools shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to Greene County Public Schools can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations 7 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should Greene County Public Schools 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. Greene County Public Schools shall endeavor to award the contract within thirty (30) days from receipt of proposals. Notice of award will be posted on Greene County Public Schools website at http://www.greenecountyschools.com. III. PUBLIC INSPECTION OF PROCUREMENT RECORDS Proposals submitted shall be subject to public inspection only in accordance with Section 2.24342 of the Code of Virginia, which reads, in pertinent part (subsection (C) does not apply), as follows: 2.2-4342 Public inspection of certain records: (A) Except as provided in this section, all proceedings, records, contracts, and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. (B) Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection. (D) Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that Greene County Public Schools decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract. (E) Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records. (F) Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act; however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. IV. ETHICS IN PUBLIC CONTRACTING By submitting a proposal, offerors certify that their proposal is 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 on any public employee having official responsibility for this 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 was exchanged. In accordance with this paragraph, each offeror shall execute the anti- 8 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 collusion statement attached hereto as Attachment A and submit the statement contemporaneously with its proposal. V. ANTI-DISCRIMINATION By submitting a proposal, offerors certify to Greene County Public Schools that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act. 1. During the performance of this contract, the offeror agrees as follows: a. The offeror will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment, except where authorized by law because of a bona fide occupational qualification reasonably necessary to the normal operation of the offeror. The offeror agrees to post in conspicuous places, available to employees and the applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The offeror, in all solicitations or advertisements for employees placed by or on behalf of the offeror, will state that such offeror is an equal opportunity employer. c. 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 offeror will include the provisions of the foregoing paragraphs a, b and c in every subcontract, so that the provisions will be binding upon each subcontractor or vendor. VI. DRUG-FREE WORKPLACE By submitting a proposal, offerors certify to Greene County Public Schools that they will conform to the provisions of Section 2.2-4312 of the Virginia Public Procurement Act. Offerors agree to (i) provide a drug-free workplace for the offeror's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the offeror's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the offeror that the offeror maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract, so that the provisions will be binding upon each subcontractor or vendor. VII. IMMIGRATION REFORM By submitting a proposal, offerors certify that, they will not, and shall not knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. VIII. PROMPT PAYMENT ACT Any contract awarded as a result of this Request for Proposal shall incorporate the terms and conditions of Article 4 of the Virginia Public Procurement Act with respect to Prompt Payment. 9 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 IX. REJECTION OF PROPOSALS Greene County Public Schools reserves the right, at any time prior to award of the contract, to reject any and all proposals, or any part thereof, to make no award, and/or to issue a new Request for Proposal, or make modifications, corrections of additions to the information contained herein. Greene County Public Schools reserves the right to split its award of a contract, if, in its sole discretion, it deems a split award in the best interests of the school division. Offerors are cautioned this is a Request for Proposal, NOT a request to contract. X. COSTS FOR PROPOSAL PREPARATION Any costs incurred by offerors in preparing or submitting proposals are the offeror’s sole responsibility; Greene County Public Schools will not reimburse any offeror for any costs incurred as a result of the preparation of this Request for Proposal. XI. APPROPRIATIONS All obligations of Greene County Public Schools are subject to and contingent upon annual appropriation by the School Board of sufficient funds. If, after award of this contract, there are insufficient appropriations for the purposes outlined herein, either Greene County Public Schools or offeror may terminate the contract by giving not less than ten (10) days prior notice to the other, specifying this reason for the termination. Upon such termination pursuant to this provision, any compensation due for work performed prior to the date of termination shall be equitably adjusted by mutual agreement. XII. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Link to the Virginia State Corporation Commission site: http://www.scc.virginia.gov/. XIII. FORUM SELECTION Any action, proceeding, or claim in any way related to this proposal, any ensuing contract, or the relationship between the parties shall be filed and maintained solely in the General District Court or the Circuit Court of Greene County, Virginia. XIV. CERTIFICATION REGARDING CRIMES AGAINST CHILDREN Each offeror shall certify that the offeror and/or the offeror’s employees, and all other persons who will have direct contact with students on school property during regular school hours or during school-sponsored activities by virtue of their relationship with the offeror and any work performed by them on behalf of the offeror have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. In accordance with this paragraph, each offeror shall execute the certification attached hereto as Attachment B and submit the certification contemporaneously with its proposal. Pursuant to Code of Virginia 10 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 §22.1-296.1, any person making a materially false statement regarding offenses which are required to be included in the certification referenced above shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Greene County Public Schools shall not be liable for materially false statements regarding the certifications required under this Contract. XV. CERTIFICATION OF INTERESTS/RELATIONSHIPS WITH THE SCHOOL BOARD OF GREENE COUNTY, VIRGINIA, GREENE COUNTY PUBLIC SCHOOLS, AND GREENE COUNTY PUBLIC SCHOOLS EMPLOYEES To the extent that either the offeror or any of the offeror's officers, directors, or executive employees, maintains a financial or familial relationship with any person acting for, or employed by, Greene County Public Schools, and or the School Board of Greene County, Virginia, the offeror shall reveal such relationships. In accordance with this paragraph, each offeror shall execute the certification attached hereto as Attachment C and submit the certification contemporaneously with its proposal. XVI. DEBARMENT Each offeror shall execute the debarment statement attached hereto as Attachment D and submit the statement contemporaneously with its proposal. XVII. CONTRACT TERMS The contents of the successful offeror’s proposal and of this Request will become a part of any contract awarded as a result of this Request. The successful offeror will be expected to sign a written contract with the Greene County School Board. Additional terms and provisions will be included in the contract. Following are certain terms that will be included. A. Contract Waiver: Any waiver of any provision of the contract shall be in writing and shall be signed by the duly authorized agent of the Contractor and Greene County Schools Superintendent. Unless otherwise provided in writing, a single waiver by either party of any term, right or condition of the contract shall not be deemed to constitute a continuing waiver thereof nor a waiver of any further or additional right that such party may hold under the contract. B. Contract Modification(s): After the award, any and all modifications to this contract shall be mutually agreed to by the Greene County School Board and the Contractor, in writing, and authorized by the Superintendent of Greene County Schools, or designee. Cancellation of Contract: The Greene County School Board reserves 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 and/or perform on all outstanding orders issued prior to the effective date of cancellation. C. Disputes and Claims: The Superintendent shall review and decide disputes and claims arising during the performance of the contract, in writing, within thirty (30) days of receipt of the dispute or claim. Contractual claims, whether for money or other relief, shall be submitted in writing no later than thirty (30) days after payment or other relief is allegedly due. The Contractor may not institute legal action prior to receipt of the Superintendent’s decision on the claim, unless that office fails to render such decision within thirty (30) days. 11 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 The decision of the Superintendent shall be final and conclusive unless the Contractor, within six months of the date of the final decision on the claim, institutes legal action. D. Notices: All notices, requests, demands, and elections under this contract, other than routine operational communications, shall be in writing and shall be deemed to have been duly given on the date when handdelivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (6) business days after the date of mailing when mailed by the United States mail, or by registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the following individuals: To Greene County School Board – Superintendent To the Contractor – Project Manager as identified by the Contractor All notices under this contract shall be submitted to the Project Manager or Superintendent, as appropriate, by either certified mail, return-receipt requested, or by registered courier service. Either party may from time to time change the individual(s) who will receive notices and/or the address for notification purposes by giving the other party written notice as provided above. E. Breach of Contract: The Contractor shall be deemed in breach of this contract if the Contractor: a. Fails to comply with any terms of the written contract to be executed by the parties after the award is made; or b. Fails to cure any such noncompliance with a contract term within ten (10) calendar days from the date of the Greene County School Board’s written notice or such other time frame specified by the Greene County School Board in the notice. c. The Contractor shall not be in breach of this contract as long as its default was due to causes beyond its reasonable control and occurred without any fault or negligence on the part of both the Contractor and its subcontractors. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, epidemics, strikes, freight embargoes, and unusually severe catastrophic weather such as hurricanes and floods. F. Termination With Cause/Default/Cancellation: a. In the event the Contractor shall for any reason or through any cause be in default of the terms of this contract, the Greene County School Board may give written notice of such default as provided for in this RFP. b. Unless the time is otherwise noted or extended by the Greene County School Board in the notice, the Contractor shall have ten (10) calendar days from the date of such notice in which to cure the default. Upon failure of the Contractor to cure the default, the Greene County School Board may immediately cancel and terminate this contract as of the date of the default notice. 12 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 c. No waiver or contest of any breach or default shall be effective unless expressly made in writing and signed by the waiving or contesting party’s duly-authorized representative and duly delivered to the other party either by certified mail, return-receipt requested or registered courier service. G. Non-Assignment: The Contractor may not assign its rights or duties under this agreement without the prior written consent of the School Board. H. Compliance With All Laws: The Contractor shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of this contract. Each offeror represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. If the Offeror is a corporation, the Offeror further expressly represents that it is a corporation of good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract and any extensions. Any costs associated with violations of the law, including, but not limited to, remediation, fines, administrative or civil penalties or charges, and third party claims imposed on the Greene County School Board by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local laws and regulations by the Contractor or by any of its subcontractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by the Contractor for this contract, shall be paid by the Contractor. I. Venue: This Agreement is made in and shall be governed by the laws of the Commonwealth of Virginia. Any and all suits or actions for any claims, whether legal or equitable in nature, or for any and every breach or dispute arising out of this contract shall be filed and maintained in the Circuit Court of the County of Greene Virginia. J. Severability: If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this contract, and all other provisions of this contract shall remain in full force and effect. 13 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 ATTACHMENT A ANTI-COLLUSION STATEMENT In the preparation and submission of this proposal, we did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free competition in violation of the Sherman Anti-Trust Act, 15 USCS Sections 1 et seq., or the Conspiracy to Rig Bids to Government Statutes, Virginia Code Sections 59.1-69.6 through 59.1.69.9. The undersigned hereby certifies that this proposal, any ensuing contract, or any claims resulting from either, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, Greene County School Board has an interest in, or is concerned with, this proposal; and, that no person or persons, firm or corporation, other than the undersigned, have or are interested in this bid. __________________________________ Offeror ________________ Date By: _________________________________ Name: _______________________________ Title: ________________________________ 14 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 ATTACHMENT B CERTIFICATION REGARDING CRIMES AGAINST CHILDREN Offeror acknowledges that, to the extent the implementation of this contract requires Offeror, Offeror’s employees or agents or other persons within Offeror's control to have direct contact with Greene County Public Schools’ students, Offeror hereby certifies, and is deemed to be continuously certifying, that neither Offeror, Offeror's employees nor any person who will have direct contact with students on school property during regular school hours or during school-sponsored activities have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Offeror understands that, pursuant to Code of Virginia §22.1-296.1, making a materially false statement regarding offenses which are required to be included in the certification referenced above is a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Greene County Public Schools shall not be liable for materially false statements regarding the certifications required under this Contract. It is certified, now and on a continuous basis, that none of our employees, or any person working on our behalf who will have direct contact with students under this proposal, has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child? □ □ No Yes (please explain) __________________________________________________ __________________________________________________ __________________________________ Offeror ________________ Date By: _________________________________ Name: _______________________________ Title: ________________________________ 15 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 ATTACHMENT C CERTIFICATION OF INTEREST & RELATIONSHIPS WITH THE SCHOOL BOARD OF GREENE COUNTY, VIRGINIA, GREENE COUNTY PUBLIC SCHOOLS, AND GREENE COUNTY PUBLIC SCHOOLS EMPLOYEES Offeror hereby certifies that neither Offeror, nor any of Offeror’s officers, directors, or executive employees maintain a financial of familial relationship with any person acting for, or employed by, Greene County Public Schools or the School Board of Greene County, Virginia. To the extent that such relationships exist, Offeror shall reveal the relationship below by describing the nature of the relationship and identifying the person with whom such relationship exists. □Neither Offeror nor any of its officers, directors, or executive employees maintain a financial or familial relationship with any person acting for, or employed by, Greene County Public Schools, or School Board of Greene County, Virginia. □The following individuals currently maintain a financial relationship with Offeror. School Board Employee’s Name: __________________________________________________ Position with School Board: ______________________________________________________ Nature of Relationship: __________________________________________________________ _______________________________________________________________________ □The following individuals currently maintain a familial relationship with Offeror. School Board Employee’s Name: __________________________________________________ Position with School Board: ______________________________________________________ Nature of Relationship: __________________________________________________________ _______________________________________________________________________ _____________________________________ ___________________ Offeror Date By: _________________________________ Name: __________________________________ Title: __________________________________ 16 Greene County Public Schools Facilities Study Due 3:00 P.M. Friday, May 8, 2015 ATTACHMENT D DEBARMENT STATEMENT I certify that the offeror is not currently debarred or otherwise declared ineligible by any public agency from bidding for furnishing materials, supplies or services. I further certify that no principal, officer or director of the offeror has been employed by or associated with any firm which is currently debarred or otherwise declared ineligible by any public agency from bidding for furnishing materials, supplies or services. I certify that the offeror has never been debarred, or otherwise declared ineligible by any public agency from bidding or furnishing materials, supplies or services. I further certify that no principal, officer or director of the offeror has ever been employed by or associated with any firm which has ever been debarred or otherwise declared ineligible by any public agency from bidding for furnishing materials, supplies or services. __________________________________ Offeror ________________ Date By: _________________________________ Name: _______________________________ Title: ________________________________ 17
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