RFP - Greene County Public Schools

Transcription

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.
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2.0
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
3-5
3. Ruckersville Elementary
105 Progress Place
Ruckersville, VA 22968
K-5
4. William Monroe Middle School
148 Monroe Dr
6-8
5. William Monroe High School
254 Monroe Drive
9-12
6. Greene County Technical Education Center
10415 Spotswood Trail
9-12
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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*
Ruckersville Elementary 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
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3.0
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
Greene County Technical Education Center
Ruckersville Elementary
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.
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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.
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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
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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
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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-
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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.
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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
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§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.
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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.
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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
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
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
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
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

RFP - Greene County Public Schools

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