01 - RFP 26-02 Asbestos Inspection Consultant.pdf

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BOULDER VALLEY SCHOOL DISTRICT RE-2

REQUEST FOR PROPOSALS NO. 26-02

Asbestos Inspection Consultant Qualification

July 7, 2025

TO BE CONSIDERED, RESPONSES MUST BE SENT VIA EMAIL TO DERRELL.WALTON@BVSD.ORG

ON OR BEFORE 10:00 AM (MT) ON August 6th, 2025.

LATE PROPOSALS WILL NOT BE ACCEPTED.

mailto:DERRELL.WALTON@BVSD.ORG

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Table of Contents

GLOSSARY 3

Section 1 - Introduction and Overview 4

District Information 4

Ongoing Asbestos Consultation Qualification 4

General Information 4

Section 2 - Communication and Timeline 5 RFP Contact 5

Communication 5

RFP Schedule of Activities and Timeline 5

Section 3 - Scope of Services 6 Work and Ongoing Asbestos Abatement Consultation Qualification 6

A. ASBESTOS BUILDING SURVEY AND INVESTIGATION 6

B. ASBESTOS HAZARD EMERGENCY RESPONSE ACT MANAGEMENT PLAN DOCUMENTATION 6

C. ASBESTOS PROJECT DESIGN FOR REMOVAL OF ASBESTOS: 6

D. ABATEMENT BID ISSUANCE AND CONTRACT ADMINISTRATION: 6

E. ASBESTOS PROJECT OVERSIGHT AND MANAGEMENT OF REMOVAL: 7

Section 4 - Proposal Requirements 9 Submission Instructions 9

Proposal Requirements 9

Pricing 11

Section 5 - Evaluation of Proposals 12 Section 6 - RFP Terms and Conditions 13

ATTACHMENT A – DECLARATION & SIGNATURE PAGE 18

ATTACHMENT B - PRICING 19

Qualification for Services 19

ATTACHMENT C- DRAFT CONTRACT 20

ATTACHMENT D- Asbestos Management Plan Contractor Responsibility 21

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GLOSSARY

Many abbreviations and acronyms are used throughout this document. The following glossary is presented in order to offer a quick reference for the reader who may not be familiar with all of these terms.

Term Meaning

Contract A written agreement entered into by the District and the successful vendor for performance of the services set forth in this RFP.

Contractor/Consultant See successful vendor

District or district Boulder Valley School District RE-2 (BVSD)

Proposal A written offer to provide services in accordance with the requirements, terms and conditions of the Request for Proposal. Any exceptions to the District’s requirements, terms and conditions shall be clearly stated by the vendor in its proposal.

RFP Request for Proposal, a formal vendor selection process

Successful vendor The individual, company, corporation or firm to whom the contract is awarded.

Vendor The individual, company, corporation, or firm to whom the contract is awarded. Until the contract is awarded, the term “vendor” shall be understood to mean the individual, company, corporation or firm formally submitting a response to this Request for Proposal.

Work Service to be performed. The project, job, and / or activity that is relative to the scope of this RFP

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Section 1 - Introduction and Overview

District Information The Boulder Valley School District (District) is a public school district organized in accordance with Colorado law to provide public education to the residents of Boulder County. The District covers a geographic area of approximately 500 square miles and serves the communities of Boulder, Broomfield, Erie, Eldorado Springs, Gold Hill, Jamestown, Lafayette, Louisville, Marshall, Nederland, Superior and Ward. The District consists of 56 schools serving an enrollment of approximately 30,000 students. District students consistently place in the top percentiles in state and national academic achievement measures. The area itself is regularly listed as one of the best places to live in the country.

Boulder Valley School District RE-2 (District) is seeking proposals from vendors to provide asbestos consultation services. Additional information is in Section 3” Scope of Services”.

Ongoing Asbestos Consultation Qualification The District will prequalify several vendors for ongoing services. It is the intent of the District to use this prequalification for on call services and quote/ proposal requests. The successful vendors will be asked to sign a master agreement.

General Information You may submit a proposal for ongoing Asbestos Consultation Qualification.

All responses will be utilized to create a prequalified vendor list for asbestos consultants for the remainder of the 2022 bond and other district capital projects. These consultants will provide. Asbestos Abatement and Re-inspection Consulting services.

*Note: This RFP is for consultation and not the actual abatement work that will need to be completed. The contracting of the abatement work will be done through a separate solicitation. The asbestos consultant as designer and overseer will not be able to perform the actual abatement work that will need to be completed.

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Section 2 - Communication and Timeline

RFP Contact Please direct all communications regarding this RFP to: DERRELL.WALTON@BVSD.ORG Paul and Derrell will be the sole points of contact for communication concerning this RFP.

As email delivery issues can occur from time to time, the District strongly recommends that vendors submitting inquiries request confirmation of receipt.

Communication

● All communication is limited to the RFP Contact unless a delegation naming an additional contact has been provided in writing.

● There should be NO communication with any district staff or consultants regarding this RFP.

● Activities, communication, and contact after the RFP has been issued may be considered consulting activities and could disqualify you from submitting a proposal for that school.

● If contacted directly by any district staff or consultants you should direct them to the RFP Contact to make the inquiry on their behalf.

● Telephonic or in-person inquiries shall not be accepted. Vendors shall not contact District staff directly with questions and may not rely on any verbal statements by District staff that alter any specification or other term or condition of the RFP. This RFP may be modified only in writing and signed by the District Procurement Director or designee.

RFP Schedule of Activities and Timeline

ACTIVITY DESCRIPTION DATE

Issue RFP Issuance of RFP via BidNet 7/7/2025

Inquiries

Vendors may make written inquiries concerning this RFP to obtain clarification of requirements via email to the RFP Contact with the subject “BVSD RFP No. 26-02 Asbestos”. Inquiries made in any other way will not be accepted. Inquiries shall not be accepted after the due date and time

Due Date and Time:

7/21/2025

10:00 AM MT

Addendum Response to Inquiries will be issued as an Addendum to the RFP. 7/24/2025 By end of day

PROPOSAL

SUBMISSION

DEADLINE

PROPOSAL SUBMISSION DEADLINE

See Section 4 Proposal Requirements for submission requirements Proposals are due on or before the due date and time.

Late submissions will not be accepted.

Due Date and Time:

8/6/2025

10:00 AM MT

Evaluation Evaluation of RFQ responses (Estimated) 8/21/25

Award Engage services of successful vendor/contract execution 8/2025 (estimated)

Contract

Contract Execution Deadline / BVSD Board of Education Meeting agenda deadline.

For contracts that require BVSD BOE approval, a signed contract from the vendor is required on this date.

8/2025 mailto:DERRELL.WALTON@BVSD.ORG http://www.bidnetdirect.com/colorado/boulder-valley-school-district

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Section 3 - Scope of Services

Work and Ongoing Asbestos Abatement Consultation Qualification The District will prequalify several vendors for ongoing abatement services.

The Consultant shall perform the following Professional Services if Qualified.

A. ASBESTOS BUILDING SURVEY AND INVESTIGATION

1) Review building plans and applicable documentation to determine evidence of asbestos-containing materials (ACM);

2) Provide a room by room building survey to identify suspect asbestos containing material;

3) Collect necessary samples in a random representative manner complying with CDPHE and EPA requirements to give a complete and comprehensive record of asbestos containing materials in the building or affected area of the building. All sampling plans must be reviewed and approved by BVSD Environmental Staff. BVSD will be included as a client on all Chain of Custody forms. All inspectors will be accompanied by the building owner's representative, unless otherwise specified;

4) Collect samples in a manner designed to create minimum disturbance of occupied areas. Sampling times will be coordinated with the building owner’s representative. Locations where samples are collected will be repaired with the appropriate sealants to prevent fiber release;

5) The EPA and Colorado State Certified Inspector will exercise judgments and make assumptions on the similarity of material throughout the building. The Inspector will be allowed to make reasonable assumptions that the composition of material in concealed, inaccessible spaces is the same as that found in accessible locations;

6) Recommendations will be made to the Owner’s Representative regarding all asbestos locations identified.

Recommendations will be based on the current condition of asbestos-containing material, and the potential for further disturbance, damage, or erosion and degree of potential employee exposure; and

7) Within fifteen (15) business days after completion of the facility survey, a detailed assessment report shall be delivered to the District including: Description of facility surveyed, location, approximate quantity, analytical results of asbestos-containing samples collected, qualifications of those performing the visual inspection and collecting physical samples from the property, certification documentation of the laboratory performing the analysis of physical samples collected from the property, description of the methodology employed during all inspections and sampling.

B. ASBESTOS HAZARD EMERGENCY RESPONSE ACT MANAGEMENT PLAN DOCUMENTATION

1) Review District’s existing Asbestos Hazard Emergency Response Act (“AHERA”) management plan for the project site as requested by the owner's representative;

2) Within fifteen (15) calendar business days after the District’s review and acceptance of Consultant’s facility survey and report, provide on District-provided templates, a revised AHERA management plan for the site as requested by the owner's representative.

C. ASBESTOS PROJECT DESIGN FOR REMOVAL OF ASBESTOS:

1) Upon receipt of the laboratory analysis of physical samples collected, Consultant shall prepare an assessment report and specification detailing the analytical result of samples description of sample locations and description of material conditions;

2) Consultant shall prepare a detailed specification for the removal of asbestos containing materials that need to be removed prior to demolition to serve as the comprehensive design to be used by prequalified contractors in bidding on the project.

D. ABATEMENT BID ISSUANCE AND CONTRACT ADMINISTRATION:

1) Consultant shall prepare, using District forms provided by BVSD procurement and subject to pre-issuance

7 | Page review by the District, all sealed bid documents for the asbestos abatement project, including but not limited, to preparation of the Invitation to Bid, Bid Form, Instructions to Bidders, Bid Bond, Performance Bond, Labor & Material Payment Bond, Bond Office Map, and General Conditions with Supplementary GC for Abatement Projects;

2) Work with BVSD procurement to distribute bid documents to asbestos abatement contractors after the written approval from project manager;

3) In conjunction with BVSD procurement, conduct the on-site pre-bid meeting, respond to questions from bidding contractors during bid period, and issue any necessary addenda during the bid period;

4) Attend the District’s sealed bid opening and assist with bid analysis including review of base bids, alternates, unit pricing and considerations such as insurance and bonding;

5) Work with BVSD procurement and project manager to prepare and issue the District’s standard asbestos abatement award documents, review Contractor’s bonds and insurance certificates, review abatement Contractor’s pay applications.

E. ASBESTOS PROJECT OVERSIGHT AND MANAGEMENT OF REMOVAL:

1) Review of all Contractor’s documentation to ensure compliance with work specifications;

2) Ensure Contractor is following all state and federal laws and regulations pertaining to the asbestos removal project;

3) Collect ambient air samples including background air sampling to establish baseline fiber levels, in progress air sampling outlined in the specifications, and final clearance air sampling;

4) Maintain detailed checklists and daily project shift log to ensure abatement project is supervised continuously;

5) Review all Contractor pay applications. Consultant shall act as Owner’s Representative and shall review and approve Contractor pay applications. Consultant shall submit such pay applications to Owner after Consultant’s review and approval;

6) Conduct a final visual inspection of the site to ensure that Contractor has removed all asbestos containing material

7) Upon completion of the asbestos removal, Consultant will prepare a detailed closeout report documenting all of the GAC activities and shall deliver a final report to the District within thirty 30 calendar days after Contractor’s completion of the work. As a minimum, the closeout report shall include the state permits, supervisor log, waste disposal manifests, air monitoring records, supervisor and worker certifications and a final update to the BVSD baseline asbestos inventory provided on AutoCAD (current version).

8) Provide an asbestos abatement summary to the District. This will include detailed records of all asbestos material abated and the locations it was abated. This will specify the type of material and the total quantity removed. Floor plans shall be provided showing work areas and areas of ACM removal.

9) Provide an updated AHERA asbestos management plan which complies with CDPHE Regulation 8 and EPA requirements using the format used by the District. Sampling data will include lab reports, field notes, sample logs, detailed description and photos of material, Floor plans will be submitted electronically in AutoCAD (current version) or another District approved platform. Floor plans will identify sampling locations, remaining and abated ACM.

Qualifications

1. Consultant must have an office located within the State of Colorado.

2. Consultants shall provide information on professional licensure and other relevant certifications as applicable.

3. Consultant must exhibit their understanding of and ability to complete contracted work meeting all the specifications and standards.

4. Describe your firm's experience with providing Asbestos Consulting services, highlighting any K-12 projects with similar size and scope to the proposed project.

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5. The Owner requests that specifications will be based on industry standards, without prejudice toward preferred manufacturers, and open to multiple products and installers. Describe how you intend to accommodate open, competitive specifications of products while ensuring quality installation and materials.

The District does not guarantee that consultants who meet these qualifications will be prequalified.

Consultants who do not meet these qualifications will not be considered for prequalification.

Note: Awarded consultants will be required to register in the BVSD Supplier Portal. Information and instructions will be provided upon award.

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Section 4 - Proposal Requirements The purpose of this section is to specify a format for proposals to the RFP, to provide a guide for vendors to assure all required information is provided, and to facilitate review of proposals.

Proposals are due on or before the due date and time

Late submissions will not be accepted

IMPORTANT - Your ability to follow submission requirements will be considered in whether or not your proposals will be accepted for this RFP and what is evaluated.

Submission Instructions Proposals must be sent via Email to Derrell.Walton@bvsd.org Please label subject line of the email “RFP 26-02 Response – (Insert Company name)” Submissions made in any other way will not be accepted.

*Note: As email delivery issues can occur from time to time, the District strongly recommends that vendors request confirmation of receipt.

Proposal Requirements Vendors must submit two (2) separate files, in the overall format as outlined in this RFP, for the response to be considered complete:

● File 1 - Proposal Document (Do NOT submit a .zip file, link to a google or drop box folder, etc.)

● File 2 - Pricing

Vendors are strongly encouraged to keep their proposals concise and brief. Vendors must limit the proposal to 25 pages maximum (not including pricing).

Vendors must submit their response in the following order:

● SIGNATURE PAGE (1 page) – Provide originally signed document, see Attachment A. Identify vendor point-of-contact for any questions or concerns relative to this response and the resulting services. Provide name, title, address, telephone and e-mail address.

● TITLE PAGE (1 page) – The title page shall include the consultant’s name, address, and date of the submittal, as well as the name of the person(s) authorized to make representations for the consultant and such person’s email address and telephone number.

● OVERVIEW OF VENDOR FIRM – Provide a brief description of the vendor’s organization and services.

○ Narrative (1 page) – Provide a summary of your firm’s relevant expertise and experience in providing the services. What differentiates your services from other providers?

○ Qualifications (2 pages) – Provide an overview of how your firm meets the minimum qualifications in

Section 3.

○ References (1 page) – Include with your proposal at least three clients for which your company has provided similar consulting services to in the past three years and a key contact person within each organization. K-12 references (and references for other local governments) are preferred. Please include specific references for those staff members you have proposed to perform the services.

Please include the company name, current contact person, address, telephone number and date and description of work/services performed for each listed reference.

○ Examples of relevant projects / BVSD and School District experience (1 page) - See table in Attachment A for information requested.

mailto:Derrell.Walton@bvsd.org

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○ Staffing information (1 page per staff member) - Include specific information concerning staff that would be assigned to work on this project: Name; Experience: Applicable licensure and / or certifications currently active in the State of Colorado. Note: Do not list any inactive registration and/or license designations. All licensed professionals responsible for proposed services must be directly employed by the responding Consultant and not employed as Sub-Consultants.

● REQUIRED SERVICES (5 pages max) – The vendor’s proposal shall follow the same format as the RFP.

○ List how your company can provide the required services per Section 3 in the order listed in the RFP, with a detailed breakdown and description of the specific services and data to be provided, ensuring, at a minimum, compliance with the RFP requirements. Confirm compliance with each RFP requirement.

○ Specifically identify your anticipated needs of District staff assistance in performing the requirements under the Scope of Services.

● PROPOSED SCHEDULE AND PROJECT START-UP (1 page) - Indicate how soon following the award, your staff will be assigned and available to work on the project. Provide proposed process and schedule, including milestones per scope of services.

● ADDITIONAL COMMENTS (1 page optional) - Please add additional comments, background information, data, etc., which you feel are pertinent and would assist in the selection process.

● ACCEPTANCE OF DISTRICT CONTRACT AND DISTRICT TERMS AND CONDITIONS – This section is intended for informational purposes only and no response is expected nor encouraged. The vendor’s signature on its response to the RFP is confirmation that the vendor understands and acknowledges that any award will require that a contract between the District and the vendor be executed and that the contract will include the terms and conditions set forth in Attachment C.

o However, questions, comments, or concerns with regard to the contract terms and conditions must be included with your proposal. Absent any such attachment, the District will assume vendor’s full acceptance of the contract terms and conditions.

o Exceptions requested, or alternative language suggested, will be treated as a “counter-offer.” The willingness and/or ability of the District to accept or negotiate such suggested changes will be considered on a case-by-case basis.

o Vendors please note, if you do offer suggested modifications, the decision to reject, accept, or further negotiate requested changes will be at the District’s discretion.

o IF YOUR COMPANY NORMALLY SEEKS LEGAL REVIEW OF CONTRACT TERMS, THIS PROCESS SHOULD

OCCUR PRIOR TO SUBMISSION OF YOUR OFFER AND YOUR OFFER MUST IDENTIFY ANY TERM OR

CONDITION YOU ARE QUESTIONING AND HOW YOU WOULD SUGGEST IT BE RESOLVED.

o Important – Do NOT submit a copy of your contract, terms and conditions, etc. as a response to this section.

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Pricing

● PRICING – The enclosed “Vendor Pricing Proposal”, Attachment B, must contain the vendor’s price proposal.

As previously stated, one (1) document with pricing is to be separately submitted. Pricing shall not be included within the RFP proposal response. Vendors shall not reference pricing within their proposal. Pricing quoted by a vendor shall include all fees, costs and expenses, including, but not limited to: labor costs, travel expenses, administrative costs, copies, collating costs, faxes, mileage charges, supplies, mailing charges, communications, data compilation, analysis, reporting and delivery charges, unless otherwise indicated in the RFP. Estimated proposal prices are not acceptable. All of the proposal contents and fees must be guaranteed for ninety (90) days from the proposal date. The proposal price will be considered in determining the successful vendor.

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Section 5 - Evaluation of Proposals The District Evaluation Committee will judge the merit of proposals received in accordance with the criteria described below (in no particular order):

● Completeness of proposal, overall responsiveness, and ability to follow proposal submission directions

● Cost for services contained in the Proposal

● Overview of Firms qualifications

● Quality of clients and references

● Ability to meet required services

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Section 6 - RFP Terms and Conditions

A. Invitation to Submit Proposals The District invites vendors who have an interest to submit a proposal in accordance with terms of this RFP.

B. Purpose This RFP provides prospective vendors with sufficient information to enable them to prepare and submit proposals for consideration by the District to satisfy the need for expert assistance in the completion of the goals of this RFP.

C. Scope This RFP contains the instructions governing the proposal to be submitted and the material to be included therein, the mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal.

D. Inquiries Vendors may make written inquiries concerning this RFP to obtain clarification of requirements. Inquiries made in person, by email, or by telephone will not be accepted. Inquiries shall not be accepted after the date and time indicated in the Schedule of Activities and Timeline.

E. Modification or Withdrawal of Proposals Proposals may be modified or withdrawn by the vendor prior to the Proposal Submission Deadline set forth in the above Schedule of Activities and Timeline.

F. Proposal Submission Proposals shall be received before the proposal submission deadline as indicated in the above Schedule of Activities and Timeline. Late proposals will not be accepted. It is the responsibility of the vendor to ensure that the proposal is received by the District before the proposal submission deadline date and time. Proposals will be time-stamped upon receipt. The original proposal must be dated and signed by a person who is legally authorized to bind the vendor to the proposal, with that person’s name and title clearly identified on the Signature Page. The format of the Signature Page is provided at the end of this document (Attachment A). Vendors shall submit the proposal and any attachments electronically. Proposals that are determined to be at a variance with this requirement may not be accepted.

G. Addendum or Supplement to RFP In the event that it becomes necessary to revise any part of this RFP, a modification notice will be issued by the District in BidNet.

H. Objections to RFP Terms; Notice to District of RFP Errors If a vendor objects on any ground to any provision or legal requirement set forth in this RFP, such vendor shall, not more than seven (7) calendar days after the RFP is issued, provide written notice to the District Representative setting forth with specificity the grounds for the objection. Any failure to object in the manner set forth in this section shall constitute a complete and irrevocable waiver of any such objection. This requirement excludes proposed modifications to a District contract or agreement if the process for proposing modifications is addressed elsewhere within this RFP.

Each vendor is responsible for reviewing all portions of this RFP and shall promptly notify the District Representative in writing if the vendor discovers any ambiguity, discrepancy, omission, or other error in this RFP (an "Error Notification"). Any Error Notification should be delivered via mail, facsimile or email promptly after discovery, but in no event later than the Deadline for Written Inquiries as set forth in this RFP.

I. Acceptance of RFP Terms A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the vendor shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the vendor of all terms and conditions including compensation, as set forth herein. A vendor shall identify clearly and thoroughly any variation between its proposal and the District’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

Vendors, please note: if you do offer suggested modifications, the decision to reject, accept or further negotiate requested changes will be at the District’s sole discretion.

J. Confidential/Proprietary Information http://www.bidnetdirect.com/colorado/boulder-valley-school-district

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Any proposed restrictions for the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself.

● Step 1. Written requests for confidentiality shall be submitted by the vendor with its proposal. The vendor must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary.

● Step 2. Confidential/proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Upload one (1) document of the confidential/proprietary information as a separate document is required. Commingling of confidential and/or proprietary information with other information is NOT acceptable.

● Step 3. The District Representative will make a determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in a resulting contract cannot be considered confidential.

K. Proposal Prices Estimated proposal prices are not acceptable. Proposal prices will be considered a vendor’s best and final offer, unless otherwise stated in the RFP. All of the proposal contents and fees must be guaranteed for ninety (90) days from the proposal date. The proposal price will be considered in determining the apparent successful vendor.

L. Selection of Proposal As described within the RFP, an Evaluation Committee will review and score offers submitted and make a recommendation for award. This selection will be for award to the responsible vendor(s) whose proposal is determined to be most advantageous to the District, in the District’s sole discretion.

M. Award of Contract(s) The award(s) will be made to the responsible vendor whose proposal, conforming to the RFP, will be the most advantageous to the District, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the District may elect to cancel the award and make the award to the next most responsible vendor.

N. Multiple Awards The District reserves the right to award this RFP in part, to multiple vendors, if so determined by the District to be in the best interests of the District.

O. Standard Contract A standard District template is included as an attachment to this solicitation (see Contract, attached).

If a vendor has any suggested modifications to the contract, the vendor must include and CLEARLY INDICATE such modifications in its response to the RFP. Vendors please note, if you do offer suggested modifications, the decision to reject, accept, or further negotiate requested changes will be at the District’s discretion. IF YOUR FIRM NORMALLY SEEKS COUNSEL ON CONTRACT TERMS, PLEASE DO SO BEFORE SUBMITTING A RESPONSE TO THIS RFP.

The vendor’s signature on its response to the RFP is confirmation that the vendor understands and acknowledges that any award will require that a contract between the District and the vendor be executed and that the contract will include the terms and conditions set forth in Attachment C.

P. Acceptance of Proposal Content The contents of the proposal (including persons specified to implement the project) of the successful vendor will become contractual obligations if acquisition action ensues. Failure of the successful vendor to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such vendor may be removed from future solicitations.

Q. RFP Cancellation The District reserves the right to cancel this RFP at any time, without penalty.

R. District Ownership of Contract Products/Services Proposals, upon established opening time, become the property of the District. All products/services produced in response to the contract(s) resulting from this RFP will be the sole property of the District, unless otherwise noted in the RFP. The RFP requirement and the contents of the successful vendor's proposal, clarifications and/or best and final offers will become contractual obligations.

S. Incurring Costs

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The District is not liable for any cost incurred by vendors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

T. Non-Discrimination The vendor shall comply with all applicable State and Federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age, sex, sexual orientation, disability, or other protected status.

U. Rejection of Proposals The District reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the District.

V. Parent Company If a vendor is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number provided must be that of the vendor responding to the RFP.

W. News Releases News releases pertaining to this RFP or any resulting contract shall NOT be made without prior written approval by the District.

X. Certification of Independent Pricing Determination Except as otherwise disclosed with particularity, through its submission of a quote, bid, or offer, the vendor certifies that the prices and other terms in the quote, bid, or offer have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the quote, bid, or offer by, any other competing vendor. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogs made available to the public by the competing vendor. No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Y. Reservation of Rights The District reserves the right to:

● reject any and all proposals received as a result of this RFP;

● waive or decline to waive any informalities and any irregularities in any proposal or responses received;

● request clarification(s) of the vendor’s proposal;

● adopt all or any part of the vendor’s proposal;

● negotiate changes in the scope of work or services to be provided;

● engage the successful vendor for future studies and/or reports related to the scope of work set forth in this RFP based upon future needs as determined by the District;

● withhold the award of contract

● select the vendor it deems to be most qualified to fulfill the needs of the District. The lowest priced response will not necessarily be the one most qualified, since a number of factors other than price are important in the determination of the most acceptable response.

Z. Confidentiality of District Information The vendor acknowledges that it may come into contact with confidential information contained in the records of the District. The confidentiality of all information will be respected, and no confidential information shall be distributed or sold to any third party nor used by the vendor or the vendor’s employees, subcontractors or assignees in any way except as expressly authorized in writing by the District, nor be retained in any files of the vendor. No reports, information, or data provided to the vendor or prepared by the vendor shall be made available by the vendor to any individual or organization without prior written approval of the District. Disclosure of such information may be cause for legal action against the vendor. Defense of any such action shall be the sole responsibility of the vendor. If applicable, successful vendor personnel may be required to sign a HIPAA Business Associate Agreement form and/or District Data Protection Agreement.

AA. Personal Interviews/Demonstrations

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Vendors may be invited by the evaluation committee to participate in personal interviews and/or demonstrations.

If applicable, the date is set forth in the Schedule of Activities and Timeline within this RFP. Vendors, by responding to this RFP, are confirming their availability to participate in an interview on this date, if selected by the District as a finalist. Inability of a vendor to be available on the designated interview date may result in elimination of that vendor for consideration of award. Any costs associated with vendor participation in the personal interview/demonstrations (i.e., travel costs) shall be at the vendor’s expense.

BB. Best and Final Offers The District may, at its sole option, either accept a vendor’s initial proposal by award of a contract or enter into discussions with vendors whose proposals are deemed to be reasonably susceptible of being considered for award. In conducting discussions, there shall be no disclosure of any pricing information derived from proposals submitted by a competing vendor. Vendor(s) may be invited to submit a “Best and Final Offer” to the District for consideration. Best and Final Offers will be made at the vendors’ expense. After receipt and review of the Best and Final Offers, the District will determine the successful vendor.

CC. District Board of Education Approval Depending on the final scope of services as determined by the District, it may be necessary to receive Board of Education approval prior to issuance by the District of a purchase order to the successful vendor or execution of a contract with the successful vendor. The District will make efforts to obtain Board approval as soon as reasonably possible.

DD. RFP Compliance All participating vendors, by their signature, shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. Should the District omit anything from this document which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, the vendor shall inquire and secure written instructions from the District Representative by the written inquiry deadline set forth in the schedule for this RFP.

EE. Service Commitment The successful vendor shall commit that the level of service (number and experience of people and hours) and identified personnel committed to the District in the successful vendor’s proposal shall be maintained throughout the resulting contract, including extensions. If the successful vendor wishes to make key staff changes during the term of the contract, including any extensions, the District requires pre-approval by the District of that individual’s replacement.

FF. Premises Access The successful vendor shall not knowingly employ on Boulder Valley School District premises any persons convicted of any felony or misdemeanor crime of unlawful sexual behavior involving children.

GG. Cooperative Purchasing Efforts The District is a member of, or affiliated with, several regional professional procurement organizations within Colorado and Wyoming. These organizations are comprised of governmental purchasing agents, or agency representatives responsible for the purchasing function. These organizations include:

a. Colorado Educational Purchasing Council (CEPC) - A cooperative purchasing organization comprised of purchasing agents/buyers representing all Colorado public school districts.

b. Multiple Assembly of Procurement Officials (MAPO) - A cooperative purchasing organization comprised of procurement representatives from state, county, municipal, governments, special districts or school districts along the front range of the Rocky Mountains in Colorado.

c. Rocky Mountain Governmental Purchasing Association (RMGPA) - A chapter member of the National Institute of Governmental Purchasing (NIGP), consisting of public procurement professionals and their representative agencies which include approximately 100 state, county, and municipal governments;

school districts and higher education; and other special districts.

Any member of these organizations, at its discretion, may avail itself of the contracts or awards that result from this bid with reasonable allowances for service delivery areas or other material factors that can be documented as impacting the price structure. The District is not legally bound to any contractual agreement made between a cooperative member and a successful Bidder(s).

HH. Payment Method

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District’s preferred method of payment is by a Procurement Card aka pCard. Vendor should indicate whether it is able to accept pCards as a form of payment.

II. Supplier Portal Awarded contractor will be required to register in the BVSD Supplier Portal. Information and instructions will be provided upon award.

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ATTACHMENT A – DECLARATION & SIGNATURE PAGE

THIS PAGE MUST BE COMPLETED AND INCLUDED WITH THE VENDOR’S PROPOSAL RESPONSE

DECLARATION: I hereby certify that the information provided in this RFP response made to Boulder Valley School District is true and correct and I am duly authorized to submit this response. No Board of Education member, member of a District board or committee, employee of the District, or any such person’s spouse, child, parent, brother, sister, dependent, or person assuming a relationship being the substantial equivalent of the above, has a direct or indirect financial or personal interest in the proposing firm or this request for qualifications except as follows:

I acknowledge that this certificate is accurate and complete and is subject to applicable Local, State, and Federal laws, both criminal and civil. I hereby certify that the firm has reviewed this RFP and the District’s standard contract and accepts its terms and conditions, subject only to specifically requested modifications set forth in this RFP response.

(FIRM NAME)

(TYPED NAME OF AUTHORIZED AGENT)

(STREET ADDRESS)

(SIGNATURE OF AUTHORIZED AGENT)

(CITY, STATE AND ZIP CODE)

(TITLE)

(TELEPHONE NUMBER)

(COMPANY FAX NUMBER)

(EMAIL ADDRESS)

(DATE)

(FEDERAL EMPLOYEE IDENTIFICATION NUMBER)

RFP Contact Information:

If different than above, please identify point-of-contact for any questions or concerns relative to this response:

Name - Direct phone number - Email - Company Website -

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ATTACHMENT B - PRICING

Qualification for Services For qualification, the District requires your standard billing / services costs. The District will be open to renegotiate costs on an annual basis on request.

Please provide an hourly price / billing sheet for the services you provide (i.e. Review and confirm previous survey work, collect additional Samples, air monitoring, etc.)

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ATTACHMENT C- DRAFT CONTRACT

As noted in this RFP, the attached is a sample contract template. Once the RFP has been awarded a final contract similar to this will be sent for your signature.

IF YOUR COMPANY NORMALLY SEEKS LEGAL REVIEW OF CONTRACT TERMS, THIS PROCESS SHOULD OCCUR PRIOR TO SUBMISSION OF YOUR RESPONSE AND YOUR OFFER MUST IDENTIFY ANY TERM OR CONDITION YOU

ARE QUESTIONING AND HOW YOU WOULD SUGGEST IT BE RESOLVED.

Please check one and return with your response:

□ You acknowledge that you accept the terms and conditions of the consultant agreement.

IMPORTANT NOTE: Exceptions requested, or alternative language suggested, will be treated as a “counter-offer.” The willingness and/or ability of the vendor to accept or negotiate such suggested changes will be considered on a case-by-case basis. Vendor please note, IF you do offer suggested modifications, the decision to reject, accept, or further negotiate requested changes will be at the District’s discretion.

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ATTACHMENT D- Asbestos Management Plan Contractor Responsibility

It is the expectation of the Boulder Valley School District that contractors adhere to all AHERA, EPA, and Colorado Department of Public Health and Environment regulations regarding asbestos treatment and management before and during any construction, renovation or maintenance project.

To that end, contractors are expected to review the asbestos management plan before the work begins. Any activity that could potentially disturb asbestos containing building materials must be brought to the attention of BVSD Environmental Services Department prior to the start of work, and if the scope of work changes during the course of the project. Environmental Services will identify all areas of concern and facilitate any necessary abatement in order to help make all projects successful.

Therefore, contractors and their subcontractors must provide this signature sheet prior to the start of work to ensure they are aware of BVSD expectations and understand their responsibility.

I have read and understand the BVSD Asbestos Management Plan for the buildings in which I will be working. I agree not to disturb or damage any asbestos containing building materials (ACBM), which have been identified in the Asbestos Management Plan. In the event the scope of work changes during the course of the project, or our work causes us to encounter building materials that may be ACBM, we agree to notify BVSD Environmental Services immediately. If any identified ACBM is disturbed or damaged as a result of the work, the contractor and/or their subcontractor may be held financially responsible for all related remediation.

Company Name: ______________________________________________

Authorized Representative: ______________________________________ Print Signature Date: ____________

Drafted and Required by:

BOULDER VALLEY SCHOOL DISTRICT ENVIRONMENTAL SERVICES DEPARTMENT