2027 Facility Condition Assessment.pdf

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Attached to
Weston Public Schools District-Wide Facility Condition Assessment
Solicitation number
39484
Issued by
Connecticut

About this file

This is a Facility Condition Assessment document prepared for the Weston Public Schools District in Connecticut. The assessment evaluates the physical condition of district facilities and serves as the foundation for developing a comprehensive master facilities plan. The scope of work requires qualified proposers to conduct a thorough evaluation of all district buildings, document existing conditions, identify deficiencies and maintenance needs, and provide detailed recommendations for improvements, repairs, and capital investments. The assessment must include structural, mechanical, electrical, and systems evaluations, as well as accessibility and code compliance reviews. The final deliverable is a master facilities plan that prioritizes projects, establishes timelines, and estimates costs for facility improvements across the district.

The assessment will provide critical data for long-term facilities planning and budgeting decisions for Weston Public Schools. The facility condition information supports capital planning, informs maintenance schedules, and enables the district to allocate resources effectively across multiple buildings. This type of assessment is essential for school districts to understand the full scope of facility needs, prioritize investments based on urgency and educational impact, and develop funding strategies through state grants, bonds, or other financing mechanisms. The resulting master facilities plan will guide the district's capital improvement efforts and ensure that facilities support educational goals and student safety.

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Weston Board of Education

REQUEST FOR QUALIFICATION and PROPOSAL

FOR

BID # 27-002 BOE

District-Wide Facility Condition Assessment and Capital

Improvement Plan

10/16/26

Proposals due: November 18 at 10:00am

Mandatory Walk-Thru: October 28 at 10:00am, in the Business Office, Central Office Annex, 24 School Rd.

Business Office

Central Office

Weston Board of Education

24 School Road

Weston, CT. 06883

WESTON BOARD OF EDUCATION

INSTRUCTIONS TO CONSULTANTS

1. INTRODUCTION

The Weston Board of Education (the “Board”) is inviting qualified proposers to submit bids for to perform a facility condition assessment and create a master facilities plan for the Weston Public School.

This opportunity has been publicly advertised through the Invitation to Bid attached as

Exhibit A. The contract will be awarded to the Consultant determined and selected by the

Board in the manner described in Section 7 of these Instructions.

The Board reserves the right to amend or withdraw this Request for Proposals

(RFP) for any reason, to accept or reject any or all bids, to waive any informalities or non-material deficiencies in any bid submission, to award or not award a contract in connection with this RFP, and to award a contract/purchase order to the

Consultant as deemed by the BOARD to be in the best interest of the Board. The

Weston Board of Education shall be under no obligation to accept the lowest financial bid if it is deemed in the best interest of the school system.

The Board may make such investigations as it deems necessary to determine the ability of a Consultant to perform the work. The Consultant shall furnish all information and data for this purpose as the Board may request. The Board reserves the right to reject any bid if evidence submitted by the Consultant or investigation of the Consultant fails to satisfy the Board that the Consultant is properly qualified to carry out the obligations of a contract resulting from this bid. Consultant is also requested to provide an audited statement of the financial conditions of the company.

2. SCHEDULE

2.01 A mandatory walkthrough of the work areas shall take place at 10:00 am on

October 28. Any Consultant that fails to attend the walkthrough will be disqualified and any Bid submitted by such Consultant will be rejected and returned to the Consultant.

2.02 All Requests for Information must be sent to Andrew Galli at andrewgalli@westonps.org by 2:00pm on November 12. Requests for

Information and the BOARD’s responses thereto will be posted as addenda on www.westonps.org

2.03 Bids must be submitted no later than 10:00 AM on November 18 (the “Bid

Deadline”).

2.04 Selected consultants will be called in for interviews, which are tentatively scheduled for the week of December 14th.

3. CONTENTS OF BIDS

3.01 Bids must include the following:

- Completed and fully executed Bid Form attached hereto as Exhibit C. The

Bid Form must be executed by a duly authorized representative of the

Consultant having legal authority to contract on behalf of the Consultant.

- The information and documents listed on Exhibit D.

3.02 Please note the Selection Process described in Section 7 of these Instructions.

3.03 The term “RFQ/RFP” shall mean and include these Instructions to Consultants and all exhibits and schedules attached hereto and such other documents and information as may otherwise be incorporated herein by reference.

4. SCOPE OF THE WORK

4.01 The scope of the work for the Project is described on Exhibit B (the “Work”).

5. QUESTIONS and ADDENDA

5.01 Questions regarding this RFQ/RFP shall be made to the Board by email to

Andrew Galli at andrewgalli@westonps.org.

5.02 Addenda

- Addenda will be posted on the Board’s website: www.westonps.org

- Interpretations or changes to, or corrections of, the RFQ/RFP, or substitutions made in any manner other than by way of an Addendum will not be binding, will be of no force and effect and Consultants shall not rely upon them.

6. DELIVERY OF BIDS

6.01 Bids must be delivered by mail in sealed envelopes clearly marked with the name and address of the Consultant and the words “Response to RFP 27-002 BOE, District-Wide Facility Condition Assessment and Capital Improvement Plan” to Business office, Central Office, Weston Board of Education, 24 School Road, Weston, CT. 06883. The Board has no responsibility for any delays caused by the delivery process chosen by the Consultant.

6.02 Bids must contain the items described in Section 3 of these Instructions.

7. SELECTION PROCESS

7.01 The Board will be responsible for evaluating the responses for the selection of the

Consultant based on a Quality Based Selection. The Board reserves the right to award to the consultant they deem most appropriate to comlete the scope of the work.

In determining the Lowest Responsible Qualified Consultant, the following criteria will be considered as applicable:

- Previous experience and references for similar completed work

- The ability and capacity of the Consultant to perform the Work based on an evaluation of the character, integrity, reputation and experience of the

Consultant. Consideration shall be given to previous work performed by the

Consultant for the Board or for other government agencies, including the quality and degree of satisfaction with the work performed.

- Compliance by the Consultant with all applicable federal, state, and local laws, including any licensing requirements.

- Ability to meet the project delivery schedule.

- Proposed Fee

- Involvement in litigation.

The Board will award the Contract to the Consultant the Board believes to offer the best combination of price and quality. The Board is not required to award the Contract to the Consultant submitting the lowest Bid Price and this selection process may result in the award of the Contract to other than the lowest Consultant if determined by the Board to be in the best interests of the school system. The Board also reserves the right to award the project to more than one Consultant.

7.02 Any Bid not including the attendant submissions required hereunder shall be considered unresponsive and may be rejected by the Board.

7.03 The Board also reserves the right to negotiate further with one or more of the firms as to any features of their Bids and to accept modifications and clarifications of the Bid when such action will be in the best interests of the school.

7.04 Consultants whose Bids are deemed unacceptable will be notified promptly.

8. THE CONTRACT

8.01 The Board intends to use, and the successful Consultant will be required to execute and deliver, a contract/purchase order in a form acceptable to the Board.

Notwithstanding the foregoing, the Board reserves the right to modify the contract prior to its execution.

9. INSURANCE REQUIREMENTS

9.01 The insurance requirements to be met by the successful Consultant are set forth on Exhibit E to this RFP.

10. FURTHER INFORMATION AND REQUIREMENTS

10.01 NONDISCRIMINATION

The BOARD prohibits harassment and discrimination on the basis of race, color, religious creed, age, marital status, military or veteran status, national origin, sex, ancestry, sexual orientation, or past or present physical or mental disability in accordance with Titles VI, VII of the Civil Rights Act of 1964, Title IX of the

Education Amendments Act of 1973; Section 504 of the Rehabilitation Act of 1973;

the Americans with Disabilities Act of 1991; and applicable state laws.

As part of its Bid submission each Consultant shall submit the signed Statement of

Policy attached hereto as Exhibit F confirming the Consultant’s equal opportunity policies.

10.02 BACKGROUND CHECK REQUIREMENTS AND STUDENT SAFETY

The successful Consultant will be required to comply with all applicable laws including, without limitation, the requirements set forth on Exhibit H hereto.

10.03 PROHIBITED INTEREST

No member, officer or employee of the Board, or member of a local public agency having jurisdiction within the Board, during his or her tenure or one year thereafter, shall be permitted to share in, have interest in or benefit from, directly or indirectly, any contract or agreement resulting from this RFP.

EXHIBITS TO THESE INSTRUCTIONS:

Exhibit A: Invitation to Bid

Exhibit B: Scope of the Work

Exhibit C: Bid Proposal Form

Exhibit D: Submission Requirements

Exhibit E: Insurance Requirements

Exhibit F: Statement of Policy re: Equal Opportunity

Exhibit G: Non-collusion Affidavit

Exhibit H: Background Check Requirements and Student Safety

Exhibit A

Invitation to Bid

PUBLIC NOTICE

INVITATION TO BID

WESTON BORARD OF EDUCATION

The Weston Board of Education (“Board”) is issuing an Invitation to Bid for Bid# 27-002

BOE, District-Wide Facility Condition Assessment and Capital Improvement Plan.

The RFQ/RFP are accessible on the Board’s website at www.westonps.org

In the event of a conflict between the RFQ/RFP and this Notice, the terms of the

RFQ/RFP shall govern.

All Addenda will be published on the Board’s website referenced above.

The Board reserves the right to amend or withdraw this Request for Qualifications /

Proposals (RFQ/RFP) for any reason, to accept or reject any or all bids, to waive any informalities or non-material deficiencies in any bid submission, to award or not award a contract in connection with this RFQ/RFP, and to award a contract/purchase order to the Consultant as deemed by the Board to be in the best interest of the Board. The Board shall be under no obligation to accept the lowest financial bid if it is deemed in the best interest of the school system.

The Board may make such investigations as it deems necessary to determine the ability of a Consultant to perform the Work. The Consultant shall furnish all information and data for this purpose as the Board may request. The Board reserves the right to reject any bid if evidence submitted by the Consultant or investigation of the Consultant fails to satisfy the Board that the Consultant is properly qualified to carry out the obligations of a contract resulting from this bid. Consultant is also requested to provide an audited statement of the financial conditions of the company.

Responses to the RFQ/RFP should be delivered in a sealed envelope in the manner and clearly marked as described in the RFQ/RFP. All bids must be received by 10:00am on

November 18, 2026. The RFQ/RFP contains a detailed scope of work and important deadlines and other bidding requirements.

Exhibit B

Scope

The Scope of Services consists of conducting thorough assessments of the current conditions of the buildings on the Weston Public Schools campus. The Consultant shall apply the standards in ASTM E2018-24 and industry best practices in preparing the facility condition assessment. The facility condition assessment shall be used to inform estimated remaining useful life of key facility components/systems and preparation of a

10-year capital and expenditure plan, which will serve as the Facilities Master Plan and include estimated costs and timing for recommended maintenance or replacement of facilities and/or key facilities components/systems.

I. Facility Condition Assessment

A school by school facility evaluation by inspection by the firm’s staff including architects, engineers, and consultants in order to determine the condition of the school facilities, including parking lots, school grounds, and septic systems, with regard to code compliance, deferred maintenance, potential hazards, and compliance with depreciation/replacement schedules for roofs, heating systems, ADS issues, and other facilities issues.

• i. Review available documentation related to the Facilities Study for each listed facility.

• ii. Conduct thorough visual, non-destructive condition assessments of the entirety of the facilities (exterior and interior), grounds, components, and building systems in accordance with ASTM E2018-24 for preparing property condition assessments. Generally, all aspects of the facilities will be made accessible, including the roof, interior areas, mechanical, electrical rooms and common areas.

• iii. Assess superstructure systems, substructure systems, exterior envelope

(including roof, façade, windows and doors), mechanical, electrical, plumbing and fire (MEPF) systems, HVAC, generators (remaining useful life, if properly sized, can equipment be added) security systems, access control systems, building site work systems, and utilities serving the facility to determine the current condition and code compliance of the facility and identify physical or operational deficiencies.

• iv. Provide an estimate of the remaining useful life for each facility component and develop an overall condition rating for the facility.

• v. Provide a general statement of a facility’s conformance with Title III of the

Americans with Disabilities Act (ADA) based upon limited visual observation during the field assessment. A full ADA survey or measurements to verify ADA compliance are not expected to be assessed.

• vi. Identify suspected hazardous materials such as building components and stored materials suspected to contain hazardous materials; e.g., asbestos, lead, petroleum products, etc. for further study and analysis.

• vii. Evaluate the suitability of the existing building for its current use and identify any limitations or challenges related to its age and design.

• viii. Make visual observations, collect direct measurements when necessary and take photos to document and help assess existing conditions.

• ix. The Board of Education will provide facility site plans, floor plans, “as built” drawings, inspection reports, building systems maintenance records and other information related to the Facilities Study to the extent it is available.

II. Facilities Master Plan

• i. Based on findings from the Facilities Study including the Facilities Condition

Assessment, develop a master plan to address recommended capital maintenance and/or facility replacements.

• ii. Develop estimated costs to correct identified deficiencies or conduct recommended capital repairs or replacements. Estimated costs are to be probable construction cost estimates that are based on construction standards.

• iii. Develop a ranking system and prepare a prioritized schedule of repair and/or replacement over a 10-year period. Provide a separate chart with estimated costs escalated based on the prioritized schedule.

• iv. Provide as an option sustainability driven replacement options/recommendations.

III. Deliverables

• i. Consultant will attend meetings as needed and prepare meeting materials including agenda, presentation materials as needed, and meeting notes.

• ii. Ongoing progress update/status.

• iii. Assist Board of Education staff, and participate in report generation and presentation to Town Boards as requested, including Board of Education, Board of Selectmen, and Board of Finance.

• iv. Final report plus accompanying presentation with overview of project and summary of the final report.

• v. Electronic and hard copies of the final report, facility assessments, inspection findings, photos, etc.

Exhibit C

Bid Proposal Form

Weston Board of Education

Project: Bid# 27-002 BOE

The undersigned hereby proposes and agrees to fully perform the Work for the Project including, in accordance with the RFQ/RFP for the Base Bid amount set forth below.

Base Bid Amount Cost: _______________

Names of Subcontractors to be utilized on the Project, if any:

Provide a list of hourly rates for all staff to be utilized for additional requests or change in scope.

By its signature below, the undersigned hereby:

1. Agrees and warrants that if selected as contract awardee for the Work, undersigned shall, within 7 days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the Board, execute a contract in accordance with the terms of this general bid and the Instructions to Consultants;

2. Represents that the undersigned has read and understood the RFQ/RFP, INCLUDING ALL EXHIBITS, which are Exhibit A through Exhibit H, and the

Addenda set forth above;

3. Certifies that, as _______________(Title/Capacity) of the Consultant, all of the information and material included in Consultant’s bid submission is complete, accurate, and true; and

4. Understands the terms and conditions of the RFQ/RFP, and understands that, if any information submitted by or on behalf of the Consultant is found to be incomplete, inaccurate, or false, or if any attempt to mislead the Board is discovered, either during the evaluation or subsequent to any award, the same me may result in the disqualification of the Consultant and/or the immediate termination of the Contract.

Signature ________________________ Date __________________________

Name ____________________________ Title ___________________________

Signed this ____ day of _____________, 2026 by:

Print Name: _______________________, Title_________________

Exhibit D

Submission Contents

Bids should include the following information and documents organized and presented as provided and in the form listed below:

1. Consultant Identity and Contact Information: Provide basic information regarding the identity and contact information of the Consultant. [Use Exhibit D-1]

2. Consultant’s History and General Qualifications: Provide a general statement of the

Consultant’s history and qualifications for the Project. [Use Exhibit D-2]

3. References: Provide references and the other information for at least three projects the Consultant has completed or is currently working on for educational institutions

(preferably located in Connecticut) which projects are similar in character and scope to the Project. [Use Exhibit D-3] By submission of a proposal in response to the RFP, each Consultant authorizes the Board to contact the Consultant’s disclosed references regarding the services performed by the Consultant in each case.

4. Litigation: Descriptions of all pending and threatened litigation or arbitration in which the Consultant is named as a party as well as any judgments entered against the Consultant during the last five years. [Use Exhibit D-4]

5. Along with the information to be provided above, the Consultant shall submit the following:

● Fully completed Bid Proposal Form [Use Exhibit C]

● Completed and Executed Non-Collusion Affidavit [Use Exhibit G]

● If applicable, a list of the names and addresses of proposed subcontractors that will perform any part of the Work for the Project on behalf of the

Consultant. The Board reserves the right to reject any or all proposed subcontractors. The Board hereby reserves the right to allow a Consultant whose subcontractor or subcontractors are rejected hereunder, to re-submit a Bid with subcontractors acceptable to the Board.

Exhibit D-1

CONSULTANT IDENTITY

Consultant to provide the following:

Name and Address of Consultant:_______________________________________

Designated Representative:

- Name: _______________________________________

- Phone Number: ________________________________

- Email address: _________________________________

Exhibit D-2

HISTORY AND QUALIFICATIONS

Consultant provide the following:

A brief history of the firm

Qualifications

Staff proposed for the work along with resumes

A list of similar work for which the company has provided in the last five years – include a list of school districts for which the firm has completed similar feasibility studies

Exhibit D-3

REFERENCE CHECK

Please provide three (3) references:

1. ___________________________________________

Name

Contact Person

Telephone Number

Period of Contract

Type of Services Provided to Reference

2. ___________________________________________ Name

Contact Person

Telephone Number

Period of Contract

Type of Services Provided to Reference

3. ___________________________________________ Name

Contact Person

Telephone Number

Period of Contract

Type of Services Provided to Reference

Exhibit D-4

PENDING OR THREATENED LITIGATION

For cases pending, please provide the following information for each matter:

1. Parties (suing or being sued)

2. Docket Number and Court

3. Brief Description and Status

JUDGMENTS

Please provide the following information for each matter:

1. Parties (suing or being sued)

2. Docket Number and Court

3. Brief Description and Amount of Judgment

(Attach additional sheets, if necessary.)

Exhibit E

Insurance Requirements

The successful Consultant (referred to as the “Contractor/ “Vendor” on this Exhibit E) shall purchase from and maintain in a company or companies with an A.M. Best rating of A- (VII) or better, the insurance described below:

1. Workers’ Compensation. The contractor shall provide workers compensation insurance required by law with employers liability limits for at least the amounts of liability for bodily injury by accident of $ 500,000 each accident and bodily injury by disease of $500,000 including a waiver of subrogation.

2. Commercial General Liability Insurance. The contractor shall provide commercial general liability insurance policy with an edition date of 1986 or later including products and completed operations. Limits should be at least: Bodily injury & property damage with an occurrence limit of $1,000,000: Personal & advertising injury limit of $1,000,000 per occurrence: General aggregate limit of $2,000,000 (other than products and completed operations): Products and completed operations aggregate limit of $2,000,000.

The policy shall name the Town of Weston and the Weston Board of Education as an additional insured and include ISO Form CG 2010 (07/04) and CG 2037

(07/04).

Such coverage will be provided on an occurrence basis and will be primary and shall not contribute in any way to any insurance or self-insured retention carried by the Town.

The policy shall contain a waiver of liability in favor of the Town.

Such coverage shall contain a broad form contractual liability endorsement or wording within the policy form.

A per project aggregate limit of liability endorsement shall apply for any construction contract.

Deductible and self-insured retentions shall be declared and are subject to the approval of the Town.

3. Commercial Automobile Insurance. The contractor shall provide commercial automobile insurance for any owned autos (symbol 1 or equivalent) in the amount of

$1,000,000 each accident covering bodily injury and property damage on a combined single limit basis. Such coverage shall also include hired and non-owned automobile coverage.

4. Umbrella Liability Insurance. The contractor shall provide an umbrella liability policy in excess (without restriction or limitation) of those limits described in items (A) through (C). Such policy shall contain limits of liability in the amount of $5,000,000 each occurrence and $5,000,000 in the aggregate.

Unless otherwise provided above, the foregoing insurance shall be in effect no later than the date of execution of the Contract and shall continue in effect until three years after substantial completion of the Project. The insurer(s) and/or their authorized agents shall provide the Board certificates of insurance prior to execution of the Contract. The insurer shall give 30 days notice of cancellation or non-renewal.

Exhibit F

EQUAL OPPORTUNITY

Regional School District No. 12 is committed to the principles of equal employment. We are committed to complying with all federal, state, and local laws providing equal employment opportunities, and all other employment laws and regulations. It is our intent to maintain a work environment free of harassment, discrimination, or retaliation because of age, race, color, national origin, ancestry, religion, sex (including transgender status, gender identity or expression, sexual orientation, or civil union status), pregnancy (including childbirth, lactation and related medical conditions), physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service member status, or any other status protected by federal, state, or local laws.

STATEMENT OF POLICY

It is the employment policy of _____________________________[Name of Consultant] that there shall be no discrimination against anyone on the grounds of age, race, color, national origin, ancestry, religion, sex (including transgender status, gender identity or expression, sexual orientation, or civil union status), pregnancy (including childbirth, lactation and related medical conditions), physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service member status, or any other status protected by federal, state, or local laws in the hiring, upgrading, demotions, recruitment, termination and selections for training.

Name of

Consultant:__________________________

By:

Date: Name:

Title:

Telephone Number Street Address

Email City/State

Exhibit G

STATEMENT ON NON-COLLUSION AND OTHER PRACTICES

The undersigned hereby declares to the Weston Board of Education (“Board”) that:

1. This Bid Submission is made without any connection with any other person or entity making any proposal for the same services, that it has been prepared and submitted in good faith, that it is in all respects fair and without collusion or fraud and that no person acting for or employed by the Board is directly or indirectly interested in the proposal or in the services to which it relates, or in any portion of the profits therefrom.

2. Consultant hereby declares that the only persons participating in the Bid as

Principals are named in its Bid Submission and that no person other than those mentioned in its

Bid Submission has any participation in the Bid or in any contract to be entered into with respect thereto. Additional persons may subsequently be included as participating Principals, but only if acceptable to the Board.

3. The Consultant’s Bid Submission is genuine and is not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

4. Consultant has disclosed to the Board, in writing, any and all Principal(s) of

Consultant who are members or employees of the Board, or the immediate relative of Board members or employees. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.

5. Consultant has not directly or indirectly induced or solicited any other prospective

Consultants to submit a false or sham Bid.

6. Consultant has not solicited or induced any individual or entity to refrain from submitting a Bid.

7. Consultant has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph:

A. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of the procurement process, except as otherwise disclosed to the Board in writing;

B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the procurement process to the detriment of the Board, (b) to establish proposal prices at artificial non-competitive levels, or (c) to deprive the Board of the benefits of free and open competition;

C. “collusive practice” means a scheme or arrangement between two or more

Consultants, with or without the knowledge of the Board, a purpose of which is to establish proposal prices at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the Contract.

Consultant’s Name

By: _______________________________

Name:

Its:

Date:

STATE OF CONNECTICUT )

) ss.:

COUNTY OF )

Subscribed and Sworn to before me on this _____day of___________, 2026.

Notary Public

Exhibit H

Background Check Requirements:

If awarded the contract/purchase order, Contractor/Vendor shall comply with all applicable

Legal Requirements including, without limitation, Connecticut General Statutes Section 10-222c, as applicable. Contractor will be responsible for fulfilling the fingerprinting requirements, background check requirements, and drug alcohol testing requirements pursuant to State

Department of Education, and Board policies

If awarded the Contract for this Project, the Contractor will be required to warrant to the Board that the Contractor will not assign any portion of the Work to be performed on the Project to any individual (whether an employee, independent contractor, agent or otherwise) unless the

Contractor has completed a background check on such individual in compliance with the

Contract requirements and the Contractor deems the individual suitable to perform Work on school property in the presence of students.

The background check must minimally include state and federal criminal arrest information, a check of the national and state sex offender registries and a social security number verification.

Under no circumstances will the Contractor permit any individual to perform Work if such individual (i) was convicted of a crime involving sex, violence or larceny; or (ii) does not have the legal right to work in the United States.

Prior to any individual entering upon school property, the Contractor shall provide to the Board list of the individuals that will be performing Work on the Project along with letter(s) of confirmation signed by the Contractor that the Contractor has complied with the foregoing obligations as to such individuals and the Contractor deems the individuals suitable to perform

Work on school property in the presence of students.

The Contractor shall immediately remove any individual performing Work on the Project from school property and from the Project if it becomes known to the Contractor that such person may be a danger to the health or safety of the school community or its students, or at the request of the Board, in its sole discretion.

All fees associated with these background checks shall be the responsibility of the Contractor.

The Contract shall provide also provide that the Contractor shall defend, indemnify and hold harmless the Board and all of its employees, agents and/or assigns for any claims, suits or proceedings resulting from a breach of the Contractor’s foregoing warranty and/or that are caused in whole or in part by the actions or omissions of the Contractor, its employees, or other persons that the Contractor causes to be on school property.

Student Contact Prohibited: The scope of the Work does not, and will not under any circumstances, require any student contact. The Contractor, its subcontractors, and their respective employees, agents and representatives are hereby prohibited from making any verbal, physical, telephonic or electronic contact of any kind with any student or any other minor person on school property, without limitation, whether inside or outside of any school facility. The

Contractor shall immediately remove any individual performing Work from school property if it becomes known to the Contractor that such person may be a danger to the health or safety of the school community or its students, or at the request of the Board, in its sole discretion. The

Contractor shall include, and shall require its subcontractors to include, this section in all subcontracts applicable.

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