7-RFQ 26-005 Design Engineering Services.pdf

Dayton Board of Education

136 S. Ludlow St.

Dayton, Ohio 45402

Request for Qualifications 26-004

Architectural and Engineering Services for Dayton Public Schools

Electronic Proposals will be accepted until 12:00 p.m., October 24, 2025.

All submissions must be uploaded to the DPSD Bonfire Public Portal at https://dps.bonfirehub.com/opportunities/ See Submission Instructions, Exhibit II of this document.

RFQ:

Date:

26-004 October 9, 2025

Table of Contents

Legal Notice 1

Sections

1.0 Purpose 2

2.0 Background 3

3.0 Scope of Services 3

4.0 Instructions for Submission 4

5.0 Submittal Requirements 6

6.0 8

7.0 9

8.0 10

9.0 11

10.0 16

11.0 18

12.0

Upload the following as instructed in Bonfire Submission Instructions:

Statement of Qualifications containing all sections as indicated in Section 5.0 Submittal

Requirements

Attachment II - Non-Collusion Form

Attachment III - Affidavit of Disclosure of Delinquent Property Taxes

Attachment IV - Affidavit for Affirmative Action Hiring Practices

Attachment V - DPSD EDBE/EDGE and Workforce Utilization Form

Attachment VI - EDGAR CERTIFICATIONS

Firm’s W-9 Form

Exhibits

Format

Terms and Conditions and RFQ Process

Proposal Evaluation Process

Terms and Conditions

Termination Clause

Additional Information, Terms, and Conditions

Table of Contents

Exhibits - Review and download in Bonfire Project Files

Exhibit I - DPSD Professional Services Agreement

Exhibit II - Bonfire Submission Instructions

Exhibit IP I - IP IV - DPS Community Inclusion Program (CIP)

LEGAL NOTICE

On October 9, 2025, DPSD will post a formal solicitation, RFQ 26-004 to procure Architectural and Engineering Services for Dayton Public Schools at dps.bonfirehub.com. All interested parties, potential Respondents, and those seeking to do business are hereby notified that this web site will be updated periodically to include additional documentation. Interested parties, potential Respondents, and those seeking to do business must continuously check this web site to make sure to receive any additional information posted regarding this solicitation.

All questions pertaining to this solicitation will be accepted in writing only through dps.bonfirehub.com until October 17, 2025, 12:00 p.m. local time.

Sealed Proposals to provide will be accepted until 12:00 noon, local time, October 24, 2025.

Responses must be submitted electronically at https://dps.bonfirehub.com.

Firms submitting Qualifications must be approved by the Human Relations Council of the City of Dayton and must submit with their Response evidence of such approval.

Based on Ohio Revised Code 5719.042, DPSD requires that all firms submit with their Response an affidavit affirming status of delinquency on property taxes.

DPSD reserves the right to accept or reject any or all Qualifications resulting from above.

DAYTON BOARD OF EDUCATION

Chrisondra Goodwine, President

Hiwot Abraha, Treasurer

Advertising Dates: October 9 & 16, 2025

Proposal Due Date: October 24, 2025 https://dps.bonfirehub.com/opportunities/2077

1.0 PURPOSE

Dayton Public Schools is requesting Statements of Qualifications (SOQs) from qualified architectural and engineering firms to provide comprehensive design and consulting services in connection with current and future facility projects. These services may include, but are not limited to, new construction, additions, renovations, systems upgrades, and maintenance of educational facilities throughout the district.

All services shall be provided in accordance with applicable federal, state, and local laws, including the Ohio Revised Code (ORC §§ 153.65–153.71) governing qualifications-based selection (QBS) for design professionals.

1.2 Proposal Due Date

Sealed Proposals for this solicitation will be accepted until 12:00 p.m. EST on October 24, 2025.

Responses must be submitted electronically to DPS.Bonfirehub.com (see Exhibit II Bonfire Submission Instructions).

1.3 Inquiries

Inquiries and responses regarding this solicitation can be made only during the inquiry period listed, and through the Bonfire website. No queries shall be made in regard to this solicitation to Board members or employees of the district outside of this process. Responses to inquiries will be made available as indicated in this document. Offerors submitting inquiries will not receive a personalized response.

1.4 Schedule

The schedule for this procurement is given below. If DPSD changes this schedule before the proposal due date, it will do so through a Bonfire announcement and/or by an amendment to this solicitation.

It is each prospective Offeror’s responsibility to check Bonfire regularly for updates, Q&A or amendments regarding this solicitation.

RFQ Issued Last day for Questions Proposal Due Date Recommendations to DBOE

October 9, 2025 October 17, 2025, by 12:00 p.m. local time October 24, 2025, by 12:00 p.m. local time November 18, 2025, Business Meeting

2.0 BACKGROUND

2.1

2.2

2.3

2.4

2.5

The Dayton Public Schools District is a large urban school district with 2,400 employees and approximately 13,000 students attending the DPSD approximately 32 instructional and operational facilities. As with most urban educational environments, DPSD is challenged with decreasing resources, while tasked with providing high quality and maximized value solutions for the students, staff and families served. Any firm awarded a contract as a result of this solicitation must anticipate a partnership relationship with DPSD that benefits the students and families of this district.

Bid Software DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit II in this document. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals. It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

General Information All Proposers are expected to carefully examine the RFQ documents. Any ambiguities or inconsistencies should be brought to the attention of the individual identified in this RFQ. It is believed that all information necessary to complete a response is included in this RFQ. It is the responsibility of the Proposer to obtain clarification of any information contained herein that is not fully understood.

Proposer Responsibilities All proposers will be responsible for:

a. have examined the Request for Qualifications and all referenced citations of judicial decisions, statutory authority, and local policy.

b. have become familiar with the nature and scope of the Services required by the District; and

c. identify any local conditions that may affect the labor availability, administrative rules and other factors that may impact the District’s timeline for completion of the Services.

Rights of the Dayton Public School District

The District reserves the right to require additional information from Proposers and to conduct necessary investigations to determine Proposer performance and to determine the accuracy of Proposal information.

Proposer Conduct During the RFQ process, proposers are not permitted to contact any DPSD Board Member or employee unless at the request of DPSD’s designated project manager. Communications regarding this RFQ will be accepted only in writing. No gratuities of any kind will be accepted including meals, gifts, or trips.

Violation of these conditions will subject any proposer to immediate disqualification.

https://dps.bonfirehub.com/opportunities

3.0 Scope of Services

The selected firm(s) may be required to provide full A/E services, including but not limited to:

• Facility Assessments & Master Planning

• Feasibility Studies

• Programming & Educational Visioning

• Schematic Design, Design Development, and Construction Documents

• Cost Estimating & Value Engineering

• Building Systems Design (HVAC, Electrical, Plumbing, Structural, Civil)

• Interior & Landscape Design

• Construction Administration

• Code Compliance Review (local, state, ADA)

• Coordination with OFCC (if applicable)

• Community Engagement & Presentation Support

Services may be requested for one or more of the following anticipated projects:

[Elementary school additions, HVAC upgrades, district-wide security improvements, etc.]

4.0 INSTRUCTION FOR SUBMISSION

DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit II Bonfire Submission Instructions. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals.

It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

A. RFQ Information

1) All Proposers are expected to carefully examine the RFQ documents. Any ambiguities or inconsistencies should be brought to the attention of DPSD through the Bonfire Portal for this project. It is believed that all information necessary to complete a response is included in this RFQ. It is the responsibility of the Proposer to obtain clarification of any information contained herein that is not fully understood.

2) The Proposer, by and through the submission of a Proposal, agrees to be held responsible for:

a. having examined the Request for Qualifications and all referenced citations of judicial decisions, statutory authority, and local policy.

b. having become familiar with the nature and scope of the Services required by the District; and

3) identifying any local conditions that may affect the labor availability, administrative rules.

https://dps.bonfirehub.com/opportunities and other factors that may impact the District’s timeline for completion of the Services.

3.) Rights of the Dayton Public School District The District reserves the right to require additional information from Proposers and to conduct necessary investigations to determine Proposer performance and to determine the accuracy of Proposal information.

4) Written Inquiries

Proposers may make inquiries concerning this RFQ to obtain clarification of the requirements. Inquiries must be submitted no later than close of business on the date specified in this document.

B. Proposer Conduct

During the RFQ process, proposers are not permitted to contact any DPSD Board Member or employee unless at the request of DPSD’s designated project manager. Communications regarding this RFQ will be accepted only in writing. No gratuities of any kind will be accepted including meals, gifts, or trips. Violation of these conditions will subject any proposer to immediate disqualification.

5.0 Submittal Requirements

Firms shall submit all documents listed below. All submittals must be uploaded to the Bonfire online portal:

5.1 Statement of Qualifications: Firms shall submit a Statement of Qualifications containing the following:

A. Attachment I General Information Questionnaire Firm Overview Firms should complete Attachment I - General Information Questionnaire. This form must be signed by a person with signatory authority to contract.

B. Team Qualifications

• Key personnel bios/resumes, including project manager(s), lead architect(s), and engineers

• Organizational chart

• Roles and responsibilities for each team member

C. Relevant Experience

• Description of at least three (3) comparable K–12 projects completed within the past ten (10) years

• Project size, location, budget, year completed

• Services performed

• Client references (name, title, phone, email)

D. Technical Approach

• Description of your firm’s approach to the design process, collaboration, sustainability, and budget/schedule management

• Quality control and assurance methods

• Familiarity with OFCC guidelines or the Ohio School Design Manual (if applicable)

E. Capacity & Availability

• Statement of ability to staff and begin work immediately

• Description of current workload

F. Legal & Insurance Information

• Evidence of required insurances (General Liability, Workers’

Compensation, Professional Liability)

• Statement of any current or pending litigation or claims

5.2 Attachment II - Non-Collusion Form

Per the laws of the State of Ohio, no Respondent may engage in activities with any other firm or organization to manipulate pricing or hinder competition. All Respondent must complete and submit the non-collusion form with the solicitation Response.

5.3 Attachment III - Affidavit of Disclosure of Delinquent Property Taxes Based on Ohio Revised Code 5719.042, the Dayton Board of Education requires that all firms submit with their Proposal an affidavit affirming status of delinquency on property taxes. The Affidavit affirms that there are no delinquent property taxes must be completed, signed, notarized and submitted with the solicitation Response.

5.4 Attachment IV - Affidavit for Affirmative Action Hiring Practices Firms submitting Proposal must affirm that hiring practices meet federal guidelines for affirmative action. Upon contracting, the firm’s Affirmative Action plan must be approved by the Human Relations Council (HRC) of the City of Dayton (or another approved agency) and must submit with their evidence of such approval. Firms interested in bidding for future contracts with DPSD should complete submit application at the link below. Approval by HRC must be received prior to contract. http:// daytonhrc.org/

5.5

5.6

5.7

Attachment V - DPSD EDBE/EDGE and Workforce Utilization Form DPSD EDBE/EDGE Workforce Utilization Form should be completed and submitted with proposal. Good faith effort documentation should be uploaded with this form to give evidence of compliance with the DPSD Community Inclusion Program, see details in Appendix IP.

Attachment VI - EDGAR CERTIFICATIONS Firms must certify and agree to the required contract provisions for non-federal entities' contracts under federal awards. Certifications and provisions are required and apply only when the District expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the District and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds, and only to the extent applicable to the contract type or dollar amount referenced in EDGAR CERTIFICATIONS Attachment.

W-9

Firm shall complete, sign, and upload current W-9

6.0 EXHIBITS

6.1 Exhibit I - DPSD Professional Services Agreement

It is the intent of DPSD to utilize the Professional Services Agreement in Exhibit I.

Please review Exhibit I DPSD standard service agreement and provide concurrence that this is an acceptable contract document. Ability to accept this document will be evaluated as a condition of vendor responsiveness. Firm(s) responding to this solicitation must acknowledge acceptance or rejection of the document by indicating Y/N when submitting response. If proposing alternate terms and conditions, this documentation must be uploaded to Bonfire for consideration.

6.2 Exhibit II - Bonfire Submission Instructions

DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit II Bonfire Submission Instructions. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals. It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

6.3 Exhibit IP-I - IP-IV – DPS Community Inclusion Program (CIP) In January 2004, the Dayton Board of Education approved a resolution enacting the DPS Community Inclusion Program. The premise of this program is that firms doing business with DPS will make good faith efforts to actively seek local and economically disadvantaged business enterprises (EDBE) and/or State of Ohio EDGE certified firms for the engagement of all contracts related activities in regard to the proposed offerings for this project. Goals and guidelines of the DPS CIP are outlined in appendix annotated above. OFFERORS MUST COMPLETE AND

UPLOAD THE DPS EDBE/EDGE PROVIDER AND WORKFORCE

PARTICIPATION FORM with the solicitation response, regardless of the expected level of participation. Supplemental documentation showing good faith effort should be submitted in addition to this form. Any questions concerning the DPS CIP should be addressed through Bonfire. See details in Appendix IP.

7.0 FORMAT

7.1 Format of Proposals

Dayton Public Schools wants clear and concise Proposals. But Offerors should take care to completely answer questions and meet the RFQ’s requirements. See Exhibit II. All Offerors are on notice that DPSD will not be liable for any costs incurred by an Offeror in responding to this RFQ, regardless of whether DPSD awards the Contract through this process, decides not to go forward with the Contract, cancels this RFQ for any reason, or awards the contract through some other process or issuing another RFQ.

7.2 Acknowledgment of Binding

By submitting a Proposal, the Offeror acknowledges that it has read this RFQ, understands it, and agrees to be bound by its requirements. The Offeror also agrees that the Contract will be the complete and exclusive statement of agreement between DPSD and the Offeror and will supersede all communication between the parties regarding the Contract’s subject matter.

8.0 TERMS AND CONDITIONS AND RFQ PROCESS

8.1 Acceptance of Terms and Conditions and RFQ Process

Dayton Public Schools may reject any Proposal if the Offeror takes exception to the terms and conditions of the RFQ, fails to comply with the procedure for participating in the RFQ process, or the Offeror’s proposal fails to meet any requirement of this RFQ. Dayton Public Schools may also reject any Proposal it believes is not in its interest to accept and may decide not to do business with any of the Offerors responding to this RFQ.

8.2 Ownership of Proposals

All Proposals and other material submitted will become the property of DPSD and will not be returned. Proprietary information may not be included in a proposal or supporting materials because DPSD will have the right to use them, except for cost information, any materials or ideas submitted in any Proposal without compensation to the Offeror. Dayton Public Schools will retain all Proposals or a copy of them, as part of the contract file, for at least three

(3) years. After the retention period, DPSD will destroy, or otherwise dispose of the Proposals or the copies.

8.3 Waiver of Defects

Dayton Public Schools has the right to waive any defects in any Proposal or in the submission process followed by an Offeror. But DPSD will only do so if it believes that it is in DPSD’ interest and will not cause any material unfairness to other Offerors.

8.4 Amendments to Proposals

Amendments to or withdrawals of Proposals will be allowed only if the amendment or withdrawal is received before the Proposal due date. No amendment or withdrawals will be permitted after the due date, except as expressly authorized by this RFQ.

8.5 Alternative Proposals

All Offerors must respond to solicitation requirements. Any alternate proposals must be submitted separately and marked “Alternate Proposal”.

8.6 Ownership of Deliverables

All custom work done by the Offeror and covered by this Contract will be treated as “work for hire” on the behalf of DPSD, with all rights, title, and interest in all intellectual property that come into existence through the Offeror’s custom work being assigned to DPSD.

Additionally, the Offeror waives any author's rights and similar interests retained in custom-developed material.

8.7 Non-Appropriation of Funds

Any Contract resulting from this Request for Qualifications is subject to appropriation of funds BY THE DPSD for each fiscal year(s) for services listed herein. No legal liability on the part of DPSD arises until funds are made available for this contract.

8.8 Offer Expiration

All offers shall remain open for 120 days following the date established for submission of offers and for such longer time as is mutually agreeable.

9.0 PROPOSAL EVALUATION PROCESS

9.1 Disclosure of Proposal Contents

DPSD will seek to keep the contents of all Proposals confidential until the Contract is awarded. DPSD will also prepare a registry of Proposals containing the name and address of each Offeror. The registry will be made available for public inspection after the Proposals are opened.

9.2 Rejection of Proposals

Dayton Public Schools shall reject any late Proposal. Dayton Public Schools may reject any Proposal that is not in the required format, does not address all requirements of this RFQ, or that DPSD believes is excessive in price or otherwise not in its interests to consider or accept. In addition, DPSD may cancel this RFQ, reject all the proposals, and seek to execute the contract through a new RFQ or other means.

9.3 Proposal Evaluation Overview

The evaluation process may consist of up to five distinct phases:

1. The Procurement Representative’s Initial Review

2. The Evaluation Committee’s evaluation of the technical, cost, past performance and compliance proposal

3. Interviews and/or Presentations

4. Negotiations

5. Award

If the committee finds that one or more Proposals should be given further consideration at any phase, the committee may select one or more of the highest-ranking Proposals to forward to the next phase. The committee may alternatively choose to suspend from further consideration the lowest scoring Proposals, or any Proposal felt not to be in DPSD’s interest to further consider.

The committee may also choose to bypass any or all subsequent phases and make an award based solely on the current evaluation phase. Therefore, award may be made without requests for clarification, interviews, presentations, negotiations, or discussions.

It is within the purview of the evaluation committee to decide whether any phases are necessary. The committee has the right to eliminate or add phases as deemed necessary to ensure a complete, thorough, and impartial evaluation.

9.4 Initial Review

The Procurement Representative (or designee) will review all Proposals for timeliness, format, and completeness.

The Procurement Representative will forward all timely, complete, and properly formatted Proposals to an evaluation committee, which the Procurement Representative will chair.

These Proposals will be under active consideration.

9.5 Clarification Requests

During the evaluation process, the Contract Representative or the Evaluation Committee may request clarifications from any Offeror under active consideration and may give any Offeror the opportunity to correct any defects in its Proposal if doing so does not result in an unfair advantage for the Offeror.

The Offeror shall have two (2) working days to respond to a DPSD Clarification Request (CR). If the Offeror has not responded to the request within the specified timeframe, the Offeror shall be considered non-compliant and may be withdrawn from active consideration. The Contract Representative and/or their designee via bonfire website or telephone will notify an Offeror of a CR. Once notified, the Offeror shall receive the CR via Bonfire website for response.

The Offeror shall send through Vendor Discussions on the Bonfire website the CR response directly to the Contract Representative within the timeframe specified above.

Receipt by DPSD of the CR response is solely the responsibility of the Offeror. DPSD will not be responsible for non-receipt of CR responses (e.g., e-mail failure).

9.6 Committee Review of the Proposals

The evaluation committee will evaluate and numerically score each Proposal that the Procurement Representative has recommended. The evaluation will be according to the evaluation criteria.

The evaluation committee may also have the Proposals or portions reviewed and evaluated by independent third parties or other DPSD personnel with technical or professional experience that relates to the Contract or to a criterion in the evaluation process. The evaluation committee may seek reviews of end users of the Contract service, or the evaluation or advice of other DPSD committees that have subject matter expertise or an interest in the Contract.

Those Offerors submitting the highest rated Proposals will be scheduled for subsequent phases, if applicable. The number of Proposals forwarded to the next phase will be within the committee’s discretion, but regardless of the number of Proposals selected for the next phase, they will always be the highest rated Proposals from each phase.

9.7 Evaluation Criteria/Scoring Weight

DPSD seeks to achieve the maximum value for the Board, staff, students and community. To that end evaluations of DPSD solicitations shall be based on, but not limited to the following criteria:

a) Cost: Service pricing and availability

b) Value added considerations and benefits to the DPSD

c) Quality of service: personnel, and facilities of the firm's organization, as determined solely by the DPSD

d) The firm's relevant experience, Proposals, and success in providing a service of the type described in this document

e) The firm's reputation for quality service and problem solving within the marketplace

f) The contractual terms proposed by the firm that would govern any contract relationship with the DPSD

g) The firm's capability to provide requested services in a timely manner as agreed upon;

h) The firm’s financial stability

i) The firm's references from three major commercial accounts

j) Firm’s good faith efforts to meet Community Inclusion plan goals and objectives, and any other factors relevant to the firm's capability and willingness to satisfy the DPSD

This RFQ asks for responses and submissions from Offerors, most of which represent components of the above criteria. While each criterion represents one part of the total basis for a decision to award the Contract to an Offeror, a failure by an Offeror to make a required submission to meet a mandatory requirement will normally result in a rejection of that Offeror’s Proposal.

The Scoring Weight for this solicitation is as follows:

Criteria Weight

Relevant experience with K-12 projects 25%

Qualifications of assigned personnel 25%

Approach to design and project delivery 20%

Capacity and availability to perform work 15%

Past performance / references 10%

Local knowledge and familiarity 5%

TOTAL SCORE 100%

Shortlisted firms may be invited to participate in interviews.

9.8 Interviews and Presentations

Interviews and presentations shall be at the discretion and convenience of the evaluation committee. The evaluation committee shall call for such interviews and presentations so as to clarify and better understand Offerors submitted proposal. The Offeror shall be prepared to have in attendance the key personnel as described in Section 4.

The evaluation committee will not numerically rank interviews and presentations. Rather, each committee member may decide to revise his or her existing proposal evaluations based on the interviews, presentations, and/or demonstrations as long as information was documented in the original proposal.

9.9 Contract Negotiations

The final phase of the evaluation process is Contract negotiations. Negotiations will be scheduled at the convenience of the committee. The selected Offeror(s) must negotiate in good faith.

Negotiations may be conducted with any Offeror who submits a competitive proposal, but the committee may limit discussion to specific aspects of the RFQ. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be required in writing and incorporated in the RFQ or the Offeror’s proposal as appropriate. Any Offeror whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFQ and will be given the opportunity to negotiate revisions to its Proposal based on the amended RFQ. But should the evaluation process have resulted in a top-ranked Proposal, the committee may limit negotiations to only that Offeror and not hold negotiations with any lower-ranking Offeror. If negotiations are unsuccessful with the top-ranked Offeror, the committee may then go down the line of remaining Offerors, according to rank, and negotiate with the next highest-ranking Offeror. Lower-ranking Offerors do not have the right to participate in negotiations conducted in such a manner.

Any oral modification of a Proposal will be reduced to writing by the Offeror as described below.

It is entirely within the discretion of the committee whether to allow negotiations. An Offeror must not submit a Proposal assuming there will be an opportunity to negotiate any aspect of the Proposal. The committee is free to limit negotiations to particular aspects of any Proposal, to limit the Offerors with whom the committee wants to negotiate, or to dispense with negotiations entirely.

9.10 Failure to Negotiate

The negotiations will normally be held to correct deficiencies in the preferred Offeror’s Proposal. If negotiations fail with the preferred Offeror, the committee may negotiate with the next Offeror in ranking. Alternatively, the committee may decide that it is in the interests of DPSD to negotiate with all the remaining Offerors to determine if negotiations lead to an adjustment in the ranking of the remaining Offerors.

From the opening of the Proposals to the award of the Contract, everyone working on the behalf of DPSD to evaluate the Proposals will seek to limit access to information contained in the Proposals solely to those people with a need to know the information. They will also seek to keep this information away from other Offerors, and the evaluation committee will not be allowed to tell one Offeror about the contents of another Offeror’s Proposal in order to gain a negotiating advantage.

Before the award of the Contract or the cancellation of the RFQ, any Offeror that seeks to gain access to the contents of another Offeror’s Proposal may be disqualified from further consideration.

Negotiated changes will be reduced to writing and become part of the contract file open to inspection to the public. The written changes will be drafted and signed by the Contractor and submitted to the evaluation committee. The negotiated changes to the successful Offeror proposal will become part of the Contract.

If an Offeror fails to provide the necessary information for negotiations in a timely manner, or fails to negotiate in good faith, DPSD may terminate negotiations with that Offeror.

9.11 Contract Award

DPSD intends to award a contract resulting from this solicitation to the responsible Offeror whose Proposal represents the best value to DPSD in accordance with the factors stated in the RFQ.

Best value may not necessarily be the lowest cost. DPSD defines best value as a combination of a sound and qualified Technical/Management Proposal with a thorough, and reasonable Cost that best meets the needs of DPSD.

10. TERMS AND CONDITIONS

All conditions and provisions of the RFQ are deemed to be accepted by the firm and incorporated by reference in the statement of qualifications and will apply to subsequent maintenance agreement arrangements.

10.1 Late

Late proposals will be accepted; but will not be considered for this project; however, they may be filed for future requirements.

10.2 Indemnity:

The firm shall indemnify the DPSD all damage caused to the DPSD property as a result of the negligent actions or wrongful acts of the firm, its employees, servants, and/or agents. The firm shall indemnify and hold harmless the District, its employees, servants and/or agents from all claims, demands, actions, suits, or proceedings initiated by third parties arising from the negligence of the firm, its employees, servants, and/or agents.

10.3 Protection of Persons and Property:

The firm shall take all reasonable precautions for safety and reasonable protection to prevent damage, injury, or loss to all of its employees and other people.

10.4 Liability Insurance

Before starting any work under the agreement, the firm shall except, as otherwise approved by DPSD, take out and maintain at own cost and expense, the following insurance. Such insurance shall be with companies and with limits satisfactory to DPSD, and not less than required by law.

10.4.1 Worker’s Compensation:

The selected firm agrees to furnish an official certificate or receipt of the Industrial Commission of Ohio showing payment of necessary premiums to the State Insurance fund when such certificates are required in the Request for Qualifications.

10.4.2 General Liability:

The selected firm shall carry general liability (to include): Contractor’s Liability and Product Liability, and Personal Injury and Property. Bodily Injury, including Personal Injury and Damage of $1,000,000.00 for each occurrence/or as required by law, whichever is greater.

10.4.3 Automobile Liability:

The selected firm shall carry automobile liability, including non-ownership and hired car coverage as well as owned vehicles, bodily injury and damage of $1,000,000.00 for each occurrence or as required by law, whichever is greater.

10.4.4 Certificates of Insurance:

Certificates of insurance which are acceptable to DPSD legal department shall be filed with the District prior to the commencement of any work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled unless a fifteen-day (minimum) prior written notice has been given to the District.

Alternate Bids for insurance requirements may be submitted; however, it shall be at the sole discretion of the District to accept the alternate.

10.5 Applicable Regulations

All services provided shall comply with all applicable federal, state and local regulations.

10.6 Governing Law

Any agreement resulting from this Request for Qualifications is subject to the DPSD’s policies and other applicable federal, state, and local laws.

The Offeror hereto expressly agree that this Agreement will be construed and enforced in accordance with the laws of the State of Ohio.

The Offeror shall obtain Bureau of Criminal Identification and Investigation (BCII) reports on all Offeror staff who will be working with DPSD students within the MITS contract.

Only those Offeror staff members whose backgrounds are compliant with all relevant Ohio laws will be permitted to participate in the contract.

The Offeror will maintain strict confidentiality regarding the pupils of Dayton Public Schools. Any research or writing based in whole or part upon this effort shall not be published without the written consent of the other party, except that the parties may share information for educational purposes or for the purposes of presentation at educational conferences provided complete anonymity is maintained regarding personally identifiable student information. The parties shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C Section 1232g, as applicable.

10.7 Equal Opportunity

The firm to whom the agreement is awarded shall comply fully with the provisions of Sections 153.59 and 153.60, Revised Code of Ohio, relative to discrimination and intimidation of employees. The firm agrees that it will not discriminate against any employees or applicant for employment, because of race, sex, color, creed, national origin, or ancestry, which action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, rates for pay or other forms of compensation, and selection for training, including apprenticeship. The firm further agrees to post in conspicuous places available to employees and applicants for employment notices, to be provided by the City of Dayton, setting forth the provision of this equal opportunity employment clause. The firm agrees in its solicitations for employees, to state that all qualified applicants will receive consideration for employment without regard to race, sex, color, creed, national origin or ancestry. The firm agrees to cooperate fully with the DPSD to ensure that the provision of this equal opportunity employment clause is being carried out.

11.0 TERMINATION CLAUSES

11.1 Termination for Convenience:

DPSD may terminate the agreement, in whole or in part, whenever it is determined that such termination is in the best interest of the District, without showing cause, upon giving 90 days' written notice to the firm. DPSD shall pay all reasonable costs incurred by the firm up to the date of termination. The firm shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

11.2 Termination for Default:

When the firm has not performed or has unsatisfactorily performed the repairs DPSD may terminate the agreement for default. Upon termination for default, payment may be withheld at the discretion of DPSD. Failure on the part of a firm to fulfill the agreement obligations shall be considered just cause for termination of the agreement. The firm will be paid for work satisfactorily performed prior to the termination less any excess costs incurred by the Dayton Board of Education in procuring and completing the terms of the agreement. If at any time during the term of the agreement, the school district determines that the firm has not kept and observed the conditions of the agreement, and has not corrected the breach within five (5) working days following receipt of written notice, DPSD shall have the right, in its sole discretion to terminate said agreement upon five (5) days additional written notice.

11.3 Termination Assistance

In the event of the expiration or termination of the Contract resulting from this RFQ for any reason, the contractor shall (1) cooperate with DPSD in effecting the orderly transfer of the services to a third party or the resumption of the services by DPSD (2) transfer, license, or obtain for DPSD, as appropriate, any tools and equipment used by the contractor in the provision of the services that are not used exclusively for DPSD’s account (tools and equipment used exclusively for DPSD’s account shall be owned by DPSD), and (3) continue to perform those services and deliverables requested by DPSD in accordance with this Contract (the “Termination Assistance Services”). With respect to the Termination Assistance Services to be provided in connection with the expiration of the Term, such services will be provided during the last 12 months of the Term during, and as part of, the performance of the services hereunder at no additional cost.

Termination Assistance Services in all other events of termination shall be provided for up to 180 days after the effective date of the termination. The allocation of costs associated with termination shall consist of only the labor hours specified as necessary per DPSD for Termination Assistance, and there shall be no additional costs to DPSD other than specified. Notwithstanding the reasons for any termination of this Contract, termination shall have no effect on the parties’ rights and obligations under: Ownership and Licensing, Confidentiality, and Limitation of Liability.

12.0 Additional Information, Terms and Conditions

12.1 The submission of a response shall be prima facie evidence that the proposer has full knowledge of the scope, nature, quantity, and the quality of work to be performed, the detailed requirements of the project, and the conditions under which the work is to be performed as described in this Request for Qualifications.

12.2 The District reserves the right to reject any and all responses, the right in its sole discretion to accept the responses it considers the most favorable to the District’s interest, and the right to waive irregularities in the response and request process. The District further reserves the right to reject all responses and end the Request for Qualifications or to seek new responses when such procedure is reasonably in the best interest of the District.

12.3 The Dayton Public School District is exempt from all

federal excise, state, and local taxes. Tax exemption certificates will be furnished upon request.

12.4 Responses submitted after the due date and time noted in this document shall not be considered.

12.5 The proposer shall furnish the District such additional information as the

District may require.

12.6 All information, documentation, and other material submitted by the proposer may be subject to public disclosure under the Ohio Public Information Act. Proposers will be deemed to have knowledge of this law and how to protect their interests under the law.

THE END