RFP 3196 Crossing Guard Services Final.pdf

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Purchasing Department

P. O. Box 13145 • Roanoke, VA 24031

(540) 853-1348 • Fax (540) 853-2836

April 23, 2026

REQUEST FOR PROPOSAL

RFP 3196

Notice is hereby given of the intention of the School Board for the City of Roanoke, Virginia, to contract for:

CROSSING GUARD SERVICES

Proposal Submission Requirements

Proposals must be received by the Due Date and Time at bids.purchasing@rcps.info.

Due Date and Time: May 13, 2026; 3:00 P.M. (EST)

Announcement of Award: Upon the award or the announcement of the decision to award a contract as a result of this Request for Proposal (“RFP”), the Director of Purchasing will publicly post such notice on the Roanoke City Public Schools’ website (https://www.rcps.info/departments/fiscal-services/purchasing) (Click on Bids, RFPs, and Cancellations) for a minimum 10-day period.

ROANOKE CITY SCHOOL BOARD

Eric Thornton

Purchasing Director

Electronic Invitation to Bid/RFP Retrieval Instructions: Full copies of Requests for Proposals, Bids, and Addenda must be retrieved over the Internet at the following address:

https://www.rcps.info/departments/fiscal-services/purchasing.

Click on “Bids, RFPs, Cancellations”

This Public Body does not discriminate against Faith-Based Organizations mailto:bids.purchasing@rcps.info https://www.rcps.info/departments/fiscal-services/purchasing https://www.rcps.info/departments/fiscal-services/purchasing

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TABLE OF CONTENTS

REQUEST FOR PROPOSAL

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. SCOPE OF SERVICES 3

IV. CONTRACT PERIOD 7

V. CALENDAR OF EVENTS 7

VI. PROPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION 8

VII. EVALUATION AND AWARD OF CONTRACT 9

VIII. COOPERATIVE PROCUREMENT 11

IX. GENERAL TERMS AND CONDITIONS 11

X. SPECIAL TERMS AND CONDITIONS 14

XI. ADDITIONAL FORMS 17

EXHIBIT A – SCHOOL AND GUARD LOCATION INFORMATION

EXHIBIT B – DIVISION CALENDAR

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I. PURPOSE

The purpose of this RFP is to solicit sealed proposals through competitive negotiation for Crossing Guard Services for Roanoke City Public Schools. Roanoke City Public Schools (“RCPS”, “Owner”, or “Division”) intends to retain a qualified contractor(s) (“Contractor” or “Offeror”) to provide these services for the Division. RCPS reserves the right to make an award to one or more qualified offerors.

RCPS will select the Offeror or Offerors who, in the aggregate, most fully meet the Division's needs.

This document establishes the anticipated services to be performed and outlines the evaluation and selection process. However, this document does not guarantee a contract.

II. BACKGROUND

Roanoke City Public Schools (“RCPS”) is a progressive urban school Division serving the City of Roanoke, Virginia. The Division is comprised of seventeen elementary schools, five middle schools, two high schools, the Roanoke Valley Governor’s School for Science and Technology, the Noel C. Taylor Learning Academy, Forest Park Academy (which serves overage and under-credited middle school and high school students), adult education programs, career and technical education programs, preschool programs for low-income families, and after-school programs to assist students needing additional instruction.

RCPS has approximately 13,700 students and approximately 2,200 employees.

III. SCOPE OF SERVICES

RCPS seeks to contract with a qualified service provider(s) to provide crossing guard services.

Crossing guard services will include the recruitment, training, coordination, and management of all crossing guard services provided. Crossing guard services will be provided at the school locations identified in Exhibit A.

The scope of work includes, but is not limited to:

• Offerors will provide the number of hours per year of crossing guard services by qualified adult crossing guards approved by RCPS during pre-determined time periods at specific locations throughout the city, as shown in Exhibit A.

• Offeror will provide all administrative duties associated with the Crossing Guard Services for

RCPS.

• Offeror will provide all facilities, vehicles, and other associated equipment related to conducting the crossing Guard Services. Required equipment will, at minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo-identification badges.

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• Offeror shall provide all employees with equipment that complies with all applicable laws and established safety standards.

• The Offeror shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. Substitute employees should include floater positions that can assist and/or fill in at locations when needed. The Offeror shall contact RCPS immediately if a position cannot be filled by the Offeror.

• The Offeror shall be responsible for coordinating with the affected schools and school Division to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm.

• The Offeror will provide all the training required for its employees selected to be crossing guards.

• Only documented, authorized Offeror’s employees are eligible to work or permitted on or in RCPS facilities (Verification of the INS-9 forms must be provided to RCPS upon request).

• The Offeror shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Offeror shall contact RCPS Safety and Security Supervisor at 540-853- 2557, within two (2) hours to advise the nature of the complaint and the course of action/remedy/resolution of said complaint. Offeror shall provide a written report of the incident to RCPS Safety and Security within twenty-four (24) hours of the complaint.

1. General Requirements

• Offeror shall recruit, select, and employ crossing guards and alternate crossing guards as required to provide coverage at each crossing guard post on each day when guards are required in accordance with the calendar (Exhibit B) provided by the Division. The Offeror will monitor, supervise, and assure the safety of all school children, parents, and provide traffic control that monitors intersections and crosswalks while students are moving to and from school zones.

• New locations may be added at RCPS’ request, and the Offeror will increase the service hours accordingly. In addition, RCPS may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice.

• The Offeror will be required to provide for the supervision of all its employees associated with conducting the Crossing Guard Services, including the recruitment, hiring, training, discipline, and termination of employees.

• The Offeror shall certify that all its employees selected to perform the duties of a crossing guard for RCPS have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre-Employment Screening Program that includes:

• An Employment reference check.

• A criminal background check and a fingerprint check that meet the minimum standards established by RCPS.

• A drug and alcohol screening test.

• Social Security verification.

• Any employee of Contractor whose conduct is not satisfactory, as determined by RCPS, shall be removed from providing crossing guard services for RCPS. Replacement personnel shall be assigned immediately after the removal of any personnel.

• Offerors will provide the number of hours per year of crossing guard services by qualified adult crossing guards approved by RCPS during pre-determined time periods at specific locations

5 | P a g e throughout the city, as shown in Exhibit A. Offeror will provide all administrative duties associated with the Crossing Guard Services for RCPS.

• Offeror will provide all facilities, vehicles, and other associated equipment related to conducting the Crossing Guard Services. Required equipment will, at minimum, include reflecting safety vests, stop signs, whistles, rain gear, and photo-identification badges.

• Offeror shall provide all its employees with equipment that complies with all applicable laws and established safety standards.

• The Offeror shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Offeror shall contact RCPS immediately if a position cannot be filled by the Offeror.

• The Offeror shall be responsible for coordinating with the affected schools and school Division to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm.

• Offeror will provide all the required training for its employees selected to be crossing guards.

• Only documented, authorized Offeror’s employees are eligible to work or permitted on or in RCPS facilities (Verification of the INS-9 forms must be provided to RCPS upon request).

• Offeror shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by RCPS at any time.

2. Minimum Standards for Crossing Guards Crossing guards provided by the Offeror to provide services under this contract shall:

• Be at least eighteen years of age.

• Be physically and mentally capable of performing the duties of a crossing guard.

• Have the ability to establish and maintain effective working relationships with children, parents, school officials, and law enforcement officials.

• Have the ability to remain calm and use good judgment and initiative in an emergency.

• Be of good moral character and have never been convicted of any felony, a crime against children, or crime of sexual assault.

3. Duties of Crossing Guards Crossing guards shall:

• Perform all work to the highest professional standard and in a manner deemed reasonably satisfactory by the Chief Operations Officer or his Designee.

• Halt vehicles, when necessary, by mechanical (when present), hand signal, and stop sign to permit children to cross the road safely.

• Maintain order among children assembled at street crossing points and permit them to cross only when they can do so safely.

• Report to the Division the license plate number of motor vehicles that violate traffic laws or crossing guard instructions.

• Make children aware of the elements of traffic safety and operation of pedestrian controls.

• Identify children to school officials who do not follow safety regulations.

• Wear a reflective traffic safety vest at all times when on duty.

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• Halt vehicles, when necessary, by mechanical (when present), hand signal, and stop sign, to permit school buses and parents to cross the road safely and in a timely manner.

4. Examination of Work Area

• Before submitting a proposal, Offerors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each Offeror and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, RCPS will provide, upon request, all available information that it deems may be of assistance to prospective Offerors.

• It should be noted that street intersections and other locations that are to receive school crossing guard services will be determined at the sole discretion of RCPS.

5. Field Supervision

Offeror shall employ a field supervisor to make on-site visitations at crossing guard sites. Offeror shall provide the name and contact information for the Field Supervisor to the Division. The supervisor shall conduct daily on-site visits to crossing guard sites.

6. Training Program The Offeror shall provide each crossing guard with all appropriate training for the position of crossing guard before assigning a guard to any post. The training program shall include, but not be limited to, the following:

• The Offeror agrees to provide all crossing guards performing under the contract with classroom training prior to assignments. The Offeror further agrees that the training must cover handling traffic, crossing children safely, appearance, and emergency conditions, including injuries and motor vehicle accidents, legal powers, duties, knowledge of the legal authority and limitations of the position, the requirements and courtesies in dealing with children, the motorist, and the general public. Such training shall also include instructions on good behavior, proper wearing of the uniform, and an orientation in the job requirements agreed upon by the Offeror and the Division.

• The Offeror agrees to provide all crossing guards with on-the-job training to be conducted at the assigned locations, with instruction adequate to provide the assigned crossing guard with an understanding of the duties and characteristics that may be unique to the location. Additional on-the-job training is to be provided whenever a change of any type affects the job duties at a particular crossing.

• The Offeror shall make the crossing guards fully aware of the traffic regulations of the City of Roanoke and determine a proper procedure for reporting violations.

• The Offeror shall establish operating regulations and general orders governing the conduct and procedures of crossing guards and shall inform the crossing guards as to said regulations and orders.

• All crossing guards must wear an identification card provided by the Offeror while on duty.

• The Offeror shall provide a refresher-training course for all crossing guards no sooner than thirty

(30) days before the beginning of each school year.

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7. Materials to be Supplied

The Offeror shall provide each crossing guard with the following equipment:

• Complete uniform with Offeror’s identifiable patch or badge.

• Regulation-size hand-held stop sign.

• Traffic safety vest.

• High-visibility raincoat.

8. Reports and Meetings

Offeror shall provide the following reports to the Division in the frequencies specified:

• Master Crossing Guard List: This report shall include all crossing guards and the assigned posts, backup guards, and supervisors assigned to the contract. This report is to be provided at the commencement of the school year and updated periodically as changes occur. This report shall be submitted via electronic mail to the Division in Microsoft format.

• Complaint Report: The Offeror shall have an established procedure for handling, responding to, and documenting actions regarding all complaints received. A report of all complaints shall be provided to the Division. This report shall include the following minimum information: Date of complaint, post location, guard identification, type of complaint, action taken, total number of complaints for the reporting period.

• Traffic and safety violations: The Offeror shall develop a procedure for reporting traffic and safety violations to the Division.

• The Division may request a meeting with the Offeror to discuss performance or address specific issues that may arise. Additionally, the Offeror may be requested to attend various meetings involving the school principals, parents, and similar entities regarding contract and/or safety-related issues. The Offeror will agree to attend these meetings, at no charge to the Division, as necessary during the contract term.

Responding Offerors should include all services proposed for this project within the response. The final scope of services will be determined during negotiations and in the contract.

IV. CONTRACT PERIOD

The initial contract period will be from July 1, 2026, until June 30, 2027. Upon the mutual agreement of the parties in writing, non-exclusive contract(s) may be extended by RCPS for up to four (4) optional one (1) year renewals.

V. CALENDAR OF EVENTS

Date

Release RFP April 23, 2026 Receive Written Inquiries (no later than)* April 29, 2026 | 5:00 P.M.

Answer Written Inquiries (no later than)** May 6, 2026 | 5:00 P.M.

Receive Proposals May 13, 2026 | 3:00 P.M.

*Questions regarding this RFP should be emailed to bids.purchasing@rcps.info.

**Answers will be posted to the RCPS Purchasing Department website as an addendum.

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VI. PROSPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION

To be considered for selection, Offerors must electronically submit a complete response to this RFP. Specifically, Offerors must provide one (1) original and one (1) redacted copy that omits any proprietary or confidential information that the Offeror requests to be withheld from public view.

Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in RCPS requiring prompt submission of missing information and/or giving a lower evaluation of the proposal.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirements as it appears in the RFP. If a response covers more than one page, the proposal should contain a table of contents that cross-references the RFP requirements. Information that the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

Responses must be delivered not later than 3:00 P.M. on May 13, 2026, to bids.purchasing@rcps.info.

Interested firms should submit a proposal that responds to the items listed below.

Proposals should be concise and address each item in the order outlined below:

1. Title Page – The title page shall, at a minimum, show the Offeror's name, Request for Proposal title, and the date.

2. Cover Letter/Letter of Introduction – The cover letter shall introduce the Offeror and establish the Offeror’s interest in providing crossing guard services. Present a summary of the proposal and the Offeror’s understanding of the project. Identify what the Offeror believes to be the key issues regarding this project, stressing the Offeror’s approach to the scope of work. An individual authorized to commit the resources of the Offeror must sign the letter. Include a brief history of the Offeror’s company profile and a list of persons or officers authorized to enter into a binding agreement with RCPS. If this proposal is a joint venture or involves subcontracting, this shall also be stated in the letter of introduction.

3. Training – Provide a complete description of your crossing guard and safety training programs.

Include the type of training, materials used, testing, and total training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re-

9 | P a g e testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any).

4. Project Staffing – Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also, provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. RCPS expects that the field supervisor will be available by telephone on all occasions for discussion with RCPS staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice.

A. Submit an organizational chart showing the name of the project manager, field supervisor, and other key personnel, and all staff assigned to the project. RCPS reserves the right to approve the final staffing plan.

B. Submit a plan to ensure all positions are properly staffed during the times designated by RCPS for the School Division. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report for duty.

5. Subcontractors – Identify any subcontractors that would be used to implement, staff, and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. RCPS strongly prefers that no subcontractors be used by the Offeror in the delivery of the Scope of Services; however, this is not a requirement.

6. Offeror Qualifications and Project Experience – RCPS is particularly interested in selecting an Offeror that has extensive experience in providing crossing guard services to School Divisions.

Discuss the overall capabilities of the Offeror. Include a brief description of the Offeror’s history and recent relevant experience (within the last five years).

7. References – The Offeror should submit at least five (5) references for whom similar or comparable services have been performed. Include the name, along with the current mailing address and telephone number of their principal representatives.

8. Cost Proposal – Pricing should be as detailed as practical.

9. Indicate the firm’s qualifications as a locally owned business enterprise (“LBE”), minority business enterprise (“MBE”), and/or women business enterprise (“WBE”) as defined in this RFP.

VII. EVALUATION AND AWARD OF CONTRACT

A. Evaluation Criteria: Proposals shall be evaluated using the following criteria.

Criteria Points

1. Offeror’s qualifications and similar project management experience. 24

2. Rate/Fee Structure. 30

3. Overall understanding of the scope of services and quality of the proposal. 15

4. Key project personnel’s qualifications, experiences, and time commitment. 15

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5. References. 10

6. Certified locally owned business enterprise (LBE). 2

7. Certified minority business enterprise (MBE). 2

8. Certified women business enterprise (WBE). 2

Total Points 100

B. Award:

Selection shall be made of one or more Offeror(s) deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the Offeror(s) selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror(s) so selected, RCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s). RCPS may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Section 2.2- 4319 and Section 2.2-4359, Code of Virginia).

Oral Presentations: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to RCPS. This provides an opportunity for the Offeror to clarify or elaborate on the proposal.

The oral presentation is a fact-finding and explanation session only and does not include negotiations. RCPS will schedule the time and location of these presentations. Oral presentations are an option of RCPS and may or may not be conducted.

C. Definitions: LBE, MBE, WBE.

“Local owner” – an individual who has an ownership interest in a business enterprise and whose primary residence is within the Roanoke Metropolitan Area. For the purposes of this policy, the Roanoke Metropolitan Area shall include all cities, counties, and towns within the Commonwealth of Virginia that are within a 50-mile radius of the City of Roanoke.

“Locally-owned business enterprise (LBE)” – a business that(i) is privately held, (ii) has Local Owners that own at least fifty-one percent of the business, (iii) has Local Owners that control the management and daily operations of the business, (iv) is registered in Virginia with no corporate headquarters outside of the Commonwealth, and (v) has completed the certification steps set forth below.

In order to be placed on the Purchasing Division’s list as a LBE, a business must provide the Purchasing Director with (i) a copy of its local business license, (ii) a copy of the businesses

11 | P a g e articles of incorporation or partnership agreement, and (iii) a completed sworn certification form (found in the “Additional Forms” section of this RFP).

“Minority business enterprise (MBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity (www.sbsd.virginia.gov) as a business that is both owned and controlled by minorities.

“Women business enterprise (WBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity (www.sbsd.virginia.gov) as a business that is both owned and controlled by women.

VIII. COOPERATIVE PROCUREMENT

The procurement of goods and/or services provided for in this Bid is being conducted pursuant to Virginia Code Section 2.2-4304. Therefore, the Offeror or Bidder is advised, and by submitting a response to this procurement, such Offeror or Bidder agrees that any resulting contract from this procurement may be extended to other public bodies in the State of Virginia. The successful Offeror or Bidder shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to any contract that may result from this procurement and in accordance with Virginia Code Section 2.2-4304. The Roanoke City School Board shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful Offeror or Bidder or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision.

IX. GENERAL TERMS AND CONDITIONS

1. Taxes: State sales and use tax certificate of exemption, Form ST-12 will be issued upon request, if you do not have same on file. Deliveries against this proposal shall be free of excise or transportation taxes.

2. Mandatory use of RCPS Forms and Terms and Conditions: Failure to submit a proposal on the official forms provided for that purpose shall be a cause for rejection of the proposal. Return of the completed document is required. Modification of or additions to any portion of the solicitation may be cause for rejection of the proposal; however, RCPS reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as non-responsive.

Supplementary data and information which respond to inquiries, demonstrate qualifications and expertise, etc., may be attached to the proposal forms.

3. Precedence of Terms: Except for Paragraphs 1 and 2 of the General Terms and Conditions for Professional Services, which shall apply in all instances, in the event there is a conflict between the Generals Terms and Conditions for Professional Services and any Special Terms and Conditions used in a particular procurement, the Special Terms and Conditions shall apply.

4. Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, RCPS, after due oral and written notice, may procure from other sources and hold Vendor responsible for any resulting additional procurement and administrative.

This remedy shall be in addition to any other remedies which RCPS may have incurred.

5. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of RCPS.

http://www.sbsd.virginia.gov/ http://www.sbsd.virginia.gov/

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6. Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to RCPS all rights, title, and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by RCPS under said contract.

7. Ethics in Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer, or subcontractor in connection with their proposal, and that they have not conferred with any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

8. Anti-Discrimination: By submitting their proposal, all Offerors certify to RCPS that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act, which provides:

a. In every contract over $10,000, the provisions 1 and 2 below apply:

i. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of paragraphs 1, above, in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or Contractor.

9. Debarment Status: By submitting a proposal, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

10. Applicable Law and Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state, and local laws and regulations.

11. Asbestos: Comply with applicable Federal, State, and Local regulations

a. Asbestos Hazard Emergency Response Act (AHERA) regulations contained in 40 CFR 763.

b. Title 29, Code of Federal Regulations, Section 1910.134, 1910.1001, 1910.1200, 1926.58, and

1926.1101 of the Occupational Safety and Health Administration (OSHA), US. Department of Labor.

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c. Title 40, Code of Federal Regulations, EPA workplace guidelines include those pertinent sections of part I and II, EPA Guideline document 560/5-S5-024, “Guidance for Controlling Asbestos Containing Materials in Buildings”.

d. All State, County, and City codes and ordinances as applicable.

12. Lead: Comply with applicable Federal, State and Local regulations

a. Title 29, Code of Federal Regulations (CFR), Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:

• 1910 General Industry Standards

• 1910.1025 Lead Standard for General Industry

• 1910.134 Respiratory Protection

• 1910.1200 Hazard Communication

• 1910.245 Specifications for Accident Prevention (Sign and Tags)

• 1926.62 Lead Exposure in Construction

b. Title 40, CFR Part 50, Appendix G, National Ambient Air Quality for Lead.

c. ASTM-American Society for Testing Materials

d. ANSI Z288.2.8 Practices for Respiratory Protection

e. ANSI Z9.2 1979 Fundamentals Governing the Design and Operation of Local Exhaust systems

f. United States Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint in Housing, revised, October, 1997

g. Code of Virginia, Lead-Based Paint Activities VAC 15-30-650

h. Virginia Department of Environmental Quality, Hazardous Waste Management Regulations 9VAC

20-60-10 thru 1480

i. USEPA 40 CFR Part 260 Hazardous waste management system

j. USEPA 40 CFR Part 261 Identification and listing of hazardous waste

k. USEPA 40 CFR Part 262 Standards applicable to generators of hazardous waste

l. USEPA 40 CFR Part 263 Standards applicable to transporters of hazardous waste

m. USEPA 40 CFR Part 264 Standards for owners and operators of hazardous waste treatment, storage and disposal facilities

n. USEPA 40 CFR Part 265 Interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities

o. USEPA 40 CFR part 266 Standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities

p. USEPA 40 CFR Part 267 Interim standards for owners and operators of new hazardous waste land disposal facilities

q. USEPA 40 CFR Part 268 Land disposal restrictions

r. USEPA 40 CFR Part 269 EPA administered permit programs: The Hazardous Waste Permit

Program

s. USEPA 40 CFR Part 270 Requirements for authorization of State hazardous waste programs

t. USEPA 40 CFR Part 270 Approved State hazardous waste management programs.

13. Qualifications of Offerors: RCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to RCPS all such information and data for this purpose as may be requested. RCPS reserves the right to inspect the Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. RCPS further reserves the right to reject any proposal if the evidence submitted by, or

14 | P a g e investigations of, such Offeror fails to satisfy RCPS that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

14. Anti-Collusion Certification: By signing the proposal, the Offeror certifies that the proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The Offeror understands that collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The Offeror agrees to abide by all conditions of the proposal and certifies that the individual signing the proposal is authorized to do so.

15. Payment Terms: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days.

16. Immigration Reform & Control Act of 1986: By submitting a proposal, Offerors certify that they do not and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

17. Relationship of Offeror to Owner: After the Contract for services has been fully executed, the Offeror shall be the professional advisor and consultant to the Owner for technical matters related to the project and shall be responsible directly to and only to the Owner. The Owner shall communicate all approvals, rejections, change requirements and other similar information to the Offeror.

18. Code and Regulatory Compliance: Review, comments and approvals by Owner or the staff of RCPS, in no way absolve any other person, firm or corporation involved in a project from their full responsibilities under the applicable laws, codes, and professional practice as required in projects for Roanoke City Public Schools.

19. Contract Incorporation: These terms and conditions are made a part of any resulting contract.

X. SPECIAL TERMS AND CONDITIONS

1. Insurance:

Before the start of any work under the contract, the Contractor shall provide to RCPS Certificate of Insurance Forms approved by RCPS and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be:

A. Workers’ Compensation. Workers' Compensation insurance covering Contractor’s statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Agreement.

B. Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles C. Commercial General Liability Broad Form insurance shall insure against all claims, loss, cost, damage, expense, or Contractor’s performance under this contract.

The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence.

2. Audit: The Offeror agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by RCPS. RCPS shall have full access to and the right to examine any of said materials during said period.

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3. Termination of Contract: RCPS reserve the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver any outstanding orders issued prior to the effective date of cancellation.

4. Modification of Contract: RCPS may, upon mutual agreement with the Offeror, issue written modifications to the statement of needs as a part of this contract, except that no modifications can be made which will result in an increase of the original project order contract price by $50,000 or a cumulative amount of more than 25%, whichever is greater, without the advance written approval of the Deputy Superintendent or his designee. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods as selected by RCPS in accordance with the requirements of the Public Procurement Act.

5. Ownership of Materials: Ownership of all data, materials, and documentation originated and prepared for the Roanoke City School Board pursuant to the proposal shall belong exclusively to the Roanoke City School Board and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court; however, the Offeror must invoke the protection of Section 2.2- 4332(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALLY identity the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the proposal.

6. Subcontracts: No portion of work shall be subcontracted without prior written consent of RCPS.

In the event the Contractor desires to subcontract some or part of the work specified herein, the Contractor shall furnish RCPS the names, qualifications, and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work done by the subcontractor(s) and shall ensure compliance with all contract requirements.

7. Indemnification: The contractor agrees to be responsible for, indemnify, defend, and hold harmless RCPS, its officers, agents, and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers' Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend, and hold harmless RCPS, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

8. Proposal Acceptance Period: Any proposal resulting from this solicitation shall be valid for 90 days. At the end of the 90 days, the proposal may be withdrawn at the "written" request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Withdrawal of proposals due to error shall be in accordance with Section II-54 (ii), Code of Virginia.

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9. Late proposals: To be considered for award, proposals must be received by Roanoke City Public Schools, Attention: Eric Thornton, 40 Douglass Ave NW, Roanoke, VA 24012, by the designated opening date and hour. The official time used in the receipt of proposals is that time on the clock located in RCPS Purchasing Department. Proposals received after the designated opening date and hour are automatically disqualified and will not be considered. Roanoke City Public Schools is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the Offeror to ensure that its proposal reaches Roanoke City Public Schools Purchasing Department by the designated date and time.

10. Gifts by Offeror, Contractor, or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

11. Qualification of Offerors: Roanoke City Public Schools may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to Roanoke City Public Schools all such information and data for this purpose as may be requested. Roanoke City Public Schools reserves the right to inspect Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. Roanoke City Public Schools further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy Roanoke City Public Schools that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

12. Availability of Funds: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available, or which may hereafter become available for the purpose of this agreement.

13. Contract Documents: The contract entered into by the parties shall consist of the Request for Proposal, the signed proposal submitted by the Contractor, Roanoke City Public Schools Standard Contract, the General and Special Terms and Conditions, the Statement of Need, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

14. Rejection of Proposals: The Superintendent or designee, on behalf of the School Board, reserves the right to reject any and all proposals

15. Procedure for Protest: Any vendor submitting a proposal may protest the award or decision to award a contract by submitting a written protest to the Superintendent of the ROANOKE CITY SCHOOL BOARD no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought (Section 2.2-4360, Code of Virginia).

16. Contract Incorporation: These terms and conditions are made a part of any resulting contract.

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XI. ADDITIONAL FORMS

STATE CORPORATION COMMISSION FORM

This form must be returned with the response to the solicitation.

Virginia State Corporation Commission (“SCC”) registration information. The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

-OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location).

-OR-

is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** Check the following if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): .

Signature: ________________________ __________ Date: _______________________________

Printed Name:

Title:

Name of Firm:

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PROPRIETARY AND CONFIDENTIAL INFORMATION FORM

This form must be returned with the response to the solicitation.

Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of § 2.2- 4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected including the section of the proposal in which it is contained and the page numbers and state the reasons why protection is necessary. The proprietary or trade secret material submitted in the original and all copies of the proposal must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given five business days, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Offeror (Firm): invokes the protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on .

Date

Signature:

Title:

No portion of this proposal is to be considered confidential and/or proprietary.

The data/material indicated below is to be considered confidential and/or proprietary.

DATA/MATERIAL TO BE PROTECTED SECTION NO., &

PAGE NO.

REASON WHY PROTECTION IS

NECESSARY

*Attachments may be made to this form for further clarification, but this form shall serve as the official request to invoke the protections of § 2.2- 4342F of the Code of Virginia.

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ANTI-COLLUSION CERTIFICATION

The Offeror certifies that this proposal response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce.