NELSON COUNTY PUBLIC SCHOOLS NELSON COUNTY, VIRGINIA

INVITATION # 2015-1 ADA ARCHITECTURAL/ENGINEERING SERVICES Nelson County High School

Due: February13, 2015 REQUEST FOR PROPOSAL

January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

The Nelson County School Board (Board) is seeking proposals for ADA Architectural/Engineering Services for renovation work at Nelson County High School related to accessibility of handicapped individuals according to the Americans with Disability Act, located in Lovingston, VA 22949. This RFP is intended to address deficiencies noted in a report by the Office of Civil Rights with excerpts attached as: APPENDIX A. The Architectural/Engineering services will be contracted based on available funding. Sealed proposals, subject to the specifications and conditions contained herein and attached hereto, will be received at the above office until, but no later than 1:00 PM, February 13, 2015. For your proposal to be considered, it must be submitted in the format requested. If for any reason you deviate from this Request for Proposal, you must indicate the reason in detail; however, other than minor deviations, no alternative proposal will be considered. Five (5) copies of your proposal must be submitted in a sealed envelope. All firms shall sign their proposal and return by the time specified. Failure to comply with these requirements may be cause for rejection of proposal. Any proposal received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the offeror for ensuring that their proposal is stamped by the Board’s designated personnel before the deadline outlined above. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. The Board encourages all businesses, including minority and women-owned businesses to respond to all invitations to Bid and Request for Proposals. The school system administration may, if deemed necessary, ask for interviews with all or several of the firms submitting proposals. The right is reserved to reject any or all proposals submitted and also, to make award where it appears it will be in the best interest of the Board. Any proposal submitted, MUST be signed by an individual authorized to bind the offeror. All proposals submitted without such signature will be deemed non-responsive and will not be accepted. Enclosed is a “Proposal Requirements and Non-Collusion Statement” that should be signed and returned with the proposal. Questions relating to this Request for Proposal should be directed to Ms. Shannon Irvin, Assistant Superintendent of Administration, telephone (434) 260-7646. Questions relating to the Nature of Services and/or additional information should be directed to Mr. Tim Rutherford, Director of Building Maintenance, telephone (434) 263-5095. If you desire not to submit on this Proposal, please forward your acknowledgment of “NO PROPOSAL SUBMITTED” to the above address.

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

No Costs for Services shall be submitted with this Proposal. All costs will be obtained as outlined in our Selection Procedure. Mark outside of envelope with Invitation # 2015-1 -- February 13, 2015, 1:00 p.m. Proprietary Information Trade secrets or proprietary information submitted by an offeror in response to this Request for Proposal 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 and state the reasons 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 will result in rejection of the proposal. Examination of Facility It shall be the full responsibility of all firms to conduct a thorough and complete examination of the facility prior to submitting their proposal. A pre-proposal meeting will be held on Monday, January 26, 2014 at 10:00 AM at Nelson County High School, 5919 Thomas Nelson Highway, Lovingston, VA 22949. Firms are requested to contact Tim Rutherford, Director of Building Maintenance [email protected] if they need directions to the proposed site.

December 12, 2014 Shannon T. Irvin Assistant Superintendent of Administration

Date

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-1

General Information and Scope of Services: It is the intent of this RFP, and the resulting contract, to obtain the services of a qualified firm to provide expertise in the design and construction administration to the Nelson County Public Schools for the proposed ADA Accessibility projects at Nelson County High School, 6919 Thomas Nelson Highway, Lovingston, VA 22949. The projects are identified in Appendix A. The desired architectural/engineering services will include: architectural/engineering design, construction documents, agency approvals, bid advertisement, document preparation, construction, administration in conjunction with the Director of Maintenance and Operations, attendance at public and staff meetings when necessary, and performance of other architectural/engineering services as required.

The contract for architectural and engineering services will include the following: 

meetings with Board representatives, Director of Maintenance and Operations, County employees, High School Principal and Administrative staff to gain a detailed understanding of the project requirements and to present subsequent design recommendations.



preparation of full contract drawings and specifications.



preparation of project budget and estimates of probable construction costs.



assistance in pre-bid and pre-construction meetings with prospective bidders along with bid review and recommendations. Work also includes review submittals, change order requests, pay applications, schedules, construction progress and quality inspections, attend progress meetings, and respond to request for information or clarifications regarding the project design, as required.

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

The Successful Offeror shall be responsible for the preparation of full contract drawings and specifications incorporating site plans and for construction contract administration with the Director of Maintenance and Operations for the entire time until successful completion and acceptance of the project by the Board. All work necessary for the completion of the project shall be in accordance with the applicable provisions of the County of Nelson, Virginia State Department of Education, and the Virginia Uniform Statewide Building Code, latest edition, including all subsequent modifications and supplements, and the ADA. The contract for architectural and engineering services will include the following phases: A. Study and Report Phase in which the selected AE assesses each subject to be addressed and provides the School Division with a report, which encompasses each subject and includes recommendations, alternatives, time frames for completion and cost estimates to enable the Division to better determine what is the best course for next steps, including sharing the report with the County if additional funding is required. B. Schematic/Design Development (Preliminary Drawings and Specifications) – Upon approval of the project requirements by the Board, the Architect will prepare design of preliminary documents consisting of preliminary drawings and specifications for approval by the Board. The Architect will submit to the Board a statement of probable project construction cost and budget. C. Design Development – (Preliminary drawings and specifications). Upon approval of schematic drawings by the Board, the Architect will prepare design of preliminary documents consisting of preliminary drawings and specifications for approval by the Board. The Architect will submit to the Board a further statement of probable project construction cost and budget. The Architect will further assist the Board in submitting any documentation for building code approval such as Plan of Development. D. Construction Documents Phase (Working Drawings and Specifications) – Upon approval of design development documents by the Board, the Architect will prepare working drawings and specifications (for approval by the Board) in order that the Board may solicit bids for the construction of the project. The Architect will advise the Board of any adjustments to previous statements of probable project construction cost. The Architect will further assist the Board in submitting any documentation for building code approval such as building permits. E. Construction Phase – The Architect shall provide services to help the Board in evaluating the bids received, review construction schedules, and keep the Board informed of the progress of the work, review shop drawings and other required submittals; review and approve materials, equipment and tests thereof; maintain accounts of the work including the issuing of change orders at the direction of the Board; review contractor’s applications for payment, and issue Certificates for Payment in approved amounts; and provide on-site observation of the work. The Architect shall make as many visits as are necessary in accordance with the schedule for the project but at least two per month to the site, while 5

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] the work is in progress, to understand the progress and quality of the work and to determine if the work is proceeding in accordance with the contract documents. A person qualified in each design phase of the project shall be available when required to support the necessary visits. A written report shall be provided to the Board after each such visit indicating the date, time of day, and the names of the persons representing the architect/engineer who participated in the visit. The report shall advise the Board of any problems that were noted. On the basis of his on-site observations as an architect or engineer, he shall make every effort to guard the Board against defect and deficiencies in the work of the contractor.

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

The Architect or engineer shall not be responsible for construction means, methods, techniques or procedures (other than those specified in contract documents), or for safety precautions and programs in connection with the work, and he shall not be responsible for the contractor’s failure to carry out the contractor’s own responsibility. The Architect, as part of his basic service, shall advise the Board concerning correction of difficulties, occurring in the building or equipment during the contractor’s guarantee period. F. The Architect shall conduct and/or attend meetings to discuss schematic/preliminary and working drawings, pre-bid conferences, pre-construction conferences, and monthly construction meetings with Contractor, all of which may be required by Board. General Terms and Conditions During the performance of any contract awarded pursuant to this proposal the Contractor agrees to the following: Public Procurement Law Compliance: All procurement made by any department, office or school within the Nelson County School division will be in accordance with purchasing procedures as listed in board policy and the Virginia Public Procurement Act. Applicable Laws and Courts: This solicitation and any resulting contract 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 Nelson County Circuit Court. The vendor shall comply with applicable federal, state and local laws and regulations. Anti-Discrimination: By submitting their proposals, Offerors certify to the School Board 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 the Code of Virginia, Section 2.2-4311, which provides: In every contract over $10,000 the provisions below apply: a. During the performance of this contract, the Contractor agrees as follows: i. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there 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.

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01 ii. 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. iii. 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.

b. The Contractor will include the provisions of the foregoing paragraphs A, B and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Drug-Free Workplace To Be Maintained by the Contractor: 1. During the performance of this contract, the successful Offeror agrees as follows (Code of Virginia, Section 2.2-4312): A. The successful Offeror shall provide a drug-free workplace for all of their employees. The successful Offeror agrees to post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of this prohibition. B. The successful Offeror, in all solicitations or advertisements for employees placed by or on behalf of the successful Offeror, shall state that such contractor maintains a drug-free workplace. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The successful Offeror shall include the provisions of the foregoing paragraphs A, B and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Certification Regarding Sex Offenses: Prior to awarding a contract for the provision of services that require the contractor or his employees to be in the presence of students during regular school hours or during school-sponsored activities, the school board will require the contractor and, when relevant, any employee who will have direct contact with students, to provide certification: A. that he has not been convicted of a felony or any offense involving the sexual molestation or 8

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] physical or sexual abuse or rape of a child; and

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

B. whether he has been convicted of a crime of moral turpitude (i.e. 1. Gross violation of standards or moral conduct, or vileness, such that an act was intentionally evil, making the act a crime. 2. Is a criminal behavior that gravely infringes on the moral sentiments of the community. Examples include murder, larceny, and aggravated assault. 3. Conduct done knowingly contrary to justice, honesty, or good morals.) Ethics in Public Contracting: By submitting their proposals, Offerors certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged. Immigration Reform and Control Act of 1986: By submitting their proposals, the 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. Debarment Status: By submitting their proposals, Offerors certify that they are not currently debarred from submitting proposals on contracts by any political subdivision or 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 political subdivision or agency of the Commonwealth of Virginia. Antitrust: By entering into a contract, the Vendor conveys, sells, assigns, and transfers to the Nelson County City School Board all rights, title and interest in and to all causes of the action it may now have 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 the School Board under said contract. Precedence of Terms: These General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. Testing and Inspection: The School Board reserves the right to conduct any test/inspection it may deem advisable to assure that items and/or supplies and services conform to specifications. Qualifications of Offerors: The School Board may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work/furnish the item(s) and the Offeror shall furnish to the School Board all such information and data for this purpose as may be requested. The School Board reserves the right to inspect the Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The School Board further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the School Board that such Offeror is properly qualified to carry out the obligation of the contract and to complete the work/furnish the item(s) contemplated therein. 10

January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

References: Before a proposal is considered for award, the offeror may be requested by the Superintendent of Schools to submit a statement regarding previous experience in performing comparable work, business and/or technical organization, financial resources, and plant available to be used in performing the work or in supply materials, supplies, and equipment. Additional Information: The School Board reserves the right to ask any Offeror to submit information missing from its proposal, to clarify its proposal, and to submit additional information which the School Board deems desirable. Right to Reject: The Nelson County City School Board reserves the right to reject any and all proposals (or any part thereof) and to waive any informalities or irregularities when the School Board, in its sole discretion, deems it in the best interests of the school division. Withdrawal or Modification of Proposals Prior to Due Date: Proposals may be withdrawn or modified by written or telegraphic notice received from Offerors prior to the time fixed for proposal receipt. Withdrawal of Proposals Due to Error: No proposal may be withdrawn after the scheduled closing time for receipt of proposals for 60 (sixty) calendar days, except as provided in the Code of Virginia, Section 2.2-4330. Proposal Period: Any proposal resulting from this solicitation shall be valid for 90 (ninety) days. At the end of the 90 (ninety) 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 cancelled. Bonds: The Nelson County School Board reserves the right to require proposal, performance, and/or payment bonds upon request. Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the School Board and the general public from any and all claims for injury and damage resulting by any actions on the part of the Contractor or his forces and above. The Contractor shall furnish a copy of an original Certificate of Insurance naming Nelson County Public Schools as an additional insured. Should any of the policies be cancelled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder. The contractor shall furnish insurance in satisfactory limits, and on forms and of companies acceptable to the School Board’s Attorney and shall require and show evidence of insurance coverage on behalf of any subcontractors, before entering into any agreement to sublet any part of the work to be done under this Contract. The following insurance requirements are the minimum that will be acceptable: 1. Workmen’s Compensation Insurance with statutory limits and Employers Liability Insurance of $500,000 for one accident or aggregate disease. 11

January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

2. Commercial General Liability – Including products and completed operations coverage. a. Bodily Injury

$1,000,000 $1,000,000

Each Occurrence Each Occurrence Contractual

b. Personal Injury

$1,000,000

Each Person

3. Comprehensive Automobile Liability a. Bodily Injury

$1,000,000 $1,000,000

Each Person Each Occurrence

b. Property Damage

$1,000,000

Each Occurrence

$5,000,000

Each Occurrence

4. Umbrella Liability

5. The contractor shall require each subcontractor to carry, as a minimum, coverage 1, 2, 3, and 4 as set forth above. The Contractor shall have executed and delivered to the School Board a copy of all insurance certificates. All insurance policies under coverage 2 and 4 above shall name the School Board, as coinsured. The Contractor shall be responsible for maintaining current certificates of insurance on file with the School Board, and the insurance company shall be responsible for notifying the School Board thirty (30) days prior to the expiration, cancellation, non-renewal, or material change in the coverage. The Contractor and his insurance company should carefully review the insurance requirements applicable to this job. All requirements must be met before the School Board will execute the Contract. In particular, we would call your attention to the following: 1.

Please note that the Insurance Certificate must state that the Commercial General Liability and the Umbrella Liability Insurance Policies name the Nelson County Public Schools as an additional insured. This requirement may be met by placing the following language on the Certificate. Many certificates have a space headed “OTHER” where the language may be inserted as follows: All general liability and excess liability policies coverage listed hereon name the Nelson County City Schools as an additional insured. 12

January 12, 2015

2.

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

The Insurance Certificate must also contain the required statement concerning notice of cancellation or other change in coverage. The statement used on some Certificate forms is not acceptable. The statement which is required by the contract documents reads as follows: Such certificate shall provide that in the event of the cancellation of the policy or policies listed on such certificate, not less than 30 days notice in writing shall be given to the Nelson County Public Schools. Note: The cancellation clause in the Insurance Certificate should be modified by striking the works endeavor to in the second line and by striking the clause reading but failure to mail such notices shall impose no obligation or liability of any kind upon the company.

3.

The Certificate Holder should be listed as: Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949

4.

Certificate of Insurance must have an original signature.

Availability of Funds: It is understood and agreed between the parties herein that the School Board shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Vendor shall perform no work which would result in exceeding the dollar limitation of the School Board Purchase Order without first having obtained approval by the School Board. Award of Contract: The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the School Board. The awards or awards to the lowest responsive and responsible Offeror will be made as determined by the proposal evaluation factors. The School Board also reserves the right to reject any or all proposals, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the School Board to be in its best interest. Protest of Award or Decision to Award: Any Offeror who desires to protest the award or decision to award a contract shall submit such protest in writing no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected offeror is not a responsible offeror. The written protest shall include the basis for the protest and the relief sought. The Superintendent of Schools shall issue a decision in writing within ten (10) days stating the reasons for the action taken.

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Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

Changes in the Contract: Changes can be made to the contract in any one of the following ways: The School Board may order changes within the general scope of the contract at any time by written notice to the Vendor. Changes within the scope of the contract include, but are not limited to things such as the method of packing or shipment and the place of delivery or installation. The Vendor shall comply with the notice upon receipt. The Vendor shall be compensated for any additional costs incurred as the result of such order and shall give the School Board a credit for any savings. Said compensation shall be determined by one of the following methods: 1. By mutual agreement between the parties in writing; or 2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Vendor accounts for the number of units of work performed, subject to the School Board’s right to audit the Vendors records and/or to determine the correct number of units independently; or 3. By ordering the Vendor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of the savings realized. The Vendor shall present the School Board with all vouchers and records of the Vendor as it deems necessary to determine costs of savings. Any claim for an adjustment in price under the provision must be asserted by written notice to the School Board within 30 days from the date of the receipt of the written order from the School Board. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia’s Vendor Manual. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Vendor from promptly complying with the changes ordered by the School Board or with the performance of the contract generally. 4. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as part of their written agreement to modify the scope of the contract. Contractual Claims: Whether for money or other relief, contractual claims shall be submitted in writing to the Superintendent of Schools within sixty days after final payment; however, written notice of the contractor’s intent to file such a claim must be submitted to the Superintendent of Schools at the time of occurrence or beginning of the work upon which the claim is based. The Superintendent of Schools shall render a decision in writing to the contractor within thirty days after receipt of the claim. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the School Board, after due oral or written notice, may procure them from other sources and hold the Vendor 14

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Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the School Board may have. Cancellation of the Contract: The School Board reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the Vendor. Any contract cancellation notice shall not relieve the Vendor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. Invoices: Invoices for items ordered, delivered and accepted shall be submitted by the Vendor directly to the payment address shown on the purchase order/contract. All invoices shall show the purchase order number. Taxes: Sales to the School Board are normally exempt from State sale tax. State sales and use tax certificates of exemption will be issued upon request. Indemnification: To the fullest extent permitted by law, the Vendor shall indemnify and hold harmless the School Board and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to, attorneys’ fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Vendor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. In any and all claims against the School Board or any of their agents or employees by any employee of the vendor, or any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Audit: The Vendor hereby agrees to retain all books, records, and other documents relative to cost or pricing data for a period of two years from the date of final payment under the contract and the School Board, its authorized agents, and/or auditors shall have full access to and the right to examine any of said materials. Selection Procedure The Board shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed projects as well as alternative concepts. The Request for Proposal shall not, however, request that offerors furnish 13

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Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-1

estimates of man-hours or cost for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the discussion stage, the Board may discuss nonbonding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbonding estimates of price for services. At the conclusion of discussion, outlined in the paragraph above, on the basis of evaluation factors published in the Request for Proposal, and all information developed in the selection process to this point, the Board shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the public body can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the Board determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to the offeror. Information and/or factors gathered during interviews, negotiations and reference checks, in addition to the evaluation criteria stated in this Request for Proposal, and any other information or factors deemed relevant by the Board, shall be utilized in the final award.

Evaluation Criteria 1. Specialized Facility Design Experience – Firms will be judged upon their demonstrated design experience and ability, with emphasis on projects designed in the past ten years by current employees of the firm. Experience with ADA Compliance in a Career and Technical Education Environment will be a significant consideration. Please submit five (5) names, addresses and telephone numbers of similar renovation/construction projects you have completed. 2. Specialized Experience in Renovation/Construction – Firms will be judged upon their demonstrated experience and ability particularly in ADA compliance in designing alterations and additions to structures of similar size, type and functionality. 3. Qualification and Depth of Key Personnel – Design teams will be evaluated upon the strength of experience and knowledge of their personnel who will be assigned to this project. Please provide professional qualifications of persons who will be involved with this project. 4. Design Ideas – Design team will be evaluated upon their overall conceptual design ideas and their acceptability to the committee. Acceptability will be judged on the intended use as seen in the eyes of the Board. 5. Quality of Prior Work – Design teams will be evaluated upon their record of satisfactory work from other clients. Quality of work evaluation will include the ability to complete well coordinated design documents in a timely manner, the ability to design within a construction budget while compiling 14

January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

accurate cost estimates, and support during construction phase operations. Please provide comments from previous clients. 6. Responsiveness to RFP and Compliance with Associated Instructions – Design teams will be evaluated on the accuracy of their proposal submission, as well as its composition, thoroughness and compliance with these instructions. 7. Design Schedule – Ability of the submitting firm to provide updates and completion of the project in a timely manner. Offeror shall submit a preliminary outline of how they would propose to schedule the different elements of this project, including a projected time schedule.

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January 12, 2015

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Invitation # 2015-01

Proposal Requirements and Non-Collusion Statement (Note: this signature sheet must be returned as part of your response) My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth in Request for Proposal # 2015-1. My signature certifies that the accompanying proposal is not the result of or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Title 18.2, Chapter 12, Article 1.1 of the Code of Virginia, 1950 as amended. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, and Virginia Antitrust Act and Federal Law and can result in fines, prison sentences and civil damage awards. My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest to the County of Nelson or School Board, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationship with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the County of Nelson or School Board, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the Board. IF SIGNATURE IS OTHER THAN THE PRESIDENT, PLEASE FURNISH THIS OFFICE A LETTER OF EXPLANATION FOR AUTHORITY TO SIGN FOR THE PRESIDENT. Attest:

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Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] APPENDIX A:

Excerpts from findings from an OCR Accessibility and Title IX Equal Access Review which are to be rectified through the services sought in this RFP: Finding 5. Less than 50 percent of the drinking fountains on each level of NCHS are accessible. Additionally, the accessible drinking fountains that have been installed are mounted with their leading edges greater than 27 inches above the floor, thereby causing them to be inaccessible for persons who are blind.  Compliance Standard(s): o ADA 2010 307.2 (Protruding Objects: Protrusion Limits) o ADA 2010 602.1 through 602.7; especially 602.4 (Drinking Fountains)  Required Action: Replace 50 percent of the drinking fountains on each floor of NCHS with drinking fountains that can accommodate persons in wheelchairs. Also replace 50 percent of the drinking fountains on each floor with those designed to accommodate persons who are able to stand. Remount the accessible drinking fountains in NCHS so that their leading edges are 27 inches or less above the floor with spout outlets no more than 36 inches above the floor. Alternately, detectable warning objects can be installed at these fountains so that they are cane detectable for blind persons. Finding 6. The middle and top runs of the ramp at gymnasium two (old gym), the top run of the ramp at the commons, the ramp in the hallway of the CTE labs, and the ramp at the entry door of the Agriculture lab and classroom have inaccessible running slopes. Additionally, the top run of the ramp in the commons is missing a second handrail, and there is no edge protection on the ramp at the entry door of Agriculture.  Compliance Standard(s): o ADA 2010 405.1 through 405.9.2 (Ramps) 15  Required Action: Modify the middle and top runs of the ramp at gymnasium two, the top run of the ramp at the commons, the ramp in the hallway of the CTE labs, and the ramp at the entry door of the Agriculture lab and classroom so that their runs have ADA accessible slopes. Also, add another handrail at the top run of the ramp in the commons, and edge protection on the ramp at the entry door of Agriculture.

Finding 8. In the team rooms there are no rear grab bars in the accessible toilet compartments; the pipes are unwrapped at the sinks; mirrors are mounted too high; the shower areas are not accessible, and the benches in the locker room portions of these spaces have no back support. 17

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] NOTE: This area was altered in 2001 (1991 ADA)  Compliance Standard(s): o ADA 1991 4.3.3 (Accessible Route: Width) o ADA 1991 4.17.6 (Toilet Stalls: Grab Bars) o ADA 1991 4.19.4 and 4.19.6 (Lavatories and Mirrors: Exposed Pipes and Surfaces and Mirrors) o ADA 1991 4.21.2 through 4.21.7 (Shower Stalls) o ADA 1991 4.35.4 (Dressing and Fitting Rooms: Bench) o ADA 2010 403.5.1 (Walking Surfaces: Clearances-Clear Width) o ADA 2010 604.5 (Water Closets and Toilet Compartments: Grab Bars)

o ADA 2010 606.5 (Lavatories and Sinks: Exposed Pipes and Surfaces) o ADA 2010 608.1 through 608.7 (Shower Compartments) o ADA 2010 603.3 (Toilet and Bathing Rooms: Mirrors) o ADA 2010 903.3 through 903.5 (Benches: Size, Back Support, and Height)  Required Action: Add rear grab bars within the toilet compartments in the team rooms; wrap the pipes at the sinks; remount the mirrors to an accessible height; and create one accessible shower area or compartment in each team room. Also, provide accessible benches with back support in the locker room portions of these spaces according to ADA standards. Finding 9. In the alternate locker room spaces for males and females at NCHS designated as accessible, there is no designation signage at the entry doors, nor is there directional signage posted indicating the location of these spaces. Also, there are inaccessible thresholds at the transfer type shower compartments within these spaces. In the alternate accessible locker room space for males, there is no toilet paper dispenser in the accessible toilet compartment, and the shower sprayer is not mounted to promote accessibility. In the alternate accessible locker room space for females, the paper towel dispenser is mounted too high, and the shower sprayer is not mounted to the adjustable rod. NOTE: These spaces were created in 2001 (ADA 1991) NOTE: These spaces are currently locked during the school day. However, once they are altered, they must be unlocked during the school day and whenever the inaccessible locker room spaces are opened for use.  Compliance Standard(s): o Title II ADA (as amended): 28 CFR § 35.133 (a)-Maintenance of accessible features (regarding the missing toilet paper dispenser and the unattached shower sprayer) o ADA 1991 4.1.3 (16)(a) and (b) (Accessible Buildings: New Construction- Building 18

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] Signage [permanent rooms and directional]) o ADA 1991 4.30.1, 4.30.4 through 4.30.6 (Signage [designation]: General, Raised and Brailled Characters and Pictorial Symbol Signs, Finish and Contrast, and Mounting Location and Height) o ADA 1991 4.30.1 through 4.30.3, and 4.30.5 (Signage [directional]: General, Character Height, Raised and Brailled Characters and Pictorial Symbol Signs, and Finish and Contrast) o ADA 1991 4.16.6 (Water Closets: Dispensers) o ADA 1991 4.21.6 and 4.21.7 (Shower Stalls: Shower Unit and Curbs) o ADA 1991 4.27.3 (Controls and Operating Mechanisms: Height) o ADA 1991 4.2.5 or 4.2.6 (Space Allowance and Reach Ranges: Forward Reach or Side Reach) o ADA 2010 216.2 and 216.3 (Signs: Designations and Directional and Informational) o ADA 2010 703.1, 703.2, 703.5, and 703.6 (Signs [designation]: General, Raised Characters, Visual Characters, and Pictograms) o ADA 2010 703.5 through 703.5.9 (Signs [directional and informational]: Visual Characters) o ADA 2010 604.7 (Water Closets and Toilet Compartments: Dispensers) o ADA 2010 608.6, and 608.7 (Shower Compartments: Shower Spray Unit and Water, and Thresholds) o ADA 2010 309.3 (Operable Parts: Height) o ADA 2010 308.2.1 and 308.2.2 (Reach Ranges: Forward Reach-unobstructed and obstructed high reach) Required Action: Install designation signage at the entry doors of the accessible alternate locker room spaces for males and females at NCHS to indicate that they are accessible. Additionally, directional signage should be posted to indicate the location of these spaces. Also install a toilet paper dispenser in the accessible toilet compartment in the alternate accessible locker room space for males, and remount the sprayer unit in the shower within this space so that it can be used both as a fixed- position shower head and hand-held shower. Remount the paper towel dispenser in the alternate accessible locker room space for females, and reattach the shower spray unit to its adjustable rod.

Finding 10. There are no fully accessible restrooms on this wing, within the labs or on the hallways. The industrial sinks in the CTE labs that are used as lavatories do not have adequate knee clearance for forward accessibility. Additionally, the paper towel dispensers at these sinks are mounted too high or have inaccessible dispensing controls.  Compliance Standard(s): o ADA 2010 309.3 and 309.4 (Operable Parts: Height and Operation) o ADA 2010 213.2, 213.3.1 through 213.3.5, and 213.3.7 (Toilet Facilities and Bathing Facilities: Toilet Rooms and Bathing Rooms, Toilet Compartments, Water Closets, Urinals, Lavatories, Mirrors, and Coat Hooks and Shelves) o ADA 2010 216.8 (Signs: Toilet Rooms and Bathing Rooms) o ADA 2010 603.2 through 603.4 (Toilet and Bathing Rooms: Clearances, Mirrors, and Coat Hooks and Shelves) o ADA 604.2 through 604.8.1, and 604.8.3 (Water Closets and Toilet Compartments: 19

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected]

o o o o

Location, Clearance, Seats, Grab Bars, Flush Controls, Dispensers, Wheelchair Accessible Compartments, and Coat Hooks and Shelves) ADA 2010 605.2 through 605.4 (Urinals: Height and Depth, Clear Floor Space, and Flush Controls) ADA 2010 606.2 through 606.5 (Lavatories and Sinks: Clear Floor Space, Height, Faucets, and Exposed Pipes and Surfaces) ADA 2010 216.2 (Signs: Designations) o ADA 2010 703.1, 703.2, 703.5, and 703.6 (Signs [designation]: General, Raised Characters, Visual Characters, and Pictograms) ADA 2010

 Required Action: provide accessible restrooms for males and females on this wing within an accessible walking distance from each lab; and provide sinks that have adequate knee clearance for forward accessibility in the CTE labs with inaccessible industrial sinks. Also, remount or replace the paper towel dispensers at the sinks in the labs in order to make them ADA accessible. Finding 11. In the Automotive Technology lab the alignment service equipment is in a 4 ½ foot deep pit that is only accessible by stairs. Additionally, the pit is not properly gated or marked to prevent visually impaired or blind persons from falling into this space.  Compliance Standard(s): o ADA 2010 303.2 and 303.4 (Changes in Level: Vertical and Ramps) o ADA 2010 302.3 (Floor or Ground Surfaces: Openings)  Required Action: Provide a means of gaining access to the alignment pit in the Automotive Technology lab that is ADA acceptable. Also, add ADA acceptable gates and/or mark the pit using ADA detectable warnings to prevent visually impaired or blind persons from falling into this space. Finding 12. The ramp at the greenhouse, the aisles within this space, and the threshold at the doorway to transition into the second half of this space are all inaccessible. Additionally, there are knobs at all greenhouse doors.  Compliance Standard(s): o ADA 2010 405.2 through 405.7.5 (Ramps) o ADA 2010 303.2 and 303.3 (Changes in Level: Vertical and Beveled) o ADA 2010 404.2.5 and 404.2.7 (Doors, Doorways, and Gates: Manual Doors, Doorways, and Manual Gates-Thresholds and Door and Gate Hardware) o ADA 2010 309.4 (Operable Parts: Operation) o ADA 2010 403.5.1 (Walking Surfaces: Clearances-Clear Width)  Required Action: Modify the ramp at the greenhouse so that it meets all ADA requirements for accessible ramps; rearrange and/or remove items within this space to create aisles with ADA acceptable widths; modify the threshold at the doorway to the second half of the greenhouse so that 20

Nelson County Public Schools P.O. Box 276 Lovingston, VA 22949 Shannon Irvin, Assistant Superintendent of Administration Phone (434) 206-7646 Fax (434) 263-7115 [email protected] it is an ADA accessible height. Additionally, the inaccessible hardware (knobs) on the greenhouse doors should be replaced.

Provide an action plan that identifies: (1) each finding, (2) how the school division will make the required corrections, (3) timelines, (4) person(s) responsible for the corrections, and (5) how the school division will monitor to ensure full compliance.

Comparable Facilities Issues: Local educational agencies are required to provide comparable facilities, in terms of quality and convenience, for students with disabilities and students of different genders. This applies to both facilities within the same building as well as separate facilities designated specifically for students with disabilities or specific gender students. Separate facilities should be located in similar proximity to the associated classrooms, shops or laboratories. Section 504: 34 CFR § 104.34(c), Guidelines VI-A, Title IX: 34 CFR § 106.33, Section 504: 34 § CFR 104.4(b)(ii)

Observation: The reviewed aspects of this equity requirement included facilities of similar quality and convenience for both genders as well as students with disabilities. The on-site review of this equity requirement consisted of reviews of indoor athletic and academic facilities. As a result of this review, it was found that NCPS does not provide for comparable facilities in all assessed programs and service areas. The following documentation was utilized in reviewing this equity requirement:

 On-site visual review of locker rooms, indoor athletic facilities  Assessment of sports programs offered for both boys and girls  On-site visual review of CTE academic programs for all students Finding(s) Requiring Action:

Finding 1. Nelson County H.S. has two dedicated team rooms, both of which were altered in 2001 and are currently used for male sports teams only. Also, currently there is only office space for a male coach in this area.  Compliance Standard(s): Title IX: 34 CFR § 106.33, Section 504: 34 CFR § 104.4(b)(ii) Changing rooms, showers, and other facilities for students of one sex are comparable to those provided to students of the other sex.  Required Action: Assign female sports teams to use one of the two team rooms behind gymnasium two (the old gymnasium). Also, designate office space for at least one female coach in this area. 21