Purchasing and Financial Control P. O. Box Roanoke, VA (540) Fax (540) July 14, Invitation for Bid IFB 2893

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1 Purchasing and Financial Control P. O. Box Roanoke, VA (540) Fax (540) July 14, 2015 Invitation for Bid IFB 2893 Notice is hereby given of the intention of the School Board for the City of Roanoke, Virginia, to contract for: ON-CALL DISTRICT WIDE CONTRACTED ROOF REPAIR SERVICES Vendors, who are not preregistered and wish to submit a Bid, should complete the "Vendor Application Form" which is found at and click on forms, complete, and return to the Purchasing Manager with your Bid. Sealed Bids will be received in the Purchasing and Financial Control Department (Terrace Level) for the ROANOKE CITY SCHOOL BOARD, 40 Douglass Avenue, NW, Roanoke, Virginia Delivery of Bid: It is the responsibility of the vendor to assure that its Bid is delivered to the place designated for receipt of Bids and by the time set for receipt of Bids. No Bids received after the time designated for receipt of Bids will be considered. Bids must be in the hands of the officer or agent of the Owner whose duty it is to receive them by the time specified. The officer or agent of the Owner whose duty it is to receive Bids will decide when the specified time has arrived and will determine if the Bid was in their possession by that time. For Hand delivered Bids, sufficient time must be allowed for the building receptionist to contact the Purchasing and Financial Control Office (Terrace Level). Receptionist will not be responsible for last minute arrivals or late Bids. Due Date and Time: August 10, 2015, 3:00 P.M. Bids will be opened and publically read aloud at 3:30 P.M. on August 10, 2015 at the Ruffner Professional Development Center, Operations Conference Room. In the event that School Board offices are closed due to inclement weather and/or emergency situations prior to or at the time set aside for Bids, the published due date will default to the next open business day at the same time. ROANOKE CITY SCHOOL BOARD Peggy A. Long Purchasing Manager *********************************************************************************************************** Electronic Invitation to Bid/RFP Retrieval Instructions: Full copies of Requests for Proposals, Bids, and Addenda in pdf format must be retrieved over the Internet at the following address: Click on Bids and Proposals. To retrieve the Invitation to Bid or Request for Proposal, you will need to download the Adobe Reader. You will only need to download the Adobe Acrobat Reader program one time. Problems - If you experience problems, Call or plong@rcps.info for assistance. ***************************************************************************************** THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS.

2 ON-CALL DISTRICT WIDE CONTRACTED ROOF REPAIR SERVICES IFB 2893 I. Introduction The Roanoke City Public Schools ( RCPS or Owner ) intends to retain qualified firms to provide On-Call Roof Repair Services as needed. This document establishes the anticipated services to be performed and outlines the evaluation and selection process however; this document does not guarantee a contract with the selected firm(s). II. Scope of Work The selected firm(s) shall furnish on-call roofing services, covered by this contract which the District may require during the period of time specified. Selected firm(s) will provide the following services to the District under a one year nonexclusive contract with four (4) optional one (1) year renewals. Services include but may not be limited to: The Contractor will supply all components necessary to provide turnkey roof repair services as follows: 1. Contractor will repair areas as indicated by Roanoke City Public Schools as per specifications. 2. Work will consist of a combination of single ply, modified bitumen, and built up roofing. 3. Work may include removal and replacement of, but not limited to, all curbs, flashing, drains, gutters, down spouts, metal flashings, copings, edge metal, cleats, fasteners, wood blocking, adhesives, and membranes. 4. Drains may also be required and/or tapered insulation used to keep water from ponding as specified by owner. 5. Contractor will work with a representative of RCPS who will monitor work daily. 6. Once repairs begin, contractor will work until the conclusion of the repairs. 7. Warranties for workmanship will be no less than three (3) years. 8. Contractor must be a Class A contractor and have no past history of bankruptcy or bankruptcy protection. 9. Contractor will have a twenty four (24) hour response time. 10. Contractor will complete a certificate of Compliance for all employees working on the job and if a sub-contractor is used a certificate of compliance must also be completed for all employees who will be on the owner s property. 11. RCPS encourages the use of MBE and WBE if sub-contractors are used. 12. Contractor must supply asbestos core samples and lab reports in compliance with Virginia regulations. 13. Contractor will be responsible for abatement and monitoring where required to comply with local, state and federal law. A copy of all asbestos reports will be sent to the Chief of Facilities and also submitted to the City of Roanoke Building Office. 14. Contractor will be required to submit all Building Permits and drawings required by the City of Roanoke to the Chief of Physical Plants (or his designee) before starting the work. 15. If repairs are needed during the school year, Contractor will work with the Principal and RCPS representative of that school to ensure classes are not disrupted. 16. Contractor is responsible for clean up and removal of all debris created during the course of the project. 2 P a g e

3 17. Contractor will cover and protect furnishing and floors from dust and debris and clean rooms as necessary to allow class to resume immediately after repairs. 18. Contractor will contact RCPS representative and the school Principal for storage of materials as needed for the job. 19. Contractor must provide and maintain all insurances and be bonded while working with RCPS. 20. At the conclusion of repairs, Contractor will provide a project closeout report of the work completed. This should include; before, during, and after photos, drawings, specification of materials used, daily reports, warranties, and a copy of all permits. 21. Contractor will also supply a Class A fire rating which will be UL or FM rated for 90 psf wind uplift and a wind compliance verification for all work performed. 22. All contractors will register at the front office of the RCPS location before work begins daily. 23. Contractor shall inform all of his employees of any RCPS s policy on safety and that all safetyrelated policies and regulations should be implemented. Contractor agrees to defend and to be solely responsible for all citations, assessments, fines or penalties which may be received or incurred by reason of Contractor s failure or the failure of the Contractor s agents, employees, suppliers or subcontractors to comply with safety standards, rules, regulations and requirements. III. Pre-bid Conference A non-mandatory, pre-bid meeting will be held on July 28, 2015, at the Ruffner Professional Development Center, 3601 Ferncliff Avenue, NW, Roanoke, VA 24017, at 10:00 A.M. Written questions may be submitted via to Peggy Long plong@rcps.info by 4:00 P.M., July 29, Answers shall be posted by July 30, Individual s will not be answered. Calendar of Events Date Release IFB July 14, 2015 Pre Bid Meeting July 28, 2015 (10:00 A.M.) Receive Written Inquiries (no later than) July 29, 2015 (4:00 P.M.) Answer Written Inquiries (anticipated) July 30, 2015 (5:00 P.M.) Receive Bids August 10, 2015 (3:00 P.M.) IV. Method of Award 1. Award will be made based on the rate sheet (Attachment A). Past performance of bidders will also be considered in determining the award. 2. Bidders will be required to provide at least three (3) (names of contact persons and phone numbers) references of similar sized and scoped contracts during the past eighteen (18) months. 3. Awards may be placed to two (2) primary Contractors, effectively the two (2) lowest responsive and responsible bidders. It is the intention of the Division to issue work equally with both Contractors, however the assignment of work shall be at the sole discretion of the Division. Subject to, and without in any way enlarging or limiting the other provisions of the contract, any claim of either Contractor against the Division for extra compensation or damages arising out of assignment of work by the Division shall be deemed to have been waived by both Contractors. V. FORMS TO BE SUBMITTED WITH BID Bidders shall include the following in their sealed bid submission: Attached Price Sheet, Signed Bid Certification Form and Reference Sheet. 3 P a g e

4 VI. COOPERATIVE PROCUREMENT The procurement of goods and/or services provided for in this Bid is being conducted pursuant to Virginia Code Section 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 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. VII. 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 Bid shall be free of excise or transportation taxes. 2. Mandatory use of RCPS Form and Terms and Conditions: Failure to submit a Bid on the official form provided for that purpose shall be a cause for rejection of the Bid. Return of the completed document is required. Modification of or additions to any portion of the solicitation may be cause for rejection of the Bid; however, RCPS reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a Bid as non-responsive. Supplementary data and information which respond to inquiries, demonstrate qualifications and expertise, etc., may be attached to the Bid 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. 5. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of RCPS. 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 Bid, all Offerors certify and warrant that their Bids 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 Bid, 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, present or promised, unless consideration of substantially equal or greater value is exchanged. 8. Anti-Discrimination: By submitting their Bid, 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 4 P a g e

5 Employment Act of 1975, as amended, where applicable, and Section 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 Bid, all Offerors certify that they are not currently debarred from submitting Bids 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 Bids 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. 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 Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. RCPS further reserves the right to reject any Bid if the evidence submitted by, or 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. 12. Anti-Collusion Certification: By signing the Bid, the Offeror certifies that the Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid 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 Bid and certifies that the individual signing the proposal is authorized to do so. 13. 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 day, however. 14. 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 P a g e

6 15. 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 , , , , and of the Occupational Safety and Health Administration (OSHA), US. Department of Labor. 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. 16. 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 Lead Standard for General Industry Respiratory Protection Hazard Communication Specifications for Accident Prevention (Sign and Tags) 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 Z Practices for Respiratory Protection e. ANSI Z 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 h. Virginia Department of Environmental Quality, Hazardous Waste Management Regulations 9VAC 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. 6 P a g e

7 VIII. Special Terms and Conditions: 1. Insurance: Prior to 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: i. Workers Compensation-Standard Virginia Workers Compensation Policy Broad Form Comprehensive General Liability --$1,000,000 Combined Single Limit coverage to include: Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors; RCPS and Contractor s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.); ii. Automobile Liability-$1,000,000 Combined Single Limit 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. 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 $10,000 or a cumulative amount of more than 25%, whichever is greater, without the advance written approval of the Assistant Superintendent for Operations. 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 (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 Bid document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the bid. 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 assure 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 7 P a g e

8 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. Bid Acceptance Period: Any Bid resulting from this solicitation shall be valid for 90 days. At the end of the 90 days, the Bid may be withdrawn at the "written" request of the Offeror. If the Bid is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Withdrawal of Bids due to error shall be in accordance with Section II-54 (ii), Code of Virginia. 9. Late Bids: To be considered for award, Bids must be received by Roanoke City Public Schools, Attention Peggy A Long, 40 Douglass Ave NW, Roanoke, VA 24012, by the designated opening date and hour. The official time used in the receipt of bids is that time on the clock located in RCPS Purchasing Department. Bids 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 insure that their Bid reaches Roanoke City Public Schools Purchasing Department by the designated date and hour. 10. 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. 11. 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. 12. 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. 13. 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. 14. Contract Documents: The contract entered into by the parties shall consist of the Bid documents, the signed Bid submitted by the Contractor, Roanoke City Public Schools Standard Contract form (Attachment B), 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. 8 P a g e

9 15. Rejection of Bids: The Assistant Superintendent for Operations, on behalf of the School Board, reserves the right to reject any and all Bids. 16. 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 Assistant Superintendent for Operations 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 , Code of Virginia) 17. Disclosure of Bid Contents: Ownership of all data, materials, and documentation originated and prepared for the Roanoke City School Board pursuant to the bid 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 court; however, the Offeror must invoke the protection of Section (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 identify 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 by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute a trade secret or proprietary information. The classification of an entire bid document, line item prices, and/or total bid prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the bid. 18. Drug Free Workplace: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor s employees; (ii) 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 violation of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 19. Authorization to Conduct Business in Virginia. The attention of each Bidder/Offeror is directed to Virginia Code Section (effective July 1, 2010) which requires a bidder or Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law, shall include in its bid or proposal the Identification Number issued to such bidder or Offeror by the Virginia State Corporation Commission (SCC). Furthermore, any bidder or Offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or Offeror is not required to be so authorized. Please complete the following by checking the appropriate line that applies and providing the requested information: 9 P a g e

10 b. Bidder/Offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder s/offeror s Identification Number issued to it by the SCC is. c. Bidder/Offeror is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such bidder s/offeror s Identification Number issued to it by the SCC is. c. Bidder/Offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s): 10 P a g e

11 IX. Additional Forms MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION The Bidder (Proposer) should complete the following information: Is Bidder (Proposer) a qualified minority or women-owned business enterprise (MBE/WBE)? Yes: No:. Regardless of response to this question, Bidder shall complete the following: Will Bidder be using subcontractors? Yes: No: In conjunction with the desire of the School Board of the City of Roanoke, VA s policy to utilize Minority and Women-Owned Business Enterprises wherever possible, the Bidder (Proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.) Type of Labor, Service A. Name of Firm Person(s) Contacted or Material Quoted Date Of those Listed above, we intend to utilize the following MBE/WBE in completion of the work required by this contract. (Attach additional sheet if necessary.) Type of Labor, Service Amount of Contract Name of Firm or Material Quoted Subcontract The Bidder will utilize the indicated MBE/WBE firms in this project. If the Bidder (Proposer) determines not to use the indicated MBE/WBE, Bidder must notify the School Board and provide a valid nondiscriminatory business reason for not employing the MBE/WBE. B. If the MBE/WBE s indicated in paragraph A will not be utilized, please state the reason for each firm. (Attach additional sheet if necessary.) Name of Firm Results of Contact 11 P a g e

12 C. If unable to contact MBE/WBE s, please indicate efforts made: (Attach additional sheet if necessary.) This firm has made a good faith effort to utilize MBE/WBE s whenever possible. BIDDER: (Firm) (Address) (Telephone) (FAX) (Ink Signature and title) (Date) (Seal and attest Seal if Proposal is by Corporation) 12 P a g e

13 ROANOKE CITY PUBLIC SCHOOLS CERTIFICATION OF COMPLIANCE WITH VIRGINIA CODE 1. A sworn statement or affirmation from the contractor that neither the contractor nor any of its employees have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child nor a crime of moral turpitude is mandated by Virginia Code Section Affirmation from the contractor that the contractor does not, and shall not during the performance of the contract for goods and services in Virginia, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of Bid/Proposal-Number: 2893 Company Name: List of employee(s) assigned to the project: By signature below, I hereby certify that 1) a criminal background check has been performed as part of the employment process for the above listed persons and that based upon the results of such background check these individuals have never been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; nor a crime of moral turpitude; 2) to the best of my knowledge and belief none of these individuals is currently the subject of any pending criminal charges involving a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; nor a crime of moral turpitude; and 3) I do not nor shall I during the performance of the contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of If the employees assigned to the project change, an updated copy of this form must be submitted to the Purchasing office before an added employee can begin to work on the project. Only employees on this list will be allowed on campus or be allowed to interact with students. Name of Company Officer Date Signature 13 P a g e

14 Reference Form 1. Project Location and Scope: Agency Name: Address: Contact Person: Telephone No. 2. Project Location and Scope: Agency Name: Address: Contact Person: Telephone No. 3. Project Location and Scope: Agency Name: Address: Contact Person: Telephone No. Company: Signature: Title: Date 14 P a g e

15 CERTIFICATION OF BID IFB # 2893 ON-CALL DISTRICT WIDE CONTRACTED ROOF REPAIR SERVICES The undersigned certifies a comprehension of the specifications in the foregoing bid, and that the merchandise or service submitted for this bid meets or exceeds industry standard. The undersigned agrees to the terms of the Bid and if awarded agrees that these terms will serve as a legal contract. The successful vendor certifies that the vendor, all principals and sub recipients, are not suspended or debarred from providing the services described in this contract. Further, Roanoke City Public Schools reserves the right to review the List of Parties Excluded from Federal Procurement or Non procurement Programs to determine that the successful vendor, including all principals and sub recipients, has not been suspended or debarred from providing the services described in this contract. FIRM BY (Signature validates bid) (Print or type name) TITLE ADDRESS CITY, STATE, ZIP TELEPHONE TOLL-FREE NUMBER FAX NUMBER DATE 15 P a g e

16 DETACH AND SECURELY AFFIX THIS FORM TO THE FRONT OF THE ENVELOPE Detach Here Company Name Company Mailing Address Company City, State, Zip Roanoke City Public Schools Attn: Peggy A. Long, Purchasing Manager Department of Purchasing and Financial Control 40 Douglass Avenue NW Roanoke, VA Roanoke City Public Schools IFB # 2893 Closing Time and Date of Proposal :00 PM, August 10, 2015

17 Pricing Sheet ATTACHMENT A Submitted by: Firm Name ROOFER (RATE) REGULAR WORK DAY $ OVERTIME $ HOLIDAY $ EMERGENCY $ SUPERVISOR (RATE) REGULAR WORK DAY $ OVERTIME $ HOLIDAY $ EMERGENCY $ MATERIALS $ MARK UP $ OTHER FEES (list) $ $ $ $ $ $ $ BIDDER: (Firm) (Address) (Telephone) (FAX) (Ink Signature and title) (Date)

18 ATTACHMENT B - SAMPLE CONTRACT Contract for This contract is dated , between School Board of the City of Roanoke, Virginia, hereinafter referred to as The Board or Owner (RCPS), and , hereinafter referred to as the Contractor. WITNESSETH: NOW, THEREFORE, for and in consideration of the benefits that will accrue to the parties hereto by virtue of this Contract and the Respective Covenants contained herein, IT IS MUTUALLY COVENANTED AND AGREED BY ROANOKE CITY PUBLIC SCHOOLS AND AS FOLLOWS: SECTION 1. PROJECT The term Project as used in this Contract refers to the following: SECTION 2. SCOPE OF SERVCES For and in consideration of the money hereinafter specified to be paid by Owner to the Contractor for the Work provided for in this Contract to be performed by the Contractor, the Contractor hereby covenants and agrees with Owner to fully perform the services, provide any materials and/or items called for and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. The parties agree that SECTION 3. CONTRACT AMOUNT Owner agrees to pay the Contractor for the Contractor s complete and satisfactory performance of this Contract, the amounts for Contract may be increased or decreased by additions and/or reductions in the Work as may be authorized and approved by Owner and the Contract amount may be decreased by Owner s assessment of any damages against the Contractor, as may be provided for in this Contract or by law, and Owner retains the right of setoff as there is no guarantee of any minimum amount of items that may be ordered by Owner and that no items may be ordered.

19 SECTION 4. PAYMENTS TO OTHERS BY CONTRACTOR The Contractor agrees that Contractor will comply with the requirements of Section of the Virginia Code regarding Contractor s payment to other entities and the Contractor will take one of the two actions permitted therein within seven (7) days after receipt of amounts paid to Contractor by RCPS. Contractor further agrees that the Contractor shall indemnify and hold RCPS harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the Contractor equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, RCPS may, in RCPS s sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if RCPS determines it to be appropriate to do so. SECTION 5. TERM OF CONTRACT This contract is effective , with four (4) optional one (1) year renewals, pursuant to the terms of the Contract. All terms and conditions shall remain in force for the initial term of the Contract and for any renewal term unless modified by mutual agreement of both parties. Changes to any discount percentages for any renewal term periods will be subject to the mutual agreement of both parties. SECTION 6. HOLD HARMLESS AND INDEMNITY Contractor shall indemnify and hold harmless RCPS and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney s fees, resulting from or arising out of Contractor s or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near RCPS s property or arising in any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. SECTION 8. INDEPENDENT CONTRACTOR The relationship between Contractor and RCPS is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation (regardless of number of employees) and unemployment insurance

20 to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors, and that they are properly licensed. SECTION 9. REPORTS, RECORDS, AND AUDIT Contractor agrees to maintain all books, records and other documents relating to this Contract for a period of seven (7) years after the end of each fiscal year included in this Contract. RCPS, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine, copy, and/or audit any of such materials during such period, upon prior written notice to Contractor. SECTION 10. INSURANCE REQUIREMENTS Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth below: d. Prior to 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: e. Workers Compensation-Standard Virginia Workers Compensation Policy Broad Form Comprehensive General Liability --$1,000,000 Combined Single Limit coverage to include: Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors; RCPS and Contractor s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.); (Minimal limits of liability for Employer s Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $1,000,000 bodily injury by disease (each employee). f. The minimum limit of liability for Fleet Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this contract. g. Professional Liability. Covering negligent acts, errors, and omissions with a ten year intended reporting endorsement in the following amounts: 1. Projects under $5,000,000: $1,000,000 with an aggregate of $2,000, Projects from $5,000,000 - $15,000,000: $2,000,000 with an aggregate of $4,000, Projects over $15,000,000: $5,000,000 with an aggregate of $10,000,000. h. 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. i. Broad Form Contractual Liability insurance shall include the indemnification obligation set forth in the Contract. j. The insurance coverages and amounts set forth in subsections A, B, C, D, E, F of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be use, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages as required by the above referenced subsections and it is further agreed that each statement shall be made a part of the certificate of insurance furnished by the Contractor to RCPS.

21 Such insurance coverage shall be obtained at the Contractor s sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by RCPS within 30 days of the execution of this Contract or as otherwise required by RCPS s Assistant Superintendent for Operations. SECTION 11. DEFAULT If Contractor refuses or fails to perform any of the terms of this Contract, including poor services, work or materials, RCPS may, by written notice to Contractor, terminate this Contract in whole or in part. In addition to any right to terminate, RCPS may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to RCPS resulting from Contractor's default. RCPS further reserves the right to immediately obtain such work or services from other entities in the event of Contractor s default. SECTION 12. NONWAIVER Contractor agrees that RCPS s waiver or failure to enforce or require performance of any term or condition of this Contract or RCPS s waiver of any particular breach of this Contract by the Contractor extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Contractor and does not bar RCPS from requiring the Contractor to comply with all the terms and conditions of the Contract and does not bar RCPS from asserting any and all rights and/or remedies it has or might have against the Contractor under this Contract or by law. SECTION 13. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Contract, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 14. SEVERABILITY If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. SECTION 15. NONDISCRIMINATION A. During the performance of this Contract, Contractor agrees as follows: 1. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

22 2. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. 3. 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. Contractor will include the provisions of the foregoing Section A (1, 2, 3) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 16. DRUG-FREE WORKPLACE A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor s employees; (ii) 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 such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace ; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 17. FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section , be advised that RCPS does not discriminate against faithbased organizations. SECTION 18. ASSIGNMENT Contractor may not assign or transfer this Contract in whole or in part except with the prior written consent of RCPS, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof. SECTION 19. CONTRACTUAL DISPUTES Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from RCPS to the Contractor that RCPS disputes the amount of Contractor s request for final payment. However, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by RCPS Assistant Superintendent for Operations or RCPS Assistant

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