SCHOOL DISTRICT OF JEFFERSON COUNTY PUBLIC SCHOOLS, LOUISVILLE, KENTUCKY REQUEST FOR PROPOSAL FOR COMPETITIVE NEGOTIATION 3040

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1 SCHOOL DISTRICT OF JEFFERSON COUNTY PUBLIC SCHOOLS, LOUISVILLE, KENTUCKY REQUEST FOR PROPOSAL FOR COMPETITIVE NEGOTIATION 3040 ON Rebuild and Refurbishment of Alvey Brand Rack Washer Units PROPOSAL RETURN DATE: September 30, 2014 TIME: 3:00 P.M. E.T.

2 INTRODUCTION Purpose: The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified firms to provide the School District of Jefferson County Public Schools (referenced in this document as JCPS or the District ) with a turnkey solution to refurbish rack warewashers located at the Nutrition Service Center, 360 Farmington Ave., Louisville, Kentucky, 40209, which have reached their useful life. The District is seeking an interested company that has demonstrated the ability to fully provide a turnkey solution which limits down time of production operations. The two existing ALVEY wash units must have all key components replaced up to the union of the steam piping. The successful proposal will provide a turnkey solution utilizing factory parts, factory trained installers, handle all staging and storage, freight, dumpster, equipment rental and off-site warehousing necessary for the refurbishment. The successful proposal will provide a schedule of installation utilizing production downtime only. Weekends and nights are expected in the proposal. JCPS will provide all necessary electrical, water, air, gas and sewer connections. Adequate staging area in close proximity to worksite, access to restrooms and wash facilities and power for equipment will be provided. All work is to be done in stages leaving one working unit online at all times during production time. Substantial completion of work is anticipated by January 5 th,

3 DEFINITIONS ADDENDA PROPOSAL PROPOSED CONTRACT SUM OFFEROR PROPOSING DOCUMENTS Written or graphic instruments issued by the contracting officer prior to the execution of the contract which modify or interpret the proposal documents by additions, deletions, clarifications or corrections. A complete and properly signed document, proposing to do the work for the sum(s) stipulated therein (enclosed in a separate envelope) supported by data called for by the RFP documents. The sum stated on the Cost Schedule Form for which the proposer offers to perform the work described in the specifications and other documents composing the RFP. One who submits a proposal for contract with the Board for the work described in the RFP. Proposing documents include the Advertisement, Request For Proposals, Instructions to Proposers, Proposal Form and the Proposed Contract Documents, including any addenda prior to receipt of proposals. All definitions set forth in the General Conditions of the contract for services or in other contract documents and the Board's Procurement Regulations are applicable to the proposing documents. RFP Request For Proposals For the purposes of this RFP, the following terms may be used interchangeably: Jefferson County Public Schools, JCPS, or the District School and Community Nutrition Services, SCNS, or Department Proposer, Offeror, Contractor, Provider, or Vendor RFP, Proposal, or Solicitation 3

4 MODEL PROCUREMENT REGULATIONS Model Procurement Regulations adopted by the Jefferson County Board of Education shall be deemed incorporated by reference in these specifications as though quoted fully herein. Jefferson County Schools function under the Model Procurement Code, Kentucky Revised Statutes 45A, which allows the school system to function by approved regulations. Copies of these regulations are on file in the Purchasing/Bid Department, Jefferson County Public Schools and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. It is the responsibility of the offeror to be familiar with these Regulations. 4

5 INSTRUCTIONS AND CONDITIONS ARTICLE 1 - INVITATION Sealed proposals will be received by the Purchasing/Bid Department, Jefferson County Public Schools, C. B. Young, Jr., Service Center, 3001 Crittenden Drive, Louisville, Kentucky 40209, in the manner and on the date hereinafter specified for the furnishing of all equipment and services necessary for the rebuild and refurbishment of two Alvey brand rack washer units. ARTICLE 2 - PRE-PROPOSAL QUESTIONS Questions regarding this Request for Proposal shall be submitted in writing or via to Ken Popplewell, Director of Purchasing/Bids (purchasingbids@jefferson.kyschools.us) no later than 4:30 p.m., September 25, All questions and responses relevant to this RFP will be posted by 4:30 p.m., September 26, 2014 on the website where this proposal is displayed. ARTICLE 3 - DATE AND TIME OF CLOSING 3.1 The proposals will be received until 3:00 p.m., Eastern Time, September 30, All proposals must be received by the date and time designated in this proposal and none will be considered thereafter. 3.2 Any quotations received after scheduled time of opening will be returned unopened to the offeror. ARTICLE 4 - SUBMISSION OF PROPOSALS 4.1 Copies of the RFP may be obtained in the Purchasing/Bid Department at the above address, between 9:00 a.m. and 4:00 p.m., Monday through Friday, or on the JCPS web site: prior to the date and time specified for opening. 4.2 Proposals must be mailed or delivered on or before the RFP opening date to Ken Popplewell, Director of Purchasing, C. B. Young, Jr., Service Center, 3001 Crittenden Drive, Louisville, Kentucky 40209, in special envelopes supplied with this Request for Proposal. All proposals will be opened in the Purchasing/Bid Department Conference Room of the C. B. Young, Jr., Service Center, 3001 Crittenden Drive, Louisville, Kentucky The Board of Education cannot assume the responsibility for any delay as a result of failure of the mail or delivery services to deliver proposals on time. The proposals will not be opened to the public nor be disclosed to unauthorized persons prior to the award of the contract. However, after award of the contract, all proposals shall be open to public inspection, subject to any continuing prohibition on the disclosure of confidential data. Any quotes received after scheduled time of opening will be returned unopened to the vendor. Any unauthorized contact with any other official or employee in connection with this Request for Proposal is prohibited and shall be cause for disqualification of the proposer. 4.3 Submit one (1) original and two (2) copies of the proposal. Information must be labeled and submitted in the order identified in the RFP. 4.4 By submitting a proposal, the vendor is indicating that he/she has read, understands and agrees to all the specifications outlined in this proposal. 5

6 ARTICLE 5 - QUOTATION FORMS 5.1 Quotations shall be submitted on the COST SCHEDULE FORMS attached hereto. 5.2 All blanks on the RFP form shall be filled in and all support data shall be furnished. (Failure to do so will subject your quotation to rejection.) 5.3 The COST SCHEDULE FORM containing prices is to be submitted in the small envelope furnished with this RFP. 5.4 The PROPOSAL FORM outlining the materials and services to be furnished is to be submitted in the large envelope furnished with this RFP. Do not include any pricing on the PROPOSAL FORM. If included this will be grounds for rejection. 5.5 The small sealed envelope may be placed inside the large envelope. 5.6 All prices and quotations must be in ink or typewritten. No pencil figures or erasures will be permitted. Mistakes are to be crossed out and corrections inserted adjacent thereto and initialed by person signing quote. Also, corrections made with correction tape or fluid are to be initialed. Quote unit prices in whole numbers only to the nearest cent. Fractional pricing will not be considered. 5.7 Both the PROPOSAL FORM and COST SCHEDULE FORM must be signed. Signature must be in ink (no pencil). No proposal can be signed after being opened. Any unsigned proposal will be rejected. A facsimile signature must be initialed in ink. ARTICLE 6 - TELEGRAPHIC OR FACSIMILE QUOTES Telegraphic or facsimile quotes are prohibited; any and all bids received electronically shall be considered a non-responsive quotation. Submittals (other than pricing) may be accepted by facsimile or . ARTICLE 7 - FAILURE TO RESPOND Businesses that fail to respond to invitations for RFP or notices of availability on two (2) consecutive procurements of similar items may be removed from the applicable mailing list. ARTICLE 8 - AWARD OF CONTRACT 8.1 Upon ascertaining that the proposals received from the offerors constitute a competitive range wherein the best interests of the school system shall be served, the contract will be awarded to the best-evaluated offeror submitting a proposal after the application of any reciprocal preference for resident bidders as required by the Kentucky Model Procurement Code. 8.2 Upon acceptance of a proposal by the School Board, the provider shall agree that service shall not be canceled without a 90-day written notification submitted to the Director of Purchasing prior to the cancellation. 6

7 ARTICLE 9 - RECIPROCAL PREFERENCE In accordance with KRS 45A.490 to 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror. In evaluating proposals, Jefferson County Public Schools will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. Residency and nonresidency shall be defined in accordance with KRS 45A.494(2) and 45A.494(3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria as set forth in the above referenced statute. ARTICLE 10 - EVALUATION CRITERIA The Purchasing/Bid staff will first evaluate proposals as being responsive or non-responsive based on the specifications provided. Second, a committee will evaluate proposals based on the information provided in the vendor s proposal, and any other information requested in the evaluation process. The criteria for meeting the competitive range (and points for each) will determine the lowest evaluated offeror. 1.) Does the proposal capture all scope of the project 20% 2.) Ability to perform the scope of work in time frame needed 30% based upon past experience 3.) Experience and references 10% 4.) Cost 40% ARTICLE 11 - PERIOD OF CONTRACT TOTAL 100% The actual period of the contract will be from date of Board approval through March 31, ARTICLE 12 - DISCUSSION OF PROPOSALS 12.1 The Contracting Officer may or may not conduct post negotiations of technical aspects of the proposals and/or prices after reviewing all proposals submitted. These negotiations will involve only offerors who submit proposals which fall within the competitive range The offeror s representative shall be qualified for answering and giving administrative and technical clarifications relative to the proposal Offerors submitting proposals categorized as unacceptable or not falling within the competitive range shall be so notified and said offerors will not be allowed to submit supplemental information amending the proposal. If an offeror has not been notified that his proposal has been found unacceptable or not falling within the competitive range, said offeror may submit supplemental information amending the proposal at any time until the closing date established by the Contracting Officer. ARTICLE 13 - TREATMENT OF PROPOSALS 13.1 Proposals will not be open to the public nor be disclosed to unauthorized persons prior to award of contract. However, after award of contract, all proposals shall be open to public inspection, subject to any continuing prohibition on the disclosure of confidential data which is designated as such in any proposal A contract may be awarded on the proposals as submitted or the Director of Purchasing may elect to negotiate as to technical performance or price, or both, with offerors whose proposals fall in the competitive range as defined in the RFP. 7

8 ARTICLE 14 - MODIFICATION OR WITHDRAWAL OF PROPOSAL 14.1 A proposal may not be modified, withdrawn or canceled by the proposer during the stipulated time period following the date and time designated for the receipt of proposals Prior to the closing date and time designated for receipt of proposals, proposals submitted early may be modified or withdrawn only by notice to the party receiving proposals at the place and prior to the closing time designated for receipt of proposals Any modification shall be so worded as not to reveal the amount of the original proposed sum. To do so will render the modification and original proposal invalid Withdrawn proposals may be resubmitted up to the closing time designated for the receipt of proposals provided that they are then fully in conformance with these instructions to offerors. ARTICLE 15 - INTERPRETATION OR CORRECTION OF RFP'S 15.1 Offerors shall promptly notify the Director of Purchasing of any ambiguity, inconsistency or error which they may discover upon examination of the RFP's or of the local conditions Any interpretation, correction or change of the RFP will be made by addendum, issued by the Director of Purchasing. Interpretations, corrections or changes in the RFP made in any other manner will not be binding and offerors shall not rely upon such interpretations, corrections and changes. ARTICLE 16 - ADDENDA 16.1 Addenda will be mailed or delivered to all who are known by the Director of Purchasing to have requested and were furnished RFP's Copies of addenda will be made available for inspection wherever RFP's are on file for that purpose No addenda will be issued later than seven (7) days prior to the date of receipt of proposals, except for postponing the date for receipt of proposals, or withdrawing the request for proposals Each offeror shall ascertain prior to submitting his proposal that he has received all addenda issued, and he shall acknowledge their receipt on the RFP form. ARTICLE 17 - RIGHT TO REJECT 17.1 The Jefferson County Board of Education, reserves the right to reject any and all proposals where the best interests of the Board may be served, including the right to award a contract without any further discussion or negotiation with anyone proposing these services. The Jefferson County Board of Education also reserves the right to reject any proposal where evidence or information submitted by the vendor does not satisfy the Board of Education that the vendor is qualified to carry out the details of the contract Grounds for the rejection of proposals include, but shall not be limited to: (a) Failure of a proposal to conform to the essential requirements of the RFP. (b) Submitting a proposal which does not conform to the specifications contained or referenced in the RFP. (c) Submitting a proposal imposing conditions which would modify the terms and conditions of the RFP, or limit the offeror's liability to the Board on the contract awarded on the basis of such RFP. (d) Submitting a proposal determined by the Director of Purchasing in writing to be unreasonable as to price. (e) Proposals received from offerors determined not to be responsible offerors 8

9 (f) Proposals received from offerors determined not to be qualified based on current or on past performance on JCPS projects. ARTICLE 18 - RIGHT TO WAIVE TECHNICALITIES OR IRREGULARITIES 18.1 The right to waive technicalities and minor irregularities in proposals shall be maintained and preserved in the case of all RFP's issued by the Board Technicalities or minor irregularities in proposals which may be waived when the Director of Purchasing determines that it will be in the Board's best interest to do so, are mere matters of form not affecting the material substance of proposal or some immaterial deviation from or variation in the precise requirements of the RFP and having none, or a trivial or negligible effect on price, quality, quantity or performance of the services being procured, the correction or waiver of which will not affect the relative standing of, or be otherwise prejudicial to other offerors. The Contracting Officer may either give an offeror an opportunity to cure any deficiency resulting from a technicality or minor irregularity in his proposal, or waive such deficiency where it is advantageous to the Board to do so. ARTICLE 19 - CONFIDENTIAL DATA 19.l Prospective offerors may designate those portions of the initial proposal which contain trade secrets or other proprietary data which is to remain confidential If the contracting officer does not agree with the confidentiality of such data, or any portion thereof, he shall inform the offeror in writing what portions of the proposal will be disclosed and that, unless the offeror protests the determination of the contracting officer in the manner designated in Article IX (Legal and Contractual Remedies) of the Board's Procurement Regulations, or unless the offeror withdraws his proposal as provided in subparagraph of those regulations, the portions of the proposal so determined to be non-confidential will not be treated as confidential. ARTICLE 20 - ACCEPTANCE BY BOARD 20.1 If awarded the contract, the prices will then be firm for the time period indicated in ARTICLE All prices and quotations must be in ink or typewritten. No pencil figures will be permitted. Mistakes are to be crossed out and corrections inserted adjacent thereto and initialed by person signing quote. Also, corrections made with correction tape or fluid are to be initialed It is the intent of the Director of Purchasing to award a contract in due course and after a reasonable proposal evaluation period to the most responsive and responsible offeror(s) considering all requirements set forth in the RFP, provided the acceptable proposed sum is within budgeted funds The right is reserved to reject any proposal where an investigation and evaluation of the offeror s qualifications would give reasonable doubt that the offeror could perform prompt and efficient completion of the work per the contract. ARTICLE 21 - FORM OF (CONTRACT) AGREEMENT BETWEEN BOARD AND CONTRACTOR ARTICLE 22 - TABULATIONS Form To Be Used - Unless otherwise provided in the RFP, the agreement to contract will be written on the standard form of agreement between Board and offeror bound with the RFP in the number of copies to be specified by the Director of Purchasing. Tabulations will be made by the Purchasing/Bid Department and each qualified offeror will be mailed a formal tabulation after the Board has taken official action at the regularly scheduled Board meeting. 9

10 ARTICLE 23 - PRICES Board meetings are normally held twice a month. Offerors are requested not to call the Purchasing/Bid Department for a tabulation. Prices quoted herein are to remain firm for the period of the contract. (See ARTICLE 11.) ARTICLE 24 - K.O.S.H.A. STANDARDS If applicable, all materials and services must meet or exceed K.O.S.H.A. (Kentucky Occupational & Safety Health Act) Standards. ARTICLE 25 - EXCUSE FOR NON-PERFORMANCE ARTICLE 26 - PENALTIES ARTICLE 27 - TAXES The successful offeror(s) shall be excused from performing hereunder during the time and to the extent that they are prevented from obtaining, delivering or performing in the customary way because of fire, strike, partial or total interruption of, loss or shortage of transportation facilities, lockout, commandeering of raw materials, products, plants or facilities by the government when satisfactory evidence thereof is presented to the other party providing it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing. In case of default by the vendor, the Jefferson County Public Schools will follow procedures outlined in the Board's Model Procurement Regulations regarding termination for default, after which time the Board shall procure a substitute contractor which shall operate under the remainder of the existing contract breached by the contractor and the original contractor shall be liable for any and all excess costs incurred in the procurement of the substitute contractor KENTUCKY SALES AND/OR USE TAX A. Proposers are informed that service contracts of the Board of Education of Jefferson County, Kentucky are exempt from the provisions of the Kentucky Sales and/or Use Tax. Offeror will be furnished proper tax exemption certificates upon request. B. All adjustments and allowances for the current sales and/or use tax shall be provided for in the quoted amount as no adjustments will be permitted and/or made after the fact FEDERAL EXCISE TAX The Board of Education of Jefferson County, Kentucky is entitled to exemption from Federal Excise Tax. All proposers or contractors shall take this into consideration in their bid DEDUCTIONS FOR TAXES, WORKER'S COMPENSATION, ETC. A. The contractor will be required to accept liability for payment of all payroll taxes or deductions required by local, state and federal law. B. Worker's Compensation Insurance shall be carried to the full amount as required by Kentucky Statutes. ARTICLE 28 - NON-DISCRIMINATION During the performance of this Contract, the Seller agrees as follows: 10

11 28.1 The Seller shall not discriminate against any employee, applicant or subcontractor because of age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, political opinion or affiliation. The Seller shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, political opinion or affiliation. Such action shall include, although not limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Seller agrees to post in conspicuous places notices setting forth the provisions of this Equal Opportunity clause The Seller shall in all solicitations and/or advertisements for employees placed by or on behalf of the Seller, state that all qualified applicants shall receive consideration for employment without regard to age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, political opinion or affiliation The Seller shall cause any subcontractor engaged to perform any services required by this Contract to include this Equal Opportunity clause in all solicitations, advertisements and employment practices it shall perform. ARTICLE 29 - UTILIZATION OF MINORITY VENDORS The utilization of minority vendors and subcontractors are encouraged, wherever possible, on public contracts. The contractor should make full efforts to locate minority business persons. For assistance in identifying minority offerors and subcontractors, contact the Kentucky Office for Minority Business Enterprises, 2316 Capitol Plaza Tower, Frankfort, Kentucky 40601, or Office of Equal Opportunity Contract Compliance, New Capitol Annex Building, Frankfort, Kentucky ARTICLE 30 - SERVICES EVALUATION If it is later established that said services fail to comply to these specifications and conditions, the contract will be canceled. This will be done only after offeror has been furnished (in writing) concerns regarding questionable deficiencies, and the problems have not been resolved. ARTICLE 31 - REIMBURSEMENT/COSTS JCPS will not reimburse offerors for costs associated with the preparation, submission or requested clarification of any proposal. ARTICLE 32 - PROHIBITION AGAINST CONFLICTS OF INTEREST, GRATUITIES AND KICKBACKS (1) IT SHALL BE A BREACH OF ETHICAL STANDARDS FOR ANY EMPLOYEE WITH PROCUREMENT AUTHORITY TO PARTICIPATE DIRECTLY IN ANY PROCEEDING OR APPLICATION; REQUEST FOR RULING OR OTHER DETERMINATION; CLAIM OR CONTROVERSY; OR OTHER PARTICULAR MATTER PERTAINING TO ANY CONTRACT, OR SUBCONTRACT, AND ANY SOLICITATION OR PROPOSAL THEREFOR, IN WHICH TO HIS KNOWLEDGE: (A) HE, OR ANY MEMBER OF HIS IMMEDIATE FAMILY HAS A FINANCIAL INTEREST THEREIN; OR (B) A BUSINESS OR ORGANIZATION IN WHICH HE OR ANY MEMBER OF HIS IMMEDIATE FAMILY HAS A FINANCIAL INTEREST AS AN OFFICER, DIRECTOR, TRUSTEE, PARTNER, OR EMPLOYEE, IS A PARTY; OR (C) ANY OTHER PERSON, BUSINESS, OR RGANIZATION WITH WHOM HE OR ANY MEMBER OF HIS IMMEDIATE FAMILY IS NEGOTIATING OR HAS AN ARRANGEMENT CONCERNING PROSPECTIVE EMPLOYMENT IS A PARTY. DIRECT OR INDIRECT PARTICIPATION SHALL INCLUDE BUT NOT BE LIMITED TO INVOLVEMENT THROUGH DECISION, APPROVAL, DISAPPROVAL, RECOMMENDATION, PREPARATION OF ANY PART OF A PURCHASE REQUEST, INFLUENCING THE CONTENT OF ANY SPECIFICATION OR PURCHASE STANDARD, RENDERING OF ADVICE, INVESTIGATION, AUDITING, OR IN ANY OTHER ADVISORY CAPACITY. 11

12 ARTICLE 32 Cont. (2) IT SHALL BE A BREACH OF ETHICAL STANDARDS FOR ANY PERSON TO OFFER, GIVE, OR AGREE TO GIVE ANY EMPLOYEE OR FORMER EMPLOYEE, OR FOR ANY EMPLOYEE OR FORMER EMPLOYEE TO SOLICIT, DEMAND, ACCEPT, OR AGREE TO ACCEPT FROM ANOTHER PERSON, A GRATUITY OR AN OFFER OF EMPLOYMENT, IN CONNECTION WITH ANY DECISION, APPROVAL, DISAPPROVAL, RECOMMENDATION, PREPARATION OF ANY PART OF A PURCHASE REQUEST, INFLUENCING THE CONTENT OF ANY SPECIFICATION OR PURCHASE STANDARD, RENDERING OF ADVICE, INVESTIGATION, AUDITING, OR IN ANY OTHER ADVISORY CAPACITY IN ANY PROCEEDING OR APPLICATION, REQUEST FOR RULING OR OTHER DETERMINATION, CLAIM OR CONTROVERSY, OR OTHER PARTICULAR MATTER, PERTAINING TO ANY CONTRACT OR SUBCONTRACT AND ANY SOLICITATION OR PROPOSAL THEREFOR. (3) IT IS A BREACH OF ETHICAL STANDARDS FOR ANY PAYMENT, GRATUITY, OR OFFER OF EMPLOYMENT TO BE MADE BY OR ON BEHALF OF A SUBCONTRACTOR UNDER A CONTRACT TO THE PRIME CONTRACTOR OR HIGHER TIER SUBCONTRACTOR OR ANY PERSON ASSOCIATED THEREWITH, AS AN INDUCEMENT FOR THE AWARD OF A SUBCONTRACT OR ORDER. (4) IT SHALL BE A BREACH OF ETHICAL STANDARDS FOR ANY PUBLIC EMPLOYEE OR FORMER EMPLOYEE KNOWINGLY TO USE CONFIDENTIAL INFORMATION FOR HIS ACTUAL OR ANTICIPATED PERSONAL GAIN, OR THE ACTUAL OR ANTICIPATED PERSONAL GAIN OF ANY OTHER PERSON. NOTE: THIS PROHIBITION AGAINST CONFLICTS OF INTEREST AND GRATUITIES AND KICKBACKS SHALL BE CONSPICUOUSLY SET FORTH IN EVERY LOCAL PUBLIC AGENCY WRITTEN CONTRACT AND SOLICITATION THEREFOR. STATEMENT PURSUANT TO KRS 45A.990 ANY EMPLOYEE OR ANY OFFICIAL OF THE BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY, ELECTIVE OR APPOINTIVE, WHO SHALL TAKE, RECEIVE, OR OFFER TO TAKE OR RECEIVE, EITHER DIRECTLY OR INDIRECTLY, ANY REBATE, PERCENTAGE OF CONTRACT, MONEY, OR OTHER THINGS OF VALUE, AS AN INDUCEMENT OR INTENDED INDUCEMENT, IN THE PROCUREMENT OF BUSINESS, OR THE GIVING OF BUSINESS, FOR, OR TO, OR FROM, ANY PERSON, PARTNERSHIP, FIRM OR CORPORATION, OFFERING, BIDDING FOR, OR IN OPEN MARKET SEEKING TO MAKE SALES TO THE BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY, SHALL BE DEEMED GUILTY OF A FELONY AND UPON CONVICTION SUCH PERSON OR PERSONS SHALL BE PUNISHED BY A FINE IN AN AMOUNT NOT LESS THAN ONE THOUSAND DOLLARS ($1,000) AND NOT GREATER THAN TEN THOUSAND DOLLARS ($10,000) OR DOUBLE THE GAIN FROM COMMISSION OF THE OFFENSE, WHICHEVER IS THE GREATER, OR BY IMPRISONMENT FOR NOT LESS THAN FIVE (5) YEARS NOR MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE DISCRETION OF THE JURY. EVERY PERSON OFFERING TO MAKE, OR PAY, OR GIVE, ANY REBATE, PERCENTAGE OF CONTRACT, MONEY OR ANY OTHER THING OF VALUE, AS AN INDUCEMENT OR INTENDED INDUCEMENT, IN THE PROCUREMENT OF BUSINESS, OR THE GIVING OF BUSINESS, TO ANY EMPLOYEE OR TO ANY OFFICIAL OF THE BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY, ELECTIVE OR APPOINTIVE, IN HIS EFFORTS TO BID FOR, OR OFFER FOR SALE, OR TO SEEK IN THE OPEN MARKET, SHALL BE DEEMED GUILTY OF A FELONY AND SHALL BE PUNISHED BY A FINE IN AN AMOUNT NOT LESS THAN ONE THOUSAND DOLLARS ($1,000) AND NOT GREATER THAN TEN THOUSAND DOLLARS ($10,000) OR DOUBLE THE GAIN FROM COMMISSION OF THE OFFENSE, WHICHEVER IS THE GREATER, OR BY IMPRISONMENT FOR NOT LESS THAN FIVE (5) YEARS NOR MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE DISCRETION OF THE JURY, OR BY A FINE IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000) IF THE OFFENSE IS COMMITTED BY A FIRM OR CORPORATION. 12

13 ARTICLE 33 - DELIVERY Awarded contractors may not add fuel surcharges or other similar charges to bid prices or invoices. ARTICLE 34 - AFFIDAVIT OF NONDISCLOSURE Any employee, official, or contractor of the Vendor who may have access to Free and Reduced eligibility information regarding the District s students will be required to sign an affidavit of nondisclosure. Forms will be provided pre-pilot and/or post-award. ARTICLE 35 - TERMINATION Contracts may be terminated at any time, on 30 days' notice upon the mutual agreement of both parties, or upon the discretion of the school district, in a shorter period of time, if the terms of the contract are violated in any way. ARTICLE 36 - ACCESS TO RECORDS ARTICLE 37 - PENALTY All contracts over $10,000 awarded by the School Food Authority, must include a provision to the effect that the School Food Authority, the State Agency, USDA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. All Records pertaining to this project shall be retained for (3) three years after SCNS makes final payments and all other pending matters are closed. The designated supplier(s) reciprocally agrees to provide total requirements as listed herein, thereby minimizing occurrences when a school district may have to seek other interim product sources. Failure to deliver 100% of the items on this list -- within 48 hours -- shall be considered a default. A successful bidder must have proven (or believable) record of service, particularly with respect to delivering all items on a regularly scheduled basis, at favorable prices. A distributor may be designated as unacceptable if the requirements listed herein have been previously violated and/or poor communications exist between the seller and the school district. Modifications, additions, or changes to the terms and conditions of this Invitation to Bid may be a cause for rejection of a bid. Bidders are requested to submit all bids on the school District's official forms. Bids submitted on company forms may be rejected. ARTICLE 38 - DEBARMENT Each School Food Authority must require that each responsive bidder include a certification statement with each bid on each new contract. By signing the certification statement, the bidder certifies that neither it nor any of its key officials have been proposed for debarment, debarred, or suspended by a Federal agency. 13

14 ARTICLE 39 - BUY AMERICAN 1. When purchasing food products with Federal funds, whenever possible, the Second Party shall purchase only food products that are produced in the United States (U. S.). Food Products produced in the U. S. means: a. An unmanufactured food product produced in the U. S.; or b. A food product that is manufactured in the U. S. 2. The purchase requirements described in paragraph (1) of this section shall not apply in instances when the Second Party determines: a. The Second Party has unusual or ethnic food preferences which can only be met through purchases of products not produced in the U. S. b. The product is not produced or manufactured in the U. S. in sufficient and reasonably available quantities of a satisfactory quality; c. Competitive bids reveal the cost of U. S. produced food products is significantly higher than foreign products; or d. The Second Party is located in Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands. 3. Equal Employment Opportunity: Jefferson County Public Schools is in compliance with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFP Part 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees). 4. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L , 89 Stat.871). ARTICLE 40 - ALL CONTRACTS OVER $100, Clean Air Act a. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)). 2. Clean Water Act a. Compliance with all applicable standards, orders, or requirements issued under section 508 of the Clean Water Act (33 U.S.C. 1368). 3. EPA Regulations a. Compliance with Environmental Protection Agency regulations (40CFR part 15). (Contracts, subcontracts, and sub grants of amounts in excess of $100,000). ARTICLE 41- COPYRIGHTS AND RIGHTS OF DATA ARTICLE 42 - MISC. SCNS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. Smoking or the use of any tobacco product is not permitted on any JCPS property. This prohibition includes all buildings and grounds and is in effect 24 hours a day, 7 days a week. 14

15 REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS PROPOSAL NO If claiming Kentucky residency status this completed form must be NOTARIZED and submitted before the date and time of the bid opening. Purchasing/Bid Department C. B. Young, Jr., Service Center 3001 Crittenden Drive Louisville, Kentucky Phone: (502) Fax: (502) FOR BIDS AND CONTRACTS IN GENERAL: The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: 1. Is authorized to transact business in the Commonwealth; 2. Has for one year prior to and through the date of advertisement a. Filed Kentucky corporate income taxes; b. Made payments to the Kentucky unemployment insurance fund established in KRS ; and c. Maintained a Kentucky workers compensation policy in effect. Jefferson County Public Schools reserves the right to request documentation supporting a bidder s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination. Signature Printed Name Title Date Company Name Address Subscribed and sworn to before me by (Affiant) (Title) of (Company Name) this day of,20. Notary Public [seal of notary] My commission expires: 15

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18 CERTIFICATE OF INSURANCE REQUIREMENT PROPOSAL NO Failure to submit certificate of insurance PRIOR to the date and time of the bid opening MAY subject your bid to rejection. The contractor shall furnish a certificate of insurance in accordance with the requirements set forth in this document. (See the following requirements.) The contractor agrees that required insurance shall not be cancelled or allowed to lapse during the term of any awarded contract without prior written notification to Jefferson County Public Schools. The certificate of insurance shall name Jefferson County Public Schools as additional insured in the Description of Operations section of the Certificate of Insurance which shall read: Board of Education of Jefferson County Attn: Insurance/Real Estate Department 3332 Newburg Road Louisville, Kentucky INSURANCE REQUIREMENTS: CONTRACTOR'S LIABILITY INSURANCE: The insurance required shall be written for not less than the following limits or greater if required by law: 1. Workers Compensation: a. State Statutory b. Applicable Federal (e.g. Longshoreman's) Statutory c. Employer's Liability $100, Comprehensive or Commercial General Liability (including Premises-Operations; Independent Contractor's Protection; Product Liability and Completed Operations; Broad Form Property Damage): a. General Aggregate (Except Products-Completed Operations) $2,000, b. Products-Completed Operations Aggregate $2,000, c. Personal/Advertising Injury (Per person/organization) $1,000, d. Each Occurrence (Bodily Injury and Property Damage) $1,000, e. Limit per Person Medical Expense $ 5, f. Exclusions of Property in Contractors Care, Custody or Control will be eliminated. g. Property Damage Liability Insurance will provide coverage for explosion, collapse and underground damage. 3. Contractual Liability: a. General Aggregate: $2,000, b. Each Occurrence (Bodily Injury and Property Damage) $1,000, Automobile Liability: (Commercial Vehicles) a. Bodily Injury and Property Damage (Combined single limit) $1,000, b. Commercial bus vehicles (Combined single limit) $10,000, Professional Liability (for architectural or construction management services) (Per occurrence) $1,000, (Annual aggregate) $2,000, (Per 702 KAR 4:160. Capital construction, sections 4 & 5) Revised 4/9/14 18

19 PROPOSAL NO NOTE: If this debarment form is not signed and submitted for this bid to the Purchasing/Bid Department prior to the date and time of the bid opening date, bid SHALL be rejected. U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section , Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 2) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name PR/Award Number or Project Name Name(s) and Title(s) of Authorized Representative(s) Signature(s) Date Form AD-1048 (1/92) 19

20 Instructions for Certification 1. By signing and submitting the debarment form, the prospective lower tier participant is providing the certification in accordance with these instructions. If this debarment form is not signed and submitted to the Purchasing/Bid Department prior to the bid opening date, bid shall be rejected. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (1/92) 20

21 AUTHENTICATION OF PROPOSAL AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST PROPOSAL NO I hereby certify: 1. That I am the offeror (if the offeror is an individual), a partner of the offeror (if the offeror is a partnership) or an officer or employee of the proposing corporation having authority to sign on its behalf (if the offeror is a corporation); 2. That the submitted quote covering Jefferson County Board of Education's Request for Proposal 3040 has arrived at the offeror independently, and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the Request for Proposals, designed to limit the independent proposing or competition as prohibited by provisions of KRS 45A.325; or any attendant procurement regulations of the Jefferson County Board of Education; 3. That the contents of the proposal have not been communicated by the proposer or its employees or agents to any person not an employee or agent of the proposer and will not be communicated to any such person prior to the official opening of the proposal; 4. That the proposer is legally entitled to enter into the contract with the Jefferson County Board of Education and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS ; and 45A.330 to 45A.340 and 45A.445, or any procurement regulation of the Jefferson County Board of Education; 5. This proposal is for 90 days from the date that this proposal is open. In submitting the above, it is expressly agreed that upon proper acceptance by the Jefferson County Board of Education of any or all items proposed above, a contract shall thereby be created with respect to the items in this proposal, accepted; 6. That I have fully informed myself regarding and affirm the accuracy of all statements in this proposal, including the price proposal. READ CAREFULLY - SIGN IN SPACE BELOW - FAILURE TO SIGN INVALIDATES PROPOSAL: SIGNED BY TITLE COMPANY NAME TELEPHONE NO. ADDRESS DATE CITY STATE ZIP CODE 21

22 CERTIFICATION REGARDING LOBBYING PROPOSAL NO Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds. Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Date E-1 22

23 1. Type of Federal Action: ( ) a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: ( ) Prime ( ) Sub-awardee Tier DISCLOSURE OF LOBBYING ACTIVITIES PROPOSAL NO Complete this form to disclose lobbying activities pursuant to 31 U.S.C (See reverse for public burden disclosure.) 2. Status of Federal Action: ( ) a. bid/offer/application b. initial award c. post-award (if known) 3. Report Type: ( ) a. initial filling b. material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Sub-awardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): $ b. Individuals Performing Services (including address if different from No. 10a) attach Continuation Sheet(s) SF-LLL-A, (if necessary) 11. Amount of Payment (check all that apply): $ ( ) actual ( ) planned attach Continuation Sheet(s) SF-LLL-A,( if necessary) 13. Type of Payment (check all that apply): ( ) a. retainer ( ) b. one-time fee ( ) c. commission ( ) d. contingent fee ( ) e. deferred ( ) f. other; specify: 1. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s) or Member(s) contacted for Payment indicated in Item 11: attach Continuation Sheet(s) SF-LLL-A,(if necessary) 2. Continuation Sheet(s) SF-LLL-A attached: ( ) Yes ( ) No 16. Information requested through this form is authorized by title 31 U.S.C. section This disclosure of lobbying activities in a Signature: material representation of fact upon which reliance was pursuant to 31 U.S.C This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and nor Print Name: Title: more than $100,000 for each such failure. Telephone No: Date: Federal Use Only: Authorized for Local Reproduction Standard Form - LLL 23

24 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1 st tier. Sub-awards include but are not limited to sub-contracts, sub-grants and contract awards under grants. 5. If the organization filing the report in Item 4 checks Sub-awardee, then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example; Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1), if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identify number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., RFP-DE For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or a. Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered Federal action. b. Enter the full names of the individual(s) performing service(s), and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the inkind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official (s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budge, Paperwork Reduction Project ( ), Washington D.C

25 Certifications and Assurances PROPOSAL NO The United States Department of Agriculture (USDA) requires vendor(s) awarded contract(s) on National School Lunch Program (NSLP), National School Breakfast Program (NSBP) or associated Nutrition Services contract to certify and assure that they will comply with all of the applicable requirements of items 1-13 as listed below. Vendor(s) also agree these items may be amended from time to time, including adding appropriate provisions to all contracts between JCPS and for-profit Contractors: (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (3) Compliance with Executive Order of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). 25

26 SCOPE OF SERVICES PROPOSAL NO INTRODUCTION: The JCPS School and Community Nutrition Services is soliciting proposals from qualified firms to provide the School District of Jefferson County Public Schools (referenced in this document as JCPS or the District ) with a Turnkey Solution to refurbish Rack warewashers located at the Nutrition Service Center, 360 Farmington Dr., Louisville, KY which have reached their useful life. The District is seeking an interested company that has demonstrated the ability to fully provide a turnkey solution which limits down time of production operations. The two existing ALVEY wash units must have all key components replaced up to the union of the steam piping. The successful proposal will provide a turnkey solution utilizing factory parts, factory installers, handle all staging and storage, freight, dumpster, equipment rental and off-site warehousing necessary for the refurbishment. The successful proposal will provide a schedule of installation utilizing production downtime only. Weekends and nights are expected in the proposal. JCPS will provide all necessary electrical, water, air, gas and sewer connections. Adequate staging area in close proximity to worksite, access to restrooms and wash facilities and power for equipment will be provided. All work is to be done in stages leaving one working unit online at all times during production time. Substantial completion of work is anticipated by January 5 th, District Profile: The Jefferson County Public School District has approximately 98,000 students in more than 149 sites. Providing safe and nutritious meals to the students of the District is a priority to enhance the educational process. The Jefferson County Public School District's School and Community Nutrition Services Department serves an estimated 15 million breakfasts, lunches, and snacks to students and staff each year. School & Community Nutrition Services staff administer the National School Lunch and Breakfast Programs and the Summer Food Service Program for the District. In January 2000, the District opened a 68,000-sq. ft. Nutrition Service Center to provide warehousing and food-production support to all of the schools in the District. The Nutrition Service Center assures consistent quality of the school meals, while enabling schools to offer a wider variety of menu items and to better address pressing staffing issues. Our bakery department prepares the cookies, dinner rolls, cakes, and muffins that are consumed by our students. In cook chill they prepare, soups, sauces and entrées such as, chili, spaghetti, tacos and beef-a-roni. The packaging and assembly area is the area where sandwiches and salads are assembled and packaged to be sent to our students. Our warehouse stocks over 250 items that are shipped to schools. Current Environment: The warewash department is the central point of sanitation for all mobile and small equipment in the building. Two custom built ALVEY rack washers have been in continuous operation since

27 SPECIFICATIONS To refurbish two existing Alvey units to include all internal components, control tank, all internal parts, exterior doors and hardware, ceiling and all other mechanical components with ALVEY factory parts. This may require one unit to be worked on at a time to ensure no loss of production time. 1.) Tank to be constructed of all welded 12 gauge 304 stainless steel. 2.) Steam tank to contain heat complete with automatic temperature control and low water cut off. 3.) Steam Rinse water booster to raise incoming fresh water rinse temperature 60 degrees F. 4.) Housing contains a stainless steel raised plate to provide mounting for chemical dispensing equipment. Equipment and chemicals provided by other. 5.) Interior of machine to feature non-skid floor in wash chamber for safety. 6.) Washer doors to be replaced. All connections to be replaced including gaskets and triple hinges. 7.) 15 HP wash pump with TEFC motor provides high power washing. 8.) Wash and rinse piping shall be constructed of stainless steel with stainless steel wash spray nozzles and brass rinse spray nozzles. Connection point shall be Alvey heat exchanger. 9.) Washer mount shall be stainless steel pit bounding angle. 10.) Steam venting shall be open through housing with ducted flange. No mechanism shall be needed for steam to escape. 11.) Controls shall be auto-fill and auto-drain with water and steam pressure regulation. 12.) Control panels to be NEMA 4X rated and feature door switch to prevent washer operation if wash chamber door is open, temperature and pressure gauges, and adjustable wash and rinse cycles. 13.) All parts to be factory installed to meet current design and materials. 14.) Refurbished units shall maintain compatibility to existing custom floor grating. 27