REQUEST FOR PROPOSAL (RFP) for Consultation Services:

Transcription

1 HEMPSTEAD UNION FREE SCHOOL DISTRICT OFFICE OF BUSINESS AND OPERATIONS REQUEST FOR PROPOSAL (RFP) for Consultation Services: State Government Liaison and Owner s Representative for Construction of New School Buildings Opening Date: Thursday, March 13, 2014 Time: 3:00 p.m. Location: Hempstead UFSD Business Office 185 Peninsula Blvd Hempstead, NY 11550

2 TABLE OF CONTENTS A. Introduction... 3 B. Proposal Schedule... 3 C. Scope of Services... 4 I. GOVERNMENT LIAISON SERVICES... 4 II. OWNER S REPRESENTATIVE SCOPE OF SERVICES: ) SITE ACQUISITION PHASE ) PRE-CONSTRUCTION PHASE... 5 A. Establish and Document Project Requirements B. Design Team Management; Construction Team Selection and Management... 5 C. Project Management and Controls D. Project Budget ) CONSTRUCTION PHASE... 8 A. Project Management & Controls ) PROJECT CLOSEOUT A. Substantial Completion B. Final Completion D. Contract Term E. Mandatory Items to be included in Proposal Responses (Requirements) F. Submission Instructions G. Criteria for Evaluating RFP Responses H. General Information Incurring Cost Rejection of Proposals Addenda to Request for Proposals Contract Negotiations No guarantee of Work even if awarded a Contract Additional Information Disclosure of proposal contents Independent Price Determination Ownership of Information: Examination of Records: Subcontracting: Negotiated Changes: Disclaimer: I. General Conditions for Applicants J. Additional Demonstrative Materials K. Award of Contract L. No guarantee of Work even if awarded a Contract M. Protest Policy APPENDIX A COST PROPOSAL CERTIFICATION General Bid Certification Proposed Cost Breakdown State Law Compliance: Non-Collusive Bidding Certification... 21

3 4. The District s Anti-Collusion Certification APPENDIX B PROGRAM DESCRIPTION AND STAFFING APPENDIX C BUSINESS HISTORY FORM APPENDIX D PRINCIPAL QUESIONNAIRE FORM APPENDIX E STANDARD CONTRACT CLAUSES Independent Contractor No Arrears, No Default, No Prior Litigation with the District Compliance With Law Minimum Service Standards Indemnification; Defense; Cooperation Insurance Assignment; Amendment; Waiver; Subcontracting Termination Accounting Procedures; Records Limitations on Actions and Special Proceedings Against the District Consent to Jurisdiction and Venue; Governing Law All Legal Provisions Deemed Included; Severability; Supremacy; Construction Executory Clause EXHIBIT F EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN APPENDIX G CERTIFICATE OF COMPLIANCE WITH NASSAU COUNTY LIVING WAGE LAW APPENDIX H IRAN DIVESTMENT ACT COMPLIANCE RIDER FOR SCHOOL DISTRICTS APPENDIX I CONSULTANT INSURANCE REQUIREMENTS APPENDIX J FINANCIAL STATEMENT OF THE APPLICANT APPENDIX K ACKNOWLEDGMENT OF FREEDOM OF INFORMATION LAW DISCLOSURE APPENDIX L ACKNOWLEDGMENT OF DISTRICT S RIGHT TO REJECT REQUESTS FOR PROPOSAL APPENDIX M TERM OF CONTRACT & EARLY TERMINATION APPENDIX N SIGNATURE PAGE... 56

4 A. Introduction The Hempstead Union Free School District (hereafter, District ) is requesting proposals from qualified interested persons (hereafter, alternatively, the Applicants or Bidders or Proposers ) to provide consulting services to (1) serve as the District s Government Liaison to help the District obtain funding from New York State government sources, consisting of grants for the construction of new school buildings within the District, and if the District is successful in obtaining such funding, then thereafter to provide updates and to maintain liaison contacts with New York State government concerning the progress made by the District in constructing such new school buildings; and (2) serve as the District s Owner s Representative during the construction resulting therefrom. The District is committed to a policy of equal opportunity and does not discriminate against vendors on the basis of age, sex, sexual orientation, race, color, creed, religion, ethnicity, national origin, disability, marital status, familial status, veteran status or any other basis protected under federal, state, and local laws, regulations and ordinances. B. Proposal Schedule RFP Issue Date February 28, 2014 RFP Packet Pick up/download date March 5, 2014 after 2:00p.m. Proposal Due Date & Time March 13, 2014 at 3:00p.m. Open Date & Time March 13, 2014 at 3:00p.m Award Date On or about March 14, 2014 To be considered, proposals must be submitted no later than 3:00 p.m., on Thursday, March 13, All RFP Responses shall be opened at 3:00 p.m. on Thursday, March 13, Late proposals will not be considered. Please submit proposals to: Hempstead Union Free School District Business Office 185 Peninsula Blvd Hempstead, NY If there are any questions regarding the project and the Government Liaison and Owner s Representative services Request for Proposal, you may contact either: (1) Patricia Wright, District Clerk, at the Hempstead Union Free School District, by telephone, at , ext 1130, or by patwilson@hempsteadschools.org; or (2) Robert Cialone, Purchasing Agent, at the Hempstead Union Free School District, by telephone, at , ext 1113, or by rcialone@hempsteadschools.org (hereafter, each, an Authorized Contact Person ). Telephone calls will be entertained only until Thursday, March 12, 2014, at 3:00 p.m.; after the submission deadline, and until such time as an award (awards) has (have) been made, all questions must be submitted by only. After the submission deadline, and until such time as an award (awards) has (have) been made, no contact with any District personnel, other than one of the Authorized Contact Person, is allowed regarding this RFP, and with respect to such communication, only inquiries as to the

5 status of the RFP (whether an award had been issued yet) is appropriate. Violation of this provision may be grounds for immediate disqualification. The applicant should provide a proposal in Appendix B which meets the scope requirements set forth below. C. Scope of Services The Scope of Services (hereafter, Scope ) outlined below has been established for the purpose of achieving and implementing program goals and objectives described in this document. Although the Scope is intended to serve as a reference in the preparation of the proposal, forthcoming proposals may offer additional services that support the goals of this job title and compensation, for the District s review and analysis. I. GOVERNMENT LIAISON SERVICES 1. Attend meetings of the District s Board of Education (hereafter, the BOE ) to provide guidance regarding required resolutions related to the obtaining of funds from NYS Government for the construction of new school buildings, and to obtain data and information from the BOE, concerning growing student population, student programs and special concerns of the District to better serve the students; 2. Attend meetings with the District s Superintendent of Schools (hereafter, the Superintendent ) to promote the objectives established by the BOE consistent with item #1 above; 3. Give general advice and assistance to members of the BOE, as well as the Superintendent, with respect to obtaining funds from NYS Government for the construction of new school buildings, including the development of the budget, selection of design, personnel, and coordinating with NYS Government oversight agencies; 4. Meet with State officials to help the District secure grant monies, as well as formula assistance, as well as other State funds for school construction from the State Legislature; 5. Facilitate meetings between State officials and school officials (the BOE and/or the Superintendent) on an as-needed basis to gain insight on the needs of the District and the needs of the community (parents and students) served by the District; II. OWNER S REPRESENTATIVE SCOPE OF SERVICES: The Owner s Representative firm shall be The District s agent, consultant, advisor, and authorized representative through all phases of the project through completion and occupancy. Owner s Representative services are to be provided during the following phases, which are described in further detail herein: Site Acquisition Preconstruction Phase Bidding/Award Phase

6 Construction Phase Closeout Phase While the scope may vary during the course of the project, at a minimum it is expected that the following be required: 1) SITE ACQUISITION PHASE A. View alternative properties and work with The District leadership to determine appropriate offer price and bidding strategies B. Participate in negotiation process 2) PRE-CONSTRUCTION PHASE A. Establish and Document Project Requirements. a. Meet with team members to establish and document Project Requirements ensuring a complete understanding of the Owner s short and long-term objectives and requirements i. Establish key milestones schedule and project strategy. ii. Site and project logistics requirement iii. Project quality requirements iv. First-Cost vs. Operating Cost priorities v. Project Target Budget b. Attend and chair project team meetings bi-weekly (at a minimum, more if required), including detailed preparation of agenda and minutes. B. Design Team Management; Construction Team Selection and Management a. Review design documents during development for constructability, coordination, completeness and value. Provide a written constructability analysis report with recommendations to the Owner and Architect at the completion of design development and construction documents phases. b. Provide a comprehensive construction cost estimate at the completion of the Design Development phase and Construction Drawing phase. Make recommendation to the Owner if the estimated costs exceed the Owner s budget.

7 c. Prepare a value engineering report including recommendations to enhance the design effort at the completion of design development phase evaluating alternative materials and systems. d. Analyze the project requirements and develop a site logistics and phasing plan to allow for construction activities. e. Assist the architect with issuance of a construction bid packages, summary of work, phasing, general condition, etc. f. Generate list of local qualified contractors and assist the architect with responses to contractor s questions. g. Develop a list of additional consultants that may be needed for the project and review with Owner. Assist with hiring consultants including writing RFP and managing bid/selection process including advising on process, analyzing proposals, assisting with negotiations, reviewing draft of standard agreements. h. Develop a Request for Proposal for a Construction Manager (hereafter, the CM ) consistent with this project s requirements, conduct pre-bid conferences and solicit responses from three of more qualified CM firms. i. Assist Owner in the award of the contract and negotiation of appropriate terms in the CM agreement with the selected contractor. j. Develop a Request for Proposal for a General Contractor (hereafter, the GC ) consistent with this project s requirements, conduct prebid conferences and solicit responses from three of more qualified GC firms. k. Provide a complete analysis of the proposing GCs RFP responses including the development of direct comparisons and recommendations. l. Assist Owner in the award of the contract and negotiation of appropriate terms in the GC agreement with the selected contractor. m. Assist the CM and GC in developing qualification criteria and recommending qualified sub-contractors to bid and assist in developing and managing the sub-contractor RFP Process. C. Project Management and Controls.

8 a. Establish and implement the appropriate financial and administrative controls for the remaining portions of the design phase of the project. b. Monitor the design process including incorporation of program requirements into the design, monitor probes and investigations in behalf to the Owner and assist in the dissemination of information to consultants for their incorporation into the design. c. Assist Owner s local counsel and all consultants. d. Attend meetings with public agencies and assist in obtaining permits, approvals, and other authorizations necessary for the development, construction and operation of the project. e. Work with CM and GC to prepare a Project Schedule, incorporating pre-construction and proposed construction activities and the coordination with the Owner s ingoing operations. Project schedule will provide enough detail to show: i. Design process activities ii. Architect/Engineer and Consultant activities iii. Approvals for all government agencies iv. Identification, tracking and expediting of long lead materials and equipment v. Construction bidding process vi. Schedule of major construction activities vii. Occupancy and Closeout f. Monitor and update project schedule biweekly during the preconstruction phase. g. Provide day-to-day interface with CM and GC and Owner s operational personnel to plan work and safety of operating facility. h. Monitor and regular update schedule based on impacts due to design changes, field condition, results of probes and investigations and other related impacts. i. Manage the value engineering process by: i. Establishing criteria for variations in the schematics ii. Regular project meetings to discuss ideas and suggestion iii. Discussing alternatives with the specialty contractors iv. Investigating current market trends and capabilities v. Reporting and regular feedback to project team

9 j. Assist the architect with contractor questions and maintain an RFI Log. D. Project Budget a. Prepare a Master Project Budget including consultants, construction, FFE, Information Technology, Security and other related costs and contingencies including: i. List of all hard and soft cost items ii. List of all document with issue dates iii. List of qualifications, assumptions and allowances iv. Allowanced for temporary construction activities due to the planning of construction v. Modify and update the estimate at the conclusion of each phase of design b. Monitor and advise the owner of variance and available means to mitigate variances. Advise on options with differing impact or consequences. c. Work with Project Team to generate a cash flow forecast for the Project and update the same on regular basis. 3) CONSTRUCTION PHASE A. Project Management & Controls a. Once construction has started, act on behalf of Owner for all construction matters, except as otherwise directed by the Owner. Coordinate the work of the CM and GC with the operations, activities and responsibilities of the Owner and Project Team. Provide sufficient personnel with authority to achieve these objectives: i. Provide assessments and evaluations of the CM s assigned onsite staff and GC s project management team, concerning their experience and day-to-day effectiveness, in providing services to the District as required by their contracts. ii. Schedule and conduct, as required, weekly Project Meetings at which Owner, CM and GC, Project Team to discuss such matters as procedures, progress, problems scheduling, phasing and coordination with ongoing operations and other issues relevant to the successful completion of the work. Ensure the preparation and distribution of minutes of all meetings and shall track the progress of all action on items outlined.

10 iii. Arrange for storage of any Owner purchased items iv. Provide or cause to be provided a detailed schedule for the operations of CM and GC on the project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples and delivery of products requiring long lead time procurement; v. Provide regular monitoring of the schedule and safety as construction progresses. Identify and report on potential variances between scheduled and probable completion dates. Review schedule for work not started or incomplete and recommend to Owner, CM and GC adjustments in the schedule to meet their required completion date; vi. Recommend courses of action to Owner when requirements of any contracts are not being fulfilled. vii. Coordinate the periodic inspection by the architect and other necessary consultants on the work of the contractors. viii. Consult with the architect if any contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in the resolution of any questions, which may arise. Confer with Owner on any disputes requiring resolution through arbitration under the terms of the construction documents. ix. In collaboration with the architect, establish and implement procedures for tracking and expediting the processing and approval of shop drawings and samples. x. Record the progress of the project. Submit written progress reports to Owner, including information on the contractors and work, the percentage of completion and the number and amounts of change orders. xi. Receive contractor shop drawings, product data and samples and maintain log. Monitor Architect/Engineer for timely responses. xii. Cause CM and GC to maintain at the project site, on a current basis: records of all contracts; shop drawings; samples; purchases; materials; equipment; applicable handbooks; federal, commercial and technical standards and specifications; maintenance and operating manuals and revisions which arise out of the construction documents or the work. b. Cost Tracking & Reporting i. Manage the Project Budget developed during Pre-Construction and monitor the CM and GC s Anticipated Cost Report ensuring that all project related costs are tracked in a timely and accurate manner and reported in regular updates. ii. Provide regular monitoring (at least monthly) of the anticipated final cost report, showing actual costs for activities in progress

11 and estimates for uncompleted tasks. Identify variances between actual and budgeted or estimated costs, and advise Owner whenever projected costs are anticipated to exceed budgets or estimates. iii. Meet with the Owner regularly to provide executive level updates regarding project status. iv. Revise and refine the anticipated final construction cost, incorporating pending and approved changes, and potential exposures as they occur, and update develop cash flow reports and forecasts as needed. v. Arrange for the maintenance of cost accounting records on authorized work performed under unit costs, actual costs for labor and materials, or other bases requiring accounting records. vi. Maintain a daily construction log. vii. Develop, implement and manage a system for review and processing of change orders. viii. Recommend necessary or desirable changes to Owner and the architect, review requests for changes, submit recommendations to Owner and the architect, and assist in negotiating change orders ix. Develop, implement and manage a procedure for the review and processing of applications by contractors for progress and final payments. Confirm all relevant attachments including certified payroll reports; affirmative action reports, etc. are included. Make recommendations for certification to Owner for payment. 4) PROJECT CLOSEOUT Assist in closing out construction and all contracts as detailed below A. Substantial Completion a. Upon the determination by the contractor of "substantial completion" of the project or designated portions thereof, direct the architect's preparation of a list of incomplete, unsatisfactory or non-confirming items "Punch List Items" required for completion/remedy prior to certification of substantial completion. b. After the architect certifies the date of "substantial completion", facilitate and monitor the contractor's completion of and the architect's review and approval of all punch list work. c. Coordinate with Owner's maintenance personnel and monitor the inspection of utilities, operating systems and equipment for readiness and assist in their initial start-up and testing.

12 d. Facilitate any required training of Owner's maintenance personnel. B. Final Completion a. Coordinate the architect's determination of final completion and provide written notice to Owner and architect that the work is ready for final inspection. b. Secure and transmit to the Owner and/or architect required guarantees, affidavits, releases, bonds and waivers. c. Turn over to Owner all keys, manuals, record drawings and maintenance stocks. Assist Owner's expediting consultant and other related vendors/contractors in obtaining temporary certificates of occupancy and permanent certificates of occupancy for the improvements, filing all notices of completion, coordinating final payment and securing final conditional lien releases and any other activities which may be required to occupy the project. D. Contract Term It is the intent to award a contract for a three (3) year period: with two (2) one-year options, each option to renew for an additional one (1) year period, for a possible total term of five (5) years, subject to the District s right of early termination as provided in the contract. The decision to renew the contract will be at the sole discretion of the District. E. Mandatory Items to be included in Proposal Responses (Requirements) All proposals must state the period for which the proposal shall remain in effect (i.e., how much time does the District have to accept or reject the proposal under the terms proposed). Such period shall not be less than 180 days from the proposal date. All proposals must contain the following: 1. Cost Proposal Form attached as Appendix A. 2. Proposed approach to the Scope of Work attached as Appendix B, containing a complete written description of Applicant s Proposal. 3. A duly completed and verified Business History Form attached as Appendix C, together with a current certified or verified financial statement and/or other

13 commercially reliable written evidence of the Applicant s credit, financial standing and capacity to perform in accordance with the terms of the Contract. 4. Any individuals who hold a ten percent (10%) or greater ownership interest in the proposer, as well as any officers of the proposer, shall complete an verify the Principal Questionnaire attached as Appendix D. 5. Acknowledgment forms, confirming acceptance of certain standard contract clauses for consultants engaged to provide Professional Services to the District, as set forth in Appendix E. 6. Equal Opportunities for Minorities and Women Certificate of Compliance, attached as Appendix F. 7. Living Wage Law Certificate of Compliance, attached as Appendix G. 8. Disclosure and Acknowledgment Forms, attached as Appendix H, Appendix I, Appendix J, Appendix K, Appendix L, Appendix M and Appendix N. 9. The Applicant s Exceptions to the RFP Requirements, if any (as per F below). 10. All submissions must be signed on the designated signature line by an officer or authorized agent of the Applicant. 11. Additional information that you believe pertinent to the District s requirements. F. Submission Instructions Each proposal shall be prepared simply and economically avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate, and reliable presentation. For ease of review, the proposals must follow the outline in the section of this RFP, titled Mandatory Proposal Response Requirements. Each response should be clearly numbered and the full question listed. The proposals must be signed by an individual who is authorized to find the proposer to all commitments made in the proposal. The original and eight (8) copies of the proposal, together with all attachments, for a total of nine (9) packets, must be submitted to the District in a sealed opaque envelope no later than 3:00pm EST on Thursday, March 13, No telegraphic or facsimile proposals will be accepted. All RFP Responses shall be opened at 3:00 p.m. on Thursday, March 13, Late proposals (proposals received after the above date and time) will not be considered (and may either be discarded or returned unopened). The District is under no obligation to return proposals. It is each Applicant s responsibility to carefully review all the requirements of this RFP, including the scope of work, the specifications and terms and conditions. It is further the proposer s responsibility to ask questions, request clarifications, or otherwise advise the District

14 if any language, specifications or requirements of this RFP appear to be ambiguous, contradictory, or to inadvertently restrict or limit the Applicants that could meet the requirements of this RFP to a single source. If an Applicant takes exception to any requirement of this RFP, the Applicant must clearly set forth the exception in its proposal, referencing the affected RFP section, paragraph and page. The Applicant must set forth the reason(s) for the exception and indicate what (if any) alternative is being offered by the Applicant. The District shall determine (in its sole discretion) the acceptability of any proposed exception(s). Where the District rejects a proposed exception, the District may offer the vendor an opportunity to withdraw its exception and propose an alternative. However, even where the District does not reject a proposed exception to the RFP, the District may evaluate such an objection and choose, on the basis thereof, not to negotiate with the Applicant regarding any such exceptions. Regardless of whether or not the District rejects any proposed exceptions to the RFP, such exceptions will be considered by the District in evaluating the completeness and adequacy of the proposal. Regardless of whether or not the District accepts any proposed exceptions to the RFP by any other Applicant, if an Applicant submits an RFP Response that does not raise such an objection, then such objection shall be deemed waived as to the non-objection Applicant. All Applicants shall be deemed to have accepted all requirement of this RFP to which they have not specifically and clearly stated an exception in their proposal. The District is under no obligation to respond to any question, inquiry or assertion that is not received in writing. Prior to the Open Date, any Applicant may contact either one of the people designated as an Authorized Contact Person, as listed in Section B above. After the Open Date, Applicants who seek to contact the District regarding this RFP, whether for responses, questions, status, or otherwise, are directed to may contact only with the following Authorized Contact Person: Hempstead Union Free School District Business Office Attention: Robert Cialone, Purchasing Agent 185 Peninsula Blvd Hempstead, NY Phone: , ext rcialone@hempsteadschools.org No contact with any other District personnel other than the Authorized Contact Person is allowed until such times as an award (or awards) has (have) been made. Violations of the instructions pertaining to such contact (as set forth in Section B above and this section F) may result in immediate disqualification.

15 G. Criteria for Evaluating RFP Responses Proposal elements, as described above, will be reviewed and evaluated for completeness and responsiveness according to pre-determined standards and selection criteria. Proposals will be deemed responsive only if the Applicant responds to and meets all of the requirements of this RFP. Applicant may be invited for interviews to discuss project requirements and proposal elements in more detail should the Superintendent or BOE request such. The District reserves the right to award all of any part of this project, and to waive any technical irregularities or omissions, or to cancel this RFP and solicit new proposals if, in the District s sole judgment, the best interests of the District will be served. The BOE will evaluate each proposal and use the following for scoring each submission: Selection Criteria 1. Demonstration of experience and ability to complete the work: Overall responsiveness of the proposal; Demonstration of a clear understanding of the requirements portion of the RFP; Clear description of the scope of work needed to satisfy the defined RFP requirements, 2. Knowledge of Government contracting principles Applicant Profile must show: Organization, Capacity, Staffing, Resumes 3. Knowledge in management of such projects: (keeping projects within budget and on schedule): Vendor Profile must show: Organization, Capacity, Staffing, Resumes Acceptability and efficacy of proposed analysis, management and implementation methods and procedures and supporting systems for ongoing project management and implementation support, Previous engagements of similar scope and quality, description of recommendations and alternative approaches that the District might use including rationale for the recommendations or alternative approaches Comprehensive description of why the Applicant can perform the tasks defined in the RFP. 4. Knowledge and experience with providing such government liaison services Vendor Profile must show: Organization, Capacity, Staffing, Resumes Prior public sector experience in project management and Government Liaison Services and related experiences, including references, organizational and technical capacity, and outcome/results of services provided to other similar clients of similar size; Complete substantiation of the organizational structure and capacity to provide and support the proposed services defined in Scope of 15 points 15 points 20 points 15 points

16 Services Resumes of the proposed personnel should show quality/demonstrated skills of proposed personnel Organization description should show resource utilization methods and approach. Comprehensive description of why the Applicant can perform the tasks defined in the RFP. 5. Budgeting, value engineering, and construction logistics expertise Prior public sector experience in project management and Government Liaison Services and related experiences, including references, organizational and technical capacity, and outcome/results of services provided to other similar clients of similar size; Comprehensive description of why the Applicant can perform the tasks defined in the RFP. 15 points 6. Price 20 points TOTAL: 100 points The District will consider any other relevant factors as determined by the selection committee. H. General Information. 1. Incurring Cost. The District shall not be liable for any costs incurred in the preparation and production of a proposal in response to this RFP or for any work performed prior to the issuance of a contract. 2. Rejection of Proposals. This RFP does not commit the District to award a contract, or to procure, or to contract for services or supplies. Notwithstanding any other provisions of this RFP, the District reserves the right to award a contract for the work covered by this RFP to the Applicant, or portions of the work covered by this RFP to Applicants, who best meet the requirements of the RFP, and not necessarily to the lowest cost Applicant. The District reserves the right to accept or reject any or all proposals received as a result of this RFP; to negotiate with all qualified Applicants; and/or to cancel in whole or in part this RFP, if such cancellation is in the interests of the District to so do, as determined by the District, in its sole discretion. The District may require the Applicant(s) selected to receive an award of a contract for the work covered by this RFP to the Applicant, or portions of the work covered by this RFP, to participate in negotiation and to submit any price, technical information, revisions or alternates for parts or all of its/their proposals as may result from negotiations.

17 3. Addenda to Request for Proposals. Amendments to this RFP may be necessary prior to the closing date and will be furnished by mail to all prospective Proposers who have requested these materials. 4. Contract Negotiations. The District intends to enter into contract negotiations with the Applicants recommended by the Superintendent and/or selected by the BOE, who shall be required to enter into a written contract with the District in a form approved by legal counsel for the District. The contract usually includes, without limitation, the standard clauses set forth in Appendix E attached hereto. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the contract. The contract may contain provisions not contained herein. The District reserves the right to negotiate the terms and conditions of the contract with the selected Applicant(s), if any. These negotiations could include all aspects of services and fees. Neither the selection of an Applicant nor the negotiation of the contract with such Applicant(s) shall constitute the District s acceptance of the proposal or a binding commitment on behalf of the District to enter into a contract with such Applicant(s), as any binding arrangement must be set forth in the contract signed by both parties and is subject to all requisite approvals. 5. No guarantee of Work even if awarded a Contract. Even if the District awards a contract for the work covered by this RFP to an Applicant, or portions of the work covered by this RFP to multiple Applicants, such award does not guarantee that a certain amount of work shall be given to the Applicant(s) to perform for the District before the District may terminate the contract or elect not to proceed with the Work covered by such contract. The District reserves the right, even after a contract is entered into with an Applicant, to cancel the contract, in whole or in part, if such cancellation is in the interests of the District to so do, as determined by the District, in its sole discretion. See, the standard contract clauses for consultants providing Professional Services to the District, as set forth in Appendix E attached hereto. See also, Appendix K. 6. Additional Information. The District may award a contract based upon offers received without discussion of such offers with the other Applicants under consideration. Each offer, therefore, should be submitted in the most favorable terms that the Applicants can offer the District from a price and technical standpoint. However, the District reserves the right to request additional data or to hold oral discussions, conduct interviews, and/or ask for presentations in support of written proposals from any and all of the Applicants, in the course of the District making a decision upon whom to award a contract. In addition, the District reserves the right to make on-site visits to any Applicant s place of business to assess and/or evaluate that Applicant s qualifications. 7. Disclosure of proposal contents. The District will withhold proposals submitted under this RFP from disclosure, unless otherwise required by law, including, but not limited to, the Freedom of

18 Information Law (hereafter, FOIL ). Applicants shall indicate in their proposals any information they submit that they feel is exempted from disclosure under FOIL. In the event that the District determines that any or all of such information is required by applicable law to be disclosed, the District will notify the Applicant in advance of such disclosure to enable the Applicant to take such action as it deems appropriate to protect such information from disclosure, to the extent permitted by law. Copies of executed contracts are not exempt from disclosure under FOIL. 8. Independent Price Determination. By submission of its offer, the Applicants certify (and in the case of a joint offer, each party thereto certifies as to its own organization) that, in connection with procurement, the following is true: A. The prices in this offer have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matters relating to such prices with any other Applicant or competitor; and B. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the Applicants prior to award, directly or indirectly, to any other Applicant or competitor; and C. No attempt has been made or will be made by the Applicant to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition; and D. No elected or appointed official or employee of the District shall benefit financially or materially from this contract; and E. The Applicant acknowledges that the District may terminate this contract if gratuities were offered or given by the Applicant to any elected or appointed official or employee of the county, or any person in agency to any such official or employee. 9. Ownership of Information: All materials submitted in response to this RFP will become the property of the county. 10. Examination of Records: In submitting a proposal, the successful Applicant agrees that the District shall have access to and the right to examine directly all pertinent documents, papers and records of the Applicant and/or any sub-applicant (and in the case of a joint offer, each party/organization thereto) as related to any contract and/or subcontract resulting from this RFP until six years after final payment has been made pursuant to any contract awarded as a result of the District s acceptance of the Applicant s proposal. 11. Subcontracting: The Applicant will be responsible for the entire contract performance. The Applicant must indicate in the RFP if it intends to use a sub-contractor for any part of the work. If so, the Applicant shall identify each sub-contractor by name, business address and expertise, and must include the name(s) of the principal(s) of the

19 subcontracting entity. A full description of the tasks to be performed by the subcontractor must be included. The Applicant will not be permitted to subcontract any part of the contract or any of the rights and obligations thereunder without the prior written approval of the District. 12. Negotiated Changes: In the event that negotiated changes occur after the awarding of the contract, the same pricing policies called for in the original contract will remain in effect. 13. Disclaimer: The District and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP. Further, the District does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facet of this RFP once it has been downloaded or printed from this or any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the Website on which this RFP is posted, or in connection with any other electronic medium utilized by any Applicant(s) or potential Applicant(s), any sub-applicant (and in the case of a joint offer, each party/organization thereto), in connection with or otherwise related to this RFP. I. General Conditions for Applicants. 1. The Applicants will be required to pay its employees a living wage in compliance with Nassau County Local Law No (the Living Wage Law ), if applicable, and also to pay the prevailing wage rate as published by the New York State Department of Labor, if applicable, and comply with all applicable portions of New York State Labor Law. 2. Applicant is bound by, and shall comply with, the terms of the Standard Contract Clauses for Consultants proving Professional Services to the District, in the form attached hereto as Appendix E; 3. Without in any way limiting the generality of the Applicant s undertaking to be bound by the terms of the Standard Clauses for District Contracts, attached hereto as Appendix E, Applicant is bound by, and shall comply with, the terms of Appendix F, and if the Applicant fails to comply with same, the District may terminate considering the Applicant for an award of a contract, and if a contract had already been offered or issued or executed or performed upon, then the District may terminate such contract. 4. The contract shall provide that in the event of any material misrepresentation by the Applicant in its proposal, then the District shall have the rights to immediately terminate considering the Applicant for an award of a contract, and if a contract

20 had already been offered or issued or executed or performed upon, then the District may terminate such contract. 5. The contract shall also provide that in the event the Applicant, or any of its principals, or any sub-applicant or sub-contractor, or any of its principals, (and in the case of a joint offer with the Applicant, then each party/organization thereto, or any of their principals), are convicted of a misdemeanor or felony during the term of the agreement, or are found by a Court of competent jurisdiction to be culpable of any act of moral turpitude, then the District shall also have the rights to terminate considering the Applicant for an award of a contract, and if a contract had already been offered or issued or executed or performed upon, then the District may terminate such contract J. Additional Demonstrative Materials. Parties are encouraged to provide as much additional material and detail as possible to completely describe and demonstrate the Proposal. K. Award of Contract. The District shall select an Applicant or Applicants (which may be a single firm or multiple firms) by means of a Notice of Award issued by the BOE. Neither the selection of an Applicant nor the issuance of a Notice of Award shall constitute the District s acceptance of the proposal or a binding commitment on behalf of the District to enter into a contract with the Applicant, as any binding arrangement must be set forth in definitive documentation signed by both parties and shall be subject to all requisite approvals. L. No guarantee of Work even if awarded a Contract. Even if the District awards a contract for the work covered by this RFP to an Applicant, or portions of the work covered by this RFP to multiple Applicants, such award does not guarantee that a certain amount of work shall be given to the Applicant(s) to perform for the District before the District may terminate the contract or elect not to proceed with the Work covered by such contract. The District reserves the right, even after a contract is entered into with an Applicant, to cancel the contract, in whole or in part, if such cancellation is in the interests of the District to so do, as determined by the District, in its sole discretion. See, the standard clauses set forth in Appendix E attached hereto.

21 M. Protest Policy. As indicated in Section F, all questions or concerns regarding this RFP must be directed to the designated Authorized Contact Person. If an Applicant believes that a concern has not been satisfactorily addressed, it may submit a Formal Protest, pursuant to the District s Protest Procedure, from an Authorized Contact Person designated in B above.

22 APPENDIX A COST PROPOSAL CERTIFICATION The undersigned, being a principal of the Applicant, certifies that the following is true: 1. General Bid Certification The Bidder certifies that he/she will furnish, at the prices herein quoted, the materials equipment and/or services proposed on this bid. 2. Proposed Cost Breakdown Applicant will provide a cost breakdown of each component listed in the scope of services along with a total cost for the project 3. State Law Compliance: Non-Collusive Bidding Certification By submission of this bid proposal, the bidder certifies that he/she is complying with Section 103-d of the General Municipal Law as follows: 1) Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification. (a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any; other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons thereof. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered forward nor shall any award be made unless the head of the purchasing unit of the political subdivision; public department, agency or official thereof to which the bid is made, or his designee, determines

23 APPENDIX A Page 2 of 4 that such disclosure was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tarrifs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or rebised price lists for such items, or has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a). 2) Any bid hereafter made to any political sub-division of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. 4. The District s Anti-Collusion Certification By submission of this Proposal, undersigned hereby certifies that he/she is a principal of the Applicant firm seeking an award of a contract from the District, that each person signing on behalf of the Applicant firm has the authority to do so on behalf of himself/herself as well as for any other person certifying for the Applicant, and in the case of a joint Proposal, each signatory hereto certifies as to his/her own organization, under the penalty of perjury, that, to the best of his or her knowledge and belief, that the following statements are true: a. The prices of this Proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Applicant or with any competitor; and b. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Applicant and will not knowingly be disclosed by the Applicant prior to the opening of this Proposal, directly or indirectly, to any other Applicant or to any competitor; and c. No attempt has been made or will be made by the Applicant to induce another person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. d. The undersigned has carefully examined the Proposal and Contract Documents and agrees to perform this contract and to provide all services, labor, material and equipment necessary for this contract, free of any collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices, with any other Applicant or with any competitor. SUBMITTED BY: (Applicant Firm s Name) APPROVED AND SUBMITTED BY: (Signature) PRINT NAME: DATE:

24 APPENDIX B PROGRAM DESCRIPTION AND STAFFING Please provide a complete written description of the Proposal, including the following information: a. Staffing: Biography description ( Bio ) of each of the firm s principals, as well as staff expected to be assigned to this project. b. Detail prior experience in the area of the Consultation RFP delineated Scope of Services. c. Detail prior experience with public sector clients (similar size and scope). d. Detailed cover letter on the firm s letterhead indicating EIN number and the name of the parties authorized to discuss and/or enter into negotiations with District with respect to this proposal. (USE ADDITIONAL SHEETS IF NECESSARY) SUBMITTED BY: (Applicant Firm s Name) APPROVED AND SUBMITTED BY: (Signature) PRINT NAME: DATE: