RFP: Jouett Elementary School Addition

Louisa County Public Schools

To: All Interested Parties

Subject: Request for Proposal, RFP#- FY 2019-1

Architectural and Engineering Services for the Design of a New Addition t0 Jouett Elementary School

The Louisa County School Board (School Board) is requesting proposals from interested parties to provide architectural and engineering services for the design of an addition to Jouett Elementary School. To request a copy of the full RFP, contact Mr. G. David Baker at the address below.

There will be a mandatory preproposal conference for interested parties, to walk the site and ask any related questions of the School Board. Interested parties are invited to submit one (1) original (paper copy) and five (5) electronic copies marked “Architectural and Engineering Services for the Design of an Addition to Jouett Elementary School on or before 2:00 p.m. on Friday, October 11, 2019. The preferred electronic format is USB thumb drives, but CDs are acceptable. The proposal shall be sealed in an envelope/package clearly marked with RFP # FY 2019-1, the due date and time. The proposal shall be delivered to:

G. David Baker

Finance Director

953 Davis Highway

Mineral, VA 23117

540.894.5115 (O)

It is the sole responsibility of the sender to ensure that its proposal reaches the School Board Office by the designated date and hour. Proposals will not be accepted over the facsimile machine. Proposals received in response to this RFP will be opened at the time and place stated and will be made public only as provided by the Virginia Public Procurement Act and the Virginia Freedom of Information Act.

Proposals will not be accepted at any other location. Any proposal received after the time designated above will be returned unopened. Nothing herein is intended to exclude any responsible Offeror or in any way restrain or restrict competition. All responsible Offerors are encouraged to submit proposals. Please read carefully all information contained in the RFP document.

The School Board plans to select a qualified Offeror based on the requirements set forth herein and pursuant to the Commonwealth of Virginia Public Procurement Act (§ 2.2-4300 et seq.). The awarding authority for this contract is the Louisa County School Board. The School Board reserves the right to reject any or all proposals submitted, waive any informalities or irregularities, or take advantage of any available regional or state contracts, when the School Board, in its sole discretion, deems it to be in the best interests of the school division. Any questions concerning this Request for Proposal shall be submitted in writing at the above address or by fax or email at bakergd@lcps.k12.va.us., and must be received no later than Friday, October 4, 2019.

Louisa County Public Schools does not discriminate against faith-based organizations in accordance with Code of Virginia Section 2.2-4343.1.

In accordance with federal law, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

Issued by:

G. David Baker

Finance Director

NAME AND ADDRESS OF FIRM:______________________________

______________________________

______________________________

Date: ______________________________

By: ______________________________

Name: ______________________________

Title: ______________________________

eVA Vendor ID or DUNS No. ______________________________

Email Address: ______________________________

Telephone No. ______________________________

Fax No. ______________________________

We acknowledge receipt of the following Addenda and Bulletins (if any):

No.______________________________, dated___________________

No.______________________________, dated___________________

No.______________________________, dated___________________

CONTENTS

The cover letter (Request for Proposal) and each section attached as listed below constitute this Request for Proposal. All potential Offerors will be required to adhere to all requirements, schedules, terms and conditions as set forth in these sections.

SECTION I Scope of Services

SECTION II Proposal Requirements

SECTION III Evaluation Criteria

SECTION IV Selection of Offeror

SECTION V Terms and Conditions

ATTACHMENT 1 Contractor/Employee Background Certification Form

SECTION I

SCOPE OF SERVICES

The Louisa County School Board hereinafter called “School Board” is requesting proposals from Architectural and Engineering firms to provide planning and design services for an addition to Jouett Elementary School.

1. The successful offeror shall provide planning, architectural and engineering services to include, but not be limited, to the following requirements:

• a. Provide engineering, landscape and testing services for the proposed site

• b. Conduct user group meetings and assist in finalizing total educational program details

• c. Prepare models, renderings, and graphics for School Board and public presentations

• d. Prepare conceptual and schematic designs and drawings

• e. Attend weekly (minimum) site meetings

• f. Make presentations on the progress of the project

• g. Prepare all construction drawings, specifications and bid documents

• h. Assist the School Board in analyzing and evaluating bids

• i. File and obtain appropriate documents as required by the School Board, federal, state and local authorities, including but not limited to site plan approvals and permit approvals

• j. Assist in the preparation of cost estimates, cash flow analysis and project schedules

• k. All work necessary for the completion of the project shall be in accordance with the applicable provisions of the Virginia State Department of Education, Virginia Uniform Statewide Building Code, latest edition, including all subsequent modifications and supplements, and the Americans with Disabilities Act.

• l. Provide other services as requested by the School Board

2. The successful offeror and all consultants shall provide specifications that ensure all systems will be state of the art technology and will be compatible with any relevant School Board infrastructure.

3. The addition shall be designed to include at least 8 classrooms, several resource rooms, and bathrooms for a student population in grades PreK through five.

4. Time is of the essence, therefore the successful offeror will be required to start immediately and complete each design phase without sacrifice to the quality of the project. Budget and schedule adherence will be a requirement of any contract awarded as a result of this Request for Proposal.

5. All plans and documents related to the design of the elementary school addition will become the property of the School Board. An electronic copy of all as-built drawings and all specifications shall be provided to the School Board upon final completion of construction.

6. The contract for architectural and engineering services will be in the form of AIA Document B101-2017, as amended by supplementary conditions, and include the following phases and other supplemental services as referenced in AIA Document B101-2017:

• A. Site Feasibility- The selected firm will work with school division, county, and state officials to determine the feasibility of building an addition to the school on the proposed site.

• B. Schematic/Design Development (Preliminary Drawings and Specifications) – Upon approval of the project requirements by the Owner, the Architect will prepare design of preliminary documents consisting of preliminary drawings and specifications for approval by the Owner. The school division wants the option to use an existing prototype of an elementary school or new designs. The Architect will submit to the Owner a statement of probable project construction costs and budget.

• C. Design Development (Preliminary Drawings and Specifications) – Upon approval of schematic drawings by the Owner, the Architect will prepare design of preliminary documents consisting of preliminary drawings and specifications for approval by the Owner and the Virginia Department of Education. The Architect will submit to the Owner a further statement of probable project construction cost and budget. The Architect will further assist the Owner in submitting any documentation for code or agency approval such as Plan of Development.

• D. Construction Documents Phase (Working Drawings and Specifications) – Upon approval of design development documents by the Owner, the Architect will prepare working drawings and specifications (for approval by the Owner) in order that the Owner may solicit bids for the construction of the project. The Architect will advise the Owner of any adjustments to previous statements of probable project construction cost. The Architect will further assist the Owner in submitting any documentation for code or agency approval such as building permits.

• E. Construction Phase – The Architect shall provide services to help the Owner in evaluating the bids received, review construction schedules, and keep the Owner informed of the progress of work, review shop drawings and other required submittals; review and approve materials, equipment and tests thereof; maintain accounts of the work including the issuing of change orders at the direction of the Owner; review contractor’s applications for payment, and issue Certificates for Payment in approved amounts; and provide on-site observation of the work. The Architect shall make as many visits as necessary in accordance with the schedule for the project but at least two per month to the site, while the work is in progress, to understand the progress and quality of the work and to determine if the work is proceeding in accordance with the contract documents. A person qualified in each design phase of the project shall be available when required to support the necessary visits. A written report shall be provided to the Owner after each such visit including the date, time of day, and the names of the persons representing the architect/engineer who participated in the visit. The report shall advise the Owner of any problems that were noted.

• On the basis of his on-site observations as an architect or engineer, he shall make every effort to guard the Owner against defect and deficiencies in the work of the contractor. The Architect or engineer shall not be responsible for construction means, methods, techniques or procedures (other than those specified in contract documents), or for safety precautions and programs in connection with the work, and he shall not be responsible for the contractor’s failure to carry out the contractor’s own responsibility. The Architect, as part of his basic service, shall advise the Owner concerning correction of difficulties, occurring in the building or equipment during the contractor’s guarantee period

7. The School Board may contract with a firm to provide Construction Program Management for the construction of the new elementary school addition. The Successful offeror will be required to coordinate and assist said firm in the performance of various activities i.e.; budgeting, scheduling, value engineering, etc.

SECTION II

PROPOSAL REQUIREMENTS

Each offeror interested in submitting a proposal for consideration shall submit the following information. Please submit the information requested in the format contained below:

1. Company Profile

Provide a letter of interest indicating the ability of the firm to provide the required services. This statement of interest shall include any information that is considered essential to the proposal, the name of the firm, the type of organization (proprietorship, partnership, corporation, etc.), ownership or parent company (name, address, telephone and fax numbers), the names of persons authorized to make representations for the firm (include for each their title, address, email address, telephone and fax number). Name the location of the office in which the work is to be performed, list of professional staff located in that office, list of support staff working in that office and their primary responsibilities, and identify the office organization (horizontal, vertical, or other) and include an organizational chart. The letter of interest shall include the non-collusion statement below and must be signed by an individual authorized to conduct business for the firm.

“The offeror expressly warrants that the information submitted herein is not the result of an agreement expressed or implied with any other offeror or offerors in an attempt to influence or restrict competition.”

2. Design Team

List the names of each design team member to be assigned to this project, include their specific responsibilities for the design of this elementary school construction project. In addition, provide a resume for each team member that concentrates on that experience related to the area of responsibility with emphasis on facility design.

3. Project Consultants

List all outside consultants that your firm plans to utilize on this project including mechanical, structural, electrical, civil, design, etc. Include names and addresses of principals, a listing of personnel and professional background information on each individual to be assigned to this project. Also include their plan for the project and an explanation of how the consultants will interface with your firm.

In addition list any specialty consultants your firm plans to utilize including technology, landscape (soft/hard), interior, etc. Provide the same information for each consulting firm as requested above.

Any change in the use of consultants by the successful offeror shall be approved by the School Board prior to commencement of work.

4. School Design Experience

Provide a list of elementary school addition design projects completed by your firm in the past five (5) years. Any design projects that were completed by professionals prior to joining your firm shall be listed separately with the resume of each individual professional.

Above information shall include: project name; location; nature of the firm’s responsibility; the owner’s name, address, contact person, email address, telephone and fax numbers and estimated project cost.

5. Project Approach

Discuss your firm’s approach and methodology for the delivery of this project from the award of the contract through warranty period to include but no limited to the following:

• a. Predesign work

• b. Design work

• c. Cost estimating and controls

• d. Project time lines

• e. Material and equipment selection

• f. Building systems selections

• g. Value engineering

• h. Life cycle cost studies

Provide a projected schedule for the design, construction and closeout activities.

The School Board may require the successful offeror to participate in value engineering and life cycle cost studies. Such studies are in addition to the offerors ongoing value analysis.

In addition, discuss contemporary issues in school design from your perspective as they relate to this project and the Louisa County community. Specifically address issues of flexibility and technology application in elementary schools.

6. Statement of Qualifications

Discuss the qualifications of your firm and include how your services will benefit the School Board. Emphasis should be placed on the ability of your firm to bring a school addition in on time and within budget. Provide examples that demonstrate this ability and discuss the methodology used to achieve your budget/time objectives.

Document the ability of your firm to keep change orders due to design omissions and errors to an absolute minimum. Provide examples of successful similar project experiences.

7. CADD Capabilities

Outline the CADD capabilities of your firm and how you will provide the School Board with complete CADD drawings electronically.

8. Liability Claims

Describe the disposition of any liability claims over the last ten (10) years. List any cost overruns on all projects in the last five (5) years and reasons for such overruns.

9. Promotion and Graphic Information

Drawings, sketches, renderings and other graphic materials relating to this project are to be included only in the appendix section of the submittal.

SECTION III

EVALUATION CRITERIA

Each proposal will be evaluated using the criteria listed below:

1. Qualifications of the firm and their ability to complete the project on time and within budget as evidenced by past experience. 25 points

2. Specialized experience of the firm in designing elementary school additions in the past five (5) years. 5 points.

3. Qualifications and experience of the design team and chosen consultants specifically related to the design of elementary schools. 25 points.

4. Approach to the project and methodologies used in each phase of the project design. 25 points.

5. Qualifications and experience of key personnel assigned to the project. 5 points.

6. Evidence of your firm’s ability to provide design of an elementary school with absolute minimum number of changes due to design omissions and errors. 5 points.

7. Evidence of the lack of any problems concerning liability claims and judgments. 5 points.

8. Other criteria as deemed important to the project in question i.e.; amount of support staff, structure of the organization and the quality control of the firm. 5 points.

SECTION IV

SELECTION OF OFFEROR

1. The School Board will use the competitive negotiation process (as outlined in the Virginia Public Procurement Act (specifically §§ 2.2-4301 and 2.2-4302.2) to select the Offeror to provide this service. The proposal, as submitted, will be evaluated by the School Board. Two or more Offerors deemed as best suited and qualified will be selected for formal and/or informal interviews. Selected vendors may be asked to demonstrate their complete program during the evaluation process. Competitive negotiations will be conducted with the top ranked Offerors. A contract will be awarded to the top ranked Offeror after the completion of competitive negotiations.

2. If the School Board determines that only one Offeror is fully qualified or that one Offeror is clearly more qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

3. During negotiations, the selected firm may be required to explain cost and fees, including labor cost, overhead, hourly wages by category and direct (non-labor) expense in a format prescribed by the School Board.

4. The School Board reserves the right to reject any or all proposals and will not be liable for any cost incurred in connection with the preparation and submittal for this Request for Proposals.

5. The School Board reserves the right to award a contract or contracts as may be most advantageous to the School Board.

6. Notice of Award for this solicitation shall be in writing to the Successful Offeror and posted on the Louisa County Public School Board website at https://lcps.k12.va.us/.

SECTION V

TERMS AND CONDITIONS

Independent Contractor Relations: Neither the Successful Offeror, its employees, assignees or Successful Offerors shall be deemed employees of the School Board while performing for the School Board.

General Provisions: Nothing in the agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the scope of services contained herein.

Inventions and Copyrights: The Successful Offeror is prohibited from copyrighting any papers, interim reports, forms or other material and/or obtaining patents on any invention resulting from its performance of the project, except when specific written authorization of the School Board is given. The copyright of patent shall belong to the School Board.

Term of Agreement: The term of this agreement shall begin on the day of award and continue through the date of final completion of the new elementary school addition.

Termination: The School Board Offeror may terminate the Agreement upon thirty (30) days written notice to the other party. Upon this termination for convenience, the Successful Offeror shall be paid only for those additional fees and expenses incurred between notification of termination and the effective date of termination that are necessary for curtailment of its work under the Agreement. The parties may mutually agree in writing to an earlier termination. In the event of a breach by the Successful Offeror of the Agreement, the School Board shall have the right to immediately rescind, revoke, or terminate the Agreement. In the alternative, the School Board may give written notice to the Successful Offeror by specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Successful Offeror has not substantially corrected the breach within ten (10) days of receipt of the written notice, the School Board shall have the right to terminate the Agreement. A waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement. A violation of any state or federal law or regulation by the Successful Offeror shall be considered a breach of the Agreement.

In the event of rescission, revocation, or termination, all documents and other materials related to the performance of the Agreement shall become the property of the School Board. This agreement shall be canceled automatically in the event that the local, state or federal government fails to appropriate or allocate sufficient funds or positions for the purpose of continuing the Agreement. This termination shall be complete upon depletion of the previously allocated funds.

Collateral Contracts: Where there exists any inconsistency between the Agreement and other provisions of collateral contractual Agreements which are made a part of the Agreement by reference or otherwise, the provisions of the Agreement shall hold.

Nondiscrimination: In its performance of the Agreement, the Successful Offeror warrants that it will not discriminate against any employee, or other person, on account of race, color, sex, religious creed, ancestry, age, disability or national origin.

The Successful Offeror shall post, in conspicuous places that are available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. In its solicitations or advertisements for employees, whether placed by or on behalf of the Successful Offeror, the Successful Offeror shall state that it is an equal opportunity employer. Notices, advertisements and solicitations which conform to federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.

Faith-based Organizations: Louisa County Public Schools does not discriminate against faith-based organizations.

Drug Free Workplace:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00, so that provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacturing, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Contractor/Employee Background Certification Form: Upon award, the contractor and any employee who will have direct contact with students shall provide certification that (i) he has not been convicted of a felony or any offense involving the sexual molestation of physical or sexual abuse or rape of a child; and (ii) whether he has been convicted of a crime of moral turpitude.

Any person making a materially false statement regarding such offense shall be guilt of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. (See Attachment 1)

Applicable Laws and Forum Selection: The Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia.

The parties hereby submit to the personal jurisdiction of, and venue in, the General District or Circuit Court of Louisa County, Virginia for resolution of any and all claims, causes of action or disputes between Successful Offeror and the School Board.

Severability: Each paragraph and provision of the Agreement is severable from the entire Agreement, and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect.

Modifications, Additions or Changes: Modifications, additions or changes to these terms and conditions may not be made except in writing and agreed to by the School Board. No fixed priced contract may be increased by more than twenty-five (25) percent of the amount of the Contract or $50,000, whichever is greater, without the approval of the Board. The amount of any contract may not be increased for any purpose without adequate consideration provided to the Board.

Assignment: Neither the Obligations nor the Contract Documents may be assigned, sublet, or transferred, in whole or in part, without the written consent of the School Board.

Contingent Fee Warranty: The Successful Offeror warrants that it has not employed or retained any person or persons for the purpose of soliciting or securing the Agreement. The Successful Offeror further warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of the Agreement. For breach of one or both of the foregoing warranties, the School Board shall have the right to terminate the Agreement without liability, or, in its discretion, to deduct the amount of said prohibited fee.

Financial Records Availability: The Successful Offeror agrees to retain all books, records, and other documents relative to the Agreement for five (5) years after final payment. The School Board, its authorized agents and/or auditors shall have full access to and the right to examine any of said materials during this period.

Ownership of Documents: Any reports, studies, photographs, negatives or other documents prepared by the Successful Offeror shall be retained by the Successful Offeror and shall be remitted to the School Board by the Successful Offeror upon completion, termination or cancellation of the Agreement. The Successful Offeror shall not willingly use or allow or cause to have such materials used for any purpose other than performance of the Successful Offeror’s obligations under the Agreement without the prior written consent of the School Board.

Confidential Information: All confidential and proprietary information and data furnished to the Successful Offeror by the School Board shall remain the property of the School Board. The Successful Offeror agrees to retain in confidence, and not to disclose to or use for the benefit of third parties, any information disclosed to the Successful Offeror by the School board without the School Board’s prior written consent. Excluded from the provisions of the Agreement shall be such information as:

• a. Information which is in the public domain or which the Successful Offeror can show to have been in its possession independently of and prior to such disclosure by the School Board

• b. Information which becomes public knowledge after such disclosure, without fault on the part of the Successful Offeror or its employees

• c. Information made available to the Successful Offeror from a third party source without any secrecy obligation attaching thereto

• d. All information uncovered during an investigation conducted by the Successful Offeror that is required to be reported by the Successful Offeror to appropriate agencies pursuant to local, state or federal statues (i.e., especially concerning or affecting public health and safety). The Successful Offeror will attempt to notify the School Board prior to any such reporting.

Compliance with Law and Standard Practices: The Successful Offeror shall perform its obligations under the Agreement in compliance with any and all applicable federal, state and local laws, rules, and regulations, including applicable licensing requirements, and in compliance with any and all rules of the School Board relative to the premises. The Successful Offeror shall be responsible for obtaining all permits, consents, and authorizations as may be required to perform its obligations.

The Successful Offeror warrants to the School Board that it does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in, or otherwise violate the provisions of, the Immigration Reform and Control Act of 1986.

Taxes, Fees, Code Compliance and Licensing: The Successful Offeror shall be responsible for the payment of any required taxes or fees associated with the Agreement. All work shall be in compliance with all applicable codes, ordinances and permitting requirements.

Coordination of Work: The Successful Offeror shall schedule and coordinate its services with the School Board. Services shall be performed in a professional and timely manner.

Payments and Invoices:

Billing shall be done monthly based on the contracted rate bid/proposal by the Contractor and submitted to the Louisa County Public Schools' Finance Department. The School Board will remit payment within 45 days of receipt of a correct invoice. Incorrect invoices shall be subject to correction and/or rejection by the Louisa County Public Schools' Finance Department.

Successful Offeror agrees that the School Board has the unilateral right to offset any bill submitted to School Board by Successful Offeror, or any payment owed to Successful Offeror by the School Board, by any amount due to the Board from Successful Offeror pursuant to the Contract Documents, or any other agreement, contract or transaction between School Board and Successful Offeror.

Hold Harmless Agreement: The Successful Offeror shall indemnify and hold harmless the School Board and its representatives from and against all losses and claims, demands, suits, actions, payments and judgments arising from personal injury or otherwise brought or recovered against the School Board or its representatives by reason of any act or omission of the Successful Offeror, its agents, servants or employees in the execution of the contracted work.

Insurance: The Successful Offeror shall not commence work under this Agreement until he/she has obtained all insurance required under this section and such insurance has been approved by the School Board. The School Board will be named on all liability policies and Workers’ Compensation policies as “Additional Named Insured” or “Alternate Employer Endorsement” for the proposed work.

Professional Liability Insurance: The Architect shall procure and maintain professional liability insurance for protection from claims arising out of the performance of professional services cause by a negligent act, omission or error for which the insured is legally liable. Liability insurance shall provide for coverage in the amount of two million dollars, with such deductible provisions as required by the School Board. Certificates indicating that such insurance is in effect shall be delivered to the School Board. The Architect shall also cause the independent professional engineers, architects and other consultants retained by the Architect for the Project to procure and maintain professional liability insurance coverage in the amount of two million dollars.

Workers Compensation Insurance and Employers’ Liability Insurance: The Successful Offeror shall obtain and maintain during the life of this Agreement the applicable statutory Workers Compensation Insurance with an insurance company duly authorized to write such insurance. The Successful Offeror shall obtain and maintain during the life of this Agreement, Employers’ Liability Insurance with a limit of $200,000.00 per accident/injury by an insurance company duly authorized to execute such insurance in the State of Virginia.

Public Liability Insurance: The Successful Offeror shall maintain during the life of this Agreement such Public Liability Insurance as shall protect him/her against claims for damages resulting from bodily injury, including wrongful death, and property damage which may arise from operations under this Contract whether such operations be by himself/herself or his/her employees.

Certificate of Insurance: The Successful Offeror shall furnish the School Board with two (2) copies of certificate of insurance evidencing policies required. The Successful Offeror shall not change any required insurance during the life of this Agreement unless notice of any such change in coverage is given in writing by the Successful Offeror to the School Board at least fourteen (14) calendar days prior to there having any such change in coverage.

Availability of Funds: It is understood and agreed between the parties herein that the School Board shall be bound hereunder only to the extent of the funds available and duly appropriated or which may hereafter become available and duly appropriated for the purpose of fulfilling the School Board’s Obligations with respect to the Contract Documents.

Notices:

All requests, notices and other communications required or permitted to be given under the Contract Documents shall be in writing. Delivery of a notice shall be deemed to have been made when such notice is either:

a.) duly mailed by first-class mail, postage prepaid, return receipt requested, or any comparable or superior postal or air courier service then in effect; or

b.) transmitted by hand delivery, telegram, telex, telecopy or facsimile transmission, to the party entitled to receive the same at the address indicated below or at such other address as such party shall have specified by written notice to the other party.

Notices to the Board shall be sent to:

Superintendent of Schools

Louisa County Public Schools

953 Davis Hwy

Mineral, VA 23117

With a copy to:

Bradford A. King, Esq.

Sands Anderson, P.C.

P.O. Box 1998

Richmond, VA 23218-1998

ATTACHMENT 1:

CONTRACTOR/EMPLOYEE BACKGROUND CERTIFICATION

Pursuant to Virginia Code Section 22.1-296.1.C, prior to the award of a contract for the provision of services that require the contractor or any of its employees to have direct contact with students, the school board is required to have the contractor, and when relevant, any employee who will have direct contact with students, provide certification that (i) he has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and (ii) whether he has been convicted of a crime of moral turpitude. So as not to place an undue burden or hardship on the day to day operation of the school division and remain in compliance with the aforementioned Cod provision, any contractor providing services for Louisa County Public Schools, whose employees will have direct contact with students, is required to provide the certification listed below:

As a contractor providing services for Louisa County Public Schools, whose employees will have direct contact with students, I certify that neither the contractor nor any of its employees, whether current employees or those who will be employed in the future, have been (i) convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; nor (ii) convicted of a crime of moral turpitude.

CONTRACTOR NAME

BUSINESS ADDRESS

PHONE NUMBER

CERTIFIED BY

PRINTED NAME

TITLE

DATE

Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license require to provide such services. School boards shall not be liable for materially false statements regarding the certifications required by this subsection.

For the purposes of this subsection, “direct contact with students” means being in the presence of students during regular school hours or during school – sponsored activities.