Loudoun County Public Schools Procurement and Risk Management Services A Division of the Department of Business and Financial Services 21000 Education Court, Suite #301 Ashburn, 20148 Telephone: 571-252-1270 Fax: 571-252-1432

RFP #R21267 – WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

ISSUE DATE: Friday, December 18, 2020

ACCEPTANCE DATE: Friday, January 22, 2021

ACCEPTANCE TIME: 2:00 p.m. Local Prevailing Time

PROCUREMENT SPECIALIST: Pixie Calderwood Sr. Procurement Specialist [email protected]

LCPS COMMODITY CODE: WATER TREATMENT SERVICES

Pursuant to and in compliance with this document and its enclosures hereinafter referred to as the Contract Documents for RFP # R21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOPED WATER SYSTEMS the undersigned, having become thoroughly familiar with the terms and conditions of this document and with the local conditions which may affect performance and costs, hereby proposes and agrees to furnish all labor and/or materials hereinafter specified, and to fulfill the intent of this agreement in accordance with this document as interpreted by Loudoun County Public Schools.

SOLICITATION INCLUDES: • GENERAL SPECIFICATIONS • TECHNICAL SPECIFICATIONS • EQUIPMENT SCHEDULE • PRICING SCHEDULE • VENDOR DATA SHEET • PROPRIETARY CONFIDENTAL INFORMATION IDENTIFICATION SHEET • GENERAL CONDITIONS AND INSTRUCTIONS

OPTIONAL SITE VISITS BY REQUEST—SEE SECTIONS 7 OF GENERAL SPECIFICATIONS

NOTE:

RESPONSES TO THIS RFP MUST BE SUBMITTED ELECTRONICALLY THROUGH THE LCPS ELECTRONIC BIDDING SYSTEM.

Page 1 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services LOUDOUN COUNTY PUBLIC SCHOOLS RFP #21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

GENERAL SPECIFICATIONS

1. PURPOSE 1.1 The purpose of this solicitation is to receive proposals for water treatment services for Boilers, Cooling Towers, and Closed Loop Water Systems at Schools and support facilities throughout the county.

2. SUBMISSION OF PROPOSALS 2.1 Each Offeror shall respond to this solicitation using the LCPS Electronic Bidding System by Friday, January 22, 2021 at 2:00 PM Eastern Time. Different forms of the proposal will NOT be accepted. NO FAXED, MAILED OR E-MAILED PROPOSALS WILL BE ACCEPTED. 2.2 A ‘How-To Guide’ for step-by-step instructions on how to respond to this solicitation can be found on the login page of the LCPS Electronic Bidding System via the following link: LCPS Electronic Bidding System. 2.3 After your successful submission, the system will display ‘Response Submitted’ followed by the date and time stamp in the ‘Response Status’ field. It is the sole responsibility of the Offeror to ensure that their proposal is submitted by the designated date and time stated. An incomplete submission will NOT be considered. 2.4 The digital signature must be signed by a person authorized to represent and bind your company. 2.5 Requests for additional information or clarification of specifications must be sent via the LCPS Electronic Bidding System under the ‘Questions’ section. Requests for information must be received before question cutoff date and time posted under the ‘Event Details’ tab. 2.6 Offeror will receive a system generated email notification if an addendum has been issued.

3. CONTRACT AWARD 3.1 It is the intent of Loudoun County Public Schools to award this contract to a single Contractor. LCPS reserves the right to award the contract to the maximum benefit of Loudoun County Public Schools. 3.2 The awarded contract will be a firm fixed price contract. 3.3 Loudoun County Public Schools reserves the right to reject any or all proposals, in whole or in part, and to waive technical defects, irregularities, and omissions if in its judgment the best interest of LCPS will be served. 3.4 Loudoun County Public Schools does not discriminate against faith-based organizations. 3.5 Contractor agrees that the pricing offered is equal to or less than prices offered on other contracts with similar terms and conditions. 3.6 A written notice of award will be furnished to the successful Offeror upon approval of the award by the Loudoun County School Board.

4. PERIOD OF CONTACT 4.1 The initial period of the contract will be one year from date of award. 4.2 The Loudoun County School Board reserves the option to renew the award of the contract for one year at a time for a period not to exceed a total of five (5) years. Loudoun County Public Schools and the Contractor must mutually agree on the renewal of the contract. The renewal

Page 2 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services of the contract will be based on price, service capability, product availability and appropriation of funds. 4.3 Upon mutual agreement with the Contractor, LCPS may exercise the option to extend this contract for a period not to exceed one (1) additional contract year beyond the renewals provided in the original contract. Any modification to the original contract will be issued in the form of a contract modification signed by the Purchasing Agent and the Contractor.

5. COMPETITION INTENDED 5.1 It is Loudoun County Public Schools’ intent that this Request for Proposal (RFP) permits competition. It shall be the Offeror's responsibility to advise the Procurement Director in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. The Procurement Director must receive such notification not later than seven (7) Calendar days prior to the date set for acceptance of proposals. 5.2 Nothing herein is intended to exclude any responsible service provider or in any way restrain or restrict competition. On the contrary, all responsible service providers are encouraged to submit proposals. 5.3 By sending a proposal, Offerors are certifying that the offer is made without any previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same materials, supplies or equipment and services and is in all respects fair without collusion or fraud.

6. INSURANCE REQUIREMENTS AND INDEMNIFICATION 6.1 Contractor shall be responsible for its work, services, and products and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description in connection therewith. Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed in connection with the work, services, and products, and for damage or injury to property or persons, wherever located, resulting from any action, omission, commission or operation connected in any way whatsoever with Contractor’s work, services, and products. 6.2 Contractor agrees to maintain, on a primary basis and at its sole expense, at all times during the provision of work, services, and products, the insurance coverages, limits, and endorsements described hereunder. Required insurance coverages must be acquired from insurers with an A.M. Best Rating of A- or better, licensed to conduct business in the Commonwealth of Virginia, and acceptable to LCPS. 6.3 Subcontractors’ and Suppliers’ Liability Insurance—Contractor’s provision of work, services, and products shall not be construed as creating any contractual relationship between any subcontractors or suppliers and LCPS. Contractor shall be as fully responsible to LCPS for the work, services, and products of its subcontractors and suppliers and persons employed by subcontractors and suppliers as it is for acts and omissions of persons directly employed by Contractor. 6.4 Certificates of Insurance—Contractor shall provide these insurance requirements to their insurance agent/broker for review. Contractor’s agent/broker shall process an original, signed Certificate of Insurance showing evidence of coverages and that Loudoun County Public Schools is the Certificate Holder. Emailed electronic scans of the original certificate from Contractor’s insurance representative will be accepted. The certificate shall be filed with the LCPS Procurement Office, Ms. Pixie Calderwood, Sr. Procurement Specialist, 21000 Education Court, Ashburn, VA 20148 prior to the provision of work, services, and products. If requested, Contractor will provide certified copies of all required insurance coverages within ten (10) business days of request by LCPS. The certified copies shall be sent to LCPS from Contractor’s insurance representative. Any request made under this provision shall be deemed confidential and proprietary.

Page 3 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 6.5 The certificates shall provide evidence that the following minimum insurance coverages, limits, and endorsements required herein are in full force and effect. Contractor’s insurance agents/brokers shall provide insurance policy endorsements for those coverages below requiring Loudoun County School Board dba Loudoun County Public Schools as an Additional Insured on Contractor’s liability coverages.  Workers’ Compensation Insurance—Virginia Statutory Benefits  Employers’ Liability Insurance—$1,000,000 each accident and each employee  Commercial General Liability Insurance—$1,000,000 each occurrence and on an annual aggregate “per project” basis. Coverage shall name Loudoun County School Board dba Loudoun County Public Schools as an Additional Insured and shall include coverages, not limited to, Products/Completed Operations, Independent Contractors, Contractual Liability, and Cross Liability. Professional liability and hazardous materials/pollution liability can be provided as extensions of the general liability insurance. If applicable, the certificate of insurance shall indicate these extensions of coverage.  Business Automobile Liability Insurance—$1,000,000 combined single limit each occurrence. Coverage shall include liability for Owned, Non-Owned, and Hired vehicles. In the event Contractor does not own vehicles, Contractor agrees to maintain coverage for Hired and Non-Owned Automobile Liability which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Automobile Liability policy.  Commercial Umbrella/Excess Liability Insurance—$1,000,000 each occurrence, naming Loudoun County School Board dba Loudoun County Public Schools as an Additional Insured, unless the coverage is on a pure/true follow form basis.  Professional Liability Insurance, if applicable, for Contractor’s errors, omissions, and wrongful acts. Coverage shall be provided as an extension of the general liability insurance or with a stand-alone policy.  Hazardous Material/Pollution Liability Insurance, if applicable, for Contractor’s handling, clean up, and transportation of chemicals and hazardous materials. Coverage shall be provided as an extension of the general liability insurance or with a stand-alone policy. 6.6 Additional Insured Status—Contractor agrees the liability insurance coverages as specified herein for Contractor’s work, services, and products shall be endorsed to include LCPS as an Additional Insured. The Additional Insured status shall be provided with endorsements providing equal or broader coverage for Designated Person or Organization; Owners, Lessees, or Contractors; and Contractor’s Products-Completed Operations (your work) whether required by, or in the absence of, a written contract. Coverage shall be primary and non- contributory with any other insurance and self-insurance. The Additional Insured shall read “Loudoun County School Board dba Loudoun County Public Schools, its officers and employees.” Deductibles, Self-Insured Retentions, Coverage Limitations and Exclusions—Contractor agrees to be fully and solely responsible for any costs, expenses, or losses not covered as a result of policy deductibles, coinsurance penalties, self-insured retentions, and coverage limitations and exclusions. 6.7 Insured Losses—Contractor agrees that insured losses are to be adjusted with LCPS and made payable to LCPS as trustee or loss payee where applicable. 6.8 Notice of Cancellation, Non-Renewal, or Material Change in Coverage— Contractor shall provide a new certificate prior to any change, renewal, or cancellation date. There shall be no cancellation, non-renewal, material change, or potential exhaustion of aggregate limits of insurance coverages without forty-five (45) days written notice by Contractor or its insurer. Page 4 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services LCPS shall have the right, but not the obligation, of prohibiting Contractor from providing work, services, and products until a new Certificate of Insurance evidencing the replacement coverage is provided to LCPS. Contractor agrees LCPS reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to LCPS. If Contractor fails to maintain the insurance as set forth herein, Contractor agrees LCPS shall have the right, but not the obligation, to purchase replacement insurance, which Contractor agrees to reimburse any premiums or expenses incurred by LCPS. 6.9 Right to Revise or Reject—LCPS reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, based on the insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work/specifications affecting the applicability of coverage, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, LCPS reserves the right, but not the obligation, to review and reject Contractor’s insurer due to its poor financial condition or failure to operate legally in the Commonwealth of Virginia. In such events, LCPS shall provide Contractor written notice of such revisions or rejections. 6.10 No Representation of Coverage Adequacy. The coverages, limits, or endorsements required herein protect the primary interests of LCPS, and Contractor agrees in no way shall these required coverages be relied upon when assessing the extent or determining appropriate types and limits of insurance coverage to protect Contractor against any loss or risk exposures herein or otherwise. 6.11 Safety and Health Regulations—Contractor and all subcontractors shall comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations as they may apply to the requested work, services, and products. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or death to any persons and/or damage to any property. 6.12 Contract Control of All Tasks—Contractual and other liability insurance shall not contain a supervision or inspection exclusion that would preclude LCPS from supervising and/or inspecting the work, services, and products provided. Contractor shall assume all on-the- job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractors. 6.13 Indemnification—To the fullest extent permitted by law, Contractor agrees to save, defend, keep harmless and indemnify Loudoun County Public Schools and all of its officials, agents, volunteers, and employees from and against any and all claims, lawsuits, liabilities, losses, damages, injuries, costs (specifically including reasonable litigation costs, attorney’s fees and defense costs of third party claims), charges, and exposures, caused in whole or in part by the negligent acts, errors, omissions, or breach of the applicable standard of care resulting from or arising out of, or in any way connected with, the provision of work, services, and products required herein by Contractor, Supplier, Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by Contractor or anyone for whose acts Contractor may be liable. LCPS reserves the right, but not the obligation, to participate in defense without relieving Contractor of any obligation hereunder. Contractor agrees this indemnity obligation shall continue in full force and effect until Contractor completes the provision of the required work, services, and products, except that indemnification shall continue for all products or completed operations after final acceptance of the work, services, and products by LCPS. Contractor agrees that this indemnification and hold harmless shall include claims involving infringement of patent or copyright. This section shall survive Contractor’s provision of work, services, and products, and the purchase of insurance by Contractor shall in no event be construed as a fulfillment or discharge of the obligations set forth in this section. LCPS is prohibited from indemnifying and holding harmless Contractor and/or any third parties. Nothing herein shall be construed as a waiver of LCPS’ sovereign immunity under law.

Page 5 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 7. SITE INSPECTION 7.1 The Offeror is expected to have become familiar with and consider site conditions that may affect the work, the finished product, and to have checked all dimensions at each site if necessary. Claims, as a result of failure to inspect the job site(s), will not be considered by LCPS. Site visits will be conducted for a select number of LCPS facilities to be considered representative of all of the equipment listed on the Equipment Schedule. 7.2 Optional site visits to representative sites are scheduled by request. Offerors who would like to attend site visits to inspect the equipment at any of the locations specified herein must contact the LCPS Project Manager, Mr. Nathan Williams, [email protected], 571- 509-8052 no later than January 4, 2021, 4:00 PM (ET) to notify LCPS of interest in a site visit. Site visit will take place on January 7th, 2021 beginning at 8:00 at the front doors of the Administration Building. Additional location visits will be directed by Mr. Todd Wilt once the Administration Building visit is complete. • LCPS Administration Building • Farmwell Station Middle School • Harper Park Middle School • Sycolin Creek Elementary School • Tuscarora High School • Mountain View Elementary School 7.3 No plea of ignorance of conditions that exist or may hereafter exist on the sites of the work, or difficulties that may be encountered in the execution of the work, as a result of failure to identify conditions during the site visit, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the contract documents and to complete the work for the consideration set forth therein, or as a basis for any claim whatsoever. 7.4 Information regarding equipment to be included under this contract may be found on the Equipment Schedule included in this solicitation. 7.5 Site Visit General Requirements: 1. Prospective Offerors must show identification and proof of the company they represent, ex; a business card or badge. 2. Visitors to LCPS buildings are expected to demonstrate a high level of community concern for self and others to prevent the spread of COVID-19. 3. LCPS requires all staff members and visitors to wear cloth or disposable face coverings at all times even if six feet of separation is maintained. 4. Prospective offerors must wear a mask and provide their own mask. 5. Social distancing measures will be in effect.

8. CONTRACTOR CERTIFICATION 8.1 Effective July 1, 2007, the Code of Virginia was amended to require that prior to awarding a contract for services to be provided in the presence of students, Loudoun County Public Schools will require the Contractor to certify that none of the persons who will provide services requiring direct contact with students on school property during school hours or during school-sponsored activities has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. 8.2 Verification of compliance must be submitted with the proposal. Refer to the ‘Attributes Section’ of the LCPS Electronic Bidding System. 8.3 Any questions concerning this law and its requirements on School Boards in Virginia should be referred to Ms. Andrea Philyaw, LCPS Procurement Director, at 571-252-1270.

Page 6 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 9. VIRGINIA STATE CORPORATION COMMISSION COMPLIANCE 9.1 Effective July 1, 2010, the Code of Virginia was amended to require that an Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended or otherwise required by law, shall include in its bid or proposal the Identification Number issued to such Offeror by the Virginia State Corporation Commission (SCC). Furthermore, any Offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, shall include in its proposal a statement describing why the Offeror is not required to be so authorized. An Attribute verifying compliance with this Virginia State Corporation Commission regulation must be submitted with the Proposal response. Refer to the ‘Attributes Section’ of the LCPS Electronic Bidding System to select the following options: A. Offeror is a corporation or other business entity with a Virginia SCC identification number. If Offeror chooses option A from the dropdown in the above attribute ‘VA SCC Compliance’ then the Offeror needs to enter in the provided text field their VA SCC member number. B. Offeror is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust. C. Offeror is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Offeror’s out-of-state location). D. Offeror is an out-of-state entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. E. Offeror has not completed any of the foregoing options but currently has pending before the VA SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (LCPS reserves the right to determine in its sole discretion whether to allow such waiver). Provide proof of application. For more information on this requirement, Offerors should consult with their attorney and/or contact the Virginia State Corporation Commission at (804) 371-9967; or email at [email protected]. Their website is: www.scc.virginia.gov/index.aspx.

10. PROPOSAL EVALUATION PROCESS AND CRITERIA 10.1 A Selection Committee will review all proposals, independently rank them, using factors in paragraph 10.2 below, and make a determination as to which Offerors are fully qualified. If deemed necessary, the Selection Committee may conduct interviews of the highest ranked offerors for the purpose of obtaining additional information or clarifications in order to make a final selection.

Page 7 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 10.2 Proposals will be evaluated based on the following factors:

Selection Criteria Weight Contractor’s Technical Approach 30 • The extent to which the proposal meets the requirements of this solicitation • Sufficient detail to fully reflect that the Offeror clearly understands the scope of work • Ability to meet timelines and schedule • Offeror’s approach and method of performing work • Additional information that will enhance proposal

Contractor’s Cost 30 • Completeness of pricing • Lowest total amount based on cost/quality of service

Contractor’s Experience 20 • Corporate experience and references for whom comparable services have been performed • Quality of work • Capability and reliability

Contractor’s Staffing 20 • Resumes and experience • Experience, training and certificates

TOTAL POINTS AVAILABLE 100

10.3 All proposals provided in response to this solicitation shall be valid for one hundred twenty (120) days. At the end of the one hundred twenty (120) days, the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. 10.4 Oral Presentation (30 Points) if applicable. Total ranking of 30 points are possible for this portion of the Evaluation Process. Points will be determined by: 1. Overall presentation 2. Project team qualifications 3. Presentation and staff competence of all services requested 4. Responses to Proposal Analysis Group questions

11. PRICES 11.1 The subsequent contract will be a firm fixed price contract. Pricing will be in accordance with the requirements of the final contract. 11.2 Labor rates specified by the Offeror shall include all direct and indirect overhead costs such as transportation, supervision, general and administrative costs, etc. For “EXTRA WORK” performed outside the scope of this contract, labor rates will be paid based on time at the job site as identified in the herein. 11.3 The successful Contractor may be required to provide materials, equipment rental and Subcontractors ‘Extra Work’ outside the scope of the contract. If the Contractor provides equipment rental or Subcontractors, the compensation will be based on the actual cost of the equipment or Subcontractors that the Contractor provides. The Contractor will invoice all materials based on percentage discount off manufacturer’s list price or as a pass-through cost of the materials if manufacturer’s price list cannot be provided. Equipment rental or Page 8 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services Subcontractors will be invoiced at cost. No additional costs of any kind will be allowed. Invoices shall be accompanied by work tickets, vendor invoices and manufacturer price lists. 11.4 Offerors agree that the pricing offered is equal to or less than prices offered on other contracts with similar terms and conditions. 11.5 Loudoun County Public Schools opens new schools on an annual basis. Upon the opening of a new school(s), the Contractor will be requested to submit a quote to add either the new service at the new school(s) to the contract. The Contractor will have the new school(s) added to their contract for preventive maintenance at the quoted price and repairs will be at the existing contract prices.

12. TIME OF PERFORMANCE/RESPONSE 12.1 Normal working hours for this contract are 7:00 AM thru 5:00 PM, Monday through Friday, on days which LCPS is normally open. If the Contractor is unable to perform the services during this period, permission to perform the services outside these hours must be obtained from the LCPS Maintenance Supervisor, at 571-252-2960. LCPS shall not be liable for any additional costs for services performed outside normal working hours due to the Contractor’s inability to perform the services during normal working hours. Approval to work outside normal working hours must be requested from the Maintenance Supervisor at least 48 hours in advance. 12.2 The Contractor is expected to perform the first monthly services at all facilities listed in the Equipment Schedule within thirty (30) days of contract award. 12.3 The Contractor is expected to respond to all routine repair requests within five working days of receipt of a work order and to all emergency repair requests within 8 hours of notification.

13. CONTRACTOR PERFORMANCE 13.1 Following notification of the contract award, the successful Offeror shall have one (1) week to submit a schedule for performing the first water treatment services to the LCPS Project Manager. If a schedule is not submitted, the Loudoun County Public Schools reserves the right to award the water treatment services at those sites to another Offeror 13.2 If the Contractor fails to either perform the water treatment services as scheduled or fails to perform satisfactorily in accordance with the specifications, Loudoun County Public Schools may take appropriate action to satisfy the contract. Any cost incurred in excess of the contract amount may be back charged to the original Contractor. Should the difference be less, the original Contractor shall have no claim to the difference. Additionally, the original Contractor may be prohibited from conducting any business with LCPS for a period of one (1) year. 13.3 During the performance of the 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 on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every Subcontract or Purchase Order of over $10,000, so that the provisions will be binding upon each Subcontractor or Vendor. 13.4 The Contractor shall be responsible for meeting all Federal, State, and local codes pertaining to this contract. 13.5 Insofar as possible, the Contractor, in carrying out their work, must employ such methods or means as will not cause interruption of, or interference with, the work of any other Contractor or LCPS personnel at the site.

Page 9 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 13.6 In performing services under this agreement, the service provider shall NOT be an employee of Loudoun County Public Schools, but Schools but shall operate under the direction of the Loudoun County Public Schools. 13.7 LCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to LCPS all such information and data for this purpose as may be requested. LCPS reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. LCPS further reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy LCPS that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

14. SUBCONTRACTING 14.1 No portion of the water treatment services shall be subcontracted or otherwise performed by a party not an employee of the Contractor. Lab services and other support services may be subcontracted. The Contractor shall provide a list of services that they intend to subcontract in their proposal.

15. CONDITION OF ITEMS 15.1 All equipment installed or items replaced as part of this contract shall be in new, first class condition. These items shall become the property of LCPS. Verbal agreements to the contrary will not be recognized.

16. PAYMENT PROCEDURE 16.1 All invoices, original and one copy, shall be sent to the following address:

Loudoun County Public Schools Department of Business and Financial Services Accounting Division 21000 Education Court, Room #313 Ashburn, Virginia 20148 [email protected]

16.2 The Contractor shall submit a Summary Invoice once each month, listing the Contractor’s Service Ticket numbers and individual locations covering work done during the monthly billing period. Contractor shall also provide copies of all Service Tickets for work performed during the billing period to the LCPS Project Manager. If Contractor fails to submit Service Tickets to the Project Manager prior to submitting the invoice, payment will not be issued until they have been received. 16.3 Reports and Tickets shall be emailed to: [email protected]. 16.4 Separate invoices are required for each Purchase Order and each invoice shall contain the Contract Number (RFP #R21267) and Purchase Order Number. 16.5 Payment shall be considered made when Loudoun County Public Schools deposits the Contractor’s payment to email above. Payments will be made within thirty (30) calendar days provided the requirements of these payment provisions are met. 16.6 Loudoun County Public Schools reserves the right to withhold payment of invoices when work performed cannot be verified with the Service Tickets due to the failure of the Contractor’s employees/representatives to report to the main office of the school where the work is performed or to the designated Loudoun County Public Schools representative.

Page 10 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 17. DELAYS 17.1 If a delay is foreseen, the Contractor shall give written notice to the Project Manager. LCPS has the right to extend delivery date if reasons appear valid. The Contractor must keep the Project Manager advised at all times of status of material order and delivery status. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes LCPS to purchase materials and services elsewhere and charge full increase in cost and handling to defaulting Contractor.

18. SUPERINTENDENCE BY CONTRACTOR 18.1 It shall be the Contractor’s responsibility to completely supervise and direct the work under this Contract and all Subcontractors that they may utilize, using their best skill and attention. The Contractor shall employ a Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the LCPS Project Manager and shall be one who can be continued in that capacity for the particular job involved, unless they cease to be on the Contractor’s payroll. The Superintendent or Foreman shall have a cellular telephone for communications with the LCPS Project Manager. 18.2 The Contractor shall have a minimum of one Technician at the LCPS work site who can communicate in English.

19. POWER OF CONTRACTOR TO ACT IN AN EMERGENCY 19.1 In case of an emergency which threatens loss or injury of property and/or safety of life, the Contractor will be allowed to act without previous instructions from the LCPS Project Manager as the Contractor sees fit. The Contractor shall notify the LCPS Project Manager as soon as possible of the emergency situation. 19.2 Any compensation claimed by the Contractor due to such extra work shall be submitted to the LCPS Project Manager for approval.

20. INCOMPETENT OR DISORDERLY EMPLOYEES 20.1 If any person employed on the work by the Contractor shall appear to the LCPS Project Manager and/or Maintenance Supervisor to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately at the direction of the Project Manager and/or Maintenance Supervisor, and shall not again be re-employed (on subject project) except on written consent of the Project Manager. 20.2 Alcoholic beverages, illegal drugs, and tobacco products are prohibited on the job site. Possession of any of these items on the job site by a Contractor’s employee will result in immediate removal of the individual from the site. Any individual removed from the job site, pursuant to this section, may not return to any job site without the written consent of the LCPS Project Manager. 20.3 The use of profanity is prohibited in school buildings or on school property by anyone at any time.

21. IDENTIFICATION 21.1 Contractor employees/representatives are required to have photo identification and be able to present same upon request. Contractor employees/representatives shall report to the appropriate administrative office each time a site is visited. All Contractors will be required to wear a visitor ID badge issued by the LCPS facility and display it clearly visible above the waist.

22. PROTECTION OF WORK AND PROPERTY 22.1 The Contractor shall at all times safely guard LCPS’s property from injury or losses in connection with this contract. The Contractor shall, at all times, safely guard and protect their own work and that of adjacent property (as provided by law and the contract documents) from Page 11 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services damage. The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the contract documents or by LCPS or by LCPS’s duly authorized representatives.

23. WEATHER CONDITION 23.1 In the event of temporary suspension of work during inclement weather, or whenever the LCPS Project Manager shall direct, the Contractor will cause his/her Subcontractors to protect themselves, their materials and work against damage or injury from the weather. If, in the opinion of the LCPS Project Manager, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or any of his/her Subcontractors to protect his/her work and materials, they shall be removed and replaced at the expense of the Contractor.

24. WORKMANSHIP 24.1 Only first-class work shall be performed, and all materials furnished in carrying out this contract shall be new and of character and quality required by the specifications. Where no standard is specified for such work or materials, they shall be the best of their respective kinds. Any unsatisfactory work done, or materials furnished, at whatever time they may be discovered, shall be immediately removed and satisfactorily replaced by the Contractor when notified to do so by the Project Manager. 24.2 If the Contractor shall neglect or refuse to remove such unsatisfactory work or materials within 48 hours after the receipt of the above mentioned notice, or if they shall not make satisfactory progress in doing so, the Project Manager may cause said work or materials to be removed and satisfactorily replaced by contract or otherwise and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due the Contractor under the Contract. Upon completion of the project, the entire work shall be delivered to LCPS in perfect and complete satisfactory working condition.

25. REJECTION OF INFERIOR MATERIAL 25.1 An inspection and approval of the materials by the Project Manager shall not in any way subject LCPS to pay for any portion of the materials, even if said materials, incorporated in the work, turn out to be unfit. Such inspection shall not be considered as any waiver of objection to the work on account of the unsoundness of the material used.

THE AMERICANS WITH DISABILITIES ACT

IF, DUE TO A DISABILITY, YOU NEED ASSISTANCE TO ENABLE YOU TO PARTICIPATE MEANINGFULLY IN THE PROPOSAL PROCESS, PLEASE CONTACT MS. ANDREA PHILYAW, DIRECTOR OF PROCUREMENT AND RISK MANAGEMENT, AT 571-252-1270 AT LEAST FIVE (5) WORKING DAYS PRIOR TO THE PROPOSAL DUE DATE.

Page 12 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services LOUDOUN COUNTY PUBLIC SCHOOLS RFP #R21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

TECHNICAL SPECIFICATIONS

1. GENERAL 1.1 The Contractor shall furnish all necessary labor, materials, equipment, technical expertise, and related incidental work to provide proper water treatment for all boilers, cooling towers and closed loop chilled and hot water systems listed in the Equipment Schedule. The Contractor is required to provide a complete water treatment program designed to maintain steam and hot water boilers, cooling towers, and closed loop chilled and hot water systems to minimize scale, sludge, corrosion, pitting and associated water problems. A. The reliable and efficient operating condition of LCPS’ boilers, cooling towers, and closed loop water systems is essential. The Contractor shall be required to maintain existing water treatment equipment, with the exception of ZENTOX cooling tower treatment systems, or furnish, install and maintain new water treatment equipment at each LCPS facility where treatment equipment is required to provide water quality herein specified. Schools with ZENTOX cooling tower treatment systems are identified in the Equipment Schedule under Water Treatment Notes. 1.2 The intent of these specifications is to express a desired end result, which the Contractor will be obligated to meet, rather than to prescribe the specific treatment to be provided. 1.3 The Contractor must have technically qualified staff and must be capable of, or contract with an Independent Laboratory to analyze water samples in accordance with the 23rd edition (or later) of “Standards Methods for the Examination of Water and Waste Water,” published by the American Public Health Association, American Water Works Association and the Water Environment Federation. 1.4 The Contractor shall provide monthly water treatment services at every facility listed in the Equipment Schedule. The minimum services to be provided are: A. Steam Boiler Service: Performed October through April B. Cooling Tower Service: Performed April through November C. Closed Loop Systems: (1) Hot Water System Service: Performed October through April (2) Cold Water System Service: Performed April through November Note: Some equipment requires monthly service year-round. This equipment is identified under “Water Treatment Notes” on the Equipment Schedule. 1.5 If during a routine inspection, the Contractor identifies excessive leakage in any steam boiler, cooling tower, or closed loop system, they shall immediately notify the Maintenance Supervisor, who will commence system repairs to eliminate the leak. After repairs have been completed, the Project Manager will issue the Contractor a work order to test the system. If the system is outside the specified range, the Maintenance Supervisor will request that the Contractor submit a Repair Services Quote to restore the system to the specified range. 1.6 All hot water boilers are closed loop systems. 1.7 Ozone equipment, when installed on cooling tower water loops, will be maintained by a separate contract. 1.8 LCPS reserves the right to add or delete locations taking into consideration new school openings or closing and according to the needs of the school system.

Page 13 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 2. MATERIALS 2.1 All chemicals, other materials or devices, and their method of use, shall conform to Federal, State, and Local ordinances and laws, and shall be acceptable to the Project Manager. The Contractor shall provide, to the Project Manager, Safety Data Sheets (SDS) for all hazardous products to be used at each work site prior to incorporating their use at any facility. The Contractor is required to maintain SDS in a readily accessible place at the work site for access in the event of catastrophic exposure and will provide it to the staff at each facility at the time of the initial visit to the facility. 2.2 Necessary precautions shall be taken in the use of chemicals for both water treatment and any chemical cleaning of machinery or equipment to prevent the possibility of accidents to humans, domestic animals, or pets. The Contractor is responsible for the proper disposal of any hazardous waste created from the treatment or cleaning process. 2.3 Each boiler shall be treated individually. Group feeding shall not be permitted. Shot type feeding shall be used on all closed hot water and chilled water systems and steam systems. Steam boilers with more than 15% make-up water requirements must be equipped with electrically operated positive displacement pumps energized from the feed-water pumps and supplying the load side of the pumps. 2.4 All dry or liquid chemical solutions shall be pre-mixed off-site in a controlled chemical manufacturing plant and shall be delivered to each site in sealed DOT-approved chemical drums, clearly marked with the product code number, name, generic ingredient, type, batch number, manufacturer, and first aid and safety information. The Contractor shall be responsible for removing all empty drums and chemical containers from all sites.

3. DAMAGE TO EQUIPMENT 3.1 Chemicals and other materials or devices used in the water treatment shall not be capable of damaging, in any manner, the internal components of the equipment being serviced.

4. REPORTS 4.1 The Contractor shall submit a monthly report showing the field analysis of water samples taken from each cast iron and steel boiler (steam and hot water), closed loop system and cooling tower scheduled for inspection that month. The report shall contain at a minimum: • date of test; • name of person performing test; • the actual and desired pH; • total hardness in ppm; • total alkalinity in ppm; • total dissolved solids in ppm; • total treatment products by name in ppm; • a brief statement concerning corrective or continuing action required to establish and maintain proper treatment levels and conditions and actions taken. 4.2 One copy of the report for each site shall be e-mailed to the Project Manager and Maintenance Supervisor upon completion of the service. These reports are a pre-requisite to releasing monthly invoices for payment.

5. INDEPENDENT ANALYSIS 5.1 LCPS reserves the right to sample water and have an analysis performed by an Independent Testing Laboratory at any time during the contract period. Should the water not prove to be within the tolerances and specifications stated herein, the cost of the test shall be borne by the Contractor. Any costs incurred by LCPS correcting the deficiencies shall be deducted from the Contractor’s monthly invoice.

Page 14 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 6. CONTRACTOR & LCPS RESPONSIBILITIES 6.1 The Contractor shall assume full responsibility for maintaining all specified systems free of pitting, corrosion, scale formation, tube fouling and associated problems. In the event the chemical treatment does not maintain the system’s cleanliness, the Contractor shall be responsible for manual and/or chemical cleaning of the affected system in a manner which does not interrupt normal operation and operating times of the building at no cost to LCPS. The Contractor shall provide a logbook at each facility to be serviced. The logbook will be used to document frequency and duration of boiler blow downs, any deficiencies noted during the monthly service visits, and any recommendations by the Technician. 6.2 LCPS’ responsibility shall be limited to cleaning, draining, mechanical system adjustments or maintenance work such as, repacking pumps or the elimination of excessive water losses due to leaks or overflow. It shall be the Contractor’s responsibility to notify the Project Manager or Maintenance Supervisor of needed maintenance work if deficiencies in the equipment are observed. No chemical testing, handling of chemicals shall be performed by LCPS employees. Loudoun County Public Schools shall be responsible for training their designated representative at each facility on the requirements for boiler equipment blow-down. Instruction shall also be given to any new personnel designated as LCPS’s representative.

7. STEAM BOILER WATER TREATMENT 7.1 Scope of Work: A. The Contractor shall provide a complete water treatment service to minimize scale, sludge, corrosion, pitting, and associated water problems in steam boilers. B. All chemicals, except chromates, normally utilized by the water treatment industry and approved by Federal, State and Local Ordinances and Laws, may be used. The Contractor shall supply to the Project Manager a written list of the chemicals they propose to use and the range of concentrations to be maintained. These “Boiler Compounds” shall provide for the boiler protection listed in paragraph 7.1 A. above. C. Steam boiler and condensate line treatment shall be executed with USDA food grade amines. D. All samples of boiler water taken for analysis must be taken from the water column of the boiler being inspected. Other samples may be taken from the appropriate source. E. As a result of steam boiler inspections by LCPS, it may be necessary to duplicate initial treatment procedures. The Contractor will be issued a work order if it is determined that “Shock Treatment” must be performed to establish the proper water treatment level. 7.2 Water Treatment: A. Service for the steam boiler systems shall include, but not be limited to, the replenishment of chemicals, adjustments to the rate of feed, and water analysis. Water treatment levels shall be maintained as described by manufacturer’s specifications. The following matrix is a general guideline:

Total Dissolved Solids <2500 ppm PH 8.5 – 10.0 Total Alkalinity 200-500 PPM Hydroxide Alkalinity 100-400 PPM Chlorides 150-250 PPM Sulfites 30-60 PPM Total Hardness 0-50 ppm Phosphate 30-60 ppm Condensate PH 7.5-8 Iron <2 ppm Page 15 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 7.3 Boiler Blow Down: A. During scheduled monthly services, the Contractor shall ensure that the blow-down operation is functional and that all boiler low water safety devices are operational. The Contractor shall immediately notify the LCPS Maintenance Supervisor of any abnormalities. 7.4 Inspection of Boilers and/or Draining: A. The steam boilers are drained annually during summer break by LCPS for inspection. The Contractor shall be responsible for restoring the water treatment levels after the annual inspection as part of their routine service. If it is necessary to drain the boilers at other times during the contract for inspection or repair, it will be necessary to duplicate baseline treatment procedures. The Contractor will be notified of this requirement and the necessity for re-establishing proper treatment levels. The Contractor will be compensated for this service using the Shock Treatment unit price that they will provide on the Pricing Schedule.

8. TREATMENT OF COOLING TOWERS 8.1 Scope of Work: A. The Contractor shall provide a complete water treatment service to minimize scale, sludge, corrosion, algae and slime conditions, and other associated water problems. B. All chemicals normally utilized by the water treatment industry and approved by Federal, State and Local Ordinances and laws, EXCEPT CHROMATES, may be used. The Contractor shall supply to the Project Manager, a written list of the chemicals proposed to be used and the range of concentrations to be maintained. 8.2 Water Treatment: A. Water treatment for open re-circulating water systems shall protect against scale formation, corrosion, algae, bacteria and other living organisms by the addition of ferrous and nonferrous corrosion inhibitors, scale inhibitors, a sediment dispersant, chemicals necessary to control slime and algae, and alkalinity reducing agents if analysis of water shows the natural alkalinity to be in excess of 75.0 ppm. The replenishment of chemicals, adjustments in rate of feed, water analysis, etc. shall also be included in the treatment program. B. Water treatment shall also include a biocide program to control the growth of living organisms in the water. (1) Should the organisms prove difficult to control, it shall be the responsibility of the Contractor to treat the system with a sanitizing agent to sanitize the system at no additional cost to LCPS. (2) Biocides shall be added only when the system is in operation and only in quantities sufficient to shock treat the system. Two different biocides shall be used on an alternating basis, every other month, to ensure that microorganisms do not develop a resistance to any one compound. One of the biocides shall be non-oxidizing. (3) For cooling towers which have ozone treatment equipment, the ozone treatment will be considered as one of the approved biocide treatments. This condition is identified on the Equipment Schedule under Water Treatment Notes. C. The Contractor shall provide a corrosion monitoring program to ensure that water treatment procedures result in a corrosion rate of 2 mil or less for mild steel and less than 0.1 mil for copper.

Page 16 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services D. Water treatment levels shall be maintained as described by manufacturer’s specifications. The following matrix is a general guideline: Total Dissolved Solids 300 - 2500 ppm Cycles of Concentration 4-5 PH 7-9 Total Hardness <450 mg/l Total Alkalinity 200 – 800 ppm Organophosphonate 5-16 PPM P Alkalinity 0 – 400 ppm Conductivity 450 – 3750 E. It shall be the responsibility of the Contractor to regulate blow-down/bleed-off of the cooling tower condenser water systems to achieve efficient system operation. Blow- down/bleed-off shall be routed to the sanitary sewer and shall not be allowed to enter the storm drain system. 8.3 Inspection of Cooling Towers and Draining: A. The water towers are drained annually at the end of the cooling season by LCPS for inspection and maintenance. The Contractor shall be responsible for restoring the water treatment levels after the annual inspection as part of their routine service. If it is necessary to drain the cooling towers at other times during the contract for inspection or repair, it will be necessary to duplicate baseline treatment procedures. The Contractor will be notified of this requirement and the necessity for re- establishing proper treatment levels. The Contractor will be compensated for this service using the Shock Treatment unit price that they will provide on the Pricing Schedule. TREATMENT OF CLOSED LOOP WATER SYSTEMS (CHILLED WATER & HOT WATER)

8.4 Scope of Work: A. The closed loop treatment program will be designed and administered to achieve maximum energy efficiency, system protection, and environmental safety. 8.5 Water Treatment: A. Chemical treatment should be added manually to each system on an as-needed basis during the monthly service visit. B. Chemicals supplied shall control corrosion to 2 mil or less for mild steel and less than 0.1 mil for copper. The chemicals shall not undergo decomposition or bacterial reversion while in the system. Should this occur, it shall be the responsibility of the Contractor to supply chemicals and labor to correct conditions immediately to prevent a reoccurrence. C. Water treatment levels shall be maintained as described by manufacturer’s specifications. The following matrix is a guideline for the monthly tests:

pH 8.5-10.5 Chilled Water Buffered Nitrite 500-1000 ppm Total Dissolved Solids 300 – 2500 ppm pH 7.0-9.0 Hot Water Buffered Nitrite 700-1000 ppm Total Dissolved Solids 2500 MM D. The closed loop systems are not routinely drained by LCPS. Draining of closed loop systems for maintenance during the period of this contract may make it necessary to duplicate initial treatment procedures. The Contractor will be notified of this requirement and the necessity for re-establishing proper treatment levels. The

Page 17 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services Contractor will be compensated for this service using the Shock Treatment unit price that they will provide on the Pricing Schedule.

9. TREATMENT OF CLOSED LOOP WATER SYSTEMS (CHILLED WATER & HOT WATER) 9.1 Scope of Work: A. The closed loop treatment program will be designed and administered to achieve maximum energy efficiency, system protection, and environmental safety. 9.2 Water Treatment: A. Chemical treatment should be added manually to each system on an as-needed basis during the monthly service visit. B. Chemicals supplied shall control corrosion to 2 mil or less for mild steel and less than 0.1 mil for copper. The chemicals shall not undergo decomposition or bacterial reversion while in the system. Should this occur, it shall be the responsibility of the Contractor to supply chemicals and labor to correct conditions immediately to prevent a reoccurrence. C. Water treatment levels shall be maintained as described by manufacturer’s specifications. The following matrix is a guideline for the monthly tests:

pH 8.5-10.5 Chilled Water Buffered Nitrite 500-1000 ppm Total Dissolved Solids 300 – 2500 ppm pH 7.0-9.0 Hot Water Buffered Nitrite 700-1000 ppm Total Dissolved Solids 2500 MM D. The closed loop systems are not routinely drained by LCPS. Draining of closed loop systems for maintenance during the period of this contract may make it necessary to duplicate initial treatment procedures. The Contractor will be notified of this requirement and the necessity for re-establishing proper treatment levels. The Contractor will be compensated for this service using the Shock Treatment unit price that they will provide on the Pricing Schedule.

10. SPECIFIC PROPOSAL INSTRUCTIONS Proposals should be arranged following this format: 10.1 Technical Approach: The Offeror must address the following areas in their proposal and any other technical items they feel will enhance their proposal: A. Identify the equipment they intend to use at each facility to provide water treatment services. B. Identify the chemicals they intend to use to provide water treatment services. C. Identify how they intend to perform the services described in this specification. D. Identify why their company should be the preferred Vendor. 10.2 Experience: The Offeror must address the following areas in their proposal and any other technical items they feel will enhance their proposal: A. Identify on the Vendor Data/References Sheet, three (3) references, preferably of school systems or public organizations in the Greater Washington D.C. Metropolitan Area, for which they have provided work of a similar nature and dollar value. B. Offerors are required to have, at a minimum, five (5) years of experience in this field. C. Contractors are required to have a Class A Virginia Contractors license with HVAC and a Master HVAC license

Page 18 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services D. Documentation to support the minimum experience shall be included in the proposal. A signed, written statement on company letterhead is acceptable. 10.3 Staffing: The Offeror must address the following areas in their proposal and any other technical items they feel will enhance their proposal: A. Indicate the primary contact person’s name and telephone number for normal LCPS working hours. Answering machines are unacceptable as a point of contact. The Offeror shall also list a contact person and telephone number or have a voice mail paging system or answering service for emergency notification outside normal LCPS working hours, nights and weekends. An Offeror using a voice mail system or answering service, in lieu of a contact person, shall be required to initiate a call back to the LCPS Representative within 30 minutes. B. Provide a list of Technicians who will perform water treatment services for this contract and copies of their resumes. As a minimum, each resume shall include years of experience, positions held, and factory and manufacturer training and certificates. C. Provide a list of services that the contractor intends to subcontract. 10.4 Additional Forms Failure to provide all the following information may result in the Offeror’s proposal receiving a lower score: A. Pricing Schedule (to include Parts 1, 2 and 3) Reference the line item tab. B. Completed Vendor Data/References Sheet C. Completed and Signed Proprietary Confidential Information Identification Sheet D. Certificate of Insurance, per General Specifications, Section 6 E. Copy of Class A Virginia Contractors license with HVAC and a Master HVAC license

Page 19 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model Type Medium ACADEMIES OF LOUDOUN 1 HW Water 2760 HW 42075 Loudoun Academy Drive 2 HW Water 2760 BAC 53E-1020- CHW Water Leesburg, VA 21057 3 HW Water 2760 007M-2 4 HW Water 2760 HW Water ADMINISTRATION BUILDING 1 HW Water 1,800 CHW Water 21000 Education Court 2 HW Water 1,800 BAC 15282-2 Ashburn, VA 20148 3 HW Water 1,800 Data Center Condenser Glycol Water ALDIE ELEMENTARY SCHOOL 23269 Meetinghouse Lane 1 Steam Water 1,904 N/A N/A HW Water Aldie, VA 20105 ALGONKIAN ELEMENTARY SCHOOL HW Water 20196 Carter Court 1 HW Water 8,316 N/A N/A Sterling, VA 20164 CHW Glycol ARCOLA ELEMENTARY SCHOOL 1 HW Water 2,070 Ozone HW Water 41740 Tall Cedars Parkway 2 HW Water 2,070 Evapco LTP-8212I Equipment Aldie, VA 20105 3 HW Water 2,070 CHW Water ASHBURN ELEMENTARY SCHOOL 1 HW Water 2,033 HW Glycol 44062 Fincastle Drive N/A N/A 2 HW Water 2,033 Ashburn, VA 20147 CHW Glycol BALL’S BLUFF ELEMENTARY SCHOOL 1 HW Water 1,477 HW Water 821 Battlefield Parkway, NE N/A N/A 2 HW Water 1,477 Leesburg, VA 20176 CHW Glycol BANNEKER ELEMENTARY SCHOOL 1 Steam Water 5,296 35231 Snake Hill Road N/A N/A HW Water 2 Steam Water 7,440 Middleburg, VA 20117 1 HW Water 2,070 BELMONT RIDGE MIDDLE SCHOOL HW Water 2 HW Water 2,070 19045 Upper Belmont Place N/A N/A 3 HW Water 2,070 Leesburg, VA 20176 4 HW Water 2,070 CHW Glycol

Page 20 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium BELMONT STATION ELEMENTARY SCHOOL 1 HW Water 2,070 Ozone HW Glycol 20235 Nightwatch Street 2 HW Water 2,070 Evapco LRT-8-122 Equipment Ashburn, VA 20147 3 HW Water 2,070 CHW Glycol BLUE RIDGE MIDDLE SCHOOL 551 East A Street N/A N/A N/A N/A N/A N/A CHW Water Purcellville, VA 20132 BRAMBLETON MIDDLE SCHOOL 1 HW Water 2,000K Evapco HW Water 23070 Learning Circle Ozone 2 HW Water 2,000K UT112-512 Ashburn, VA 20148 Equipment 3 HW Water 2,000K CW Water

BRIAR WOODS HIGH SCHOOL 1 HW Water 2,070 2-stacked HW Water 22525 Belmont Ridge Road 2 HW Water 2,070 3412A-2 BAC Ashburn, VA 20148 3 HW Water 2,070 CHW Water HW Water Three Chilled 1 HW Water 8,310 CHW Glycol 21670 Ashburn Road N/A N/A Water Loops 2 HW Water 8,310 CHW Glycol Ashburn, VA 20147 CHW Glycol BUFFALO TRAIL ELEMENTARY SCHOOL 1 HW Water 1,260 Ozone HW Water 42190 Seven Hills Drive 2 HW Water 1,260 Evapco LTP-8212I Equipment Aldie, VA 20105 3 HW Water 1,260 CHW Water CARDINAL RIDGE ELEMENTARY SCHOOL 1 HW Water 2,000 HW Water 26155 Bull Run Post Office Road Evapco AT19-311 2 HW Water 2,000 Centreville, VA 20120 CHW Water 1 HW Water 1,000 CEDAR LANE ELEMENTARY SCHOOL HW Glycol 2 HW Water 1,000 43700 Tolamac Drive N/A N/A 3 HW Water 1,000 Ashburn, VA 20147 CHW Glycol 4 HW Water 1,000 COOL SPRING ELEMENTARY SCHOOL HW Water 501 Tavistock Drive, SE 1 HW Water 990 Trane Aircool R-12 Leesburg, VA 20175 CHW Glycol

Page 21 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium COUNTRYSIDE ELEMENTARY SCHOOL 1 HW Glycol 1,739 Ozone HW Glycol 20624 Countryside Blvd. 2 HW Glycol 1,739 Evapco LRT8-122 Equipment Sterling, VA 20165 3 HW Glycol 1,739 CHW Glycol CREIGHTON’S CORNER ELEMENTARY 1 HW Water 1,260 HW Glycol SCHOOL Ozone 2 HW Water 1,260 Evapco LTP-8212I 23171 Minerva Drive Equipment 3 HW Water CHW Glycol Ashburn, VA 20148 1,260 DISCOVERY ELEMENTARY SCHOOL Ozone 1 HW Water 1,400 HW Water 44020 Grace Bridge Drive Evapco AT19-211 Equipment 2 HW Water 1,400 Ashburn, VA 20147 CHW Water 1 HW Water 1,739 HW Water 21326 Augusta Drive 2 HW Water 1,739 N/A N/A Sterling, VA 20164 3 HW Water 1,739 CHW Water 1 HW Glycol 1,000 DOMINION TRAIL ELEMENTARY SCHOOL HW Glycol 2 HW Glycol 1,000 44045 Bruceton Mills Circle N/A N/A 3 HW Glycol 1,000 Ashburn, VA 20147 CHW Glycol 4 HW Glycol 1,000 DOUGLASS SCHOOL 407 E. Market Street 1 Steam Water 4,090 N/A N/A HW Water Leesburg, VA 20176 1 HW Water 2,071 EAGLE RIDGE MIDDLE SCHOOL HW Water 2 HW Water 2,071 42901 Waxpool Road N/A N/A 3 HW Water 2,071 Ashburn, VA 20148 CHW Glycol 4 HW Water 2,071 EMERICK ELEMENTARY SCHOOL 1 HW Water 2,082 440 S. Nursery Avenue N/A N/A HW Water 2 HW Water 2,082 Purcellville, VA 20132

1 990 HW Glycol HW Glycol EVERGREEN MILL ELEMENTARY SCHOOL 2 990 HW Glycol Aircool R-22 491 Evergreen Mill Road, 3 990 Trane HW Glycol CHW Glycol SE Leesburg, VA 20175 4 HW Glycol 990

Page 22 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium HW Water FARMWELL STATION MIDDLE SCHOOL 1 HW Water 2,499 44281 Gloucester Parkway Evapco AT12-812B CHW Water 2 HW Water 2,499 Ashburn, VA 20147 CHW Glycol

FOREST GROVE ELEMENTARY SCHOOL 1 HW Glycol 1,739 HW Glycol 46245 Forest Ridge Drive 2 HW Glycol 1,739 NA NA Sterling, VA 20164 3 HW Glycol 1,739 CHW Glycol

CHW Glycol FRANCES HAZEL REID ELEMENTARY SCHOOL 1 HW Glycol 1,739 Ozone 800 North King Street 2 HW Glycol 1,739 Evapco LRT8-122 Equipment Leesburg, VA 20176 3 HW Glycol 1,739 CHW Glycol

FREDERICK DOUGLASS ELEMENTARY SCHOOL 1 HW Water 1,400 HW Water 510 Principal Drummond Way SE BAC VTL-152-M 2 HW Water 1,400 Leesburg, VA 20175 CHW Water HW Water FREEDOM HIGH SCHOOL 1 HW Water 2,076 25450 Riding Center Drive 2 HW Water 2,076 BAC 34RA South Riding, VA 20152 3 HW Water 2,076 CHW Water

GOSHEN POST ELEMENTARY SCHOOL HW 24945 Lobo Drive Ozone 1 HW Water 1760 Evapco AT19-2H11 Water Aldie, Va 20105 Equipment 2 HW Water 1760 AT19-2H11 CHW

HW Water GUILFORD ELEMENTARY SCHOOL 1 HW Water 2,870 600 W. Poplar Road N/A 2 HW Water 2,870 Sterling, VA 20164 CHW Water N/A

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EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium

HAMILTON ELEMENTARY SCHOOL 1 HW Water 965 54 S. Kerr Street N/A N/A HW Water 2 HW Water 965 Hamilton, VA 20158 HW Water HARMONY MIDDLE SCHOOL 1 HW Water 3,200 38174 West Colonial Highway N/A N/A 2 HW Water 3,200 Hamilton, VA 20158 CHW Glycol

1 HW Water 1,445 HW Water HARPER PARK MIDDLE SCHOOL 2 HW Water 1,445 701 Potomac Station Drive Evapco AT-12-2188 3 HW Water 1,445 Leesburg, VA 20176 CHW Water 4 HW Water 1,445

HERITAGE HIGH SCHOOL 1 HW Water 2,070 HW Water 520 Evergreen Mill Road, SE 2 HW Water 2,070 N/A N/A Leesburg, VA 20175 3 HW Water 2,070 CHW Water

1 HW Water 1,000 HW Glycol HILLSIDE ELEMENTARY SCHOOL 2 HW Water 1,000 43000 Ellzey Drive N/A N/A 3 HW Water 1,000 Ashburn, VA 20148 CHW Glycol 4 HW Water 1,000

1 HW Glycol 880 HW Glycol HORIZON ELEMENTARY SCHOOL 2 HW Glycol 880 46665 Broadmore Drive N/A N/A 3 HW Glycol 880 Sterling, VA 20165 CHW Glycol 4 HW Glycol 880

Page 24 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium HUTCHISON FARM ELEMENTARY SCHOOL 1 HW Glycol 1,739 HW Glycol 42819 Center Street South 2 HW Glycol 1,739 N/A N/A Riding, VA 20152 3 HW Glycol 1,739 CHW Glycol INDEPENDENCE HIGH SCHOOL 1 Water 3000K HW Evapco USS29-4124 CHW Water 23115 Learning Circle Ozone 2 Water HW 3000K Ashburn, VA 20148 Equipment 3 Water HW 3000K

J. MICHAEL LUNSFORD MIDDLE SCHOOL 1 HW Water 2,040 HW Water Ozone Equipment 26020 Ticonderoga Road 2 HW Water 2,040 BAC 15425 Chantilly, VA 20152 3 HW Water 2,040 1 HW Water 3,000 BAC 333-C CHW Water 41535 Sacred Mountain Street 2 HW Water 3,000 BAC 333-C Aldie, VA 20105 3 HW Water 3,000 CHW Water

JOHN W. TOLBERT JR ELEMENTARY SCHOOL 1 HW Glycol 1,210 HW Glycol 2 HW Glycol 1,210 N/A N/A 691 Potomac Station Drive Glycol NE Leesburg, VA 20176 3 HW 1,210 KENNETH CULBERT ELEMENTARY SCHOOL 1 HW Water 1,607 HW Water 38180 West Colonial Hwy 2 HW Water 1,607 N/A N/A Hamilton, VA 20158 3 HW Water 1,607 CHW Water LEESBURG ELEMENTARY SCHOOL 1 HW Water 1,000 HW Glycol 323 Plaza Street NE Evapco LRT 5-94 2 HW Water 1,000 Leesburg, VA 20176 CHW Glycol LEGACY ELEMENTARY SCHOOL 1 HW Glycol 1,739 HW Glycol Ozone 22995 Minerva Drive 2 HW Glycol 1,739 Evapco LRT8-122 Equipment Ashburn, VA 20148 3 HW Glycol 1,739 CHW Glycol LIBERTY ELEMENTARY SCHOOL 1 HW Water 1,739 Ozone HW Water 25491 Riding Center Drive 2 HW Water 1,739 Evapco LTP-8212I Equipment South Riding 20152 3 HW Water 1,739 CHW Water Ozone Equipment 1 HW Water 3000K Evapco USS29-4i24 HW Water 41025 Collaboration Drive 2 HW Water 3000K CHW Water 3 HW Water 3000K Aldie, VA 20105 CHW Water LITTLE RIVER ELEMENTARY SCHOOL 1 HW Glycol 1,209 HW Glycol 43464 Hyland Hills Street 2 HW Glycol 1,209 N/A N/A South Riding, VA 20152 3 HW Glycol 1,209 CHW Glycol

Page 25 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services EQUIPMENT SCHEDULE - LCPS LOCATIONS SITE COOLING BOILERS CLOSED LOOP TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium LOUDOUN COUNTY HIGH SCHOOL 1 HW Glycol 5,657 HW Glycol 415 Dry Mill Road, SW N/A N/A 2 HW Glycol 5,657 Leesburg, VA 20175 CHW Glycol HW Water LOUDOUN VALLEY HIGH SCHOOL Three Chilled 1 HW Water 6,650 CHW Glycol 340 N. Maple Avenue N/A N/A Water Loops 2 HW Water 6,650 Purcellville, VA 20132 CHW Glycol CHW Glycol 1 HW Glycol 860 LOWES ISLAND ELEMENTARY SCHOOL 2 HW Glycol 860 20755 Whitewater Drive N/A N/A HW Glycol 3 HW Glycol 860 Sterling, VA 20165 4 HW Glycol 860 MADISON’S TRUST ELEMENTARY SCHOOL Evapco AT-19-3111 1 HW Water 2,000 HW Water 42380 Creighton Road Ozone Equipment 2 HW Water 2,000 Ashburn, VA 20148 CHW Water MEADOWLAND ELEMENTARY SCHOOL 1 HW Glycol 900 HW Water 729 Sugarland Run Drive Evapco LRT5-94 2 HW Glycol 900 Sterling, VA 20164 CHW Glycol

MERCER MIDDLE SCHOOL 1 HW Glycol 1,512 HW Water Ozone 42129 Greenstone Drive 2 HW Glycol 1,512 BAC 15385 Equipment Aldie, VA 20105 3 HW Glycol 1,512 CHW Glycol

MIDDLEBURG COMMUNITY CHARTER SCHOOL 101 N. Madison Street 1 Steam Water 1,254 N/A N/A HW Water Middleburg, VA 20118 1 HW Glycol 1,440 MILL RUN ELEMENTARY SCHOOL HW Glycol 2 HW Glycol 1,440 42905 Waxpool Road N/A N/A 3 HW Glycol 1,440 Ashburn, VA 20148 CHW Glycol 4 HW Glycol 1,440 MOOREFIELD STATION ELEMENTARY SCHOOL HW Water Ozone 1 HW Water 1,400 22325 Mooreview Pkwy Evapco AT19-211 Equipment 2 HW Water 1,400 Ashburn, VA 20148 CHW Water

Page 26 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium

MOUNTAIN VIEW ELEMENTARY SCHOOL 1 HW Glycol 1,419 HW Glycol Ozone 36803 Allder School Road 2 HW Glycol 1,419 Evapco LRT 8-122 Equipment Purcellville, VA 20132 3 HW Glycol 1,419 CHW Glycol

NEWTON-LEE ELEMENTARY SCHOOL 1 HW Water 2,070 HW Glycol Ozone 43335 Gloucester Parkway 2 HW Water 2,070 Evapco LRT-8-122 Equipment Ashburn, VA 20147 3 HW Water 2,070 CHW Glycol

PINEBROOK ELEMENTARY SCHOOL 1 HW Glycol 1,738 HW Glycol Ozone 25480 Mindful Court 2 HW Glycol 1,738 Evapco LRT-8-122 Equipment Aldie, VA 20105 3 HW Glycol 1,738 CHW Glycol

POTOMAC FALLS HIGH SCHOOL 1 HW Water 1,739 HW Water 46400 Algonkian Parkway 2 HW Water 1,739 N/A N/A Sterling, VA 20165 3 HW Water 1,739 CHW Water

POTOWMACK ELEMENTARY SCHOOL HW Water 1 HW Water 1,130 46465 Esterbrook Circle N/A N/A 2 HW Water 1,130 Sterling, VA 20165 CHW Glycol

1 HW Glycol 1,512 RIVER BEND MIDDLE SCHOOL HW Water 2 HW Glycol 1,512 46540 Algonkian Parkway N/A N/A 3 HW Glycol 1,512 Sterling, VA 20165 4 HW Glycol 1,512 CHW Glycol Ozone Equipment RIVERSIDE HIGH SCHOOL 1 HW Water 3,000 HW Water BAC PT2-0812A 19019 Upper Belmont Place 2 HW Water 3,000 BAC PT2-0812A 3 Water 3,000 Leesburg, VA 21076 HW CHW Water

ROCK RIDGE HIGH SCHOOL 1 HW Water 3,000 HW Water Ozone Evapco USS-29-124 43460 Loudoun Reserve Drive 2 HW Water 3,000 Equipment Evapco USS-29-124 Ashburn, VA 20148 3 HW Water 3,000 CHW Water

Page 27 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Treatment Name Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium ROLLING RIDGE ELEMENTARY SCHOOL 500 E. Frederick Drive N/A N/A N/A N/A Evapco AT19-78 CHW Glycol Sterling, VA 20164

ROSA LEE CARTER ELEMENTARY SCHOOL 1 HW Water 2,070 HW Water Ozone 43330 Loudoun Reserve Drive 2 HW Water 2,070 Evapco LTP-8212I Equipment Ashburn, VA 20148 3 HW Water 2,070 CHW Water ROUND HILL CENTER 1 HW Water 1,380 20 High Street N/A N/A HW Water 2 HW Water 1,080 Round Hill, VA 20141

ROUND HILL ELEMENTARY SCHOOL HW Glycol 1 HW Glycol 1,656 17115 Evening Star Drive N/A N/A 2 HW Glycol 1,656 Round Hill, VA 20141 CHW Glycol

SANDERS CORNER ELEMENTARY SCHOOL HW Water 1 HW Water 1,477 43100 Ashburn Farm Parkway N/A N/A 2 HW Water 1,477 Ashburn, VA 20147 CHW Glycol SELDENS LANDING ELEMENTARY SCHOOL 1 HW Glycol 1,210 HW Glycol 43345 Coton Commons Drive 2 HW Glycol 1,210 N/A N/A Leesburg, VA 20176 3 HW Glycol 1,210 CHW Glycol 1 HW Water 1,512 SMART’S MILL MIDDLE SCHOOL HW Water Ozone 2 HW Water 1,512 850 North King Street Evapco USS 19-714 Equipment 3 HW Water 1,512 Leesburg, VA 20176 CHW Water 4 HW Water 1,512

STERLING ELEMENTARY SCHOOL 1 HW Water 2,499 200 W. Church Road BAC FXT-130CR CHW Water 2 HW Water 2,499 Sterling, VA 20164

Page 28 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Name Treatment Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium STERLING MIDDLE SCHOOL 201 W. Holly Avenue N/A N/A N/A N/A N/A N/A CHW Water Sterling, VA 20164

STEUART WELLER ELEMENTARY SCHOOL 1 HW Water 1,739 HW Water Ozone 20700 Marblehead Drive 2 HW Water 1,739 Evapco LTP-8212I Equipment Ashburn, VA 20147 3 HW Water 1,739 CHW Water 1 HW Water 2,071 HW Water 2 HW Water 2,071 43100 Hay Road N/A N/A 3 HW Water 2,071 Ashburn, VA 20147 CHW Water 4 HW Water 2,071 1 HW Water 1,800 STONE HILL MIDDLE SCHOOL HW Water Ozone 2 HW Water 1,800 23415 Evergreen Ridge Drive Evapco USS 19-914 Equipment 3 HW Water 1,800 Ashburn, VA 20148 4 HW Water 1,800 CHW Water SUGARLAND ELEMENTARY SCHOOL 65 Sugarland Run Drive N/A N/A N/A N/A Evapco AT19-78 CHW Glycol Sterling, VA 20164

SULLY ELEMENTARY SCHOOL HW Water 1 HW Water 2,870 300 Circle Drive N/A N/A 2 HW Water 2,870 Sterling, VA 20164 CHW Water SYCOLIN CREEK ELEMENTARY SCHOOL 1 HW Water 2,071 Ozone HW Water 21100 Evergreen Mill Road 2 HW Water 2,071 Evapco LTP-8212I Equipment Leesburg, VA 20175 3 HW Water 2,071 CHW Water

Page 29 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services

EQUIPMENT SCHEDULE - LCPS LOCATIONS COOLING CLOSED LOOP SITE BOILERS TOWERS SYSTEMS Water Name Treatment Notes Unit # Type Medium Net MBH Mfg Model TYPE Medium TRAILSIDE MIDDLE SCHOOL 1 HW Water 2,040 HW Water 20325 Claiborne Pkwy 2 HW Water 2,040 Evapco AT19-614 Ashburn, VA 20147 3 HW Water 2,040 CHW Water TUSCARORA HIGH SCHOOL 1 HW Water 4,000 HW Water 801 N. King St. 2 HW Water 4,000 BAC 3358C-2 Leesburg, VA 20176 3 HW Water 4,000 CHW Water VALLEY SERVICE CENTER 38159 Colonial Highway 1 HW Water 140 N/A N/A HW Hamilton, VA 20158

WATERFORD ELEMENTARY SCHOOL 1 HW Water 1,241 15543 Loyalty Road N/A N/A HW Water 2 HW Water 1,241 Waterford, VA 20194

WAXPOOL ELEMENTARY SCHOOL 1 HW Water 1850K 42560 Black Angus Drive Ozone 2 HW Water 1850K Evacpo AT19-2H11 CHW Water Ashburn, VA 21048 Equipment

WILLARD MIDDLE SCHOOL 1 HW Water 1874 HW Water 40915 Braddock Road Ozone 2 HW Water 1874 Evacpo UT112-4K12 Equipment Aldie, VA 20105 3 HW Water 1874 CHW

WOODGROVE HIGH SCHOOL HW Water 1 HW Water 7,392 36811 Allder School Road BAC 3358C-2 2 HW Water 7,392 Purcellville, VA 20132 CHW Water

Page 30 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services LOUDOUN COUNTY PUBLIC SCHOOLS RFP #R21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

REPAIR SERVICES QUOTE SHEET

WORK LOCATION

REPAIR SERVICES

Description of Repair Man Hours Cost Per Extended Price Required Hour

LABOR TOTAL

PARTS/MATERIALS

Description of Part/Material Manufacturer’s Discount Extended Price List Price

PARTS/MATERIALS TOTAL

QUOTE TOTAL

Submitted By Date

Approved By Date

Page 31 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services LOUDOUN COUNTY PUBLIC SCHOOLS RFP #R21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

PRICING SCHEDULE INSTRUCTIONS

FOR PART 1: Enter the price on the on the line item tab for providing water treatment services as described in RFP #R21267 and in your proposal. The Contractor is responsible for developing a water treatment schedule according to the requirements of each individual system at every location listed on the Pricing Schedule. The schedule shall be agreed upon between the LCPS Project Manager and the Contractor. Prices shall be F.O.B. Destination and shall include all charges, including labor, transportation, materials and project supervision that may be imposed in fulfilling the terms of this contract.

FOR PARTS 2 & 3: Work listed under Parts 2 & 3 shall be on a requirements basis. Enter your labor rates and prices for pre-priced services on the line item tab respectively. LCPS will issue a purchase order when this work is required. LCPS requires that all routine work be scheduled and started no later than five (5) working days from receipt of work order. For emergency calls, LCPS requires that response be made at the site within 8 hours.

Repair Service Quotes, when requested by LCPS, shall be submitted to the LCPS Maintenance Supervisor no later than three (3) working days, unless a different time of return is mutually agreed to by both parties. The quotes shall be furnished by the Contractor at no charge and are to be considered an overhead cost. A sample of Repair Service Quote form was included in the RFP. LCPS is exempt from payment of any and all Sales Tax. A Certificate of Exemption and exemption number will be furnished to the Contractor. Quotes shall not contain assessment of any sales taxes. Repairs shall be performed only after written approval by LCPS.

Quotes are to be detailed time and materials estimates, outlining estimated labor hours, material costs and equipment rental costs (when applicable). This detail will enable LCPS personnel to validate the estimated total amount against the current contract prices and to ascertain budgetary requirements. Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and LCPS. Quotes shall be valid for acceptance by LCPS for 30 days.

Page 32 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services LOUDOUN COUNTY PUBLIC SCHOOLS RFP #R21267 WATER TREATMENT SERVICES FOR BOILERS, COOLING TOWERS & CLOSED LOOP WATER SYSTEMS

PRICING SCHEDULE Please complete pricing on the line item tab

ITEM DESCRIPTION UNIT UNIT QTY TOTAL NO. PRICE PART 1: MONTHLY SERVICE

1 Academies of Loudoun MO $ 12 $ 2 Administration Building MO $ 12 $ 3 Aldie Elementary School MO $ 12 $ 4 Algonkian Elementary School MO $ 12 $ 5 Arcola Elementary School MO $ 12 $ 6 Ashburn Elementary School MO $ 12 $ 7 Ball’s Bluff Elementary School MO $ 12 $ 8 Banneker Elementary School MO $ 12 $ 9 Belmont Ridge Middle School MO $ 12 $ 10 Belmont Station Elementary School MO $ 12 $ 11 Blue Ridge Middle School MO $ 12 $ 12 Brambleton Middle School MO $ 12 $ 13 MO $ 12 $ 14 Broad Run High School MO $ 12 $ 15 Buffalo Trail Elementary School MO $ 12 $ 16 Cardinal Ridge Elementary School MO $ 12 $ 17 Cedar Lane Elementary School MO $ 12 $ 18 Cool Spring Elementary School MO $ 12 $ 19 Countryside Elementary School MO $ 12 $ 20 Creighton’s Corner Elementary School MO $ 12 $ 21 Discovery Elementary School MO $ 12 $ 22 Dominion High School MO $ 12 $ 23 Dominion Trail Elementary School MO $ 12 $ 24 Douglass School MO $ 12 $ 25 Eagle Ridge Middle School MO $ 12 $ 26 Emerick Elementary School MO $ 12 $ 27 Evergreen Mill Elementary School MO $ 12 $ 28 Farmwell Station Middle School MO $ 12 $ 29 Forest Grove Elementary School MO $ 12 $ 30 Frances Hazel Reid Elementary School MO $ 12 $ 31 Frederick Douglass Elementary School MO $ 12 $ 32 Freedom High School MO $ 12 $ 33 Goshen Post Elementary MO $ 12 $ 34 Guilford Elementary School MO $ 12 $ 35 Hamilton Elementary School MO $ 12 $

Page 33 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services ITEM DESCRIPTION UNIT UNIT QTY TOTAL NO. PRICE 36 Harmony Middle School MO $ 12 $ 37 Harper Park Middle School MO $ 12 $ 38 Heritage High School MO $ 12 $ 39 Hillside Elementary School MO $ 12 $ 40 Horizon Elementary School MO $ 12 $ 41 Hutchison Farm Elementary School MO $ 12 $ 42 Independence High School MO $ 12 $ 43 J. Michael Lunsford Middle School MO $ 12 $ 44 John Champe High School MO $ 12 $ 45 John W. Tolbert Jr. Elementary School MO $ 12 $ 46 Kenneth Culbert Elementary School MO $ 12 $ 47 Leesburg Elementary School MO $ 12 $ 48 Legacy Elementary School MO $ 12 $ 49 Liberty Elementary School MO $ 12 $ 50 Lightridge High School MO $ 12 $ 51 Little River Elementary School MO $ 12 $ 52 Loudoun County High School MO $ 12 $ 53 Loudoun Valley High School MO $ 12 $ 54 Lowes Island Elementary School MO $ 12 $ 55 Madison’s Trust Elementary MO $ 12 $ 56 Meadowland Elementary School MO $ 12 $ 57 Mercer Middle School MO $ 12 $ 58 Middleburg Community Charter School MO $ 12 $ 59 Mill Run Elementary School MO $ 12 $ 60 Moorefield Station Elementary School MO $ 12 $ 61 Mountain View Elementary School MO $ 12 $ 62 Newton-Lee Elementary School MO $ 12 $ 63 Pinebrook Elementary School MO $ 12 $ 64 Potomac Falls High School MO $ 12 $ 65 Potowmack Elementary School MO $ 12 $ 66 River Bend Middle School MO $ 12 $ 67 Riverside High School MO $ 12 $ 68 Rock Ridge High School MO $ 12 $ 69 Rolling Ridge Elementary School MO $ 12 $ 70 Rosa Lee Carter Elementary School MO $ 12 $ 71 Round Hill Center MO $ 12 $ 72 Round Hill Elementary School MO $ 12 $ 73 Sanders Corner Elementary School MO $ 12 $ 74 Seldens Landing Elementary School MO $ 12 $ 75 Smart’s Mill Middle School MO $ 12 $ 76 Sterling Elementary School MO $ 12 $ 77 Sterling Middle School MO $ 12 $ 78 Steuart Weller Elementary School MO $ 12 $ 79 Stone Bridge High School MO $ 12 $

Page 34 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services ITEM DESCRIPTION UNIT UNIT QTY TOTAL NO. PRICE 80 Stone Hill Middle School MO $ 12 $ 81 Sugarland Elementary School MO $ 12 $ 82 Sully Elementary School MO $ 12 $ 83 Sycolin Creek Elementary School MO $ 12 $ 84 Trailside Middle School MO $ 12 $ 85 Tuscarora High School MO $ 12 $ 86 Valley Service Center MO $ 12 $ 87 Waterford Elementary School MO $ 12 $ 88 Waxpool Elementary School MO $ 12 $ 89 Willard Middle School MO $ 12 $ 90 MO $ 12 $ TOTAL PROPOSAL AMOUNT PART 1 $

Page 35 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services UNIT ITEM NO. DESCRIPTION UNIT PRICE

PART 2: LABOR RATES: Labor rates shall be paid on the basis of time on the job site, not travel time. Labor rates shall include all direct and indirect costs such as transportation, supervision, general and administrative costs and profit, etc.

The Contractor will invoice all materials based on a percentage discount off manufacture’s list price or as a pass- through if manufacturers price list can’t be provided. Equipment rental or Subcontractors will be invoiced at cost. No additional costs of any kind will be allowed. Invoices shall be accompanied by work tickets, vendor invoices and manufacturer list prices.

• Miscellaneous Materials Discount: 0%

Labor Rate, Technician, 91. HR $ Regular Hours (Mon-Fri 7 a.m. – 5 p.m.)

Labor Rate, Apprentice/Helper, 92. HR $ Regular Hours (Mon-Fri 7 a.m. – 5 p.m.)

Labor Rate, Technician, 93. HR $ Overtime (Mon-Fri 5 p.m. - 7 a.m., weekends and LCPS holidays)

Labor Rate, Apprentice/Helper 94. HR $ Overtime (Mon-Fri 5 p.m. - 7 a.m., weekends and LCPS holidays) PART 3: PRE-PRICED SERVICES: Enter the per each service price for the following services not included under Part 1. Pricing should be all inclusive, including labor, materials, supplies etc.: Shock Treatment: Re-establish proper water treatment level on a one- time basis for steam boilers. This service will normally be required 95. following the internal boiler inspection, but may be needed at any EA $ time during the contract period if a boiler is shut down and drained for repairs. Shock Treatment: Re-establish proper water treatment level on a one- 96. time basis for cooling towers. This service may be required EA $ following a system repair. Shock Treatment: Re-establish proper water treatment level on a one- 97. time basis for closed loop systems. This service may be required EA $ following a system repair. 99. Test and analyze closed loop water system: price per system EA $ 99. Test and analyze cooling tower for Legionella EA $

Note: Items 95 through 99. It is anticipated that these services will be used 5 times per year each.

Page 36 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services EXHIBIT A: VENDOR DATA SHEET

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact for Awarded Contract: Name: Title: Phone: email: 3. Vendor’s Account Manager Contact: Name: Title: Phone: email: 4. Vendor’s Emergency Contact: Name: Title: Phone: email: Toll-Free:

5. Years in Business: Indicate the length of time you have been in business providing this type of good or service: Years Months

6. Indicate below a listing of at least three (3) current school, local government, or similar entity, that your company is servicing, has serviced, or has provided similar goods/services. Include the length of service and the name, address, and telephone number of the point of contact. In addition to this section, please submit a more detailed list of references including description of the scope of services provided and email address of the contact person.

A. Entity: Contact: Phone :( ) Fax: ( ) Email: Project: Services Performed: Dates of Service: $ Value:

B. Entity Contact: Phone :( ) Fax: ( ) Email: Project: Services Performed: Dates of Service: $ Value:

C. Entity: Contact: Phone :( ) Fax :( ) Email: Project: Services Performed: Dates of Service: $ Value:

I certify the accuracy of this information.

Signed: Title: Date:

Page 37 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services EXHIBIT B: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION

Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of § 2.2- 4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected including the section of the proposal in which it is contained and the page numbers and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Firm/Offeror: , invokes the protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on (Date).

Signature:

Title:

DATA/MATERIAL TO BE SECTION NO., & PAGE NO. REASON WHY PROTECTION IS PROTECTED NECESSARY

Page 38 of 61 Loudoun County Public Schools RFP #R21267- Water Treatment Services Loudoun County Public Schools ASHBURN, VIRGINIA

GENERAL CONDITIONS AND INSTRUCTIONS TO OFFERORS

(Vendor: The General Conditions and Instructions to Offerors that follow apply to all purchases by Loudoun County Public Schools (LCPS), through the Purchasing Division and become a definite part of each formal solicitation, purchase order, or other award issued by the Purchasing Division, unless otherwise specified.

Offerors and/or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting an offer. Failure to do so will be at the offeror’s own risk, and an offeror cannot secure relief from the conditions on the plea of error.)

Subject to all applicable laws, ordinances, policies, resolutions, regulations, and all limitations imposed thereby, offers on all solicitations issued by the Purchasing Division will bind offerors to the conditions and instructions herein set forth unless otherwise specified in the solicitation.

1. AUTHORITY-The Purchasing Agent shall serve as the principal purchasing official for LCPS and shall be responsible for the procurement of goods and services, with the exception of construction, the responsibility for which shall reside with the Assistant Superintendent for Support Services. The Purchasing Agent shall be appointed, supervised and subject to the direction of the Division Superintendent or his/her designee. Bids, proposals, and purchase orders for Loudoun County Public Schools are pursuant to School Board Policy which is in compliance with the Virginia Public Procurement Act, Va. Code §2.2-4300, et. seq. In the discharge of these responsibilities, the Purchasing Agent may be assisted by other staff. Any purchase order or contract made contrary to these provisions and authorities shall be of no effect and void, and the School Board and Loudoun County Public Schools shall not be bound thereby. All contacts between offerors or prospective offerors shall be only with the Purchasing Agent or other designated employee of the Loudoun County School Board. No offeror or potential offeror shall initiate or engage in any discussions with any other employee of the School Board or any member of the School Board while a solicitation is outstanding concerning the contents of such solicitation or with the intent to influence or interfere with the contract award authorized by and described in such solicitation. A violation hereof may result in a disqualification of such offeror.

SPECIFICATIONS

2. QUESTIONS OR COMMENTS-Any substantive information a prospective offeror desires concerning a solicitation beyond what is contained in the solicitation, including without limitation, questions about specifications and requirements, shall be requested of the Purchasing Agent, in writing, at least five days before the opening date of bids or proposals. Requests not

Page 39 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services received within five days of the opening date need not be considered unless the Purchasing Agent, in his or her sole discretion, deems it in LCPS interest to do so. Any material interpretation made to prospective offerors will be expressed in the form of a written addendum to the solicitation which shall be posted on the LCPS website. It shall be the offeror’s responsibility to monitor the website for changes. Addenda will be posted no later than three days before the opening date. Oral answers shall not be authoritative and shall not provide any basis for reliance by an offeror. Offerors shall acknowledge receipt of any addenda with their offer. Failure to do so may cause the offer to be rejected as nonresponsive.

3. a) BRAND NAME OR EQUAL ITEMS-Unless otherwise provided in the Invitation to Bid (IFB) or Request for Proposal (RFP), the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make, or manufacturer named. Such a brand name conveys the general style, type, character and quality of the article desired, and any article which LCPS, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended shall be accepted.

b) SECRETS OR PROPRIETARY INFORMATON- Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

4. FORMAL SPECIFICATIONS-When an IFB or RFP indicates that it is a "formal specification" (no substitute), or otherwise states that the article specified, and no other, shall be provided, then the offeror shall furnish the article in strict conformity with the specification and may not offer a purported equal or substitute. The offeror shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission. The offer shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever a specification requires articles, materials, or workmanship to conform to laws, ordinances, regulations, building codes, underwriter laboratory standards, ASTM standards, or similar law or standards, the specification shall be construed to require at least the minimum acceptable standard allowed by the cited law or standard under the circumstances unless otherwise indicated.

BID PROCESS

5. TIME FOR RECEIVING BIDS-Bids received prior to the time of opening will be securely kept unopened. The Purchasing Agent or a representative whose duty it is to open them will decide when the specified time has arrived, and no bid in a procurement by competitive sealed bidding received thereafter will be considered, unless the Purchasing Agent determines, in his or her sole discretion, that delay in receipt of the bid until after the specified time was the fault of LCPS, the bidder could not have obtained any undue advantage because of the delay, and consideration of the bid would not compromise the integrity of the bid system. No responsibility

Page 40 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services will be attached to the Purchasing Agent or representative for the premature opening of a bid not properly addressed, received, and identified.

6. BIDDERS PRESENT-In procurements by competitive sealed biding, at the time fixed for the opening of sealed bids, their contents will be made public for the information of bidders and other interested parties, who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly and remain available for inspection in the Office of the Purchasing Agent during regular business hours by bidders prior to award (unless a determination is made not to make an award) and by the general public after an award is made. The Purchasing Division will provide each bidder a notification of award.

PLEASE NOTE: Proposals submitted in response to Requests for Proposal are not opened publicly and are negotiated contracts. The Purchasing Division will release the names of those submitting proposals after the time for receipt of proposals has passed.

7. OMISSIONS AND DISCREPANCIES-Unless otherwise indicated, any specification for an item of equipment shall be interpreted to include not only the item of equipment specified, but also those parts, items, appurtenances and accessories reasonably necessary to make the equipment complete and working.

8. WITHDRAWAL OF BIDS-A bidder may withdraw his/her bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which can be clearly shown by objective evidence drawn from inspection of original working papers, documents and materials used in the preparation of the bid sought to be withdrawn. The following procedure shall be used to request withdrawal of a bid, other than for a public construction contract:

(a) Requests shall be submitted and delivered to the Purchasing Agent or his/her representative in writing.

(b) A bidder shall give notice in writing of his/her claim of right to withdraw his/her bid within ten business after notice of intent to award or notice of award, whichever occurs first.

(c) Requests shall include all objective evidence as to why the bidder contends his/her bid meets the above criteria for withdrawal due to mistake, including without limitation, originals of work papers.

(d) The Superintendent shall decide whether the bid may be withdrawn on contracts of less than $100,000. On contracts of $100,000 or more the School Board will make the determination. A decision denying withdrawal of a bid shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision by instituting legal action as provided in Section 2.2-4364B of the Code of Virginia.

Page 41 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services (e) If a bid is withdrawn under the authority of this section and the solicitation is not cancelled, the lowest responsive and responsible remaining bid shall be deemed to be the low bid. No bidder who is permitted to withdraw a bid shall, for compensation, supply any materials or labor to or perform any contract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

9. ERRORS IN BID-When an error is made in extending the total prices, the unit bid price will govern. Erasures on hardcopy bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of the bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible errors. Errors discovered after public opening cannot be corrected, and the bidder will be required to perform if his bid is accepted, unless the bidder successfully withdraws its bid in accordance with paragraph 8, Withdrawal of Bids.

10. BIDDERS INTERESTED IN MORE THAN ONE BID-If more than one bid is offered by any one person, by or in the name of their clerk, partner, firm, or corporation, all such bids may be rejected. A contractor who has quoted prices on work or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, material or supplies.

11. TAX EXEMPTION-LCPS is exempt from the payment of any federal excise or Virginia sales tax. The price bid must be net, exclusive of taxes. When under established trade practice, any federal excise tax is included in the list price; bidder may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by LCPS. All offerors, however, shall assure that all their real and personal property taxes owed to the County of Loudoun are paid prior to submitting an offer.

AWARD

12. RESPONSIBLE BIDDER-In determining the responsibility of a bidder, the following criteria will be considered:

(a) The ability, capacity and skill of the bidder to perform the contract or provide the services required: whether they can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

(b) The character, integrity, reliability, reputation, judgment, experience and efficiency of the bidder.

(c) The quality of performance on previous contracts.

(d) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.

(e) The sufficiency of the financial resources and ability of the bidder to perform the contract or

Page 42 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services provide the service.

(f) The quality, availability, and adaptability of the goods or services to the particular use required.

(g) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

(h) The number and scope of the conditions attached to the bid.

(i) Whether the bidder is in arrears on a debt or contract or is in default on a security to LCPS or whether the bidder's county taxes or assessments are delinquent.

(j) Such other information as may be secured by the Purchasing Agent having a bearing on the decision to award the contract.

(k) If the bid from the lowest responsible, responsive bidder exceeds available funding, negotiations may be conducted with the apparent low bidder to obtain a contract price within available funds.

13. NOTICE OF AWARD/CONTRACT DOCUMENTS-A written award furnished to the successful bidder shall be deemed to result in a contract binding on the bidder. To the extent they are included in or incorporated by the solicitation, the following documents are hereby incorporated in and shall form a part of the resulting contract:

(a) LCPS Solicitation, Award Notice, and other documents which may be incorporated by reference, if applicable.

(b) General Conditions and Instructions to Offerors.

(c) Special Provisions.

(d) Pricing Schedule.

(e) Any Addenda/Amendments.

(f) Purchase Order.

(g) No awardee of any Loudoun County Public School’s contract shall issue a press release or in any other way advertise their contract with Loudoun County Public Schools without the express written permission of Loudoun County Public Schools.

14. TIE BIDS-In case of a tie bid, preference shall be given to County and State bidders in that order; otherwise the tie shall be decided by lot.

Please note: Consistent and continued tie offerings could cause rejection of offers by LCPS and/or investigation for Anti-Trust violations.

Page 43 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 15. PROMPT PAYMENT DISCOUNT-For purposes of entitlement to any prompt payment discount offered by a bidder:

(a) The date from which LCPS has to pay will be upon delivery to LCPS, inspection, and acceptance by LCPS, or receipt of a correct invoice by the office specified by LCPS.

(b) If the bidder does not specify a time within which payment is to be made for its prompt payment discount to apply, then the time shall be thirty (30) days.

(c) Payment shall be deemed made as of the date of mailing of the LCPS check to the vendor.

16. INSPECTION-ACCEPTANCE-For determining acceptance of supplies in accordance with the provisions of the Prompt Payment Discount paragraph, inspection and acceptance shall be accomplished only after examination (including testing) of supplies and services to determine whether the supplies and services conform to the contract requirements.

CONTRACT PROVISIONS

Cooperative Procurement: As authorized in Section 2.2-4304 of the Code of Virginia, if applicable, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions, and localities of the several states, territories of the United States, and the District of Columbia with the consent of the contractor. Upon notification of award, vendors will be issued a rider clause that is to be completed by the contractor and returned within ten days of notification of award.

17. TERMINATION OF CONTRACTS-Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met unless:

(a) Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by the School Board for convenience or cause, or upon termination by Contractor for material breach by LCPS.

(b) Extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

18. TERMINATION FOR CONVENIENCE-A contract may be terminated by the School Board in accordance with this clause in whole or in part whenever the Purchasing Agent shall determine that such a termination is in the best interests of LCPS. Any such termination shall be effected by delivery to the Contractor at least (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. An adjustment in the contract price shall be made to compensate the contractor for his/her actual costs incurred in performance prior to termination that, as determined in the School Board’s discretion, are reasonable, allocable, and allowable, plus a reasonable amount of profit on such costs. In no event shall the LCPS or the School Board be liable to the contractor for anticipated profits for unperformed work or undelivered goods or for any consequential, Page 44 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services special, incidental, or punitive damages of any kind. In no event shall LCPS be liable for any amount over the contract price.

19. TERMINATION OF CONTRACT FOR CAUSE-

(a) The School Board may, by written notice of termination to the Contractor specifying a termination date at least five days thereafter, terminate this contract for cause in whole or in part if the Contractor (1) fails to deliver the goods or perform the services this contract requires within the time this contract specifies, or (2) fails to perform any of its other obligations under this contract or violates any provision of this contract.

(b) If this contract is terminated for cause, the Purchasing Agent may require the Contractor to transfer title and deliver to LCPS, as directed by the Purchasing Agent, any completed or partially completed goods and documents, data, studies, surveys, drawings, maps, models and reports ("deliverables") prepared by the Contractor under the contract. LCPS shall pay the contract price for such completed goods and deliverables. The Contractor and Purchasing Agent shall agree on the amount of payment for partially- completed goods and deliverables the School Board requires the Contractor to transfer and deliver to it. If the parties fail to agree, then the Contractor may present a claim to LCPS for its reasonable costs for the partially-completed goods and deliverables. Costs recoverable shall be limited to those that, as determined in LCPS discretion, are reasonable, allocable, and allowable. Such costs in no event shall exceed the contract price for the goods and deliverables if completed.

(c) Notwithstanding the above, the Contractor shall not be relieved of liability to LCPS for damages sustained by LCPS by virtue of any breach of contract by the Contractor for the purpose of setoff until such time as the exact amount of damages due to LCPS from the Contractor is determined.

(d) If the School Board terminates this contract for cause when cause, in fact, does not exist, then the termination shall for all purposes be deemed a termination for convenience under this contract, and the termination for convenience clause shall apply for all purposes.

(e) If Contractor properly terminates this contract for material breach by LCPS, Contractor’s damages shall be limited to the amounts recoverable by Contractor for a termination for convenience.

20. CONTRACT MODIFICATIONS-No modifications in the terms of a contract shall be valid or binding upon LCPS unless made in writing, signed, and duly authorized by LCPS.

21. FUNDING-A contract shall be deemed binding only to the extent of appropriations available to LCPS for the purchase of such articles.

22. NEW GOODS/FRESH STOCK-Unless otherwise specifically stated, the Contractor shall provide new rather than used goods, fresh stock, and the latest model, version, design or pack of any item specified.

23. NONDISCRIMINATION-During the performance of this contract the Contractor agrees as follows:

(a) The Contractor will not discriminate against any employee or applicant for employment

Page 45 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services because of race, religion, color, sex, national origin, age, disability or other basis prohibited by state law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

(b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an Equal Opportunity Employer.

(c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

(d) The Contractor will include the provisions of the foregoing paragraphs a, b, and c above in every subcontract or purchase order of over ten thousand dollars so that the provisions will be binding upon each subcontractor or vendor.

24. SMALL BUSINESS AND MINORITY BUSINESS ENTERPRISES-

(a) It is the policy of LCPS to undertake every effort to increase opportunity for utilization of small businesses and minority businesses in all aspects of procurement to the maximum extent feasible.

(b) In connection with the performance of this contract, the Contractor agrees to use his/her best effort to carry out this policy and ensure that Small Businesses and Minority Businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract.

(c) As used in this contract, the term "Small Business" means a business concern which, regardless of ownership or control, (l) does not exceed fifty (50) employees, (2) gross annual income does not exceed two (2) million dollars, (3) is independently owned and operated (not subsidiary of another firm), and (4) is not dominant in its field of operation.

(d) As used in this contract, the term "Minority Business" means a business concern which is operated and controlled by a minority. The term "operated and controlled" shall mean that the managerial staff of the business concern is comprised of minority persons, sufficient in ratio and gross earnings to demonstrate that the business transactions are, in fact, controlled by minority persons; and that the primary power, directly or indirectly, to influence the management of this business concern shall rest with minority persons or a corporation, partnership or sole proprietorship in which minority persons collectively own, operate, control and share in earnings of fifty one (51) percent or more of such an enterprise.

(e) As used in this contract, the term "Minority person" means Black, Hispanic, Asian or Pacific Islanders; American Indians or Alaskan Natives; and women, regardless of race or ethnicity.

(f) Contractors may rely on oral or written representation by subcontractors regarding their status as small and/or minority business enterprises in lieu of independent investigation.

Page 46 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services (g) Where federal grants or monies are involved, it is the policy of LCPS through its agents and employees to comply with the requirements set forth - Standards Governing State and Local Grantee Procurement - of the U.S. Office of Management and Budget Circular N. A- 102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments, as they pertain to small and minority business utilization.

25. GUARANTEES & WARRANTIES-Unless otherwise specifically indicated in the solicitation, by entering into the contract, the Contractor itself warrants and guarantees all goods and services furnished (1) in accordance with the General Guaranty and Service Contract Guaranty paragraphs herein, and (2) in accordance with the provisions of the Uniform Commercial Code. In addition, the Contractor shall properly transfer to LCPS all standard warranties given by the manufacturer(s) of any goods furnished. The Contractor shall deliver all manufacturers' warranties to the Purchasing Agent before final payment on the contract.

26. PRICE REDUCTION-If at any time after the date of the bid the Contractor makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (l) to contractor's wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a "general price reduction" under this provision. The Contractor shall submit invoices at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the contract documents. The Contractor in addition will, within ten (10) days of any general price reduction, notify the Purchasing Agent of such reduction by letter. FAILURE TO DO SO WILL BE A BREACH OF THE CONTRACT AND MAY REQUIRE TERMINATION OF THE CONTRACT. Upon receipt of any such notice of a general price reduction, all ordering offices will be duly notified by the Purchasing Agent.

27. CHANGES- (a) The Purchasing Agent may, at any time, without notice to any sureties, by written order indicated to be a change order, and signed by him or her, make changes within the general scope of the contract, including without limitation, changes in (1) specifications (including drawings and designs), (2) method of packing and shipment, (3) method or manner of performance, (4) place of delivery, and (5) time for performance and completion.

(b) Within fifteen (15) days of receipt of a change order, the Contractor shall submit a written proposal to the Purchasing Agent for any equitable adjustment to the contract price, delivery schedule, or both, that should in fairness be made due to the change order. The parties shall then agree to and sign a modification to the contract that makes an equitable adjustment to the contract price, delivery schedule, or both.

(c) If the parties cannot agree to a modification to the contract, then the Purchasing Agent may either (1) cancel the change order at no expense to LCPS, or (2) order in writing that the Contractor proceed with the change order.

(d) If the Purchasing Agent orders in writing that the Contractor proceed with the change order and no adjustment is agreed upon, then the Contractor or Purchasing Agent may submit a claim to LCPS for an equitable adjustment to the contract price, delivery schedule,

Page 47 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services or both, due to the change order. Any equitable adjustment as to contract price shall be limited to the increase or decrease in cost reasonably attributable to the change order that, as determined in LCPS discretion, is reasonable, allocable, and allowable. Any equitable adjustment as to delivery schedule shall be limited to an increase or decrease in schedule reasonably attributable to the change order.

(e) Nothing shall excuse the Contractor from proceeding with the contract as changed by written change order.

(f) No payment shall be made to the Contractor for any extra material or services or for any greater amount of money than the written contract stipulates unless the procedures of this clause have been strictly followed.

28. PLACING OF ORDERS-Orders against contracts will be placed with the Contractors on a Purchase Order executed and released by the Purchasing Agent. The Purchase Order must bear the appropriate contract number and date.

Where Blanket Purchase Agreements (BPAs) have been executed and a Purchase Order has been released by the Purchasing Agent, telephonic orders may be placed directly with the Contractor by the ordering office. Such agreements (BPA) are normally reserved for the purchase of highly repetitive items on a day-to-day basis.

Orders may be made by use of a LCPS purchase card.

DELIVERY PROVISIONS

29. SHIPPING INSTRUCTIONS-CONSIGNMENT-Unless otherwise specified in the solicitation, each case, crate, barrel, package, etc., delivered under the contract must be plainly stenciled or securely tagged, stating the Contractor's name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, contract number, name of the Contractor, the name of the item, the item number, and quantity contained therein. In case of carload lots, the Contractor shall tag the car, stating Contractor's name and purchase order number. Any failure to mark items as required by the instructions will cause the Contractor to bear the risk of any resulting loss of or damage to material, or late delivery or misdelivery of material and any damages resulting therefrom.

Deliveries must be made during LCPS normal business day to a “badge identified” LCPS employee, (Monday to Friday, except holidays, from 8:00 A.M. to 3:30 P.M.) and sufficiently before closing time to permit unloading, inspection, and storage, unless specific arrangements have previously been agreed upon at the delivery point.

The Contractor shall ensure compliance with these instructions for items that are drop-shipped.

Unless otherwise specified in the solicitation all pricing shall be F.O. B. Destination.

30. RESPONSIBILITY FOR SUPPLIES TENDERED-The Contractor shall be responsible for the materials or supplies covered by the contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the

Page 48 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the contractor within ten (10) days after date of notification, the LCPS may return the rejected materials or supplies to the Contractor at Contractor’s risk and expense or dispose of them as its own property.

31. INSPECTIONS-Inspection and acceptance of materials or supplies will be made after delivery at destination herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, LCPS will bear the expense of inspection except for the value of samples used in case of rejection. Final inspection shall be conclusive except in regards to latent defects, fraud, or such gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on LCPS for such materials or supplies as are not in accordance with the specifications.

32. COMPLIANCE-Delivery must be made as ordered and in accordance with the solicitation or as directed by the Purchasing Agent when not in conflict with the bid. The decision of the Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delivery in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Purchasing Agent, such extension applying only to the particular item or shipment affected.

33. DELAY-Should the Contractor be delayed by LCPS, there shall be added to the time of completion a time equal to the period of such delay caused by LCPS. However, the Contractor shall not be entitled to claim damages or extra compensation for such delay or suspension. This provision does not apply to public construction contracts.

34. METHOD AND CONTAINERS-Unless otherwise specified, goods shall be delivered in commercial packages in standard commercial containers, so constructed as to ensure acceptance by common or other carrier for safe transportation to the point of delivery. Containers become property of LCPS unless otherwise specified by bidder.

35. REPLACEMENT-Materials or components that have been rejected by the Purchasing Agent in accordance with the terms of this contract shall be promptly replaced by the Contractor at no cost to LCPS.

36. PACKING SLIPS OR DELIVERY TICKETS-All shipments shall be accompanied by Packing Slips or Delivery Tickets, and shall contain the following information for each item delivered:

(1) The Purchase Order Number (2) The Name of the Article and Supplier's Stock Number (3) The Quantity Ordered (4) The Quantity Shipped (5) The Quantity Back Ordered (6) The Name of the Contractor

Bidders are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods.

Page 49 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services PAYMENTS

37. PAYMENT-Payment shall be made after satisfactory performance of the contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. LCPS reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provisions of the contract or any modifications thereof.

38. PARTIAL PAYMENTS-Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date. However, ten percent (10%) of the value of the entire order may be retained until the completion of the contract.

39. PAYMENTS FOR EQUIPMENT, INSTALLATION, AND TESTING-When equipment involves installation (which shall also be interpreted to mean erection and/or setting upon or placing in position, service or use) and test, and where such installation or testing is delayed, payment may be made on the basis of fifty percent (50%) of the contract price when such equipment is delivered on the site. A further allowance of twenty five percent (25%) may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the Contractor or if the equipment must be installed but testing is not required, payment may be made on the basis of seventy five percent (75%) at the time of delivery and the balance shall be paid after satisfactory test or installation is completed.

40. PAYMENTS TO SUBCONTRACTORS-Within seven (7) days after receipt of amounts paid to the Contractor by LCPS for work performed by subcontractor under that contract, the Contractor shall either (a) pay the subcontractor for the proportionate share of the total payment received from LCPS attributable to the work performed by the subcontractor under that contract; or (b) notify LCPS and subcontractor, in writing, of Contractor's intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. The Contractor must pay interest at the rate of one percent per month unless provided otherwise to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from LCPS for work performed by the subcontractor under that contract, except for amounts withheld as allowed in (b) above. The Contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of LCPS or the School Board.

In order to receive payment, individual Contractors must provide their social security numbers; and proprietorships, partnerships, limited liability companies, and corporations must provide their federal employer identification numbers.

GENERAL

41. GENERAL GUARANTY-Contractor agrees to:

(a) Indemnify and save LCPS, the School Board, its agents, and employees harmless from any claim or liability of any nature or kind for unauthorized use of any copyrighted or uncopyrighted compositions, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract.

Page 50 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services (b) Protect LCPS against latent defective materials or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

(c) Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, to his/her own work or to the work of other contractors, for which his/her workers or those providing work through Contractor are responsible.

(d) Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the United States, State, County, and City.

(e) Protect LCPS from loss or damage to LCPS-owned property while it is in the custody or control of the Contractor.

42. SERVICE CONTRACT GUARANTY-Contractor agrees: (a) To furnish services described in the solicitation at the times and places and in the manner and subject to conditions therein set forth, provided, however, that LCPS may reduce the said service at any time.

(b) To enter upon the performance of services with all due diligence and dispatch; assiduously press to its complete performance and exercise therein the highest degree of skill and competence.

(c) All work performed and services rendered shall strictly conform to all laws, statutes, regulations, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agencies.

(d) Said services may be inspected by an employee of LCPS at any reasonable time and place selected by LCPS. LCPS shall be under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract.

(e) The presence of a LCPS/County/State Inspector shall not lessen the obligation of the Contractor for performance in accordance with the contract requirements or be deemed a defense on the part of the Contractor for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the contract documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material.

43. INDEMNIFICATION-Contractor shall indemnify, keep and save harmless LCPS, the School Board, its agents, officials, employees, and volunteers against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs and expenses, (collectively "Losses") which may or otherwise accrue against LCPS in consequence of the granting of a contract or which may or otherwise result there from, if it shall be determined that the Loss was caused through negligence or omission by the Contractor or its employees, of any subcontractor of Contractor or its employees, if any, or providing goods or services through Contractor, and the Contractor shall, at his/her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith. If any judgment shall be rendered against LCPS in any such action, the Contractor shall at his/her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by Contractor, shall in no way limit the Contractor's responsibility to indemnify, keep

Page 51 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services and save harmless and defend LCPS as herein provided.

44. ETHICS IN PUBLIC CONTRACTING

(a) Each offeror shall certify, upon signing a bid or proposal, that to the best of his/her knowledge no LCPS official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

(b) Whenever there is reason to believe that benefit of the sort described in paragraph “a” has been or will be received in connection with a bid, proposal, or contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, LCPS, as a prerequisite to payment pursuant to the Contractor, or at any time, may require the Contractor to furnish, under oath, answers to any questions related to such possible benefit.

(c) In the event the offeror has knowledge of benefits as outlined above, this information should be submitted with its bid or proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the offeror shall address the disclosure of such facts to: Purchasing Agent, LCPS. The relevant IFB/RFP Number (see cover sheet) should be referenced in the disclosure.

(d) By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered of received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their offer, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

45. COUNTY LICENSE-All firms doing business in Loudoun County are required to be licensed in accordance with the County's Business, Professional, and Occupational Licensing Tax Ordinance. Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL tax should be directed to the Office of the Commissioner of Revenue, phone: 703-777-0260. 46 REGISTERING OF CORPORATIONS-In accordance with the Code of Virginia, any foreign corporation, partnership or limited liability company transacting business in Virginia is required to secure a certificate of authority from the Virginia State Corporation Commission. Contractor shall ensure it is duly registered in Virginia.

47. COVENANT AGAINST CONTINGENT FEES-The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For violation of this warranty, LCPS shall have the right to terminate or suspend this contract without liability to

Page 52 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services LCPS, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission percentage, brokerage, or contingent fee.

48. VIRGINIA FREEDOM OF INFORMATION ACT-All proceedings, records, contacts and other public records relating to procurement transactions shall be open to inspection in accordance with the Virginia Freedom of Information Act, except as provided in Virginia Code § 2.2-4342. Nothing contained in this section shall be construed to require LCPS, when procuring by "competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to LCPS.

49. Notice of Required Disabilities Legislation Compliance-Loudoun County Public Schools is required to comply with state and federal disability legislation: The Rehabilitation Act of 1993, Section 504, The Americans with Disabilities Act (ADA) for 1990 Title II and The with Disabilities Act of 1990.

Specifically, Loudoun County Public Schools, may not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II, of the American with Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, II, and V of Americans with Disabilities Act. The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section. 504.

50. THE AMERICANS WITH DISABILITIES ACT-If, due to a disability, you need assistance to enable you to participate meaningfully in this process, please contact the Purchasing Division at 571-252-1270 at least five (5) working days prior to the opening date of this offer. 51. FAITH-BASED ORGANIZATIONS-Loudoun County Public Schools does not discriminate against faith-based organizations.

52. FEDERAL IMMIGRATION LAW- The contractor 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 the federal Immigration Reform and Control Act of 1986.

CONTRACT REMEDIES

53. APPEAL OF DETERMINATION OF NON-RESPONSIBILITY-See Loudoun County School Board Policy.

54. PROTEST OF AWARD OR DECISION TO AWARD- See Loudoun County School Board Policy.

55. CONTRACTUAL CLAIMS AND DISPUTES-Any dispute concerning a question of fact including claims for money or other relief as the result of a contract with the School Board which is not disposed of by agreement shall be declared by the Superintendent, who shall reduce his decision to writing and forward a copy thereof to the Contractor within (10) ten days. The decision of the Superintendent shall be final and conclusive unless within (10) ten days of receipt of the written decision the Contractor institutes legal action as provided in Page 53 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services Sec. 2.2-4363 of the Code of Virginia. Contractual Claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment or as specified by the contract, whichever comes first; however, written notice of the Contractor’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Pendency of claims shall delay payment of amounts agreed due in the final payment.

56. EXHAUSTION OF ADMINISTRATIVE REMEDIES-No offeror, potential offeror, or Contractor shall institute any legal action against LCPS until all administrative remedies available under the above paragraphs have been exhausted and until all requirements of School Board Policy, and, to the extent applicable, the Virginia Public Procurement Act, have been met.

57. INSPECTION AND REVIEW OF RECORDS-LCPS reserves the right to perform or have performed inspections and reviews of the records of the Contractor for any service contract with LCPS and to have copies made of such records. Contractor shall maintain and preserve all such records, at its own expense, during contract performance and for a period of at least three years after the contract has terminated. At LCPS request at any time during contract performance or within a period of three years after the contract has terminated, the Contractor shall promptly make all records available, at a location within the LCPS, to LCPS, or those retained by LCPS, for inspection, review and copying.

58. COMPETITION INTENDED-Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit offers.

59. DEBARMENT STATUS-By submitting their offers, offerors certify that they are not currently debarred by the Commonwealth of Virginia or the federal government from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

HEALTH AND SAFETY

60. DRUG FREE WORKPLACE-During the performance of the contract, the vendor agrees to (i) provide a drug-free workplace for the vendor'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 vendor’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 on behalf of the vendor that the vendor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor.

61. SAFETY AND HEALTH ISSUES-The vendor shall be responsible for meeting all Federal, State, and local codes pertaining to this contract. No contractor’s employee who has been convicted of a sexually violent offense may be assigned to any work on Loudoun County Public School property.

Page 54 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services 62. MATERIAL SAFETY DATA SHEETS AND AP APPROVED INSTRUCTIONAL ITEMS-By law, Loudoun County Public Schools will not receive any materials, products, or chemicals which may be hazardous to an employee’s or student’s health unless accompanied by a Material Data Sheet when received. Individual schools will not receive any instructional items that are not AP approved and denoted as such.

NOTICE TO ALL BIDDERS

LCPS occasionally experiences problems with vendors who, after being awarded a contract, indicate they have made an error or have some other difficulty and do not intend to honor their bid. For this reason, we want all bidders to be fully aware of the LCPS position with regard to the bidding process and the honoring of bids.

Commonwealth of Virginia statutes require that LCPS go through a prescribed bidding process on all purchases over defined dollar limits. LCPS takes the bidding process seriously, and its intent is to solicit bids that are accurate and that each bidder intends to honor. As a bidder, you are expected to submit bids that are accurate, complete, and contain all terms and conditions which you feel are necessary. If you find changes to your bid are necessary after you have submitted it to LCPS, the following guidelines will control: I. Bids may be changed in any way or withdrawn any time UP TO the time of bid opening.

II. AFTER BID OPENING, bids cannot be changed. If accepted, the bid is considered to be a binding contract that you, as the bidder, will be expected to honor. If for any reason you do not perform the contract, LCPS can be expected to take whatever action it feels is appropriate to either require performance or to recover any losses or increased costs incurred by LCPS as a result of failure to honor the bid.

Page 55 of 61 Loudoun County Public Schools RFP #R21267 - Water Treatment Services