visit our web site at: www.phila.k12.pa.us/purchasing E-mail: [email protected]

Office of Procurement Services School District of Philadelphia Education Center 440 N. Broad Street, Philadelphia, PA 19130 Office: 215.400.4380, Fax: 215.400.4381

INSTRUCTIONS FOR ON-LINE BID PACKAGES Please note that all Advertised Sealed Bids and/or Request for Proposals (RFP's) accessed and printed from this site "must" be mailed to: THE SCHOOL DISTRICT OF PHILADELPHIA PURCHASING DEPARTMENT SEALED BIDS P.O. BOX 8127 PHILADELPHIA, PA 19101-8127 or hand delivered to the Office of Procurement Services located on the 3rd Floor, Portal A at the SDP Education Center, 440 N. Broad Street, Philadelphia, Pennsylvania 19130. Bids sent via non-U.S. Postal Service package delivery services must deliver to and be accepted by the Office of Procurement Services, School District of Philadelphia, Education Center. They may not be submitted via the internet, via e-mail or faxed. The format of the envelope that must be used to mail your completed Advertised Sealed Bid is shown on page ii of each Sealed Advertised Bid Document. Bidders must fill in the Bid number and the due date (from the Bid) in the spaces provided. NOTE: The preferred method of requesting a bid is through our website

NAME OF BIDDER: _________________________________ ADDRESS: _____________________________________ ADDRESS: _____________________________________ ADDRESS: _____________________________________ Bids may be hand delivered to SDP Education Center, 440 N. Broad St, Phila., PA 19130 BID NUMBER _____________________________________ FOR ____________________________________________ DUE DATE: ____________________________UNTIL 11:00 A.M.

THE SCHOOL DISTRICT OF PHILADELPHIA PURCHASING DEPARTMENT SEALED BIDS P.O. BOX 8127 PHILADELPHIA, PA 19101-8127

REQUEST FOR PROPOSAL RFP-321

THE SCHOOL DISTRICT OF PHILADELPHIA

REQUEST FOR PROPOSAL Competitive RFP Number: 321

FACILITIES MANAGEMENT SERVICES Vendor Response Due No Later Than: 11:00AM March 09, 2012 MISSION STATEMENT The Department of Procurement Services assists schools, academic and education support offices in procuring the highest quality goods and services at competitive prices. We are committed to securing these goods and services from reputable and responsible suppliers in accordance with applicable laws of the Commonwealth of Pennsylvania, the policies of the School District of Philadelphia and School Reform Commission. The Department of Procurement Services is committed to ensuring that our business practices are carried out with the highest degree of professional ethics, integrity and competency. We are committed to providing superior customer service; implementing and utilizing best procurement practices; building solid business partner relationships; utilizing latest technological advancements; providing continuing education opportunities to our professional staff; networking with other procurement professionals; and continued advocacy of small business development by increasing the number of minority and women-owned businesses who are awarded contracts with the District. Our mission will be accomplished by members, employees, suppliers and business associates working together in an ethical, efficient, professional and respectful manner.

ISSUED BY: John Venti Interim Director Office of Procurement Services School District of Philadelphia, Education Center 440 N. Broad Street, Third Floor Philadelphia, Pennsylvania 19130 215.400.4380 (office) 215.400.4381 (facsimile) www.philasd.org/purchasing

ISSUE DATE: February 10, 2012

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REQUEST FOR PROPOSAL RFP-321 TABLE OF CONTENTS I.

SUMMARY

4

II.

BACKGROUND AND PURPOSE FOR PROPOSALS

5

III.

ANTI-DISCRIMINATION POLICY

7

A.

8

Procedures for Implementation

IV.

RANGE OF PARTICIPATION

9

V.

SCOPE OF SERVICES

10

VI.

REQUIREMENTS FOR VENDORS

15

VII.

GENERAL REQUIREMENTS

16

VIII.

STRUCTURE OF SERVICES

23

IX.

MAINTENANCE REQUIREMENTS

25

X.

GROUNDS-KEEPING REQUIREMENTS

27

XI.

REPORTING/RECORD KEEPING

28

XII.

LIQUIDATED DAMAGES

28

XIII.

GENERAL INSTRUCTIONS AND INFORMATION

30

A. B. C. D. E. F. G. H. I. J. K. L. M. N. O.

30 30 31 31 32 32 33 33 33 33 34 34 34 34 34

Schedule of Events Vendor Conference Proposal Inquiries Proposal Submission Proposal Terms Proposal Format and Content Interviews and Negotiations Formal Contract Required Public Disclosure Oral Presentation Vendor Responsibility Non-Commitment RFP Non-Deviation Reservation of Rights City of Philadelphia Tax Requirements

XIV.

PERFORMANCE BOND AND PAYMENT BOND

35

XV.

EVALUATION PROCESS, CRITERIA AND SELECTION

36

A. B. C.

36 36 37

Proposal Evaluation Evaluation Criteria Proposal Rejection

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REQUEST FOR PROPOSAL RFP-321 APPENDIX A. B. C. D. E. F. G. H. I. J. K. L.

STANDARD TERMS AND CONDITIONS M/WBE PARTICIPATION PLAN EQUAL OPPORTUNITY: NON-DISCRIMINATION IN HIRING NON-DISCRIMINATING CONTRACTS INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT/ NON-COLLUSION AFFIDAVIT SIGNATURE PAGE VENDOR ACKNOWLEDGEMENT/VENDOR CONFERENCE COOPERATIVE PURCHASING PROGRAM: INTERGOVERNMENTAL COOPERATIVE PURCHASING VENDOR CODE OF ETHICS APPA CLEANING FREQUENCIES AND STANDARDS PERFORMANCE AND PAYMENT BONDS SAMPLE OF DETAILED SCOPE OF SERVICES AND FREQUENCIES SAMPLE UPDATED PRICE PROPOSAL FORM

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38 51 56 57 58 59 60 61 62 63 72 73 74

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REQUEST FOR PROPOSAL RFP-321

I.

SUMMARY

This document is a Request for Proposal (RFP) to source Facilities Management Services, for schools and facilities under the auspices of the School District of Philadelphia (“School District,” “District,” “SDP”), to a selected proposer/s. The scope of Facilities Management Services, and therefore this RFP, is to provide the services of a professional facilities management firm to operate, manage and maintain a number of SDP facilities. The School District of Philadelphia is seeking proposals from vendors that are eligible to become a provider for Facilities Management Services for the facilities identified in this RFP. Contracts will be awarded to vendors offering the best innovative, cost-effective management solutions, while meeting the qualification requirements. Awards will be made by regional clusters. The clusters are found in the School Name, Region, and Address Attachment. Proposers are asked to offer a discount structure of their choosing that will apply to all clusters awarded to them. Service Providers do not have to submit proposals for every cluster to be considered for award. However, Service Providers must submit a proposal for every facility in a cluster to be considered for that cluster award. While proposers may bid on all clusters, the District reserves the right to limit the number of clusters awarded to a vendor. Proposers must demonstrate, to the satisfaction of the School District that the company has the financial and operational capacity to service the number of clusters they propose. The School District can request any reasonable information or documentation from the bidder that is deemed adequate and necessary to make that determination. The District will determine which clusters will be awarded to the most qualified proposer based upon the overall best interest of the District and according to the scoring matrix described in this RFP. The Service Provider shall be fully responsible for Facilities Management Services of the properties awarded to them, as identified in this RFP. All facilities the SDP has identified for this RFP are located within the borders of the City of Philadelphia. This RFP anticipates awarding approximately 400 buildings, comprising 10 million square feet of space. The District reserves the right to add or remove any additional or existing buildings at any time with sufficient written notice to the Service Provider. We ask that vendors download solicitations from our website. In the event there is an amendment, we will notify vendors. Instructions for Submitting Proposal to this Request for Proposal: Included in later pages of this RFP are instructions for the process to respond to this RFP, submission requirements, and evaluation criteria. This Section also contains a checklist, which the Proposer should use to ensure they have received and will be providing all the required forms and responses to be considered for the Facilities Management Services Solution. Profile of the Scope of Services for the Facilities Management Services Solution: The School District of Philadelphia is seeking an experienced supplier who understands District-wide needs and possesses the capabilities necessary to meet all requirements. All Proposals, including specific recommendations for providing an effective service solution, should be based on the School District of Philadelphia’s Scope of Services as defined in this document. Evaluation questions related to Proposer’s core value-add capabilities: The School District of Philadelphia is seeking to engage industry-leading suppliers who have the proven and evidenced ability to handle large accounts and manage the coordination of many tasks and subcontractors (if need be). In addition, the School District of Philadelphia is seeking to gather in-depth information about all potential suppliers’ capabilities, credentials, and strengths. This information is gathered via an attachment to this RFP, which is discussed in more detail later in this document. Templates for pricing of Facilities Management Services Solution requirements: The selected Proposer must have the ability to partner with the School District of Philadelphia to meet the anticipated volume of building management and service needs noted in this document, as well as offer significant

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REQUEST FOR PROPOSAL RFP-321 overall savings. Service Provider costs are collected via another attachment to this RFP, which is discussed in more detail later in this document. The awarded Proposer/s will be referred to as Service Provider/s for the remainder of the document, which means the party that is awarded a contract is the Prime Service Provider with the sole Contractual relationship with the SDP for the provisioning of Facilities Management Services. The scope of the Facilities Management Services Solution is more thoroughly defined in The Detailed Scope of Services attachment in this word document. The Facilities Management Services Solution (“Solution”) is the response requested by Proposers to satisfy the requirements and needs defined in this RFP relating to Facilities Management Services at the School District of Philadelphia.

II. BACKGROUND AND PURPOSE OF THE REQUEST FOR PROPOSALS The School District of Philadelphia is the administrative entity for the Philadelphia Public School System. The SDP provides services for roughly 150,000 Pre-K to 12th Grade students. The SDP currently manages and operates more than 400 buildings, approximately 250 of which are schools. The School District of Philadelphia headquarters is located at 440 N. Broad Street, Philadelphia, PA 19130. The Department of Facilities is dedicated to providing a safe, comfortable, and clean setting that is conducive to the education and nurturing of our children in the most economic and efficient manner possible. To accomplish this, Facilities employs a staff of mechanics, Custodian Engineers, Building Engineers, custodial assistants and others with administrative or technical expertise in fields such as facilities management, engineering, environmental health and safety, administration, accounting, construction, planning and project management. The Department of School Facilities oversees and manages all aspects of operation and maintenance required in SDP buildings. The School District of Philadelphia has been under increasing pressures to control both school spending and administrative costs. As a result, the leadership of the School District of Philadelphia is encouraging more disciplined spending through budget reductions and streamlined processes. Pursuant to these actions, the SDP is examining all possible methods to deliver both immediate and sustained cost savings in several key areas, with building maintenance services being one of the most critical. SDP is seeking greater operational efficiencies and reduced costs through innovative building management solutions. At this time, The School District of Philadelphia is strategically sourcing Facilities services, and will give due consideration to proposals that succinctly and clearly identify and quantify more efficient means to provide Facilities services in our buildings. One primary goal of this initiative seeks to generate and reinvest savings gleaned from these building management solutions identified in the proposals, back into our schools. Identify and produce both short-term and sustained cost savings for the School District of Philadelphia: The School District of Philadelphia is seeking to further reduce Facilities management services costs, by sourcing the identified buildings in this proposal. This strategy, it is believed, will enable the School District of Philadelphia to obtain significant savings through a volume leverage discount and through standardization of operations. In addition, the School District of Philadelphia is seeking suppliers who can provide exceptional performance and meaningful savings strategies. Simplify building management end-to-end services through Program Management: The School District of Philadelphia seeks to source all of the identified buildings for Facilities management services to Qualified Proposers, offering the best value. The Service Provider (with or without subcontractors) will be required to fulfill all of the program activities relating to Facilities Management Services and manage the entire Contract (and any third-party vendors, if they exist) through effective Program Management. A requirement of Program Management is the Service Provider’s establishment of a Single Point of

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REQUEST FOR PROPOSAL RFP-321 Contact (SPOC) to coordinate and administer the Contract and provide high level interaction with the School District of Philadelphia (detailed in the Scope of Services). Maintain standard levels of cleanliness and maintenance: An important role will be played by the Senior V. P. or his designee of each school in determining whether the Service Provider's performance meets the standards set forth herein, and in setting priorities for the specific needs of the individual schools as set forth in the Annual Maintenance Plan. All buildings shall be maintained at levels which are in compliance with all applicable laws and regulations and on a schedule that will extend the useful life of the equipment (detailed in Scope of Services – Annual Maintenance Plan). The Service Provider must also adhere to the Association of Physical Plant Administrators (APPA) standards of cleanliness, as set forth herein, in all relevant areas of the building. These objectives are based on direct feedback from a variety of entities within the SDP and represent requirements as defined by executive-level direction of the Department of Facilities, the Department of Procurement, and key stakeholders. The purpose of this solicitation is to utilize competition to provide these services by the private sector for the buildings indicated and to determine the efficacy of outsourcing Facilities management services. The use of a request for proposal approach allows the School District of Philadelphia the ability to select Service Providers that can provide the most advantageous mix of quality, professional management, and overall value to the School District of Philadelphia. Additionally, it allows for innovation on the part of the Proposer in providing Facilities management services that exceed the standards of cleanliness and maintenance set forth herein. To become eligible for selection as a Service Provider, Proposers must first meet the minimum qualifications specified herein. After meeting minimum qualifications, final selection/s will be made by a Selection Committee, based on the Proposal ranking/s methodology specified in the criteria contained in this RFP. The School District of Philadelphia is subject to all applicable laws and regulations regarding building maintenance and habitability standards including, but not limited to: Pennsylvania State Education Laws, Clean Air Act, Americans with Disabilities Act and all Local Laws. MINIMUM QUALIFICATIONS All proposals received on or before the Proposal Due Date and Time, at the location specified in the Request for Proposals, will be evaluated to determine whether they meet the following Minimum Qualifications: This section identifies the Minimum Qualifications for proposing Service Providers and requires specific response and affirmation in the proposal. The SDP requires partnering with a vendor team that has a proven track record through demonstrated experience in providing similar Services as listed in the Scope of Services. The Minimum Qualifications of this RFP require that the Proposer and/or its partners must: Conduct Facilities Management Services currently (services described in Section 3 of this RFP) in at least 1 million square feet of properties in a large urban setting, or 5 million square feet of properties nationwide. Has conducted Facilities Management Services (services described in the Scope of Services of this RFP) for at least 3 years immediately preceding submission of proposal. Be financially sound and in good standing. Be authorized to do business in Philadelphia. Preferred:

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REQUEST FOR PROPOSAL RFP-321 Demonstrated experience in managing buildings in a K-12 school district. If proposing as a joint venture: Each party must have conducted their respective Facilities Management Services for at least 3 years immediately preceding submission of proposal. The Combined square footage of properties for which such services are being conducted, must equal or exceed 1 million square feet in properties in a large urban setting or 5 million square feet of properties nationwide. Each party must be financially sound and in good standing. The joint venture must be authorized to do business in Philadelphia. YOUR PROPOSAL MUST CLEARLY EXHIBIT ALL OF THE ABOVE REQUIREMENTS, OR YOUR IT WILL NOT BE CONSIDERED FOR FURTHER EVALUATION.

III.

ANTI-DISCRIMINATION POLICY

It is the policy of the District acting through and by the School Reform Commission (the “SRC”) to ensure equal opportunity in all contracts let by the District (the “Contracts”). In light of this policy, the District has adopted this Anti-discrimination Policy (the “Policy”) which is applicable to all Contracts, including but not limited to, Contracts for the design, development, construction, operation and maintenance of school buildings and other buildings and structures owned, leased or used by the District or its contractors, assignees, lessees and licensees (the “Facilities”); Contracts for professional services and Contracts for the purchase of goods, services, supplies and equipment for the District and the Facilities. The objective of the Policy is the promotion of prime contract and subcontract opportunities for minority and woman-owned business enterprises (“M/W/BEs”) that are approved by the District or they are certified by the Office of Economic Opportunity (“OEO”) of the City of Philadelphia, Southeastern Pennsylvania Transportation Authority (“SEPTA”) or any other certifying agency designated by the District in its discretion. The fundamental requirement of the Policy is that all contractors, vendors and consultants, who contract with the District (the “Contractors”), satisfy the District that they will: (i) not discriminate against any person in regard to race, color, religion, age, national origin, sex, ancestry, handicap or disability; and (ii) provide a full and fair opportunity for the participation of M/W/BEs in Contracts. Contractors must demonstrate that the participation of M/W/BEs is “meaningful and substantial” in all phases of a Contract under criteria adopted by the District. “Meaningful and substantial” shall be interpreted by the District as meaning the range of participation that reflects the availability of bona fide M/W/BEs in the Philadelphia Metropolitan Statistical Area. Participation shall be measured in terms of the actual dollars received by M/W/BEs. “Minority” as used in this Policy, means Black American (all persons having origins in any of the Black African racial groups); Hispanic/Latino American (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin); Asian Pacific Island American (all persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and Native American (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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REQUEST FOR PROPOSAL RFP-321

A.

Procedures for Implementation 1.

Articulation of the Policy, Staffing and Reporting

The Department of General Counsel and Office of Small Business Development will develop language to be included in the RFP which clearly sets forth the objective of the Policy (the “Solicitation Language”). District employees shall include the Solicitation Language in all RFPs. The Policy shall be articulated to the public in general, and to each Contractor, assignee, lessee or licensee doing business with the District. The District may employ additional staff or contract with other public or private entities to assist in the implementation of the Policy. District staff shall provide the SRC with periodic reports on the levels M/W/BE participation in all contracting activities. 2.

Promotion of M/W/BEs

The District recognizes the importance of having meaningful and substantial M/W/BE participation in all Contracts. To that end, the District will take steps to ensure that M/W/BEs are afforded a fair and equal opportunity to participate. Those steps may include but are not limited to: (i) making public contracting opportunities; (ii) advertising in newspapers and periodicals published by community-based organizations and M/W/BEs; and (iii) designing RFP packages in such a way as to promote rather than discourage M/W/BE participation. 3.

Contracting Requirements

Prior to the dissemination of any RFPs or public solicitation (the “Solicitation”), the District shall determine the projected range of M/W/BE participation in the area to be solicited (the “Participation Range”), and may include this information, along with the names and addresses of bona fide M/W/BEs that are available for contracting or joint-venture opportunities with the Solicitation. Each respondent shall be required to submit: (i) a plan with its proposal which meets the Participation Range set forth in the Solicitation and which lists the names, addresses, dollar amounts and scope of work to be performed by M/W/BEs (the “Participation Plan”); or (ii) a brief narrative explaining its reasons for not submitting a Plan which meets the Participation Range set forth in the Solicitation. Submission of the Participation Plan is an element of responsiveness and failure to submit a completed Participation Plan or a narrative explaining the reasons that the Participation Ranges could not be met may result in the rejection of a proposal. If the Participation Range in a proposal meets or exceeds the level determined by the District to be meaningful and substantial, there shall be a presumption of compliance with the Policy. If, however, the proposed Participation Range falls below the level determined by the District to be meaningful and substantial, the respondent must prove to the satisfaction of the District that it did not discriminate in the solicitation of potential subcontractors and/or joint venture partners. 4.

Sanctions

The Participation Plan shall be a part of each Contract between the District and a Contractor and shall be enforceable as any other contractual term or condition. Sanctions for breach of a Participation Plan may include suspension, cancellation of the Contract and/or disbarment from future contracting opportunities with the District.

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REQUEST FOR PROPOSAL RFP-321

IV.

RANGE OF PARTICIPATION

The School District has contracted with MBEC of the City of Philadelphia to establish ranges of participation for RFPs, which serve as a guide in determining each vendor’s responsibility. These ranges represent the percentage of M/WBE participation that should be attained in the available market absent discrimination in the solicitation and selection of these businesses. These ranges are based upon an analysis of factors such as the size and scope of the contract and the availability of certified M/WBE’s to perform various elements of the contract. The M/WBE Participation Plan and corresponding instructions are attached hereto as Exhibit B. The Participation Plan must be carefully reviewed and completed. The submission of a Participation Plan with responses to this RFP is an element of responsiveness. Failure to submit a Participation Form will result in rejection of the RFP. Participation ranges included in this RFP represent the percentage of participation by M/WBE firms that reflect the availability of these firms ready and able to provide the services required by the solicitation. These participation ranges serve exclusively as a guide in determining vendor responsibility. This RFP is issued under the Anti-Discrimination Policy adopted by the School Reform Commission on March 12, 2003. A fundamental requirement of the Policy is that all contractors, vendors and consultants who contract with the District provide a full and fair opportunity for the participation of Minority and Woman-Owned firms (MWBEs) in the performance of the contract. Ranges of participation have been established that represent meaningful and substantial participation for this contract based upon the availability of bona fide MWBE firms in the Philadelphia Metropolitan Statistical Area. The range of participation for this RFP is: M/WBE Range: 40-45% This range of participation may be amended or adjusted. Notification of any change will be announced at the Vendor Conference, if any, the time and date which are included in the RFP package, and posted on the Procurement Services website. All questions about the Anti-Discrimination Policy and compliance requirements should be directed to the Office of Small Business Development at (215) 400-4390.

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REQUEST FOR PROPOSAL RFP-321

V.

SCOPE OF SERVICES

The successful Proposer(s) shall be required to perform all management and associated services as specified in this RFP, including supervision, labor, repairs, parts, tools, materials, supplies and equipment (except as otherwise provided) and shall establish for each identified building, an Annual Maintenance Plan for review and approval by the Senior V. P. of Facilities or his designee to schedule, coordinate and assure effective performance of all services described herein. The Annual Maintenance Plan is inclusive of emergency and critical repairs/maintenance. The Service Provider shall use repair parts, materials and supplies that meet or exceed SDP specifications. The School District of Philadelphia will provide fuel, water, electricity and other utilities. Compliance With Pennsylvania Prevailing Wage Act and Prevailing Regulations Contractor shall comply with all terms and conditions of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq., and the Prevailing Regulations, 34 Pa. Code §9.101 et seq., if applicable to the Contractor on the project. Performance Bond See Exhibits 1 for the Form of Performance Bond. A. Contractor shall provide with its Proposal a Performance Bond covering the faithful performance of the Contract arising under the Contract and inuring to the benefit of all such persons so as to give them a right of action to recover upon said bond. B. The Performance Bond shall be made payable to the School District of Philadelphia, and the bond shall be in the amount of fifty percent (50%) for the Performance Bond amount. Contractor shall acquire the bond at the Contractor’s own expense and in the Contractor’s name. C. In lieu of the Performance Bond, Contractor may submit a cashier’s check or certified check equal to the amount requirement of the Performance Bond or the Payment Bond. D. The bond shall be executed by the Contractor and a licensed surety company acceptable to the School District and legally authorized to do business as a Surety in the Commonwealth of Pennsylvania and listed in the current Commonwealth of Pennsylvania Insurance Department Surety List and the current U.S. Treasury Department Treasury Circular 570. In order to assure proper protection for the School District, only surety companies with current assets in excess of $10 million will be accepted by the School District. A certified and current copy of the Power of Attorney of the attorney-in-fact who executes the bonds on behalf of the surety company shall be affixed to the bonds. E. The Performance Bond and the Payment Bond shall be identical to the forms included with the Request for Proposal, and any other form of bonds shall be rejected by the School District. F. The Pennsylvania statutes of limitation, 42 Pa.C.S.A. §§5523, 5524, 5525 & 5527, and the Pennsylvania statute of repose, 42 Pa.C.S.A. §5536, do not apply to the School District of Philadelphia and its contracts for work or services for its school grounds and buildings and its school construction projects. Performance bonds containing time restrictions on commencement of suit on the bonds shall be rejected by the School District. G. If at any time the School District, for justifiable cause, shall be or become dissatisfied with any surety or sureties then upon the bonds, or said surety or sureties be declared insolvent and ordered liquidated by a court of competent legal jurisdiction, Contractor shall, within five (5) business days after notice from the School District to do so or notice of said court order of insolvency and liquidation, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety company as may be satisfactory to the School District. The premiums on such bond(s) shall be paid by the Contractor. No further payments under the Contract shall be deemed due nor shall be made until the new surety or sureties shall have furnished such acceptable bond(s) to the School District.

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REQUEST FOR PROPOSAL RFP-321 It is the intent of the following specifications that the Service Provider provides all necessary labor and material required to perform the services as set forth in the specifications and in accordance with the Association of Physical Plant Administrators (APPA) standards of cleanliness and maintenance, set forth herein. These specifications shall therefore be referred to as a minimum for, rather than a limitation to, the services required to operate clean and maintain the buildings effectively. The buildings must be staffed to maintain an optimum condition of operations, cleanliness and maintenance. The Senior V. P. of Facilities, or their designee, is authorized to determine whether the Service Provider’s performance meets the standards set forth herein and conform to the annual maintenance plan provisions. Additionally, the Senior V. P. may direct the Service Provider to perform those requirements, as well as set or change priorities to meet the specific needs of the individual schools in accordance with the aforementioned annual maintenance plan of the building. Costs Monthly Fee for Facilities Management Services The School District of Philadelphia will accept monthly payment invoices, in a form to be determined by the District, on the first day of each month to cover basic services to be performed for that month. This payment request represents repetitive monthly cost associated with the “normal hours of operations” as defined in this RFP. Separate monthly invoices for payment will be submitted for “other services” upon completion of the required services. Any adjustments to monthly payment amounts will be accounted for in future monthly payments. The SDP currently requires its Vendors to submit a diskette or e-mail containing invoices supported by hard-copies certifying the services provided. In the future, the District expects to receive invoices through either FTP files or XML format allowing for automated matching and reconciliation. Vendors must be able to provide invoices in any of these formats, which include the same information as stated above as required by the District. The Scope of Services indicates the types of services the Service Provider is to provide, in addition to the services expressly required in this RFP. Frequencies of the tasks detailed in the Scope of Services are recommended by the District and are subject to the discretion of the Service Provider and the District. Using the Pricing Appendix, please provide a detailed cost breakdown of the total fee for the initial contract year and subsequent years for Facilities Management Services. During the term of the contract, the School District of Philadelphia may assign additional school buildings or other facilities which are under the School District of Philadelphia’s control to the Service Provider’s class, under the same cost structure (including proposed discounts) proposed and accepted in this RFP as evidenced by award of contract. For each such school building or facility that is added, the Service Provider shall perform all of the services required under this RFP, and detail all associated costs and staffing plans as required in this RFP. The contract(s) which may result from this RFP are for a five-year term, with the Department’s option to renew for two additional, separate one-year extensions. The SDP reserves the right to renegotiate the FMS contract due to fiscal constraints. Examples of such renegotiation include amending the number of buildings within a particular cluster, or renegotiating pricing for particular buildings within a class. True-Up Process At the end of each quarter, the School District of Philadelphia and its service providers will go through a true-up process to reconcile the payment made and the service provided. The service providers are expected to provide supporting documentation, such as employee payroll data and invoices for the supplies, for reconciliation process. It is a responsibility of a vendor to stay within the

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REQUEST FOR PROPOSAL RFP-321 budgeted amount, and the following month’s invoices will be adjusted based on the findings from the quarterly true-up process. The proposers shall provide recommended methodology for the true-up process in the written proposal. The School District of Philadelphia will share up to 30% of the savings for supplies expenditure reduction at the end of the fiscal year. Work Above the $1000/$2000 Thresholds The Service Provider shall provide all labor and materials necessary and required to perform individual repairs as defined in the Scope of Services of this RFP, including specific repairs described herein. The Scope of Services shall be a guide to, but not be an all-inclusive list of items that the Service Provider shall be required to repair. The Service Provider shall be responsible for performing all repairs of the general construction categories of work where the cost of labor, equipment and materials is $1,000 or less per “individual repair job.” For individual repair jobs above $1,000, the Facilities Management Services Service Provider is still responsible for absorbing at its own cost and expense, the first $1,000 of the repair cost. This dollar threshold, up to which the Service Provider shall be responsible, applies to each individual repair job that may be required for each building, up to $1.00 per square foot per annum. The Service Provider shall also be responsible for performing all repairs to the building's mechanical/electrical equipment and plumbing systems where the cost of labor, equipment and materials is $2000 or less. For individual repair jobs above $2000 in this category the FMS Service Provider is still responsible for absorbing, at its own cost and expense, the first $2000 for the repair. This dollar threshold, up to which the Service Provider shall be responsible, applies to each individual repair job that may be required for each building, or each individual piece of equipment requiring a repair, as appropriate, up to $0.50 per square foot per annum. As part of the Service Provider's responsibility for the overall management and maintenance of the school buildings, the Service Provider shall identify all work that in the Service Provider's professional opinion should be done to maintain the building in accordance with the standards described in this RFP. The Service Provider is responsible for completing any repairs falling within reason, due to normal wear and tear in an urban school district. The School District of Philadelphia may, at its discretion and/or direction, authorize the Service Provider to do repair work that is above the $1,000/$2,000 thresholds, as applicable, for repairs described in this RFP, based on the procedures developed by the Department of Facilities. Under these procedures, the Service Provider shall confer with the Senior V. P. of Facilities or his designee and recommend work to be performed. If the District agrees with the recommendation, it will furnish a detailed Scope of Work. The Service Provider will provide, based solely on the Scope of Services, a detailed proposal containing a description of the method and means to accomplish the work to be performed, the resultant cost factors and an estimated time of completion. The Service Provider’s proposal must include an explanation of how the cost was derived, including a detailed breakdown of labor, (either in-house or subcontractor) i.e. titles, man-hours and rates, material costs and a set management fee associated with the work to be performed. The management fee shall be proposed by the Service Provider. If the work proposed to be performed by the Service Provider is through a subcontractor, SDP must approve the subcontractor prior to commencement of the required work. A list of all potential subcontractors of the Service Provider must be furnished to the District upon notification of the award of contract, and must be reviewed and approved by the District prior to performing any work in a School District of Philadelphia managed facility. Written Approval to proceed with above the threshold work shall

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REQUEST FOR PROPOSAL RFP-321 come directly from the School District of Philadelphia or its representative to the Service Provider. The Service Provider will be paid the cost of the project as detailed in the cost breakdown of the proposal. If in the opinion of the School District of Philadelphia or its representatives, the Service Provider’s cost proposal is excessive, the District reserves the right to utilize its own resources to perform the work. Work above the threshold can only be performed by the Service Provider after the written approval of the School District of Philadelphia or its representative has been obtained. Such work may be performed by the Service Provider or a subcontractor under the direction of the Service Provider, as approved by the School District of Philadelphia or its representative. When work above the threshold has been approved, the Service Provider shall be fully responsible for the planning, coordination and execution of such work. Work above the threshold includes: (1) individual repair jobs for general construction categories of work as described in the detailed Scope of Services, except that the cost of completion is above $1,000 but not exceeding $20,000 and (2) individual repair jobs for mechanical, electrical and plumbing categories of work as described in The detailed Scope of Services where the cost of completion is above $2000 but not exceeding $20,000. Facilities Management Service Providers are responsible for the cost of the first $1000/$2000. However, if the Service Provider can demonstrate and provide substantial cost savings to the Department for these repairs, the responsibility for the first $1000/$2000 in cost of these repairs may be amended downward or waived. Work above the thresholds does not include capital repair work conducted or to be conducted by the Department of Capital Programs, as outlined in the latest approved capital program of the School District of Philadelphia. As indicated in this RFP, where repair work is to be performed by the Department of Capital Programs, the School District of Philadelphia or other contracted vendors of the School District of Philadelphia, the Service Provider's personnel shall fully cooperate with those entities charged with completing the work to facilitate and expedite completion of the work. The Service Provider shall make available such facilities, at times necessary to get the work done. The Service Provider shall notify the Senior Vice President of Facilities or his designee, and make a record of when any such work is commenced. The Service Provider shall follow the development and progress of the work and notify the Senior V. P. of Facilities or his designee when the work is not proceeding on schedule and shall perform such other monitoring functions with respect to such work as may be requested by the Senior V. P. of Facilities or his designee. Emergency work above the threshold may be performed in advance of formal written School District of Philadelphia approval, provided that verbal or email approval by the Senior V. P. of Facilities has been obtained. All emergency work is required to be documented in log books and kept onsite. The repair obligations specified above are limited by the following exceptions: FMS Service Providers are not responsible for the first $1,000/$2,000, as applicable, for new work, alterations, improvements, i.e., work that is not necessitated by a repair (e.g., installing new electrical lines and outlets for a new A/C unit or copier, or for installing new partitions to sub-divide a room). The determination and definition of “new work, alterations, improvements” within this contract is the sole responsibility of the School District of Philadelphia and is binding on the Service Provider. FMS Service Providers are not responsible for the first $1,000/$2000, as applicable, for work resulting from emergencies such as fires, and casualty occurrences when the reason for such work is out of the Service Provider’s control and where the occurrence was not caused by negligence or improper conduct on the part of the Service Provider. In cases of an emergency affecting the operation of a building and its occupants, the FMS Service Provider should immediately notify and receive verbal approval from the Senior V. P. of Facilities or his designee to perform emergency repairs and to secure the building.

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REQUEST FOR PROPOSAL RFP-321 Work Involving Asbestos Containing Material Any and all repairs that involve or have the potential to disturb asbestos containing material will be reported to the Senior V. P. of Facilities or his designee. At such point, the Senior V. P. of Facilities or his designee will coordinate the abatement of such asbestos containing material prior to commencement of the repair work by the Service Provider.

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REQUEST FOR PROPOSAL RFP-321

VI.

REQUIREMENTS FOR VENDORS

This RFP is issued by the Office of Procurement Services and contains the official proposal requirements. This RFP and the contained specifications supersede any previous documentation you may have received from another source. The Office of Procurement Services must issue any changes and/or amendments to this RFP. For your submission to be considered, each of the following are required: RFP proposals must be delivered to the Office of Procurement Services by 11:00 AM EST, March 09, 2012 or they will be deemed non-responsive. Failure to meet this deadline will result in immediate disqualification. Completed M/WBE Participation Plan form with original signatures from all subcontractors. Failure to meet this requirement will result in immediate disqualification. The Office of Procurement Services’ Signature Page must be completed and returned, signed in the space provided by a person who is authorized to legally obligate your organization. Failure to meet this requirement will result in immediate disqualification. Proposals must be delivered in sealed packages and permanently marked as per the requirements in the RFP. Your submission must include an “ORIGINAL” ONE (1) COMPACT DISC and nine (9) “COPIES”, clearly and permanently marked on the cover. Printouts of complete original Addenda (if any issued) in numerical sequence, filled out and signed by a person who is authorized to legally obligate your organization must be attached to the “ORIGINAL” proposal submitted. Contact: David B. Lazarow, CPPB via e-mail at, [email protected], if you need further clarification of these requirements.

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REQUEST FOR PROPOSAL RFP-321

VII.

GENERAL REQUIREMENTS

The Service Provider shall be responsible for operating and maintaining the building(s) at all times and in such manner as to keep it habitable for children, school staff, and others using the building. The Service Provider shall provide professionally qualified resident and resource management in the discharge of its responsibilities. The Service Provider will provide technical and administrative direction, to ensure efficient plant operations and maintenance activities for each facility. Administrative functions include implementation, operations, maintenance and resource management. Service Provider will establish, share and report on Best Practices, Standard Operating Procedures and Key Performance Indicators. The Service Provider will be guided by the highest professional and technical standards to ensure an open, clean, well maintained and functioning school facility. The Service Provider shall make initial and continuing recommendations on a school-by-school basis for improved organizational structure, resource management, operating procedures and cost avoidance or mitigation opportunities. The recommendations will be acted upon only with the Senior V. P. of Facilities' or his designee’s approval. Service Provider shall also make initial and continuing recommendations for improvements as detailed above, on a programmatic scale and provide the leadership necessary for the effective coordination and management of all requisite operations and maintenance efforts. Building Engineer The Building Engineer is critical to the Service Provider's professional management effort. It is important that a close and responsive relationship between the Building Engineer and School Principal be created. The Service Provider must place special emphasis on that relationship and ensure that Building Engineers possess the necessary interpersonal and technical skills required for a given assignment. During hours of duty, the Service Provider/Building Engineer shall devote all effort and attention to the service and care of the school building and its occupants. The Service Provider shall notify the Senior V. P. of Facilities or his designee in advance by telephone of the absence of a Building Engineer stating the cause and probable duration of such absence. In addition, the Service Provider shall provide a suitable replacement until the Building Engineer returns to duty. In the event the Building Engineer is also carrying out the duties of Foreman, Handyman, Cleaner or other similar title in the school, the Service Provider will be responsible for ensuring that all defined tasks for these positions are satisfactorily performed. The Service Provider will designate, for each school facility, one Building Engineer, who is responsible for the site. A Building Engineer may be responsible for multiple sites, with prior District approval, only in instances where such sites are in close proximity to one another and can be managed efficiently. The District reserves sole discretion in granting approval. Building Engineers may or may not be individuals whose other duties require the payment of prevailing wages hereunder. The School District of Philadelphia reserves the right to amend staffing patterns as it deems appropriate, within the identified staffing level contained in the proposal. The Building Engineer must be present at the school building for a minimum of eight hours per day, during occupancy. The Building Engineer shall be available for and respond to emergencies at all other times. Building Engineers may be selected from the current staff of a building with the written approval of the Senior V. P. of Facilities or his designee. The Service Provider shall designate additional personnel to serve as relief engineers on a temporary basis during vacations, illnesses or other approved leave, with the approval of the Senior V. P. of Facilities or his designee. The Service Provider shall not remove or replace the Building Engineer without first discussing the action with and obtaining written approval from the Senior V. P. of Facilities or his designee.

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REQUEST FOR PROPOSAL RFP-321

The Building Engineer is to have extensive knowledge and demonstrated experience in Operating and Maintaining a building, as well as the ability to communicate and build a relationship with the school community. The qualifications of the Building Engineer shall be as follows: A four year high school diploma or its educational equivalent, a valid Driver’s License and for Grade A License Engineer at least two (2) years experience as an assistant engineer or helper, and is recommended or two years of full-time experience operating and maintaining boilers, chillers and similar HVAC equipment. In addition, candidates must meet the following requirements. A. No person shall operate or maintain any steam or high temperature hot water boiler, steam engine, portable or stationary hoisting engine, or refrigeration machinery unless he has obtained a license from the Department of Licenses and Inspections. B. Applicant possess a Grade A – steam boiler, stationary and refrigeration engineer; through the City Of Philadelphia License and Inspections. C. Three years of full-time supervisory experience in building operation and maintenance management, as a superintendent of buildings and grounds, building superintendent, Building Engineer, or custodian. In addition, the District prefers the following qualifications: A. A Black Seal License granted through the Department of Labor and Industry State of New Jersey. B. All licenses shall be conditioned upon continued compliance by the licensee with the applicable provisions of this Chapter and Title. C. Certification from BOMA, BOMI or similar accredited programs as an RPA (Real Property Administrator) or FMA (Facilities Management Administrator), or D. Graduation from an accredited college with a two-year degree in Engineering Technology, Construction Technology, or Facilities and Building Management; or E. Graduation from an accredited college with a four-year degree in a related engineering field All required licenses or certificates must be maintained for the duration of such assignment. It is the Service Provider's responsibility under these specifications to insure that the Building Engineer obtains all the necessary licenses, certificates and permits prior to assuming responsibility for any of the School District of Philadelphia facilities covered by these specifications. Management and Supervision The Service Provider will be responsible for developing plans that cover all aspects of building management, including providing the correct mix of supervisory and support staff for each facility. The Service Provider should provide sufficient detailed plans, on a programmatic and individual basis, to manage the facilities incorporating the following criteria. Overall Program Management – Single Point of Contact: Overall Program Management refers to the Service Provider’s team, including their direct employees and subcontractors, to manage and provide the required Facilities Management Services. The proposed Program Management for any Facilities management services solution must include a senior level manager to liaise and serve as a Single Point of Contact for the SDP. In addition, other key managerial positions, roles and specific duties and responsibilities should be included.

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REQUEST FOR PROPOSAL RFP-321 The SPOC performs the following day-to-day functions: A. Serves as a single source of accountability for all Facility management services; Manages the interaction between the Service Provider and the SDP B. Works closely with the SDP FMS representative on a daily basis and provides facilities analyses across the FMS schools; C. Manages the relationship between the Service Provider and their third-party subcontractors; Coordinates the Services provided by the Service Provider and/or their subcontractors for an efficient and seamless process; D. Coordinates activities between the Facilities management services solution and other relevant projects or vendors managed by the School District of Philadelphia. (Specific projects and contacts will be further discussed during implementation planning meetings); E. Provides written project plans including, but not limited to, viable time-lines with milestones and strategies for the Facility Management Services to be provided; F. Identifies and defines programmatic “Critical Milestones” which will be further developed with and agreed to by the SDP during implementation and planning meetings; G. Incorporates and provides “Key Performance Indicators” for overall program assessment; H. Ensures checks and balances are put in place so that additional cost is not passed on to the School District of Philadelphia. Staffing The Service Provider must provide a staffing plan for their proposed service solutions to the SDP. The proposed plan must address coverage for all buildings as required in the scope of this RFP. A description of any planned employee training programs, if proposed, should also be included. The Staffing Plan must include a detailed staffing plan for weekday occupancy, while schools are in session. Additionally, details for providing services for all other times such as evenings, weekends, holidays and vacation periods must be included. Flexibility for proposing alternative methods of service deliverables, including but not limited to, route and/or specialized night cleaning crews and mechanized cleaning solutions, are allowable. The Service Provider is to clearly specify any alternate cleaning proposals, the associated benefits, as well as the expected cost savings in the Program Plan. Staffing Plans must include an organizational outline and chart, identifying the Service Provider’s chain of command dedicated to this project. Indicate each senior level staff position, as well as any sub-contractors that will provide specific services. Provide a resume for each senior staff member. The Service Provider must provide a precise description of its intended method of operation, which addresses the chain of command, and how it will function and be supported by the Service Provider. The School District of Philadelphia retains the right to approve or disapprove the qualifications and assignments of Building Engineers, Facilities Group Supervisors and other key personnel.

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REQUEST FOR PROPOSAL RFP-321 The SDP will provide on-site workstations which can be used by the Service Provider for communicating with the SDP and specific site management-related activities. If the Service Provider requires the use of its own proprietary software, they shall be responsible for providing their own on-site workstations. Alternatively, the Service Provider may request written SDP approval to install the software, with any required licensing agreement or related support service fees at the sole cost to the Service Provider. The SDP reserves the right to reject such a request. After award of the Contract, the Service Providers will be required to interview, but not necessarily to hire each employee currently engaged in the custodial, engineering, and maintenance departments as detailed in the clusters of schools provided by the Department of Facilities Management and Services. The Service Provider will only be required to hire up to their proposed staffing level. Where the Service Provider hires employees currently engaged in custodial, engineering and maintenance in the school sites covered in this RFP, who are represented by labor unions and enters into an agreement with such labor unions, the Service Provider will agree to be responsible for the costs of liability to such employees for annual leave, sick leave and other forms of authorized leave, during the term of the Contract and any renewal years and shall be entitled to reimbursement by the School District of Philadelphia. This right of reimbursement by the School District of Philadelphia shall include, but not be limited to: Prior to employment, the Service Provider shall present all employees to the District for extensive screening and background checks, to include an FBI fingerprint check, Pennsylvania Criminal Background and Child Abuse checks, and a physician’s note. No custodial employees, including casual, seasonal or other part-time employees, may start work until they have been finger-printed and their criminal record has been checked and cleared by the District. The District shall not be responsible for any fees associated with the screening of employees. All employees’ occupational profiles must be presented to the Senior V. P. of Facilities for review before assignment at any of the District’s facilities. Copies of the custodial employees’ personnel files are to be kept on-site at the school. Employment evaluations will follow the SDP standard operating procedures and adhere to the SDP’s terms of eligibility of employment. The Service Provider and all employees must adhere to all SDP procedures and policies. The Service Provider will specify a uniform dress code for all Service Provider employees. The Service Provider will also provide each employee an Identification Card designating that person as an employee of the Service Provider. The dress code requirement will be subject to approval by the Senior V. P. of Facilities or his designee. The Service Provider must pay special attention to insure that the smaller facilities receive the same attention as the larger facilities in the provision of services hereunder. The Service Provider must propose and utilize an employee time keeping system, which complies with the following requirements: A. There must be a database record (excel, or other software) of time worked for each Service Provider employee working in the building (start time, end time, breaks). B. Electronic time records must be available for inspection by School District of Philadelphia representatives at all times. C. The time keeping system must reflect which Service Provider employees are present in the building at all times including weekends and holidays. D. Service Provider employees shall record the actual times of arrival and departure, as well as records related to lunch, dinner or other approved break periods. E. All un-validated entries and discrepancies of time records (i.e., an employee fails to record an off time at the end of the workday) must be approved by the Building Engineer. F. Annual electronic records of time, i.e. an electronic disk or flash drive, must be available and submitted to the SDP monthly.

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REQUEST FOR PROPOSAL RFP-321 G. Service Provider shall be responsible for all training pertaining to the employee time keeping system. Note: If the Service Provider is selected as a vendor, it may be asked to partner with a time keeping system used by another vendor. This will be determined during the assessment phase, and will be a requirement for any chosen vendor. Likewise, any vendor may be asked to permit utilization of their time keeping system by other chosen vendors. Existing Equipment and Assets Immediately after award of the contract and before the contract period begins, the Service Provider and Senior V. P. of Facilities, or his designee, will review a joint inventory of building material, equipment and assets. The School District of Philadelphia and the selected vendor(s) will review any existing equipment or assets in the SDP, with the intention of leasing or renting usable equipment or assets to the Service Provider. Such equipment, which may include vehicles, mechanical or janitorial tools and equipment, office space, and other related materials, will be utilized by the Service Provider, provided that said equipment or assets is considered to be in working order. Any additional equipment deemed necessary to provide the services specified in the RFP is to be provided by the Service Provider. Ownership and cost of any additional capital equipment shall be proposed by the Service Provider in the program plan. All mechanical equipment and systems in the building must be kept in operation to provide the service for which they were intended, unless specifically altered by direction of the Senior V. P. of Facilities or his designee. Work Quality Assurance, Best Practice and Supervision The Service Provider shall supervise all repair work for which it is responsible and shall cooperate in scheduling such work to minimize disruption to the normal functioning of the school, while keeping instructional space available and service to the children at a maximum. The Service Provider shall provide the Department of Facilities with a report detailing completed repairs and the cost of each repair for each facility on a monthly basis. The Service Provider shall provide these reports in an electronic format through its maintenance management system or Excel. Any required training or system compatibility issues involving interface/integration with SDP’s system, are solely the responsibility of and at cost to the Service Provider. The SDP reserves the right to require the Service Provider to use SDP’s computerized maintenance management system. The District will be responsible for extending connectivity and appropriate training for using the system. The Service Provider shall make every effort to minimize cost and maximize management effectiveness. The Service Provider must prepare, retain and make available facilities management data, to assist the School District of Philadelphia in preparation of its annual budget. The Service Provider shall monitor its expenditures as specified by the School District of Philadelphia, in accordance with District chart of accounts. The Service Provider shall provide Facilities Management Services with a strong focus and continued attention to fiscal responsibilities, which include: A. Increase effectiveness at lower cost through improved management and engineering practices. B. Provide employee training programs to educate the workforce in safe, effective building operations and maintenance programs. C. Establish and enforce procedures necessary for efficient fiscal management of custodial and maintenance equipment and supplies. D. Compliance with School District of Philadelphia fiscal control systems and directives. E. Preparation of cost avoidance strategies for all facets of Facilities Management Services.

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REQUEST FOR PROPOSAL RFP-321 F. Propose a percentage based Shared savings plan realized through cost avoidance or mitigation programs, which directly generate improved and streamlined business processes. G. The Service Provider shall provide professional services and technical resources in support of its performance of the contract as follows: H. The Service Provider shall provide the following written surveys and plans to the Senior V. P. of Facilities or his designee at commencement of the contract and sixty days prior to any renewal: I. Comprehensive building plan which shall include both the operational and maintenance plans for the building. J. Recommended capital improvement plan for each building. Facilities Operations The Service Provider employees' hours, where practical, should be staggered at straight time (while allowing for shift differentials) to ensure proper coverage during the Normal Hours of Operation: Maintenance shifts will be assigned to minimize any impact on the learning environment during the school day. Monday through Friday: During the School year, school buildings need to be prepared for occupancy by 6 a.m., at no additional cost and as required by the school, except on stated holidays declared by the School District of Philadelphia, when declared administrative holidays. If a school starts the instructional day prior to 7:00 AM, the building must be opened ½ hour prior to the start of the regularly scheduled day or recognized activity. Sundays and Holidays: A building check must be performed, at no additional cost. *Note that these specifications are the minimum, and that hours may increase due to building requirements, specifically during heating season, when a particular temperature must be maintained. Mutually acceptable changes to the Normal Hours of Operations that are beneficial to the school, without undue hardship or additional cost to the Service Provider, shall be granted upon request by the Senior V. P. of Facilities or his designee. The Service Provider’s Building Engineer is not required to be present for extra activities after 8:00 PM daily. In the event the Building Engineer will not be present during such activities, the Service Provider and/or Building Engineer is required to provide a suitable substitute who shall carry out the duties and perform the services required of the Building Engineer. Upon such a substitution, notification must be submitted and approved by the Senior V. P. of Facilities or his designee. Facilities Maintenance Services for extended building operation are similar to those required for day school operation. If the Service Provider is required to perform extended coverage (i.e., operating, cleaning, heating, etc., outside of the Normal Hours of Operations), the Service Provider will be duly informed by the Senior V. P. of Facilities or his designee. A Use of Facilities request is a document that authorizes the requester to use the facility. A copy of the approved permit will be provided in advance to the Service Provider detailing the date/s, time/s, space/s to be utilized and any additional specialty services required. It is incumbent on the Service Provider to secure in writing from the Senior V. P. of Facilities or his designee, and the responsible District Office, the required approved permits before extended services are performed. The cost for extended operational coverage shall follow the current SDP authorized extracurricular activities fee schedules and all resultant approved labor charges will be reimbursed to the Service Provider, upon separate application for payment after the activity takes place. The application for payment must be supported by satisfactory proof of the specific extended coverage services rendered.

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REQUEST FOR PROPOSAL RFP-321 Copies of the Use of Facilities request signed by the authorized representative are required in addition to other evidential proof of the additional labor expenses incurred. If a school principal requests that a building be kept open outside of normal hours without first providing an EH-45, the Service Provider/Building Engineer must immediately notify and receive verbal approval from the Senior V. P. of Facilities or his designee. A permit application will still need to be submitted and approved, however expenses incurred by the Service Provider for providing the specific Senior V. P. of Facilities-approved extended services will be paid by the School District of Philadelphia upon receipt of an application for payment noting the prior approval of the Senior V. P. of Facilities or his designee. The Service Provider is expected to prepare the facility for the daily school sessions. Facility Operations tasks involve inspection of the entire facility before and after each occupancy, as well as assuming responsibility for the entire site throughout the day. Examples of the tasks involved are detailed in the Scope of Services. Food Service Equipment General and Preventive Maintenance Background: Food Service Division serves 165,000 breakfasts and lunches daily in 320 pre-plate and full service feeding sites including select charter schools. Dependent on location, onsite commercial kitchen equipment includes: built-in/stand alone refrigeration, various oven combinations, ranges, steamers, griddles, mobile and fixed serving lines, slicers, small appliances and miscellaneous equipment. Amount of equipment on site varies depending on kitchen size, type of operation and daily meal volume. Average age of equipment is 10 to 12 years. Scope of Service: -

Coordinate ongoing assessment, maintenance and improvement of equipment. Inspect, repair and perform equipment preventative maintenance as required. Vendor responsible for purchase and inventory of all replacement parts/ supplies. Analysis as to whether a piece of equipment should be repaired or replaced. If replacement recommended, suggest option best suited to operation and facility. Survey schools for equipment needs and recommend size and type of equipment required and its’ physical location. Assist in training Division staff on correct use, care and cleaning of equipment.

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REQUEST FOR PROPOSAL RFP-321

VIII.

STRUCTURE OF SERVICES

The structure of the Facilities Management Services will be a three-part module-based system. The three different aspects, detailed below, can potentially be administered together, but must be priced individually. Each category will have oversight from District managers. Category Tasks Standards and Procedures

Custodial Cleaning Pest Control

Maintenance Engineering Preventative Maintenance Emergency Repairs

Grounds Fields Snow Removal Grounds-keeping

APPA Standards & Custodial SoS District’s IPM

Maintenance Scope of Services

Grounds Scope of Services

Each potential vendor must develop pricing for each category, based on the Pricing Template included in the attachment Updated Price Proposal Form. The District retains the right to select any category of services from any vendor, as well as any combination of categories. Given the interacting components of these three categories, vendors who are awarded all three categories in a given cluster may be asked to offer a discount, based on efficiencies made possible by management of all categories. Work Order / Asset Management / Time Attendance System The School District of Philadelphia appreciates the vendor’s expertise and capabilities and does not intend to write a detailed specification to address every programming need for a Work Order / Asset Management / Time Attendance System. The proposers are expected to provide written proposals to provide hardware, software and professional services with the following minimum required capabilities: A. Work Order Management and Estimating / Scheduling Functionality B. Work-flow (sequence of events including, but not limited to request, approval, notification, and status update) Management Capability C. Preventive Maintenance Management D. Tracking time and attendance of all contracted employees E. Real Time Visibility of Contracted Employees at each service location F. Asset / Inventory Management G. Report Writing H. Key Performance Measure Tracking I. Capability for customers to generate Service Tickets and tracking the progress The School District of Philadelphia will select and implement one Work Order / Asset Management / Time Attendance System. The new system will be the property of the School District of Philadelphia, and all service providers will be expected to use the single system that the District selects.

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REQUEST FOR PROPOSAL RFP-321 Custodial Requirements The Service Provider shall keep all buildings and grounds neat, clean and orderly at all times. All cleaning supplies are to be procured and supplied by the Service Provider. All such supplies shall meet or exceed the District’s specifications, including but not limited to Green Seal, Eco Logo or equivalent approved products. One of the Service Provider's primary responsibilities is to have a clean building. The Service Provider is expected to maintain specific APPA levels of cleanliness for each type of designated space within a school building, as specified in the APPA Standards appendix. This appendix indicates typical spaces within a facility, the equipment found within the space and the required APPA level of cleanliness to be maintained. Recommended frequencies for cleaning and maintaining the required standards are further detailed in Daily, Weekly, Monthly and Annual cleaning requirements. These cleaning specifications are meant to recommend the minimum work that is necessary for maintaining the specified level of cleanliness; however, these standards are not meant to limit the expected types or frequencies required for a given facility as determined by the Senior V. P. of Facilities or his designee. The Service Provider shall keep clean, and white washed or painted as far as practical, all service spaces such as boiler rooms, fan rooms, tank rooms and machinery rooms. Cellars or basements must be kept in neat and tidy condition with all unused equipment and materials stored in an orderly manner. The Service Provider shall take care of the building and equipment so that they present the best possible appearance at all times and that the premises shall be clean, healthful and safe for the use of the pupils and teaching staff. The School District of Philadelphia will require and rate the Service Provider on the following APPA levels of cleanliness, dependent of the type of space, as further specified in the APPA Standards Appendix: Level 1 – Orderly Spotlessness A. Floors and base moldings shine and/or are bright and clean; colors are fresh. There is no buildup in corners or along walls. B. All vertical and horizontal surfaces have a freshly cleaned or polished appearance and have no accumulation of dust, dirt, marks, streaks, smudges or fingerprints. C. Washroom and shower tile and fixtures gleam and are odor-free. Supplies are adequate. D. Trash containers and pencil sharpeners are empty, clean and odor-free. Level 2 – Ordinary Tidiness A. Floors and base moldings shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be traces of dirt, dust, stains or streaks that are noticeable upon close observation. B. All vertical and horizontal surfaces are clean, but marks, dust, smudges and fingerprints are noticeable with close observation. C. Washroom and shower tile and fixtures gleam and are odor-free. Supplies are adequate. D. Trash containers and pencil sharpeners are empty, clean and odor-free. Specific tasks and procedures for cleaning are outlined in the detailed Custodial Scope of Services included as an attachment in this RFP. The APPA Standards and Frequencies, which are the minimum requirements for cleaning, are also included. Exterminating

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REQUEST FOR PROPOSAL RFP-321 The Service Provider shall have a licensed exterminating service approved by the School District of Philadelphia or its representative, that provides complete pest control throughout the building on an as needed basis, not less than once a month. The Service Provider shall provide regularly scheduled extermination service throughout the building and on an expedited call service when requested by the Senior V. P. of Facilities or his designee. The Service Provider shall be required to utilize the District’s Integrated Pest Management plan. The Service Provider shall be on the alert to detect any kind of species related to pest control on the school premises. The detailed Scope of Services attachment specifies the minimal services in which treatment will be provided but in no way limits the associated requirements. The Service Provider shall keep a careful record of all spaces where vermin were detected, all visits of the exterminator and spaces serviced. If in the opinion of the School District of Philadelphia or its representative the Service Provider’s cost proposals are excessive, the School District of Philadelphia reserves the right to utilize its own resources to perform the work at any point during the contract term. If such a case arises, the District shall be entitled to a reduction in the monthly service cost equal to the Service Provider’s extermination fee but in any event, SDP will not be responsible for any costs associated with the particular exterminating work.

IX.

MAINTENANCE REQUIREMENTS

Responsibility for Property The Service Provider will be held accountable for all school property committed to its care and may be required to replace any such property which may be lost or stolen due to Service Provider negligence. The Service Provider will be responsible for the replacement of any property damaged or destroyed through its negligence. Details on the property oversight requirements can be found in the detailed Scope of Services. Receiving Supplies All packages, containers, etc., must be checked with those listed on the bill of laden, envelope delivery receipt, or other receipt presented by the person making the delivery, and the itemized delivery notices turned over to the school clerk, or other person as directed by the Principal. The Service Provider will be held responsible for the safe storage of these supplies until they are turned over to the representative authorized by the Principal. Development of Annual Maintenance Plan The Service Provider’s general maintenance responsibilities require planning for scheduled and corrective maintenance and repairs to ensure a safe and clean environment. The Service Provider will submit for each facility under its charge, an Annual Maintenance Plan for approval by the Senior V. P. of Facilities or his designee. Within the scope of maintenance, equipment and structures includes electrical/mechanical equipment, plumbing systems and buildings, appurtenances and contiguous grounds and equipment. Below are some typical types of maintenance tasks required by the District to assure that equipment, structures and surrounding areas meet the expected life under normal circumstances. For a detailed description and recommended frequencies of the expected maintenance tasks refer to the Scope of Services. Corrective Maintenance The Service Provider will develop and implement an annual corrective maintenance program, tied to the Annual Maintenance Plan, to both initiate corrective maintenance and to respond to user

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REQUEST FOR PROPOSAL RFP-321 initiated maintenance requests. This program shall include a repair request system with provisions for prioritization of requests and feedback to the initiator in regard to scheduled repair time. Equipment and structural deficiencies which threaten the safety of building occupants or the primary academic mission of the School shall be responded to on an emergency basis. SDP reserves the right to require the Service Provider to use the School District of Philadelphia’s computerized maintenance management system. SDP will be responsible for extending connectivity and the training for using any such system. The District reserves the right to utilize its own resources to perform this work at any point during the contract term. If such a case arises, the District shall be entitled to a reduction in the monthly service cost equal to the Service Provider’s detailed Corrective Maintenance cost on a monthly basis but in any event, the District shall not be responsible for any costs associated with the particular corrective maintenance work. Preventative Maintenance The Service Provider will develop and implement, at the discretion of the District, an annual preventative maintenance schedule designed to maintain equipment and structures in normal operating condition and to assure they achieve their expected useful life. Preventative maintenance procedures and task frequencies shall meet or exceed minimum regulatory agency, manufacturer’s requirements and SDP standard operating procedures. Information and schedules which are used to implement the preventative maintenance schedule will be provided to the School District of Philadelphia. In connection with this requirement, The SDP reserves the right to require the Service Provider to use the SDP’s computerized maintenance management system. The SDP will be responsible for extending connectivity and the training for using any such system. The Service Provider is required to detail the cost, in terms of labor and material, of providing preventive maintenance services, separate and aside from all other costs associated with this proposal. The District reserves the right to utilize its own resources to perform this work at any point during the contract term. If such a case arises, the District shall be entitled to a reduction in the monthly service cost equal to the Service Provider’s detailed Preventative Maintenance cost on a monthly basis but in any event, the District shall not be responsible for any costs associated with the particular preventive maintenance work. Fire and Life Safety Services The Service Provider shall exercise care and vigilance for the prevention of fires or accidents in the building and shall have established procedures for the Service Provider responsibilities in handling incidents. The Service Provider shall instruct and supervise the Service Provider's employees and school personnel in a safety program. The Service Provider shall correct any condition of the building, grounds, or equipment, which is hazardous, or, if the Service Provider cannot correct it immediately, the Service Provider shall report the condition to the Senior V. P. of Facilities or his designee. The Service Provider shall take any necessary precautions by covering, roping off, barricading, etc., to temporarily safeguard hazardous conditions. The Service Provider’s Fire and Life Safety Services plan is required to include but not limited to the following general requirements: A. Compliance with all PFD requirements B. Compliance with all SDP requirements Further requirements are specified in the detailed Maintenance Scope of Services. A. B. C. D.

Maintain and keep current the building fire safety log. Fire prevention safety for passages, encumbrances and stored combustibles. Accessibility of Fire extinguishers including; inspecting and recharging as needed. Written detailed employee duties as related to Fire and Life safety.

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REQUEST FOR PROPOSAL RFP-321 E. Logistical and evacuation plans in case of a fire emergency. F. Fire Drills. G. Formal Training programs with expected cost avoidances derived from such training. Miscellaneous Duties Miscellaneous requirements include displaying the flag, trash removal, hazardous materials and solid waste disposal, recycling, responsibility of provisions, and other minor tasks required daily or as necessary throughout the facility. For examples of tasks, refer to the Scope of Services. Safety Requirements Any building maintenance performed by the Service Provider shall meet, at a minimum, OSHA workplace safety requirements, as well as all local, state and federal requirements. Demand Response The Demand Response program is a PJM-sponsored program that offers financial incentives to electricity users to reduce their electricity demand in response to a utility’s need for power due to high and/or system-wide demand for electricity or emergencies that could affect the balance of electricity supply and demand. The School District of Philadelphia participates in Demand Response Program at 100 school locations throughout the District. The Engineering and Maintenance service provider must be able to drop their electricity load by the requested amount with 2 hours notice when PJM calls an event. See appendix for the list of schools. Gas Operations: IT Accounts The School District of Philadelphia currently has 61 schools that have duel fuel (Heating Oil and Interruptible Natural Gas) services and the District is continuously investing resources to convert oil burning schools into duel fuel schools. The Service providers shall follow a standard duel fuel operational procedures to operate and up-keep the system.

X.

GROUNDS-KEEPING REQUIREMENTS

The vendor will be required to provide leaf removal, landscaping, planting and snow removal services. In order to satisfy the requirements of grounds-keeping, the vendor must engage staff in providing the following services: A. Cleans, repairs, and services all equipment used in grounds maintenance such as mowers, tractor/trailers, dump trucks, front-end loaders, high-lift fork trucks, wood chippers, snow plows, salt spreaders, and a variety of hand/power tools. B. Plants and trims lawns, trees, bushes, hedges, and shrubs using hand tools or motorized vehicles. C. Landscapes new ground areas, repairs damaged ground areas, replaces bushes, hedges, shrubs, and trees.

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REQUEST FOR PROPOSAL RFP-321 D. Applies herbicide and pesticide chemicals to grounds, trees, bushes, shrubs, and lawns in order to control plant diseases and insects. E. Removes snow from sidewalks and parking lots, and spreads salt on sidewalks and parking lots during icy conditions. F. Orders supplies for all aspects of grounds-keeping; e.g., equipment parts, blades, herbicides, pesticides, flowers, bushes, or trees. G. Drives vehicles such as a car, truck, or van to pick up other workers, supplies and materials. H. Mow, trim, rake, edge, aerate, and water grass. I. Pick up and dispose of litter and other debris from assigned grounds area. J. Top dress, seed, and sod lawns. K. Weed, till, edge, and mulch where needed. L. Plant and prune trees and shrubs. M. Plant and maintain flower beds. N. Apply fertilizers, herbicides, insecticides, and/or fungicides, as directed. O. Install and maintain irrigation systems. P. Plow, brush, and shovel snow from roads, walks, steps, and parking lots, and spread sand and salt, as required. Q. Use and operate a variety of grounds-keeping equipment, such as riding and push mowers, rakes, Edging tools, shears, manual and power saws, snow blowers, front-end loaders, chainsaws, snow Plows, fork-lifts, boom trucks, scissors lift, tractors, dump/pickup trucks, cherry picker, or hydraulic Bucket lift. R. Operate equipment and tools according to safety guidelines. S. Inspect, clean, and perform routine maintenance on grounds-keeping equipment. T. Keep records of grounds-keeping activities. U. Assist with other projects, such as installing and repairing signs, fences, and bike racks; laying blacktop and concrete; and moving furniture and equipment. V. Assist other grounds-keeping and agency staff, as needed. W. Perform other duties as assigned by Grounds Supervisor or Grounds Crew Chief. X. May direct limited term employees, student workers, inmates, and/or other workers assisting with grounds-keeping work. Y. Prepare and maintain sports practice and playing fields. Specific tasks and frequencies are described in the detailed Scope of Services attachment.

XI.

REPORTING/RECORD-KEEPING

All Service Provider maintenance schedules, repair plans and site records shall be provided to the Senior V. P. of Facilities or his designee and become the property of the School District of Philadelphia. All reports must be submitted promptly on the dates or at the time specified. Reporting dates are subject to change by written notice. In addition to providing timely reports, Service Providers are required to maintain files, logbooks and building plans onsite. Building Engineers are required to respond to all SDP building surveys. The detailed Scope of Services provides a list of the District’s reporting and records keeping minimum requirements.

XII.

LIQUIDATED DAMAGES

Verbal Warning – First Occurrence Senior V. P. of Facilities or his designee will verbally notify the Contractor’s Building Engineer of significant deficiencies, and request correction of such deficiencies in a 24 hour time period, where

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REQUEST FOR PROPOSAL RFP-321 applicable. In other instances, where applicable, deductions can be taken immediately as indicated below, without the necessity of a verbal warning. Notification – Second Occurrence If the Senior V. P. of Facilities or his designee observes the same deficiency on a follow-up visit he/she will enter all appropriate information into the school logbook and begin assessing the following deductions based upon the Contractors’ failure to meet the requirements in the Specifications. Failure to Open Building $500/per hour-max $5,000/day (Immediate Deduction) Failure to Provide Required/Qualified Personnel All maintenance staff shall be licensed as required by the City of Philadelphia, Licenses and Inspections, and must abide by any state and federal guidelines, including but not limited to the following: $500/per occurrence – for failure to perform required security clearance procedures per employee. $50/hour – max $500/day for no Building Engineer (Immediate Deduction) $2,000/day for no Refrigeration License $2,000/day for no Stationary A Engineer License Failure to provide any required certificates in any of the following will result in a fine of $200 per day, in addition to any fines levied by any local, state or federal authority being paid by the Service Provider: A. B. C. D. E. F. G. H. I. J. K. L.

Fire alarm Emergency Lighting Emergency Generator Kitchen Fire suppression Wet standpipe Dry standpipe Sprinkler Fire pump Backflow preventer Elevator visual and weight testing Boiler inspections Pressure vessels

Failure to Provide Heat/Hot Water or Air Conditioning $200/hour- max $2,000/day (Immediate Deduction) Unless mechanical failure is due to reasonably uncontrollable or unforeseen circumstances as determined by the Senior V. P. of Facilities or his designee. Failure to Remove Snow $200/hour-max $2,000/day (Immediate Deduction) Failure to Provide an Operable Fire Alarm System $100/hour – max $1,200/day (Immediate Deduction); provided, however, if:

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The Contractor can substantiate to the satisfaction of the Senior V. P. of Facilities or his designee that work is in progress or scheduled and (2) THE CONTRACTOR has posted at its expense, a fire watch during all period(s) the building shall be occupied, the assessment shall be suspended during the progress of the repairs. Contractor shall not be subject to a deduction where a fire alarm system is inoperable due to mechanical failure or loss reasonably beyond Contractor’s control. Failure to Perform Cleaning, Maintenance, Extermination, and Grounds-keeping per the Specifications $200/per occurrence/day Failure to Test and Record Fire Alarm Results, Failure to comply with Fire Extinguisher requirements, Failure to Perform Elevator/Escalator Maintenance and Inspection $500/per occurrence

XIII.

GENERAL INSTRUCTIONS AND INFORMATION

A. Schedule of Events. The following schedule will be adhered to as closely as possible during the evaluation process: Event

B.

Date/Time

Mandatory Vendor Conference

February 22, 2012,10:00 AM EST

Due Date for Submission of Proposals

March 09, 2012, 11:00 AM EST

Oral Presentations

TBD

Anticipated Date of SRC Approval

June 2012

Anticipated Date of Commencement of Services

July 2012

A Mandatory Vendor Conference will be held at the following location: Office of Procurement Services School District of Philadelphia, Education Center 440 N. Broad Street Philadelphia, Pennsylvania 19130 Office: 215.400.4380 WEDNESDAY, FEBRUARY 22, 2012 CONFERENCE ROOM 1075 (FRANKLIN LEARNING CENTER) @ 10:00 AM EST The purpose of the Vendor Conference is to: Discuss M/WBE Participation Requirements. Request clarification of any section of the RFP. Request changes to the RFP for requirements considered so restrictive as to prohibit or discourage responses. Offer suggestions or changes to the RFP that could improve the RFP competition or lower the offered price.

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Review any applicable documentation. TO OBTAIN CD AND EXCEL SPREADSHEETS All written questions received prior to or at the Vendor Conference will be read aloud and will receive oral responses at the conference. Vendors are encouraged to submit written questions by 01:00 PM, Wednesday February 15, 2012 prior to the conference in order to enable the Office of Procurement Services to formulate better Vendor Conference oral responses. No responses will be given prior to the Vendor Conference. Vendors are requested to RSVP via e-mail by the date identified in Section XIII, A: Schedule of Events, indicating the number of individuals who will attend the Mandatory Vendor Conference. Vendors are limited to no more than three (3) representatives. C. Proposal Inquiries. All inquiries concerning this RFP shall be made in writing, citing the RFP title, RFP number, page, section, and paragraph, and shall be submitted to: David B. Lazarow Office of Procurement Services School District of Philadelphia, Education Center 440 N. Broad Street Philadelphia, Pennsylvania 19130 [email protected] D.

Proposal Submission. All proposals in response to this RFP shall be submitted to: Office of Procurement Services School District of Philadelphia, Education Center 440 N. Broad Street, 3rd Floor Philadelphia, Pennsylvania 19130

To be considered timely, proposals must arrive at the Customer Service Desk, Office of Procurement Services Education Center, 3rd Floor Suite 302, Philadelphia PA 19130, by 11:00 AM EST on the Proposal Due Date. Proposals received in the Office of Procurement Services after the specified time will be deemed non-responsive. Failure to meet this deadline will result in immediate disqualification. The District reserves the right to accept proposals received after this date and time in its sole discretion.

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Vendors shall submit one (1) original and nine (9) clearly identified copies of their proposal. The original must be marked “ORIGINAL COPY”. All copies shall be marked as “COPIES,” bound separately, delivered in sealed containers, and permanently marked with the RFP identification number. Respondents may submit questions and clarifications regarding this RFP in writing via email to the contact person listed in this RFP. Questions and inquiries must be received 10 business days (Friday, 2-24-12) before the Proposal Due Date in order to be considered by the District. Inquiries received after this date and time will be addressed only if they are deemed by the Office of Procurement Services to be critical to the competitive selection process. Responses to all questions and inquiries received by the District will be provided to all prospective respondents who received the original RFP and to all other organizations who request such responses in writing. From the date of the release of this RFP to the date of authorization to contract, there shall be no communication concerning this RFP between any prospective respondents and/or their agent(s) with any District staff or District representatives except as provided for in the RFP. Communication with District staff or representatives is expressly prohibited. Any communication in violation of this provision will not be binding on the District, and violation of this provision by any prospective respondent and/or its agent shall be grounds for immediate disqualification. E. Proposal Terms. The District requests that each respondent indicate whether they accept or reject the Terms and Conditions attached hereto as Appendix A. The respondent shall state their reasons for such rejection of the District’s Terms and Conditions. The District shall not be liable for any costs associated with the development, preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP. Each prospective respondent responding to this RFP agrees that it will have no claim against the District for any costs or liabilities incurred relating to this RFP. The District reserves the right to supplement, amend or otherwise modify this RFP at any time prior to the selection of a respondent and to enter into contract negotiations. In addition, the District reserves all rights to accept or reject any or all proposals or any part of any proposal submitted in response to this RFP, and to waive any defect or technicality, and to not issue an award to any Respondent, and to cancel this RFP at any time, and to reissue this RFP for any reason, and to advertise for new proposals, or a combination of any or all of the above. F. Proposal Format and Content. To expedite the evaluation of the proposal, the District requires that all Vendors organize their Proposals as described in this section. Proposals must be keyed to this format using the same numbering and headings. Each item must be addressed in the sequence shown below. Further breakdown of this format is permitted if required by the Vendor to present items in a more detailed manner or to enhance the understanding of the proposal. Proposals must be submitted on 8-1/2" x 11" paper. Proposals should be prepared simply and concisely with precise and clear presentations. In addition, it is recommended that vendors submit a copy of their proposal on a diskette in MS Word format. ALL INFORMATION PROVIDED BY THE SDP TO VENDORS IS TO BE CONSIDERED CONFIDENTIAL AND PROPRIETARY INFORMATION AND IS TO BE USED SOLELY FOR RESPONDING TO THIS RFP. SUCH INFORMATION IS NOT TO BE DISCLOSED OR RELEASED OUTSIDE THE VENDOR ORGANIZATION WITHOUT WRITTEN PERMISSION FROM THE SDP. The SDP cannot guarantee the protection of any confidential or proprietary information provided by Vendor. 1. Vendor Organization This section of the proposal shall include the following:

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REQUEST FOR PROPOSAL RFP-321 a. The legal name and ownership of the organization making the proposal and the mailing address of organization headquarters and its telephone number. b. The name and title of the principal of the organization who has the authority to sign the proposal. c. The name and title, address, telephone number of the individual who will be responsible for providing any additional information required and for obtaining necessary corporate or organization approvals. d. Please submit your Federal Tax ID Number. 2. Financial Data The proposal shall include the ownership history and experience of the organization, as well as a proposed budget for this RFP. Proposer shall submit audited financial statements for the past three calendar or fiscal years. 3. Subcontractor Data Identify all subcontractors to be used and describe their specific responsibilities and background of key personnel. The SDP reserves the right to approve or disapprove any subcontractors which vendor engages or plans to engage. G. Interviews and Negotiations. The District reserves the right to request that several or all of the respondents to this RFP give oral presentations and/or answer questions about their proposal after the Proposal Due Date. After the District has reviewed all proposals and interviewed respondents (if applicable), it is expected that the School Reform Commission will authorize the District to contract with one or more organizations. The District may then negotiate with the respondents named in the resolution passed by the School Reform Commission in any manner it deems fit. No respondent shall have any rights against the District arising at any stage of the RFP process from any negotiations that take place. H. Formal Contract Required. A respondent selected to enter into contract negotiations will be expected to enter into a formal written contract with the District that contains the District’s standard terms and conditions. As part of the contract, a respondent will be expected to provide criminal background and child abuse checks for all personnel that will be in direct contact with District students. In addition, a successful respondent will be expected to provide evidence of adequate insurance coverage. It is anticipated that the contract with the successful respondent will run from July 1, 2012 until June 30, 2015 with two (2) one year School District of Philadelphia renewal options. Conditions for payment will be set forth in the final contract. The District reserves the right to extend contracts on a year-to-year basis. I. Public Disclosure. All material received in response to this RFP shall become the property of the SDP and will not be returned to the Vendor. Regardless of the Vendor selected, the SDP reserves the right to use any information presented in a proposal. The information submitted by the Vendor, including statements and letters, shall be subject to public disclosure as required by federal, state and Pennsylvania right-to-know law. Responses to the RFP will be disclosed to Evaluation Committee only. The possible need for negotiations, or for “Best and Final Offers,” and to protect the integrity of the public procurement process precludes general disclosure of this information until after contract award. J. Oral Presentation. Prior to the determination of the award, oral presentations may be required from one or more Vendor to clarify any portion of their response, or to describe how the functional

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REQUEST FOR PROPOSAL RFP-321 requirements will be accomplished. SDP will advise the Vendor as to the time and place for such oral presentations. The Vendor shall be prepared to make the presentation as requested, and should be prepared to discuss all aspects of the proposal in detail. The evaluation process may also include requests for additional information or data if, in the judgment of the SDP, this would aid in preparing a fair and accurate analysis. Anticipated length of the oral presentation will be 30 minutes for presentation and an additional 15 minutes for questions. Vendors must supply an e-mail address and fax number of a contact person so that scheduling of presentations may be made. K. Vendor Responsibility. The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the RFP, their proposal, and any resulting contract. Any subcontracted Vendor shall be subject to approval by the SRC. L.

Non-Commitment. The solicitation of the RFP shall not commit the SDP to award a contract.

M. RFP Non-Deviation. This is an electronic version of a RFP. Any alteration to the text or any file associated with this RFP in any way that could be construed to change the intent of the original document is strictly forbidden. Any changes made to the original document may result in your proposal be considered non-responsive. N. Reservation of Rights. The SDP reserves the rights to supplement, amend, or otherwise modify this RFP at any time before the selection of a qualified Vendor. In addition, the SDP reserves the right to accept or reject, at any time prior to the SDP's section of qualified Vendor in connection with this RFP, any or all proposals or any part of any proposal submitted in response to this RFP and to waive any defect or technicality and to advertise for new proposals where the acceptance, rejection, waiver or advertisement would be in the best interests of the SDP. O. City of Philadelphia Tax Requirements. Any vendor of goods, wares and merchandise, purveyor of services, who has been awarded a contract by the SDP of Philadelphia, will be liable for payment of one or more of the following taxes; Mercantile License Tax, Net Profits Tax, City Wage Tax and General Business Tax. The successful respondent, if not already paying the aforesaid taxes, is required to apply to the Department of Revenue, Room 240, Municipal Services Building, 15th Street and John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19107, for an account number, and to file appropriate business tax returns as provided by law.

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XIV.

PERFORMANCE BOND AND PAYMENT BOND

See Exhibits 1 and 2 for the Form of Performance Bond and the Form of Payment Bond. A. Contractor shall provide with its Proposal a Performance Bond covering the faithful performance of the Contract in accordance with the specifications, conditions and requirements of the Contract and a Payment Bond covering the payment in full for all labor or materials supplied for the work and inuring to the benefit of all such persons so as to give them a right of action to recover upon said bonds. B. The Performance Bond shall be made payable to the School District of Philadelphia, and the Bond shall be in the amount of fifty percent (50%) of the Contract amount for the Performance Bond amount. Contractor shall acquire the Bond at the Contractor’s own expense and in the Contractor’s name. C. The Payment Bond shall be made payable to the School District of Philadelphia, and the Bond shall be in the amount of fifty percent (50%) of the Contract amount for the Payment Bond amount. Contractor shall acquire the Bond at the Contractor’s own expense and in the Contractor’s name. D. In lieu of the Performance Bond and the Payment Bond, Contractor may submit a cashier’s check or certified check equal to the amount requirements of the Performance Bond and the Payment Bond. E. The Bonds shall be executed by the Contractor and a licensed surety company acceptable to the School District and legally authorized to do business as a Surety in the Commonwealth of Pennsylvania and listed in the current Commonwealth of Pennsylvania Insurance Department Surety List and the current U.S. Treasury Department Treasury Circular 570. The amount of the Bonds may not exceed the underwriting limit stated for the surety company on these lists. In order to assure proper protection for the School District, only surety companies with current assets in excess of $10 million will be accepted by the School District. A certified and current copy of the Power of Attorney of the attorney-in-fact who executes the Bonds on behalf of the surety company shall be affixed to the Bonds. F. The Performance Bond and the Payment Bond shall be identical to the forms included with the Request for Proposal, and any other form of bonds shall be rejected by the School District. G. The Proposal shall be deemed to be “non-responsive” if the Proposer fails to provide the Performance Bond and the Payment Bond, or the alternative contract security listed in Paragraph D, that is acceptable to the School District, with the Proposal. H. The Pennsylvania statutes of limitation, 42 Pa.C.S.A. §§5523, 5524, 5525 & 5527, and the Pennsylvania statute of repose, 42 Pa.C.S.A. §5536, do not apply to the School District of Philadelphia and its contracts for work or services for its school grounds and buildings and its school construction projects. Performance bonds containing time restrictions on commencement of suit on the bonds shall be rejected by the School District. I. If at any time the School District, for justifiable cause, shall be or become dissatisfied with any surety or sureties then upon the bonds, or said surety or sureties be declared insolvent and ordered liquidated by a court of competent legal jurisdiction, Contractor shall, within five (5) business days after notice from the School District to do so or notice of said court order of insolvency and liquidation, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety company as may be satisfactory to the School District. The premiums on such bond(s) shall be paid by the Contractor. No further payments under the Contract shall be deemed due nor shall be made until the new surety or sureties shall have furnished such acceptable bond(s) to the School District. J. Any person, partnership, association or corporation furnishing materials or rendering services for this Project may institute an action to recover for the same against the principal of any Payment or Labor and Materialmen's Bond in connection with this Project, as though such person, partnership, association or corporation were named therein, under and subject to the provisions of the Act of Assembly, December 20, 1967, P.L. 869, No. 385, known as the "Public Works Contractors' Bond Law" (8 P.S. §191 et seq.) and the Act of Assembly, May 15, 1998, P.L. 358, No. 57, known as the "Commonwealth Procurement Code", 62 Pa.C.S.A. §903.

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XV.

EVALUATION PROCESS, CRITERIA, AND SELECTION

Proposals submitted in response to this RFP will be evaluated by a committee. The Evaluation Criteria sets forth the specific criteria the District will use to evaluate proposals. The District will consider each measure included in the checklist, but the District may determine the different weights assigned to each measure in its discretion. The respondent(s) selected to provide services will be the qualified respondent(s) whose proposal(s) best fulfill(s) the needs of the District and is (are) most advantageous to the District, as determined in the District’s sole discretion. A. Proposal Evaluation. Scoring will be based on information including, but not limited to, the Vendor’s proposal documents, references, interviews, product demonstrations, and site visits. The evaluation team shall be under no obligation to contact Vendors for clarification of proposals, but it shall reserve the right to do so at any time prior to contract award. B. Evaluation Criteria. Qualified proposals will be evaluated on the basis of the criteria listed below and the ability of the respondent to satisfy the requirements of this request in a cost-effective and efficient manner. Factors to be considered include, but are not limited to, the following: 1. The professional qualifications and experience of the Vendor necessary for providing the Services as outlined herein. 2. Longevity and depth of in-house staff as a service organization. 3. Longevity of business organization. 4. Experience with other contracts in a similar role. 5. Quality of the Implementation Plan. 6. The financial stability of the Vendor. 7. The professional qualifications and experience of assigned personnel including the assigned personnel's ability to perform the work as reflected by technical training and education, general experience and specific experience in providing the required Services. 8. Available staffing of adequate personnel to provide required Services. 9. The past performance of the Vendor on other contracts with the SDP and any other entity in terms of quality of work and compliance with performance schedules. The Evaluation Committee may solicit from previous clients, including the SDP, other government agencies, or any other available sources, relevant information concerning the Vendor's record of past performance. 10. The quality of the responses received from the five (5) references. 11. Acknowledgment to enter into an agreement with the SDP. 12. Submission of all submittal requirements. 13. Compliance with the MWBE goals previously stated in the Specific Terms and Conditions, on page 43, Appendix B: the quality of the proposed M/WBE Plan and the submission of all the required completed documents with your proposal. 14. Legal Actions which may affect performance of the Services required under this RFP.

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15. Compliance with the Insurance Requirements cited herein. 16. Cost Proposal.

C. Proposal Rejection. The SDP reserves the right to reject any and all proposals.

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APPENDIX A: STANDARD TERMS AND CONDITIONS

1.

General Conditions of the Work.

a. Standard of Performance. In carrying out the Work, the Contractor shall exercise the highest degree of competence and diligence exercised by providers in the Contractor’s field. The Contractor shall cooperate with the School District and all other Persons contracting with the School District whose work affects the Contractor’s Work. The Contractor shall perform all Work under this Contract to the satisfaction of the School District. b. Compliance with Applicable Law. The Contractor shall comply with all Applicable Law in connection with this Contract. c. Warranty. To the extent that the Work includes the sale or the furnishing of Materials, the Contractor warrants that the Materials shall be good, free of defects, merchantable and fit for the particular purposes for which the School District intends to use them. d. Contractor Responsibility for Quality of the Work. Payment by the School District or acceptance of the Work, including any Materials, shall not relieve the Contractor of responsibility for the substance and quality of all Materials and Work. Without any additional compensation, the Contractor shall diligently and expeditiously correct any errors, deficiencies or omissions in the Work, including any Materials, and shall remain liable in accordance with this Contract and Applicable Law for all damages to the School District caused by the Contractor or the Work, including any Materials. e. Contractor Staff. The Contractor shall not assign any Person dismissed from School District employment to perform any Work under this Contract. The Contractor shall reassign from any Work any employee within seven (7) days if the Responsible Official notifies the Contractor in writing that, in the opinion of the Responsible Official, the employee is incompetent or incapable of carrying out any part of the Work assigned to such Person. f. Meetings. Upon seventy-two (72) hours prior notice from the School District, the Contractor shall attend any meetings requested by the School District, at a location to be determined by the School District. g. Site License(s). To the extent that Exhibit “A” to this Contract requires the Contractor to carry out any portion of the Work on premises of the School District, the School District, subject to the terms, covenants and conditions set forth in this Contract, hereby grants the Contractor a limited, revocable license to use such School District premises, and only such School District premises, as are expressly provided or by necessary implication required in order for the Contractor to complete the Work in conformity with the requirements of this Contract. The School District shall have the right at any time and for any reason to terminate the foregoing license. The Contractor covenants and agrees to comply with all rules and regulations concerning the use of School District premises imposed by the School District, including but not limited to rules and regulations set by a principal concerning his or her school. The Contractor shall promptly repair any and all damage to School District premises caused by the Contractor or any of the Contractor’s officers, agents, employees or Subcontractors. h. Contract Reporting. The Contractor shall comply promptly with the School District’s reporting requirements for contracts, including electronic or other reporting of Contractor and contract data. 2. Background Checks. In accordance with 24 P.S. § 1-111, as amended, and 23 Pa. C.S.A. §§ 6354-6358, as amended, before starting any Work, the Contractor shall submit to the School District the originals of a current (i.e., processed by the Commonwealth of Pennsylvania within one (1) year prior to the Contractor’s starting Work) criminal history record information report and child abuse history official clearance statement for the Contractor, if the Contractor is an individual, and for each of the Contractor’s and any of its Subcontractor’s employees, officers,

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REQUEST FOR PROPOSAL RFP-321 agents, servants, volunteers or Subcontractors who will have direct contact with children while performing any of the Work. Commonwealth Board of Education regulations define “direct contact”; see 22 Pa. Code § 8.1. Before starting any Work, the Contractor shall submit to the School District the original of a current report of the Federal Bureau of Investigation federal criminal history record information for the Contractor, if the Contractor is an individual, and for each of the Contractor’s and any of its Subcontractor’s employees, officers, agents, servants, volunteers or Subcontractors who will have direct contact with children while performing any of the Work. 3.

Compensation, Invoices.

a. Invoices Exclusive of Taxes. Invoices shall be exclusive of state or local sales, use or gross receipts taxes, and federal excise taxes. The School District’s Pennsylvania Sales Tax Blanket Exemption Number is 7651500-1; its Federal Tax ID Number is 23-6004102; and its Federal Excise Tax Number is 23-63-0021-K. b. Support for Invoices. If the Contractor, after a request by the School District, does not provide evidence satisfactory to the School District supporting any item set forth on an invoice, the School District shall have no liability to make any payment with respect to such an item. If the School District has already made such a payment, the School District may by notice to the Contractor require the Contractor to refund to the School District the amount of any such overpayment, or the School District, at its option, may set off such overpayment against any payments accruing thereafter to the Contractor under this Contract or any other contract between the Parties. 4. Favored Nation. The Contractor shall perform the Work at the lowest price the Contractor charges to other school districts or other governmental entities for like work. If the School District pays a price for the Work in excess of the lowest price the Contractor charges or has recently charged to a governmental entity, in addition to all other remedies, the School District shall have a right, as damages, to a refund equal to the difference between the price charged to the School District and the lowest price the Contractor charges or has recently charged to another governmental entity, together with interest at a rate equal to the prime rate of interest as published from time to time by the Wall Street Journal, plus five percent (5.0%). 5.

Unavailability of Funds, Crossing Fiscal Years.

a. Unavailability of Funds. In the event the School District, in its sole determination, does not or cannot obtain or continue the funding for this Contract from any source or sources at an aggregate level sufficient to allow for payment for the Work, the School District may exercise one of the following alternatives: (1) terminate this Contract effective upon a date specified in a Termination Notice; or (2) continue this Contract by reducing, through written notice to the Contractor, the amount of this Contract and the scope of the Work, consistent with the nature, amount and circumstances of the loss of funding. Any termination or reduction of this Contract pursuant to this subsection shall not affect any obligations or liabilities of either Party accruing prior to such termination or reduction. The School District shall not face any liability or penalty as a result of such termination or reduction of this Contract. b. Crossing Fiscal Years. If the School District will pay any portion of the Compensation in any School District fiscal year subsequent to the current fiscal year (the School District’s fiscal year is July 1 – June 30), the portion of the Compensation that may accrue hereunder in a subsequent fiscal year remains subject to legally mandated budget authorization by the School Reform Commission, or the Board of Education, as the case may be, of the School District, under Applicable Law. If for any reason funds for that portion of the Compensation that may accrue hereunder in a subsequent fiscal year are not continued in any subsequent School District fiscal year, this Contract and the School District’s liability under this Contract shall automatically terminate at the end of the fiscal year for which the School Reform Commission or the Board of Education, as the case may be, authorized funds. 6.

Grant-Funded Contracts; Trust-Funded Contracts.

a. Compliance with Grant. If the School District pays for all or any portion of the Work with funds received by the School District as grants or under other terms and conditions from any source, including the United States of America, the Commonwealth of Pennsylvania, The City of Philadelphia (the “City”), or any department or agency of said governments, or from any public or private charitable trust fund, then the Contractor shall comply with the terms of the applicable grant agreement, contract or trust indenture, as the case may be, in carrying out the

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REQUEST FOR PROPOSAL RFP-321 Work, and the School District shall comply with the terms of said grant agreement, contract or trust indenture, as the case may be, in making any payment or payments hereunder to the Contractor. The Contractor shall not take any action, or omit to act, if such act or omission would cause a breach or default under any such grant agreement, contract or trust indenture. b. Timely Submission of Invoices. If the School District pays any of the Compensation from federal government or Commonwealth of Pennsylvania grant funds, the Contractor shall bill the School District for any outstanding compensation owed to the Contractor within thirty (30) days after the end of the Term (see Section 3 of the Agreement for Services). In the event the Contractor does not bill the School District for the balance of any compensation within said thirty (30) day period, the School District reserves the right to withhold payment of the balance of the Compensation to the Contractor based upon the unavailability of federal government or Commonwealth of Pennsylvania funds, in which event the School District shall have no liability to the Contractor for said balance of the Compensation. 7. Independent Contractor. The School District has engaged the Contractor as an independent contractor to carry out the Work, and neither the Contractor nor any of the Contractor’s agents, employees or Subcontractors shall in any way or for any purpose whatsoever be deemed an agent or employee of the School District. Neither the Contractor nor any of its agents, employees or Subcontractors constitute employees of the School District, and these Persons shall have no right to receive any School District employee benefits, or any other privileges available to School District employees. Neither the Contractor nor its agents, employees or Subcontractors shall represent themselves in any way as agents or employees of the School District, and none of the Contractor, its agents, employees or Subcontractors has any power to legally bind the School District to any third party. 8. Non-Discrimination. The Contractor, for itself, its officers, agents, employees and Subcontractors, covenants and agrees that it shall not discriminate against or intimidate any employee or other Person on account of age, race, color, sex, sexual orientation, handicap, disability, religious creed, ancestry, national origin or Vietnamera or any other veteran status. The School District is an equal opportunity employer under Applicable Law, and requires the same of the Contractor. The School District shall not do business with any Person that unlawfully discriminates on the basis of age, race, color, sex, sexual orientation, handicap, disability, religious creed, ancestry, national origin or Vietnam-era or any other veteran status, or any other impermissible ground in hiring, promotion, subcontracting or procurement practices. The Contractor shall include the first three sentences of this Section 8, with appropriate adjustments for the identity of the parties, in any Subcontracts that it enters into. If the School District has selected the Contractor pursuant to a public solicitation or through a request for proposals (RFP) process and the Contractor submitted a plan describing the participation of minority and women-owned businesses as part of the solicitation or the RFP, then the Contractor shall comply with its participation plan. 9.

Subcontracts.

a. School District Consent Required. The Contractor shall not delegate or enter into any Subcontract for the performance of any of its obligations under this Contract, including any portion of the Work, in whole or in part, without in each instance first giving notice to and obtaining the written consent of the School District, which consent the School District may grant, withhold, condition or delay in its sole discretion. The School District hereby consents to any Subcontract entered into by the Contractor specifically referenced in Exhibit “A”, the Contractor’s Statement of Work, to this Contract. Any Subcontract made in violation of this Section shall be null and void. The School District shall have no obligation to any Subcontractor. Each Subcontract shall contain clauses to the effect that (i) the Subcontractor shall have no recourse to the School District for any payment, or for performance under, such Subcontract; (ii) the Subcontractor consents to any assignment of the Subcontract by the Contractor to the School District, at the School District’s sole option; and (iii) the Contractor shall make payment to any Subcontractor within five (5) business days after receipt of payment from the School District with respect to work properly invoiced by a Subcontractor to the Contractor and reflected in the payment by the School District to the Contractor. b. No Change in the Contractor’s Obligations. The existence of any Subcontract shall not alter or limit the obligations of the Contractor to the School District under this Contract. The Contractor shall at all times remain fully responsible for its Subcontractors, and shall ensure that it legally binds all Subcontractors to the same terms and conditions as the Contractor under this Contract, including without limitation, non-discrimination, warranties,

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REQUEST FOR PROPOSAL RFP-321 confidentiality, maintenance and preservation of records and audit by government representatives. 10. Non-Assignment. The Contractor acknowledges that the Work constitutes personal or professional services, or both, of the Contractor. Except through a Subcontract subject to Section 9 above, the Contractor shall not assign this Contract, or any part of this Contract, nor delegate performance of any part of this Contract, without the prior written consent of the School District, which consent the School District may grant, withhold, condition or delay in its sole discretion. This Contract legally binds the Parties and their respective successors and assigns. Any purported assignment in violation of this provision shall be void and of no effect. The School District’s consent to an assignment shall not release the assignor from any liability accrued or thereafter accruing under this Contract. Any assignment shall be in writing and shall contain an express assumption by the assignee of all liability accrued or thereafter accruing under this Contract. Consent by the School District to any assignment shall not constitute a course of conduct, dealing or performance with respect to any other assignment or proposed assignment. For purposes of this Section 10, an assignment includes the acquisition of the Contractor, or a controlling interest therein, through an asset sale or a corporate or other merger, the appointment of a receiver or bankruptcy trustee for the Contractor, and the transfer of this Contract or the Contractor in any bankruptcy or other insolvency-related proceeding. A receiver or trustee of or for the Contractor in any federal or state bankruptcy, insolvency or other proceeding concerning the Contractor shall comply with the requirements set forth in this Contract, including but not limited to this Section. 11. Audits; Records and Payments. a. Audits. From time to time during the Term of this Contract, and for a period of six (6) years after the expiration or termination of this Contract (see 24 P.S. § 5-518), the School District, the Controller of the City, the Commonwealth of Pennsylvania Auditor General or a department, agency or instrumentality of the United States of America, if the School District funds this Contract with federal funds, or any of their authorized representatives (each, for the purposes of this Section, an “Auditor”) may audit any and all aspects of the Contractor's performance under this Contract, including but not limited to its billings and invoices. If requested by an Auditor or the School District, the Contractor shall submit to the Auditor and the School District for review or inspection, all invoices presented for payment pursuant to this Contract, all cancelled checks, Materials, invoices, vouchers, reports, work product, work papers, books, records and accounts upon which the invoices are based, and any and all documentation and justification in support of expenditures or fees incurred pursuant to this Contract. b. Inspection. The Contractor acknowledges and agrees that any Auditor may inspect or review all of its Work and Materials, and all of its sites, locations and facilities related to its performance under this Contract. Inspection and review of Work and Materials shall take place at the offices of the Contractor in the City, or in another location with the Auditor’s consent. The Contractor shall cooperate with all School District, Commonwealth of Pennsylvania and federal inspections and reviews conducted in accordance with the provisions of this Contract. The scope of such inspection and review of the Work and Materials, and sites, locations and facilities, including, without limitation, programs, lies in the sole discretion of the Auditor. Such inspection or review may include, without limitation, meetings with persons receiving services under this Contract, review of staffing ratios and job descriptions, and meetings with any of the Contractor’s staff members who either directly or indirectly participate or participated in carrying out any of the Work, including preparing, delivering or installing any Materials. c. Availability of Records. The Contractor shall make available, in the City at reasonable times during the Term of this Contract and for the period set forth in Section 11.d. below, all records pertaining to this Contract for the purpose of inspection, audit or reproduction by any Auditor. The Contractor shall provide such records without unreasonable delay when requested by an Auditor. d. Retention of Records. The Contractor shall retain all records, books of account and documentation pertaining to this Contract for the greater of the period required by Applicable Law or six (6) years following expiration or termination of this Contract; if, however, any litigation, claim or audit is commenced prior to expiration of said six (6) year period, then the records shall be retained until all litigation, claims or audit findings have been completely terminated or resolved without right of further appeal. 12. Indemnification; Litigation Cooperation; Notice of Claims.

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REQUEST FOR PROPOSAL RFP-321

a. Indemnification. The Contractor shall indemnify, defend and hold harmless the School District, its officers, employees, agents and the members of the School Reform Commission and the Board of Education, from and against any and all losses, expenses (including, but not limited to, litigation and settlement costs and attorneys’ fees and costs), claims, suits, actions, damages, liability and expenses for or on account of actual or alleged loss of life, bodily injury, personal injury, damage to property, or the use of facilities or equipment furnished to the Contractor that arise out of or are related to the performance or non-performance of the Work by the Contractor or the Contractor’s agents, Subcontractors, assignees, independent contractors, employees or servants. The Contractor shall indemnify, defend and hold harmless the School District, its officers, employees, agents and the members of the School Reform Commission and the Board of Education, from and against any and all losses, expenses (including, but not limited to, litigation and settlement costs and attorneys’ fees and costs), claims, suits, actions, damages, liability and expenses for or on account of actual or alleged violation of any third party’s copyright, trademark, patent, trade secret or other valid proprietary right, employment discrimination, contamination or adverse effects on the environment, intentional acts or omissions, failure to pay any Subcontractors or suppliers or any Event of Default under this Contract or any breach of any Subcontract that arise out of or are related to the performance or non-performance of the Work by the Contractor or the Contractor’s agents, Subcontractors, assignees, independent contractors, employees or servants. b. Indemnification; Contractor’s Employees. This Section 12 protects the School District, its officers, employees, agents and the members of the School Reform Commission and the Board of Education from all claims relating to the Term of this Contract that are asserted by employees, agents or workers of the Contractor or any Subcontractor who are injured on or by School District real property or personal property or who assert an employment claim of any kind (including claims relating to the termination of employment), regardless of when the claim is made. The Parties shall not construe this Section 12 to alter, limit, negate, abridge or otherwise reduce any other right or obligation that would otherwise exist as to any Party or Person described in this Contract. This Section 12 functions independently of the Contractor’s or its Subcontractors insurance or lack thereof, and the Parties do not intend that rights set forth in this Section 12 be deemed limited by the Pennsylvania’s Worker’s Compensation Act. This Section 12 shall apply, particularly, but not exclusively, to the claims of the Contractor and all of its Subcontractors, and all of their respective officers, agents, representatives and employees, against the School District, its officers, employees and agents, and the members of the School Reform Commission and the Board of Education. The Contractor and all of its Subcontractors, and all of their respective officers, agents, representatives and employees, shall have no claim against the School District, its officers, employees and agents and the members of the School Reform Commission and the Board of Education for the acts, failures to act or negligence of the School District, or its officers, employees and members of the School Reform Commission or Board of Education. c. Litigation Cooperation. If at any time, including after the expiration or earlier termination of the Term of this Contract, the School District becomes involved in a dispute or receives notice of a claim, or is involved in litigation concerning the Work and Materials provided under this Contract, the resolution of which requires the services or cooperation of the Contractor, and the Contractor does not otherwise have a duty to indemnify and defend the School District pursuant to the provisions of subsections 12. a. or 12. b. above, the Contractor shall provide such services and shall cooperate with the School District in resolving such claim or litigation as part of the Work and Materials under this Contract. d. Notice of Claims. If the Contractor receives notice of a legal claim against it in connection with or in any way related to this Contract, the Contractor shall (1) submit appropriate written notice of such claim to its insurance carrier within the time frame required for submission of claims by the applicable insurance policy and, (2) within five (5) business days of receipt of notice of the claim, give notice of such claim to the School District. 13. School District Statutory Immunity. Any other term, covenant or condition of this Contract to the contrary notwithstanding, the School District, its officers, employees and agents and the members of the School Reform Commission and the Board of Education, retain their statutory governmental, official and any other immunity provided pursuant to the laws of the Commonwealth of Pennsylvania, including under 42 Pa. C.S.A. §§ 8501 and 8541 et seq., and do not waive the defenses of governmental and official immunity derived from such laws. The School District does not waive for itself or for its officers, employees, agents, or for the members of the School Reform Commission and Board of Education, any other defenses or immunities available to it or any of them.

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REQUEST FOR PROPOSAL RFP-321

14. Insurance. The Contractor shall, at its own expense, procure and maintain the types and minimum limits of insurance specified below covering the performance of the Work. The Contractor shall procure all insurance solely from insurers authorized to do business on an admitted basis in the Commonwealth of Pennsylvania or otherwise acceptable to the School District’s Office of Risk Management. The Contractor shall procure all insurance through an insurance carrier or carriers, each of which shall have at least an A- (Excellent)/FSC-XI rating from A.M. Best. All insurance herein, except the professional liability insurance, shall be written on an “occurrence” basis and not a “claims-made” basis. In no event shall the Contractor commence performing any part of the Work until the Contractor has delivered to the School District the required proof of insurance. The insurer shall provide for at least thirty (30) days prior written notice to the School District in the event the Contractor and its insurer or insurers materially change, cancel or non-renews any insurance policy. The Contractor shall ensure that it names the School District of Philadelphia and its officers, employees and agents shall be named as additional insureds on the general liability insurance policy, and the Contractor shall ensure that its insurer so endorses said policy. The Contractor shall procure and maintain an endorsement or endorsements stating that (i) the coverage afforded the School District and its officers, employees and agents as additional insureds shall be primary to any other coverage available to them, and (ii) no act or omission of the School District or its officers, employees and agents shall invalidate the coverage, other than an act or omission that would constitute willful misconduct or gross negligence. a. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits shall be the statutory limits and employers’ liability insurance, with limits of (1) $100,000 Each Accident–Bodily Injury by Accident; (2) $100,000 Each Employee-Bodily Injury by Disease; and (3) $500,000 Policy Limit-Bodily Injury by Disease. Any other states’ insurance under this subsection shall include Pennsylvania. b. General Liability Insurance. Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability; $1,000,000 advertising injury; $2,000,000 general aggregate and $2,000,000 aggregate for products and completed operations. The general liability insurance shall cover: premises operations; blanket contractual liability, personal injury liability; products and completed operations; independent contractors, employees and volunteers as additional insureds; cross liability; broad form property damage (including completed operations). The School District may require higher limits of liability or aggregate coverages at any time during the Term, if in the School District’s sole discretion, the potential risk warrants it. c. Automobile Liability Insurance. Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability arising from owned, non-owned, and hired vehicles when any motor vehicle is used in connection with the Work. d. Professional Liability Insurance. Limit of Liability: $1,000,000 with a deductible not to exceed $100,000. The professional liability insurance shall cover errors and omissions, including liability assumed under this Contract. The Contractor may permit its insurer to write said coverage on a claims-made basis, provided that coverage for occurrences arising out of the performance of the Work required under the Contract shall be maintained in full force and effect under the policy or “tail” coverage for a period of at least three (3) years after completion of the Work, or providing for an extended reporting period of three (3) years after cancellation of the policy. i. Educator’s Legal Liability Insurance. If the Contractor will have direct contact with children, the Contractor shall procure and maintain educator’s legal liability coverage of $1,000,000 per occurrence combined single limit / $2,000,000 general aggregate coverage. Educator’s Legal Liability Insurance coverage must include coverage for wrongful physical or sexual contact. If the Contractor provides educational services, the Educator’s Legal Liability coverage shall also include educational wrongful acts, employment practices wrongful acts and directors and executive officers wrongful acts. Certificates of Insurance evidencing the required coverages and endorsements providing proof of insurance must specifically reference the School District contract number set forth on the first page of the Agreement for Services (please type this contract number in the ‘Description’ section of the certificate). The Contractor shall deliver the original certificate and endorsements providing proof of insurance to:

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REQUEST FOR PROPOSAL RFP-321 The School District of Philadelphia Office of Risk Management 440 North Broad Street, Third Floor Philadelphia, PA 19130-4015 (215) 400-4590 The Contractor shall deliver the certificate of insurance and endorsements providing proof of insurance to the School District at least ten (10) days before any Work or any renewal Term begins. Under no circumstances shall the Contractor actually begin Work (or continue Work, in the case of renewal) without providing the evidence of insurance. The Contractor shall not self-insure any of the coverages required under this Contract without the prior written consent of the School District’s Office of Risk Management. The School District reserves the right to require the Contractor to provide certified copies of the original policies of all insurance required under this Contract at any time upon ten (10) days written notice to the Contractor. 15. Confidentiality, Student Records. a. Confidential Information. The Contractor shall keep in strict confidence all information acquired in connection with or as a result of this Contract that is not generally known to others (“Confidential Information”). During the Term of this Contract and at any time thereafter, without the prior written consent of the School District, the Contractor shall not disclose or use to its advantage, profit or gain any Confidential Information or information which is subject to a third party’s proprietary right, such as a copyrighted or trademarked work. b. Student Records. The Contractor shall keep in strict confidence as required and to the fullest extent required by any Applicable Law, including but not limited to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”), any and all records and information, in whatever form or format received, pertaining to the School District’s individual students and children, including but not limited to any academic or grade information, attendance, truancy, discipline, receipt of special education services or supplementary educational services, social security or public benefits, or information as to race, ethnicity or disability. The School District shall transmit information or records, or both, protected by FERPA solely to the individual named in Section 7 of the Agreement for Services, and such other duly authorized individuals as the Contractor may specify by notice to the School District (see Section 7 of the Agreement for Services and Section 21 of these Standard Terms and Conditions). c. Publication Rights. With regard to any reports, studies or other works developed in the course of this Contract, or as a result thereof, the Contractor shall not publish Confidential Information or any other information which identifies students, employees or officers of the School District by name without first obtaining written consent from such individuals, or in the case of a student, his or her parent or legal guardian. The Contractor shall provide to the School District for its review any proposed publication, brochure or advertisement in which the School District is named not less than thirty (30) calendar days prior to submission for publication, and the Contractor shall remove the School District’s name or information identifying the School District from the publication if the School District requests removal. The Contractor shall not issue, publish or divulge any Materials developed or used in the performance of this Contract or make any statement to the media relating to the Contract without the prior consent of the School District. 16. Materials, Intellectual Property. a. Computer Programs. The Contractor shall ensure that all of its computer programs, tapes and software developed under this Contract comply with any pertinent specifications or requirements set by the School District. b. License. The Contractor hereby grants, and shall require its Subcontractors, if any, to grant, to the School District the irrevocable royalty-free right to reproduce, distribute copies of, adapt, display, perform, translate, and publish, throughout the universe, in any medium now known or hereafter invented, all Materials and works of authorship, including without limitation studies, media, curricula, and other things of any nature, that are developed pursuant to this Contract.

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REQUEST FOR PROPOSAL RFP-321 17. Conflict of Interest. a. Disclosure of Conflict of Interest. The Contractor represents, warrants and covenants that it has no public or private interest which does or may conflict in any manner with the performance of the Work and that neither it, nor any of its directors, officers, members, partners, employees or Subcontractors, has or shall during the Term acquire, directly or indirectly, any such interest. The Contractor shall promptly and fully disclose to the School District’s Responsible Official all interests which may constitute such a conflict. b. Improper Gift; Improper Relationship. The Contractor represents, warrants and covenants that it has not directly or indirectly offered or given and shall not directly or indirectly offer or give any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value to any School District employee who participated in the decision to authorize or enter into this Contract. The Contractor warrants that, to its knowledge, neither a School District employee or officer who participated in the decision to enter into this Contract, nor any member of the employee’s immediate family, receives more than $1,000 per year from the Contractor, has a direct or indirect investment worth $1,000 or more in the Contractor or is a director, officer, partner, trustee or employee of the Contractor. c. School District Employees Not to Benefit. The Contractor shall not make any payment or give anything of more than nominal value to any School District official or employee except in accordance with Applicable Law and School District policy. The Contractor shall comply with the School District vendor’s Code of Ethics, and also, to the extent applicable, with the School District’s Code of Ethics for School District officers and employees. The Contractor shall disclose to the School District the name of each School District official or employee who receives payment from the Contractor, the amount such official or employee receives and the services rendered by the official or employee in consideration of the payment. 18. Default; Notice and Cure; Remedies. a.

Event of Default. Each of the following constitutes an Event of Default by the Contractor under this Contract:

i. Failure by the Contractor or any Subcontractor to comply with any term, covenant or condition set forth in this Contract. ii. The Contractor’s (a) filing for bankruptcy, (b) making any assignment for the benefit of creditors, (c) consent to the appointment of a trustee or receiver (d) insolvency, as defined by Applicable Law, or (e) the filing of an involuntary petition against the Contractor under the Federal Bankruptcy Code or any similar state or federal law which remains undismissed for a period of forty-five (45) days. iii.

Default under any other agreement the Contractor may have with the School District.

iv. Any material misrepresentation by the Contractor in (A) this Contract, (B) any other document submitted to the School District by the Contractor, or (C) otherwise by the Contractor directly or indirectly to the School District in connection with the School District’s decision to execute, deliver and perform this Contract. v. Failure of the Contractor to provide, within five (5) business days, assurance reasonably acceptable to the School District that it can perform the Work in conformity with the terms of the Contract if (1) the School District has a reasonable basis to believe at any time during the Term of the Contract that Contractor will not be able to perform the Work; and (2) the School District demands in writing assurance of the Contractor’s performance. vi. Misappropriation by the Contractor of any funds provided under this Contract or failure by the Contractor to notify the School District upon discovery of any misappropriation. vii. Indictment of or other issuance of formal criminal charges against the Contractor, or any of its directors, employees, agents or Subcontractors or any of the directors, employees or agents of a Subcontractor or any criminal offense or any other violation of Applicable Law directly relating to this Contract, the Work or the

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REQUEST FOR PROPOSAL RFP-321 Materials, or which adversely affects the Contractor’s performance of this Contract in accordance with its terms, whether or not a court of law or other tribunal ultimately accepts a verdict or plea of guilty or no contest regarding the charged offense. viii. Debarment or suspension of the Contractor or any director, agent, employee or Subcontractor of the Contractor or any Person controlling, under common control with or controlled by the Contractor under a federal, state or local law, rule or regulation. b. Notice and Cure. If the Contractor commits or permits an Event of Default, the School District shall notify the Contractor in writing of its determination that an Event of Default has occurred. The Contractor shall have ten (10) business days from receipt of that notice, or such additional cure period as the School District may authorize in its sole discretion, to correct the Event of Default; provided, however, that no such notice from the School District or period of cure shall be required before invoking the remedies described in subsection 18.c. if: (1) the Contractor has temporarily or permanently ceased performing the Work; (2) an emergency has occurred relating to the Work, and such emergency requires immediate exercise of the School District’s rights or remedies, as determined by the School District in its sole discretion; (3) the School District has previously notified the Contractor more than once in the preceding twelve (12) month period of any Event of Default under this Contract; (4) an Event of Default occurs as described in subsection 18.a. (vi), (vii), or (viii) above; or (5) the Contractor breaches any of its obligations under Sections 2 or 8 of these Standard Terms and Conditions. Nothing contained in this Subsection shall limit the School District’s rights under subsection 18.c. c. Remedies. If the Contractor does not cure the Event of Default within the period allowed by the School District, or if the Contractor commits or permits an Event of Default for which subsection 18.b provides no notice or period of cure, then the School District may, without further notice or demand to the Contractor and without waiving or releasing the Contractor from any of its obligations under this Contract, invoke and pursue any or all of the following remedies: i.

terminate this Contract by giving the Contractor a Termination Notice.

ii. perform (or cause a third party to perform) this Contract, in whole or in part. The Contractor shall be liable to the School District, as damages, for all expenses incurred by the School District (or a third party) pursuant to this subsection 18.c.(ii), together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%). The School District shall not in any event be liable for inconvenience, expense, loss of profits or other damage incurred by the Contractor by reason of the School District’s performance or paying such costs or expenses. iii.

withhold payment of, or offset against, any funds payable to or for the benefit of the

Contractor. iv. collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Contractor. v. any other legal or equitable remedy available to the School District, including but not limited to a legal action for breach and damages against the Contractor. d. Specific Performance. The Work and Materials purchased from the Contractor are unique and not otherwise readily available. Accordingly, the Contractor acknowledges that, in addition to all other remedies to which the School District is entitled, the School District shall have the right to enforce the terms of this Contract by either a decree of specific performance or an injunction, or both, restraining a violation, or attempted or threatened violation, of any provision of this Contract. e. Concurrent Pursuit of Remedies. The School District may exercise any or all of the remedies set forth in this Section 18, each of which may be pursued separately or in conjunction with such other remedies as the School District shall determine. The School District may in its sole discretion elect not to exercise any of the above remedies and may permit the Contractor to continue to perform the Work. No extension or indulgence granted by the School District to the Contractor shall operate as a waiver of any of the School District’s rights in connection

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REQUEST FOR PROPOSAL RFP-321 with this Contract, and the obligations of the Contractor under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 18. 19. Termination for Convenience. The School District may terminate this Contract for its convenience, that is, for any reason or for no reason at all, at any time, at its sole discretion upon fourteen (14) days prior written notice to the Contractor of the School District’s intention to terminate this Contract (a “Termination Notice”) and without penalty, cost or liability to the School District. If the School District terminates this Contract, the School District shall make payment for any Work satisfactorily completed before the effective date of termination, but in no event shall the Contractor have any right to receive costs caused by or related to loss of profits for Work that the Contractor did not perform because of the early termination, or for loss of profits for services the Contractor could have performed for other Persons absent its engagement under this Contract. 20. Contractor Actions upon Termination. Upon receipt of a Termination Notice from the School District, the Contractor shall take immediate action to effect the orderly discontinuation of the Work. The Contractor shall collect, assemble and transmit to the School District, at the Contractor’s sole expense, all Materials developed under this Contract. The Contractor shall clearly label and index to the satisfaction of the School District all such Materials, and shall deliver all such Materials to the School District within thirty calendar (30) days after receipt of a Termination Notice, or in such shorter period as the School District may specify in its Termination Notice. 21. Notices. Except as may be expressly provided to the contrary in any other Section of this Contract, the Parties shall give all notices, waivers, consents and approvals required under this Contract in writing. Such notices, waivers, consents and approvals shall be deemed to have been duly made (a) when received or refused if delivered by hand with receipt given or refused; (b) on the next business day if delivered by a nationally recognized overnight courier service (e.g., Federal Express, United Parcel Service); (c) on the date confirmed for receipt by facsimile if delivered by facsimile, provided that any notice by facsimile shall be promptly confirmed by one of the other methods set forth in this section; and (d) upon receipt or refusal of delivery if sent by certified or registered United States mail, return receipt requested. In each case notices shall be sent to the Responsible Official and the Contractor at the addresses set forth in Section 7 of the Agreement for Services. The Parties agree that neither shall transmit any notices required under or in connection with this Contract by electronic mail. 22. Representations and Warranties. The Contractor represents and warrants to the School District that: a. It has all necessary power and authority to execute, deliver and perform this Contract and has completed all actions necessary in order to duly authorize the execution, delivery and performance of this Contract; including duly authorizing the Person who signs this Contract to do so on its behalf; b. This Contract, when executed and delivered, shall be a legal, valid and binding obligation of the Contractor, enforceable against the Contractor in accordance with its terms; c. The Contractor is financially solvent, is able to pay all its debts as they mature and is possessed of sufficient working capital to perform the Work. d. The Contractor owns or has duly and validly licensed from a third party the Materials and any other materials used by the Contractor in performing the Work; the Contractor’s use or delivery thereof to the School District in connection with this Contract, and any use thereof by the School District as contemplated by this Contract, does not and shall not violate any third party’s copyright, patent, trade secret or other proprietary right; e. The Contractor is and shall be, at all times during the Term of this Contract, duly qualified to transact business in the Commonwealth of Pennsylvania, professionally competent and duly licensed to perform the Work (if the performance of the Work requires a license). f. The Contractor and any other Person controlling, controlled by, or under common control with the Contractor are not currently indebted to the City or the Commonwealth of Pennsylvania for or on account of any delinquent taxes for which no written settlement agreement or payment plan with the City, or the Commonwealth of Pennsylvania, as the case may be, has been executed and delivered.

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REQUEST FOR PROPOSAL RFP-321 g. Neither the Contractor nor any of its principals or Subcontractors, nor any other Person controlling, controlled by or under common control with the Contractor, are under suspension or debarment, have received official notice of commencement of proceedings for debarment or have been declared ineligible by the Commonwealth of Pennsylvania, the City, any Federal agency or any school district. The Contractor shall provide immediate written notice to the Responsible Official if at any time during the Term of this Contract the Contractor learns that the above certification was erroneous when the Contractor signed this Contract or subsequently became erroneous by reason of changed circumstances. 23. Definitions. Except as expressly provided to the contrary elsewhere in these Standard Terms or Conditions or in the Agreement for Services, capitalized terms shall have the meanings specified in this Section. In the event of a conflict between a definition in these Standard Terms and Conditions and the Agreement for Services, the definition in the Agreement for Services shall apply. In the event of a conflict between a definition in any exhibit, addendum or attachment to the Agreement for Services and a definition in these Standard Terms and Conditions, the definition in these Standard Terms and Conditions shall apply. a. Agreement for Services. “Agreement for Services” means the instrument headed “Agreement for Services”, which forms a part of this Contract and which contains the signatures of the School District and the Contractor, and sets forth certain of the terms, covenants and conditions specific to the Contractor’s engagement. b. Applicable Law. “Applicable Law” means and includes all federal, state, and local statutes, ordinances, resolutions and regulations, including the rules and regulations of any government authority, School District rules, regulations and policies applicable to the School District, the Contractor and the Work, and includes all applicable case law, court orders, injunctions and consent decrees. c.

City. “City” has the definition set forth above in subsection 6.a.

d. Contract. “Contract” means the agreement of the Parties evidenced by the instruments integrated into and forming a part of this Contract, i.e., the Agreement for Services, Exhibit “A”, Exhibit “B”, if any, these Standard Terms and Conditions and any other Exhibit incorporated into this Contract as set forth in the Agreement for Services. e. Event of Default. “Event of Default” means those events defined and identified in Section 18.a. of these Standard Terms and Conditions. f.

FERPA. “FERPA” has the definition set forth above in subsection 15.b.

g. Materials. “Materials” means any and all reports, records, documents, documentation, information, supplies, plans, original drawings, specifications, computations, sketches, renderings, arrangements, videos, pamphlets, advertisements, statistics and other data, computer tapes, computer software, and other tangible work product, materials or goods prepared, supplied or developed by the Contractor as part of or in connection with the Work, or for the Contractor by a Subcontractor in connection with the Work, and delivered to the School District by the Contractor or its Subcontractor pursuant to this Contract. h. Party; Parties. A “Party” means either the School District or the Contractor; the "Parties" means the School District and the Contractor. i. Person. “Person” means any individual, association, partnership, limited partnership, joint venture, corporation, limited liability company or other form of entity or association recognized at law. j. Responsible Official. “Responsible Official” means the School District official named in Section 7 of the Agreement for Services. k. Subcontract; Subcontractor. “Subcontract” means a contract made between the Contractor and a Subcontractor providing for the completion of some part or parts of the Work or Materials by a Subcontractor. “Subcontractor” means a Person performing under a contract with the Contractor a part of the Work or Materials that the Contractor has agreed to carry out pursuant to this Contract.

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l. Termination Notice. “Termination Notice” means a notice given by the School District of its intent to terminate the Contract and its termination of the Contract as referenced in Sections 5, 18, 19 and 20. Such notice shall specify an effective date. m. Work. “Work” means the work, including any Materials, that the Contractor has agreed to complete under this Contract, as described in Section 1 of the Agreement for Services, Exhibit “A” to this Contract, and any relevant exhibits or addenda forming part of this Contract. 24. Miscellaneous. a. Applicable Law; Venue. This Contract shall be construed and enforced under the law of the Commonwealth of Pennsylvania, regardless of its conflict of laws provisions, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. In the event that the Parties cannot amicably resolve any dispute and a Party resorts to legal action, such Party shall file suit only in the state or federal courts sitting in Philadelphia, Pennsylvania. b. Headings. Section headings contained in this Contract are for reference only and shall not in any way affect the meaning or interpretation of this Contract. c. Order of Precedence. In the event of conflict or variation between the Standard Terms and Conditions or the Agreement for Services and any other exhibit, addendum or attachment, the Standard Terms and Conditions or the Agreement for Services, as the case may be, shall govern. In the case of conflict or variation between the Standard Terms and Conditions and the Agreement for Services, the Agreement for Services shall govern. d. Severability. If a court holds any term, covenant or condition of this Contract invalid, such holding shall not affect or impair the validity of any other terms, covenants or conditions of this Contract, which the Parties hereby deem severable and which shall remain in full force and effect. e. Survival. Any and all provisions of this Contract which contemplate performance by a Party after the expiration or earlier termination of this Contract shall survive and be enforceable after such expiration or termination, including without limitation provisions relating to ownership of Materials and indemnification. f. Waiver. No one shall or may find, hold or determine that a Party has waived any term, covenant or condition set forth in this Contract, any Event of Default, or any remedy set forth in this Contract, unless that Party has set forth its waiver in a writing signed by that Party. g. No Partnership or Agency. Anything in this Contract to the contrary notwithstanding, including but not limited to any references in Exhibits “A”, “B” or “D” to a purported “partnership” or “partner” relationship, the Parties do not intend to create, and nothing contained in this Contract shall be construed as creating, a joint venture or partnership between the School District and the Contractor with respect to the Work. Neither the Contractor nor the School District shall have any power to bind the other Party in any manner whatsoever to any third party. The Contractor does not function as an agent of the School District in its dealings with any third party. h. No Third Party Beneficiaries. Nothing in this Contract shall be construed to create any contractual relationship with, or to give a cause of action or remedy in favor of, any third party against either the School District or the Contractor. Nothing in this Contract is intended to benefit any third party. i. Entire Agreement; Amendment. This Contract includes all exhibits and addenda, if any, referred to herein, all of which are hereby incorporated by reference. This Contract constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous oral and written agreements and statements, all of which have been fully integrated herein. This Contract also supersedes any course of conduct, performance or dealing between the Parties. No amendment or modification changing this Contract’s scope or terms shall have any force or effect unless executed and delivered in writing and signed by both Parties. j.

Counterparts. The Parties may execute and deliver this Contract in any number of counterparts, each

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REQUEST FOR PROPOSAL RFP-321 of which shall be deemed to be an original and all of which shall constitute, together, one and the same agreement. k. Interpretation; Number, Gender. The words “herein” “hereof” and “hereunder” and other words of similar import refer to this Contract as a whole, and not to any particular Section, subsection or clause contained in this Contract. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include the masculine, feminine and neuter genders. l. Time. Time is of the essence of the Contractor’s performance of the Work, including the delivery of any Materials to the School District, under this Contract.

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APPENDIX B: INSTRUCTIONS FOR M/WBE PARTICIPATION RESPONDER RESPONSIBILITIES THE POLICY The School Reform Commission (“SRC”) adopted the Anti-Discrimination Policy (“Policy”) relating to the participation of Minority and Woman-Owned Businesses in School District (“District”) contracts. The purpose of this policy is to provide equal opportunity for all businesses and to ensure that School District funds are not used, directly or indirectly, to promote, reinforce or perpetuate discriminatory practices. The District is committed to fostering an environment, in which all businesses are free to participate in business opportunities, flourish without the impediments of discrimination and participate in all District contracts on an equitable basis. In accordance with the contracting requirements of the District, Policy is applicable to RFPs for supplies, services & equipment, design & construction contracts, and contracts for professional services. PARTICIPATION RANGES The School District has contracted with the Office of Economic Opportunity (OEO) of the City of Philadelphia to establish ranges of participation for RFPs which serve as a guide in determining each Responder’s responsibility. These ranges represent the percentage of M/WBE participation that should be attained in the available market absent discrimination in the solicitation and selection of these businesses. These ranges are based upon an analysis of factors such as the size and scope of the contract and the availability of certified M/WBE’s to perform various elements of the contract. M/WBE Participation Forms are included in all applicable RFP packages. These forms must be carefully reviewed and completed as the submission of a Participation Form with RFPs and responses to Requests for Proposals is an element of responsiveness and failure to submit a Participation Form will result in rejection of the RFP/RFP. Participation ranges included in RFPs and requests for proposals represent the percentage of participation by M/WBE firms that reflects the availability of these firms ready and able to provide the services required by the solicitation. These participation ranges serve exclusively as a guide in determining Responder responsibility. CERTIFICATION REQUIREMENTS Only firms certified by an approved certifying agency prior to RFP opening will be credited toward the participation ranges. Approved agencies include state and city certification offices, State Departments of Transportation, the Small Business Administration, National and Local Minority Supplier Development Councils; National Association of Women Business Owners and other identified certifying agencies approved by the School District. PARTICIPATION CREDIT M/WBE subcontractors and manufacturers and suppliers of products are credited toward the participation range at 100%. Responders who utilize indirect contracting with M/WBE firms to satisfy the participation range may do so, however indirect participation may not exceed 25% of the requirement. In order to maximize opportunities for as many businesses as possible, a firm that is certified in two or more categories will only be credited toward one participation range as either an MBE or WBE. The firm will not be School District of Philadelphia (RVD 10-22-10)

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REQUEST FOR PROPOSAL RFP-321 credited toward more than one category. Responders will note with their submission which category; MBE or WBE is submitted for credit. A M/WBE submitting as the prime Responder will receive credit toward the participation ranges for its own work or supply effort. In listing amounts committed to on the Solicitation and Commitment Form, Responders should list both the dollar amount and percentage of total RFP for each commitment made. In calculating the percentage amount, Responders may apply the standard mathematical rules in rounding off numbers. In the event of an inconsistency between the dollar and percentage amounts listed on the Participation Form, the amount, which results in the greater commitment, will be used. RESPONSIVENESS Responders must submit documentary evidence of M/WBE’s who have been solicited and with whom commitments have been made. Documentation of all solicitations (regardless of whether commitments resulted there from) as well as all commitments made prior to RFP opening shall be submitted, concurrently with the RFP, on the enclosed document entitled “Participation Form”. If the Responder has entered into a joint venture with a M/WBE partner, the Responder must submit a copy of the joint-venture agreement along with the Participation Form. Failure to submit the required information on M/WBE participation will result in rejection of the RFP as non-responsive. (Responders should note that only commitments that have been made prior to RFP opening and listed on the Participation Form will be credited toward the participation ranges. Since the School District must ensure that all Responders respond on equal terms, a RFP which indicates that the Responder will make commitments after RFP opening will be rejected as non-responsive.) Upon award, the completed forms and accompanying documents regarding solicitation and commitments with M/WBE’s become part of the contract. A Responder should only make actual solicitations of M/WBE’s whose work or materials are within the scope of the invitation to RFP. Mass mailing of a general nature will not be deemed solicitation, but rather will be treated as informational notification only. A reasonable period of time should be given to all solicited firms to ensure that they have sufficient time to adequately prepare their quotes. The Responder’s listing of a commitment with an M/WBE as described on the Participation Form constitutes a representation that the Responder has, prior to RFP opening, made a binding commitment to contract with such firm, upon receipt of a contract award from the School District. RFP REVIEW Upon receipt of RFPs for this contract, the Responder’s submittal will be subject to review by the Office of Small Business Development (“SBD”) to determine whether the Responder has submitted a RFP within each of the projected range(s) for M/WBE participation, if the ranges are met, the Responder will be rebuttably presumed not to have met the requirements Anti-Discrimination Policy in its selections. M/WBE percentage commitments are to be maintained throughout the term of the contract and shall apply to the total contract value (including approved change orders and amendments). Any change in commitment, including but not limited to substitutions for the listed firm(s), changes or reductions in the work and/or listed dollar/percentage amounts must be approved by the School District. ACCESS TO INFORMATION The Small Business Development Unit or designee shall have the right to make site visits to the Responder’s place of business and/or job site and obtain documents and information from any Responder, subcontractor, School District of Philadelphia (RVD 10-22-10)

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REQUEST FOR PROPOSAL RFP-321 supplier, manufacturer of contract participant that may be required in order to ascertain Responder responsibility. Failure to cooperate with Small Business Development in its review will result in a recommendation to the User Department that the Responder be deemed not responsible and its RFP rejected RECORDS AND REPORTS The successful Responder shall maintain records relating to its M/WBE commitments (e.g. copies of subcontracts, joint venture agreement, correspondence, cancelled checks, invoices, telephone logs) for a period of at least one year following acceptance of final payment. These records shall be made available for inspection by the SBD and/or other appropriate School District officials. The successful Responder agrees to submit reports and other documentation to the School District as deemed necessary by the SBD unit to ascertain the successful Responder’s fulfillment of its M/WBE commitments. REMEDIES The successful Responder’s compliance with the requirements the Anti-Discrimination Policy is material to the contract. Any failure to comply with these requirements constitutes a substantial breach of the contract. It is further understood and agreed that in the event it is determined that the successful Responder has failed to comply with these requirements, the School District may, in addition to any other rights and remedies the they may have under the contract, any bond filed in connection therewith or at law or in equity, exercise one or more of the following remedies which shall be deemed cumulative and concurrent: Withhold payment(s) or any part thereof until corrective action is taken. Terminate the contract, in whole or in part. Suspend the successful Responder from participating in any future School District contracts for a specified period. Recover as liquidated damages, one percent of the total dollar amount of the contract for each one percent (or fraction thereof) of the commitment shortfall. (NOTE: The “total dollar amount of the contract” shall include approved change orders, amendments and for requirements contracts shall be based on actual quantities ordered by the School District.) APPEAL PROCESS Appeal of any action taken under the Anti-Discrimination Policy shall be in writing to the Interim Director, Procurement Services, 440 N. Broad Street, Third Floor, Philadelphia, PA 19130

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REQUEST FOR PROPOSAL RFP-321 SCHOOL DISTRICT OF PHILADELPHIA OFFICE OF PROCUREMENT SERVICES MINORITY/WOMAN-OWNED BUSINESS ENTERPRISE (MWBE) PARTICIPATION PLAN FORM I. Information in this section refers to the Prime Contractor/Vendor. Company Name__________________________________________ Contact Person: Address:

Phone:

City:

State:

Zip:

Fax: ______________________________________________ E-mail:

________

Owner: __African-American,__Hispanic, __Asian, __Native American, __Woman, __Non-Profit, ___Caucasian, __Other Federal Tax ID________________

Certifying Agency: _______________________________ Certification No.: ________

Bid Number or Subject of Resolution:

II. Information in this section refers to MWBE firms to be used in the performance of this contract. Company Name:________________________________________ Owner: Address:

Phone:

City:

State:

Zip:

Fax: ______________________________________________ E-mail:

________

Owner: __African-American,__Hispanic, __Asian, __Native American, __Woman, __Non-Profit, ___Caucasian, __Other Federal Tax ID________________

Certifying Agency: _______________________________ Certification No.: ________

Description of Work: Dollar Value $_________________________ __Percentage of Total Contract Vendor Signature

Company Name:_________________________________________ Owner: Address:

Phone: State:

City:

Fax: ______________________________________________ E-mail:

Zip:

________ ________

Owner: __African-American,__Hispanic, __Asian, __Native American, __Woman, __Non-Profit, ___Caucasian, __Other Federal Tax ID________________

Certifying Agency: _______________________________ Certification No.: ________

Description of Work: Dollar Value $__________________________ Percentage of Total Contract Vendor Signature

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REQUEST FOR PROPOSAL RFP-321 If no commitment, give reasons and supporting documentation (e.g., evidence of contacting MWBEs).

________________________________________________________________________________________________________

I certify that the information provided is true and correct

____________________________ Authorized Representative

Date:

Rev. 08/10

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APPENDIX C: EQUAL OPPORTUNITY: NON-DISCRIMINATION IN HIRING/ NON-DISCRIMINATING CONTRACTING NOTICE 1. The successful Respondent shall not discriminate nor permit discrimination against any person because of race, color, religion, age, national origin, ancestry, creed, handicap, sexual orientation, union membership, disabled or Vietnam era veteran status, or limited English proficiency in the performance of the contract, including, but not limited to, preparation, manufacture, fabrication, installation, erection and delivery of all supplies and equipment. In the event of receipt of such evidence of such discrimination by the successful Respondent or its agents, employees or representatives, the School District shall have the right to terminate the Contract. In the event of the continued refusal on the part of the Respondent to comply with this anti-discrimination provision, the Respondent may be removed from the list of approved proposers of the School District 2. The successful Respondent agrees to include subparagraph (1) above with appropriate adjustments for the identity of the parties in all subcontracts, which are entered into for work to be performed pursuant to the Contract.

__________________________________ (Seal) (Name of Firm) __________________________________ (Seal) (Signature of Owner or Partner)

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APPENDIX D: INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Request for Proposals. According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. § 1611 et seq., governmental agencies may require submission of Non-Collusion Affidavits with Proposals. 2. The member, officer or employee of the Proposer who makes the final decision on price(s) and the amount quoted in the Proposal must execute this Non Collusion Affidavit. 3. Bid (or proposal) rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of Proposals are unlawful and may be subject to criminal prosecution. The person who signs the Non-Collusion Affidavit must and shall examine the Affidavit carefully before signing, and assure himself or herself that each statement is true and accurate, making diligent inquiries, as necessary, of all other persons employed by or associated with the Proposer who have any responsibility for the preparation, approval or submission of the Proposal. 4. In the case of a Proposal submitted by a joint venture, the Proposal documents must identify clearly each party to the venture, and each such party must separately sign and submit a Non-Collusion Affidavit with the Proposal documents. 5. Individuals may not participate in any manner in the preparation or submission of Proposals on behalf of more than one legal entity. Any individual participating in the submission of a Proposal as a member of a joint venture shall not submit a Proposal in his or her individual capacity. Each Proposer shall disclose, on separate sheet attached to the affidavit, a written description of each and every legal relationship or affiliation that it has with the shareholders, directors, officers, or employees of any other potential Proposers for this RFP. 6. The term "complementary" as used in the Affidavit has the meaning commonly associated with the term in the Request for Proposals or competitive bidding processes. This includes the knowing submission of proposals higher than the proposal of another firm; any intentionally high or non-competitive proposal; and any other form of proposal submitted for the purpose of giving a false appearance of competition. 7. Failure to file a notarized Non-Collusion Affidavit in compliance with these instructions will result in disqualification of the Proposer and its Proposal.

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REQUEST FOR PROPOSAL RFP-321 NON-COLLUSION AFFIDAVIT State of _______________________

Contract//RFP No: _________________

County of________________________________________________________. I am _____________________________________________________ of ________________________________________ {Name of firm} I am authorized to execute this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Proposal. I further state that: (1)

The price(s) and amount of this Proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, vendor or Proposer, or any potential contractor, vendor or Proposer. Neither the actual or approximate price(s), nor the amount of this Proposal, have been disclosed to any other firm or person who is an actual or potential contractor, vendor or Proposer.

(2)

We have made no attempt and will make no attempt to induce any firm or person to refrain from competing for this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. This proposal is made in good faith and not pursuant to any agreement, discussion with, or inducement from any firm or person to submit a complementary or other noncompetitive proposal.

(5)

__________________________________________ {Name of firm}, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by state or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or competing for any public contract, except as follows:

I state that _______________________________________ {Name of firm} understands and acknowledges that the above representations are material, and will be relied on by The School District of Philadelphia in awarding the contract or contracts for which we have submitted our Proposal. I understand and my firm understands that any misstatements in this affidavit are and shall be treated as fraudulent concealment from The School District of Philadelphia of the true facts relating to the submission of our Proposal pursuant to the School District’s Request for Proposals, and any contract awarded to us. ______________________________________________ {Contractor signature} ______________________________________________ {Name and Company Position} SWORN TO AND SUBSCRIBED BEFORE ME THIS ____________ DAY OF __________________________, 200___

Notary Seal

Notary Signature: ___________________________

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APPENDIX E: SIGNATURE PAGE DATE: February 10, 2012 PROPOSAL NO.: RFP-321 DATE OF PROPOSAL OPENING: March 9, 2012 TIME OF PROPOSAL OPENING: 11:00 AM (EST) PLEASE DIRECT ANY QUESTIONS REGARDING THIS RFP TO: NAME: David B. Lazarow, CPPB E-MAIL.: [email protected] PROPOSAL INVITATION FOR: Facilities Management Services OFFER: The undersigned hereby offers to sell to the School District of Philadelphia the commodities or services indicated in the following pages of this RFP at the price(s) quoted, in complete accordance with all conditions, specifications, and Terms and Conditions set forth herein. All proposals shall remain valid for a period of 180 days from the Proposal Due Date. COMPANY NAME: __________________________________________________________ ADDRESS:

__________________________________________________________ __________________________________________________________ (CITY) (STATE) (ZIP)

TELEPHONE: __________________________

FAX:_________________________

AUTHORIZED SIGNATURE: __________________________________________________________ NAME TITLE This document must be signed by a person who is authorized to legally obligate the proposing vendor. A signature on this document indicates that all School District of Philadelphia terms and conditions are accepted by the proposing vendor and that any and all other terms and conditions submitted by the vendor are null and void, even if such terms and conditions have terminology to the contrary. The signature also certifies that there have been no alterations or substitutions of any of the RFP documents.

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APPENDIX F: VENDOR ACKNOWLEDGEMENT/ VENDOR CONFERENCE Please forward your acknowledgment of receipt of the attached Request for Proposal to: David B. Lazarow, CPPB Office of Procurement Services School District of Philadelphia, Education Center 440 N. Broad Street Philadelphia, Pennsylvania 19130 Office: 215.400.4380 Facsimile: 215.400.4381 E-mail: [email protected] Organization Name: ______________________________________________ has received the Request for Proposal for: Facilities Management Services At this time, it is the organization’s intent to: [

] Attend a Mandatory Vendor’s Conference

[

] Number attending (limited to no more then three (3) representatives).

[

] Not Attend the Vendor’s Conference

If you do not attend the Mandatory Vendor’s Conference, your proposal will not be considered. Signature:

____________________________________________________

Title:

____________________________________________________

Date:

____________________________________________________

Vendors should return this form to David B. Lazarow no later than February 15, 2012 via mail or facsimile: 215.400.4381.

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APPENDIX G: COOPERATIVE PURCHASING PROGRAM: INTERGOVERNMENTAL COOPERATIVE PURCHASING Pursuant to Section 1902 of Act 57 of May 15, 1998, as amended, (Title 62 Pa. C.S. 1902), known as the “Commonwealth Procurement Code” local public procurement units, local municipalities, and authorities are permitted to participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Such a local procurement unit is defined as: a political subdivision, public authority, tax-exempt, nonprofit educational or public health institution or organization, nonprofit fire company, nonprofit rescue company, nonprofit ambulance company and, to the extent provided by law, any other entity, including a council of governments or an area government, which expends public funds for the procurement of supplies, services and construction. Local Public Procurement Units located within the County of Philadelphia, or as otherwise by the County and the contractor may, at its discretion, avail themselves of contract(s) awarded by the County of Philadelphia, provided the contractor agrees. The terms and conditions of the contract apply in full, except that, unless identified in the Schedule, quantities of items identified above do not include any requirements for such Local Public Procurement Units. Their requirements, if any, will be identified by the Local Public Procurement Unit through direct communications with the vendor. All orders, invoices payments, and related transactions will be made directly between the vendor and individual Local Public Procurement Units. Respondent is to respond to the following question by initialing at the appropriate place. Responses are required but will not affect the award of the contract. The provisions of this contract; price; delivery; terms and conditions may be extended to any and all Local Public Procurement Units on a cooperative purchasing basis for the duration of the contract. ___________

YES

School District of Philadelphia (RVD 10-22-10)

___________

NO

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APPENDIX H: THE SCHOOL DISTRICT OF PHILADELPHIA OFFICE OF PROCUREMENT SERVICES VENDOR CODE OF ETHICS The School District of Philadelphia (“SDP), through its Office of Procurement Services (“OPS), is committed to a procurement process that fosters fair and open competition, is conducted under the highest ethical standards and enjoys the complete confidence of the public. To achieve these purposes, OPS requires each vendor who seeks to do business with the SDP to subscribe to this Vendor Code of Ethics. A Vendor’s bid or proposal will be competitive, consistent and appropriate to the bid documents. A Vendor will not discuss or consult with other Vendors intending to bid on the same contract or similar SDP contract for the purpose of limiting competition. A Vendor will not disclose the terms of its bid or proposal, directly or indirectly, to any other competing Vendor prior to the closing date for bids or proposals. A Vendor will not make any attempt to induce any individual or entity to submit or not to submit a bid or proposal. A Vendor will completely perform any contract awarded to it at the contracted price pursuant to the terms set forth in the contract. A Vendor will submit timely, accurate and appropriate invoices for goods and/or services actually performed under the contract. A Vendor will properly, accurately and fairly record all financial transactions with the SDP in its books, journals, ledgers and/or other appropriate records. A Vendor will not offer or give any gift, item or service of value, directly or indirectly, to an SDP employee, School Reform Commission (SRC) member, SDP consultant or contractor employed in connection with the subject matter of the bid or proposal or to any member of their immediate families. This restriction also applies to any family member, employee, SRC member, SDP consultant and/or contractor employed in connection with SDP. A Vendor will not, without the prior written consent of the SDP, initiate, negotiate or render an offer of employment to any SDP employee who is directly concerned with, or personally participating on behalf of the SDP with respect to any procurement or other matter involving the Vendor. A Vendor will not cause, influence or attempt to cause or influence any SDP employee or SRC member: (i) in any member which might tend to impair his/her objectivity or independence of judgment; or (ii) to use or attempt to use his/her official position to secure any unwarranted privileges or advantage for that Vendor or for any other person. A Vendor will comply with the SDP’s Anti-Discrimination Policy regarding inclusion of Small Women/Minority Owned Businesses in District contracts.

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APPENDIX I: APPA CLEANING FREQUENCIES AND STANDARDS

ENTRANCES, LOBBIES, RECEPTION , FOYER– APPA Level 2 Tiled and linoleum floors will be dust mopped and damp mopped/washed

FREQUENCY 5 days per wk

Doormats will be lifted and vacuumed both sides. Carpeted areas will be vacuumed and spot cleaned. Litter receptacles will be emptied and cleaned. Door glass and partition glass will be cleaned both sides. Door glass will be kept free (clean) of stains, marks, etc. Entrance doorframes, side glass panels and top glass panels will be cleaned.

5 days per wk 5 days per wk 5 days per wk 1 day per wk 5 days per wk 1 day per wk

Finger and other marks will be removed from wall to 2 m. high. Horizontal surfaces will be dusted. Stainless steel kick plates will be cleaned. Exterior garbage containers (within 5m) will be emptied and damp wiped.

1 day per wk 1 day per wk 1 day per wk 5 days per wk

STAIRS AND LANDINGS – APPA Level 2 Stairs and landings will be swept and damp mopped/washed Doors will be kept free of finger marks Handrails will be dusted and damp wiped Walls will be spot cleaned to 2m high Stainless steel kick plates will be cleaned

CORRIDORS, HALLWAYS - APPA Level 2 Tiled and linoleum floors will be dust mopped and damp mopped. Carpeted floors will be vacuumed and spot cleaned. Horizontal surfaces will be dusted. Waste receptacles will be emptied and cleaned. Drinking fountains will be cleaned. Walls will be spot cleaned to 2 m. high. Tiled and linoleum floors will be sprayed and buffed. Coin telephones and enclosures will be cleaned and disinfected. Door glass and partition glass will be completely cleaned both sides.

School District of Philadelphia (RVD 10-22-10)

FREQUENCY 5 days per wk 5 days per wk 2 days per wk 1 day per wk 1 day per wk

FREQUENCY 5 days per wk 5 days per wk 1 day per wk 5 days per wk 5 days per wk 1 day per wk 1 day per wk 1 day per wk 1 day per month

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ELEVATORS – APPA Level 1 Floors will be dust mopped and damp mopped/washed Doors and wall will be kept free of marks Glass ceiling panels will be cleaned Stainless steel panels will be polished

FREQUENCY 5 days per wk 5 days per wk 1 day per month 1 day per wk

LOUNGES, STAFF ROOM – APPA Level 2 Supplies will be replenished. Upholstered furniture will be vacuumed. Tables will be damp wiped. Receptacles will be emptied and cleaned. Walls will be spot cleaned to 2 m. high. Chairs will be damp wiped. Carpet will be vacuumed and spot cleaned. Stainless steel sinks and counters will be cleaned.

FREQUENCY 5 days per wk 1 day per wk 5 days per wk 5 days per wk 1 day per wk 1 day per wk 5 days per wk 5 days per wk

OFFICES – APPA Level 2 Tiled and linoleum floors will be dust mopped and damp mopped. Carpets will be vacuumed and spot cleaned. Wastebaskets and recycling bins will be emptied and cleaned. Furniture and horizontal ledges will be dusted. Finger marks will be removed from walls and partitions will be spot cleaned to a height of 2 m. Telephones will be cleaned and disinfected. Horizontal and vertical blinds dusted. Horizontal and vertical blinds spray cleaned in the summer.

FREQUENCY 1 day per wk 1 day per wk 2 days per wk 1 day per week 1 day per week

WASHROOMS, SHOWERS, CHANGE ROOMS – APPA Level 1 All fixtures will be cleaned, i.e. bowls, urinals, basins, mirrors, chrome surfaces and interface. Waste receptacles will be emptied and cleaned. All supplies will be replenished. Walls will be spot cleaned to a height of 2 m. Walls will be washed floor to ceiling. Toilet partitions will be damp wiped. Floors will be swept and washed. Floor drains will be primed. Walls and toilet partitions will be kept free of graffiti. Floor drains will be cleaned and floor drain lids lifted and cleaned.

School District of Philadelphia (RVD 10-22-10)

1 day per week 2 times per year 1 time per year

FREQUENCY 5 days per wk 5 days per wk 5 days per wk 5 days per wk 1 day per month 1 day per wk 5 days per wk 1 day per wk 5 days per wk 1 day per month

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LIBRARY – APPA Level 2 Carpets vacuumed throughout and spot cleaned. Tile and lino floors dust mopped and damp mopped. Waste receptacles emptied & cleaned. Desk, counters, sills and ledges dusted. Doors, door glass and any partition glass cleaned. Lighting fixtures dusted. Walls, stairwells, railings, landings spot cleaned to 2 m.

FREQUENCY 7 days per wk 7 days per wk 7 days per wk 3 days per wk 1 day per wk 1 day per month 1 day per wk

CAFETERIA SEATING AND CIRUCLATION AREAS – APPA Level 1

FREQUENCY

Floors will be swept and damp mopped/washed. Walls will be spot cleaned up to a height of 2 m. Waste will be removed to outside container. Horizontal ledges will be wiped. Glass doors will be cleaned. Chairs, tables and table legs will be damp wiped Waste containers will be cleaned - cleaning to include wiping of outside and washing inside with disinfectant. Walk-off mats will be vacuumed. Remove gum from all surfaces.

5 days per wk 5 days per wk 5 days per wk 1 day per wk 5 days per wk 1 day per wk 1 day per wk

MEETING ROOMS. CONFERENCE ROOMS, MULTI PURPOSE ROOMS - APPA Level 2 Garbage picked up. Carpets vacuumed. Upholstered furniture vacuumed. Tables damp wiped (policed daily). Walls spot cleaned to a height of 2 m. Chairs damp wiped. Carpets spot cleaned.

FREQUENCY

CLASSROOMS, LECTURE THEATRES – APPA Level 2 Carpets will be vacuumed and spot cleaned. Tiled and linoleum floors will be dust mopped and damp mopped/washed. Waste receptacles will be emptied and cleaned. Desks, counters, sills and ledges will be dusted. Chalkboard ledges and erasers will be cleaned and chalk replenished. Chalkboards will be completely cleaned and washed.

School District of Philadelphia (RVD 10-22-10)

1 days per wk 1 day per month

5 days per wk 5 days per wk 1 day per wk 3 days per wk 1 day per wk 1 day per wk 5 days per wk

FREQUENCY 5 days per wk 5 days per wk 5 days per wk 1 day per wk 5 days per week 5 days per wk

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White boards will be cleaned. Floor grilles will be cleaned. Door glass and partition glass will be cleaned both sides. Horizontal and vertical blinds will be dusted. Horizontal and vertical blinds will be spray cleaned in the summer.

5 days per wk 1 day per month 1 day per month 2 times per year 1 time per year

COMPUTER LABORATORIES – APPA Level 2 Carpets will be vacuumed and spot cleaned. Tiled and linoleum floors will be dust mopped and damp mopped/washed. Waste receptacles will be emptied and cleaned. Desks, counters, sills and ledges will be dusted. Chalkboard ledges and erasers will be cleaned and chalk replenished. Chalkboards will be completely cleaned and washed. White boards will be cleaned. Door glass and partition glass will be cleaned both sides. Horizontal and vertical blinds will be dusted. Horizontal and vertical blinds will be spray cleaned in the summer.

FREQUENCY 5 days per wk 5 days per wk

SCIENCE LABORATORIES – APPA Level 2 Carpets will be vacuumed and spot cleaned. Tiled and linoleum floors will be dust mopped and damp mopped/washed. Waste receptacles will be emptied and cleaned. Desks, counters, sills and ledges will be dusted. Chalkboard ledges and erasers will be cleaned and chalk replenished. Chalkboards will be completely cleaned and washed. White boards will be cleaned. Stainless steel sinks and counters will be cleaned Eyewash stations will be cleaned Door glass and partition glass will be cleaned both sides. Horizontal and vertical blinds will be dusted. Horizontal and vertical blinds will be spray cleaned in the summer.

FREQUENCY 5 days per wk 5 days per wk

School District of Philadelphia (RVD 10-22-10)

5 days per wk 1 day per wk 5 days per week 5 days per wk 5 days per wk 1 day per month 2 times per year 1 time per year

5 days per wk 1 day per wk 5 days per week 5 days per wk 5 days per wk 5 days per wk 2 days per wk 1 day per month 2 times per year 1 time per year

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FIRST AID ROOMS – APPA Level 1 All fixtures will be completely cleaned, i.e. bowls, basins, mirrors and chrome surfaces. Waste receptacles will be emptied and cleaned as per medical waste disposal regulations. All supplies will be replenished. Walls will be spot cleaned to a height of 2 m. Floors will be swept and damp mopped/washed with germicide. Floor drains will be primed. Floor drains will be cleaned. Sinks will be cleaned.

FREQUENCY 5 days per wk

GENERAL OFFICE SPACE – APPA Level 2 Tiled and linoleum floors will be dust mopped and damp mopped. Carpets will be vacuumed and spot cleaned. Wastebaskets and recycling bins will be emptied and cleaned. Furniture and horizontal ledges will be dusted. Finger marks will be removed from walls and partitions will be spot cleaned to a height of 2 m. Telephones will be cleaned and disinfected. Horizontal and vertical blinds dusted. Horizontal and vertical blinds spray cleaned in the summer.

FREQUENCY 2 days per wk 2 days per wk 2 days per wk 1 day per wk 1 day per wk

OTHER AREAS - GENERAL CLEANING SERVICES – AREAS NOT SPECIFIED – APPA Level 2 Sanitize all pay phone handsets Furniture will be spot cleaned Mops to be cleaned/laundered to avoid odor Floor will be spray buffed Dust exterior doors and frames of lockers, partitions, and ledges Thoroughly clean all floor drains – flush with water and an enzyme product

5 days per wk 5 days per wk 5 days per wk 5 days per wk 1 day per wk 1 day per month 5 days per wk

1 day per wk 2 times per year 1 time per year

FREQUENCY weekly weekly weekly monthly weekly weekly

All lino floors will be swept with a treated dust mop; spillage will be removed

3 times per wk

All carpets will be vacuumed and all stains removed Finger marks will be removed from glass desks, table tops, door glass, and display cases

3 times per wk 3 times per wk

Finger marks and smudges will be removed from walls and other surfaces, where accessible

3 times per wk

All graffiti shall be removed as it appears Exterior sidewalk cleaning; all sidewalk extensions of buildings to be swept and kept clean 5 metres on either side of &

daily daily

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perpendicular to entrance All outside garbage receptacles at building entrance to be emptied daily

daily

Clean and sanitize all waste receptacles, sinks, tables and countertops

daily

Window ledges and tracks will be dusted and wiped All metal surfaces, including push plates and kick plates will be cleaned and polished

monthly monthly

Spot cleaning of ceramic tile grout Clean the interior of all paper towel and soap dispensers

monthly monthly

PROJECT WORK Wash all walls in entrances, hallways and classrooms Hard surfaces scrubbed and recoated (two coats) Hard surfaces burnished Hard surfaces stripped and refinished Hard surfaces spray buffed

FREQUENCY 1 time per year 2 times per year 2 times per year 1 time in 5 years 1 time per month

Wash walls in offices Extraction clean all carpets Vacuum and clean all fabric furniture, wash all vinyl/plastic furniture

1 time per year 1 time per year 1 time per year

Wash all building outside perimeter windows All interior glass unless otherwise specified All supply, return and exhaust air diffuser grills will be vacuumed and washed Clean and sanitize tables and chairs including tops and underneath surfaces, legs and arms including removing gum, etc.

1 time per year 2 times per year 2 times per year

Service rooms: Boiler, Electrical, Mechanical, communications rooms to be dusted, swept, and/or vacuumed.

1 time per year

2 times per year

Note: Not all areas will receive floor care at the frequencies noted and reductions may be made for low traffic areas and increase for high traffic areas.

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APPA APPEARANCE LEVELS DEFINITIONS Level 1 - Orderly Spotlessness • Floors and base moldings shine and/or are bright and clean; colours are fresh. There is no buildup in corners or along walls • All vertical and horizontal surfaces have a freshly cleaned or polished appearance and have no accumulation of dust, dirt, marks, streaks, smudges, or fingerprints. Light all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free. Level 2 - Ordinary Tidiness • Floors and base moldings shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days worth of dust, dirt, stains, or streaks. • All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticeable upon close observation. Light all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free. Level 3 - Casual Inattention • Floors are swept or vacuumed clean, but upon close observation there can be stains. A buildup of dirt and/or floor finish in corners and along walls can be seen. • There are dull spots and/or matted carpet in walking lanes. There are streaks or splashes on base molding. • All vertical and horizontal surfaces have obvious dust, dirt, marks, smudges, and fingerprints. Lamps all work and fixtures are clean. • Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free. Level 4 - Moderate Dinginess • Floors are swept or vacuumed clean, but are dull, dingy, and stained. There is a noticeable buildup of dirt and/or floor finish in corners and along walls. • There is a dull path and/or obviously matted carpet in walking lanes. Base molding is dull and dingy with streaks or splashes. • All vertical and horizontal surfaces have conspicuous dust, dirt, smudges, fingerprints, and marks. Lamp fixtures are dirty and some lamp (up to 5 percent) are burned out. • Trash containers and pencil sharpeners have old trash and shavings. They are stained and marked. Trash containers smell sour.

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REQUEST FOR PROPOSAL RFP-321 Level 5 - Unkempt Neglect • Floors and carpets are dull, dirty, dingy, scuffed, and/or matted. There is a conspicuous buildup of old dirt and/or floor finish in corners and along walls. Base molding is dirty, stained, and streaked. Gum, stains, dirt, dust balls, and trash are broadcast. • All vertical and horizontal surfaces have major accumulations of dust, dirt, smudges, and fingerprint, all of which will be difficult to remove. Lack of attention is obvious. • Light fixtures are dirty with dust balls and flies. Many lamps (more than 5 percent) are burned out. • Trash containers and pencil sharpeners overflow. They are stained and marked. Trash containers smell sour.

APPA Cleaning Standards

Initially published by APPA in 1992 and now in its second edition, Custodial Staffing Guidelines covers five levels of clean used to assess facility appearance. The guide includes information on such specialized facilities areas as dormitories, health care facilities, and more. Thirty-three room categories in all are covered by the APPA staffing guidelines. The Custodial Staffing Guidelines are based upon the feedback of hundreds of individuals and institutions and have been in use for over two decades by an ever- increasing number of institutions to validate staffing requirements at institutions in higher education as well as K-12, and to justify the need for custodial budgets.

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REQUEST FOR PROPOSAL RFP-321 APPA, is the association of choice serving educational facilities professionals. An international association dedicated to maintaining, protecting, and promoting the quality of educational facilities, APPA represents more than 1,500 learning institutions serving over 4,700 individuals. LEED-EB – Leadership in Energy and Environmental Design for Existing Buildings. LEED for Existing Buildings establishes a set of performance standards for the sustainable upgrades and operation of existing buildings. Institutions can earn up to two LEED points for using APPA's guidelines as part of the Quality Cleaning section of LEED’s Operations and Maintenance guide to determine the appearance level of the facility.

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APPENDIX J: PERFORMANCE AND PERFORMANCE BOND

THE SCHOOL DISTRICT OF PHILADELPHIA SCHOOL REFORM COMMISSION

Know all Men by these presents That we, ...................................................................................................................... Principal, and ……………………..…….................. ................................, a corporation existing under and by virtue of the laws of the State of …………………………………., Surety, are jointly and severally held and firmly bound unto the SCHOOL DISTRICT OF PHILADELPHIA in the sum of …………………………………………………………………………………………… dollars ($.......................) lawful money of the United States of America, or One Hundred Percent (100%) of the Contract Sum, to be paid to the said School District, its successors or assigns, to which payment, well and truly to be made, we do bind ourselves and each of us, our and each of our heirs, executors, administrators, successors and assigns, firmly by these presents, and do authorize and empower any attorney of any Court of Record to appear for us and each of us, our and each of our heirs, executors, administrators, successors and assigns and confess judgment in favor of said School District, its successors and assigns, against us and each of us, our and each of our heirs, executors, administrators and assigns, together with an attorney’s commission of twenty per cent (20%), besides costs of suit, with release of errors and waiver of all laws for stay of execution and exemption. Sealed with the seal of the said Principal and with the corporate seal of the said Surety, duly executed the …… day of ……………… in the year of our Lord TWO THOUSAND TWELVE (2012). WHEREAS, the above Principal entered into a certain contract of even date herewith with the School District of Philadelphia, a copy of which contract is attached hereto and incorporated herein. NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall and do well and truly in all respects comply with all of the provisions, terms, conditions and covenants contained and set forth in the aforesaid contract and in the specifications and plans that are expressly referred to in the aforesaid contract, and in the supplemental bulletins, if any were issued to supplement, add to, delete from or change the aforesaid contract and/or specifications and plans, and shall and do save, protect, guarantee and indemnify the School District of Philadelphia of, from and against all loss, damage and expense (including delay damages, liquidated damages and consequential damages) by reason of Principal’s failure for any cause whatsoever to comply with the aforesaid contract and with the specifications and plans that are expressly referred to in the aforesaid contract, and with the supplemental bulletins, if any, then this Obligation to be void; otherwise to be and remain in full force, virtue and effect. It is understood and agreed that no change, extension of time, alteration, deduction or addition to the provisions, terms, conditions and covenants of the aforesaid contract or specifications or plans or supplemental bulletins, if any, and no change, extension of time, alteration, deduction or addition in the work to be done or material to be supplied thereunder, shall, in any manner affect the obligation of the Principal and Surety on this bond and the suretyship of this bond shall be taken as covering all such matters and all liability by reason thereof. The Surety does hereby waive notice of any such change, extension of time, alteration, deduction or addition to the terms of the contract, specifications, plans and supplemental bulletins. It is further understood and agreed that in the sole discretion of the School District of Philadelphia, the Surety may be required to perform and carry out the provisions of the aforesaid contract in the event of breach by the Principal. WE FURTHER AGREE, that if, in the opinion of the said School District, any default shall happen on the part of the said Principal we will pay all loss occasioned thereby, and that the ascertained amount thereof, which shall be determined by the School Reform Commission of said School District, and of the truth of which oath or affirmation shall be made by the Chairwoman of the said School Reform Commission or by any member thereof, shall be final, binding and conclusive upon us, and that execution may forthwith issue against us for the amount of said default. The Surety also agrees to perform this obligation promptly upon a declaration by the said School District that such performance is required pursuant to the terms of this Obligation. This Obligation incorporates by reference Public Works Contractors’ Bond Law of 1967; provided, however, that in the event of any inconsistency or ambiguity in the meaning of this Obligation and the said Public Works Contractors’ Bond Law of 1967, the express terms of this Obligation shall govern and control. If Contractor is an individual proprietorship or is a partnership, sign here Witness:

(Corporate Seal)

………………………………………………………………..………… (Seal) (Trade Name of Firm)

If Contractor is a corporation, sign here

Attest: ……………………………………………….. (Secretary or Treasurer)

………………………………………………………………..………… (Seal) (Signature of Owner or Partner) ………………………………………………………………..……………….. (Name of Corporation)

By: …….………………………………………………………...................... (President or Vice-President) (Surety sign below)

……………………………………………………….. Witness as to Surety

School District of Philadelphia (RVD 10-22-10)

…..……………………………………………………………………………..

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APPENDIX K: SAMPLE OF DETAILED SCOPE OF SERVICES AND FREQUENCIES

Task Section General Task 1.1 Maintenance Operations

Frequency Task Details

Daily

Have all the gates or doors leading from the street to the building open thirty minutes before occupancy or extended coverage starts Close them within thirty minutes after the close of the school session or extended coverage as applicable See that interior and exterior doors are securely locked Ensure doors securely locked in the beginning and Insofar as the Service Provider is responsible, doors of shops, homemaking rooms, science rooms, auditorium, gymnasium, pool and shower rooms and any other rooms containing supplies or end of the day equipment shall be kept locked during periods when such rooms are not in use. Pupils shall not be permitted to enter those rooms at such times unless a teacher is present. Service/Machinery rooms shall be kept locked unless occupied.

Weekly

Monthly Annually As Needed

Opening and Closing Facilities

X

X Playground gates

Playground gates shall be closed and locked at the end of each day between November 15 and March 15 unless otherwise directed by the School District of Philadelphia or a duly authorized representative. At other times including weekends, playground gates shall be left open. Exceptions to this rule may be made by the Senior V. P. of Facilites.

Disconnecting electric current

Shall not disconnect electric lights and power current at the main service switch or the main switchboard upon leaving the building each night. The Senior V. P. of Facilities may designate certain buildings where special conditions warrant the disconnection of electric current.

School Gardens

If there is a school garden at the building, it should be open during the school day when directed by the Principal. School Gardens should not be open unless a teacher is present. The tool house should be opened only at the request of the teacher in charge. Water is not to be shut off at the end of the school day or night activity. The Service Provider shall report any unusual conditions to the Senior V. P. of Facilities.

X

X

Building Water Supply Operations

X

Drinking water fountain/Bubblers shall be operated continuously for at least 5 minutes prior to occupancy of the building on each school day.

1.2

X

Responsibility for Property Prevention of removal of articles

No articles are removed from a school building by any person except on a written order or an official letterhead, from the Senior V. P. of the Department of Facilities.

Transfer of supplies

Honor all written requests made by the Department of FMS to transfer school supplies

Responsibility for supplies during vacation

Take all the necessary precautions to protect these supplies, materials, etc., during the summer vacation. If necessary, the Service Provider shall relocate valuable material to a more secure location Accumulations of excess furniture above the need of the building or furniture in need of repair, shall be listed and reported where, when and as directed through the Senior V. P. of Facilities

X

Unused surplus furniture

School District of Philadelphia (RVD 00-00-00)

X

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X X

REQUEST FOR PROPOSAL (RFP)

APPENDIX L: SAMPLE OF PRICE PROPOSAL FORM

Estimated Occupancy Staffing Levels

17 22 28 29 58 59 60 98 102 103 113 118 127 139 142 143 144 147 148 192 193 194 195 197 199 200 201 202 203 204 205 206 207 208 209 212 213 308

Region al Forma t C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C

Building ID C.A.P.A Constitution High School Mastbaum Parkway Center City & Busness & Tech. @ (Fleisher) Masterman Franklin Learning Center Science Leadership Academy Vaux (GCA) Allen, Ethel Douglas F.S. Bregy McDaniel (Main) Jackson Adaire Ludlow Ludlow Community Center Moffett Spring Garden New Hunter Morris R. Reynolds Blaine Cleveland Kenderton Pratt Stanton, MH WALTON (CLOSED) 9-05 Whitter Hill, L.P. Duckery Wright, R.R. Gideon W.D. Kelly 2600 N. Broad St. Garage Old DeBurgos site (Closed) St. Boniventure (Corena Bldg.)(Feeds Clymer) Elkin & LSH Kane (Boone) (Camelot)

School District of Philadelphia (RVD 00-00-00)

Facility Name 2020 2670 5060 5140A 2140 2290 2650 2130 4440 4510 2240 2370 2510 5200 5340 5880 5370 5560 5690 2390 2420 4220 4260 4310 4390 4400 4420 4430 4450 4460 4470 4530 4560 4830 5171 5222 5260 2310

Square Footage 166,630 62,023 220,495 85,962 81,364 126,773 75,000 141,644 89,642 82,609 54,276 49,896 52,587 49,374 51,060 15,600 43,315 36,451 101,053 95,437 59,343 81,964 78,472 80,953 56,050 75,743 0 56,212 137,295 101,115 74,840 62,569 56,265 126,000 0 21,833 104,308 44,327

Estimated FTE Building Estimated FTE Estimated FTE Estimated FTE Engineer Position Type 2 Position Type 3 Cleaner 0 0 0 0

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Estimated FTE Other 0