Request for Qualifications RFQu# 19/20-10 for Building ... · Building Systems Commissioning Services Palm Beach State College RFQu 19/20-08 Page 52 of 55 Final CONSULTANT CODE OF

Building Systems Commissioning Services Palm Beach State College

RFQu 19/20-08 Page 1 of 55 Final

Request for Qualifications RFQu# 19/20-10

for Building Systems Commissioning Services

Prepared By: Lenora Sevillian, MBA, CIPP, CPPP, CPCM, LSSGB, SFC, NCN-A, CPe-P

Director, Procurement Department 4200 Congress Avenue, PS#101 Lake Worth, Florida 33461-4796

561-868-3459 [email protected]



TABLE OF CONTENTS

Title Page

Notice to Proposers 3

Background 4

Intent 4

Scope of Work 5

Proposal Submission 16

Administrative Information 18

Instructions for Preparation of Proposals 21

Evaluation and Award (Criteria) 23

General Information 25

Additional Information 30

Ruling Order of Documents 32

Sample RFQu Contract 31-44

Truth-In-Negotiations Form 45

Consultant’s Questionnaire 46-47

Certification Form 48

Reference Check Form 49

E-Verify Form 50

Drug-Free Form 51

Consultant Code of Ethics Form 52

Consultant Verification Form 53

Non-collusion Affidavit 54

Checklist 55

PDF File Attachments (DemandStar)

Specifications

Architectural Drawings Vol. 1

Structural MEP Drawings Vol. 2



NOTICE TO ALL PROPOSERS:

To ensure fair consideration is given for all Proposers, it must be clearly understood that upon release of the proposal and during the proposal process, firms and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact with College employees, department heads or elected officials, up to and including the Palm Beach State College District Board of Trustees. The “cone of silence” is in effect for this solicitation from the date the RFQu is advertised on DemandStar, until the time an award decision has been approved by the Palm Beach State College District Board of Trustees and fully executed by all parties. Such contact may result in the vendor being disqualified. All contact must be coordinated through Ms. Lenora Sevillian, for the procurement of these services. All questions regarding this RFQu or Solicitation are to be submitted in writing to Lenora Sevillian, Director, Procurement via e-mail [email protected], or by phone 561-868-4221. Please reference the RFQu/Solicitation number on all correspondence to the College. All questions, comments and requests for clarification must reference the RFQu / Solicitation number on all correspondence to the College. Any oral communications shall be considered unofficial and non-binding. Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification. *NOTE: All addendums and/or any other correspondence (general information, question and responses) to this RFQu will be made available exclusively through the DemandStar and the College’s website for retrieval. Proposers are solely responsible for frequently checking this website for updates to this RFQu.



READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. PROPOSERS ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS.

1.0 BACKGROUND

Palm Beach State College plans to commission our new single phase 4- story 85,406 G.S.F. Dental Medical Services Technology Building on the Palm Beach State College Dennis P. Gallon Loxahatchee Groves Campus located at 15845 Southern Boulevard, Loxahatchee, Florida 33470. The new Dental Medical Services Technology Building will house the Dental Hygiene and Dental Assisting Programs, the Surgical Technology Program, the Physical Therapy Assisting Program, Science Programs designed to support Biology, Micro Biology, Anatomy & Physiology I & II, Chemistry I & II, Organic Chemistry and the Physical Sciences. This new state of the art building will also house all the faculty offices for these programs as well as General Education Classrooms and support spaces for students, faculty and staff. The building systems commissioning services for the project shall meet all the requirements of the 2018 International Green Construction Code (IGCC). All proposals are to be complete with all the mandatory provisions per the 2018 IGCC Chapter 10 Construction and Plans for Operation. All the required consultants required shall be included in the proposal with a separate line item for each i.e., Acoustical Consultant, Envelope Consultant, Test & Balance, Industrial Hygienist, Environmental Consultant. The owner may elect to hire some of the consultants separately, however, all proposals submitted shall be complete. The project team consists of the following:

Architect: ZYSCOVICH ARCHITECTS Civil Engineer ALAN GERWIG & ASSOCIATES Structural Engineers BLISS & NYITRAY MEP Engineer: JOHNSON, LEVINSON, RAGAN, & DAVILA Landscape Architect SCHMIDT NICHOLS Construction Manager: KAUFMAN LYNN CONSTRUCTION

2.0 INTENT Palm Beach State College (client & owner) is requesting proposals from qualified professional firms and individuals for Building Systems Commissioning Services. The College is committed to commissioning this facility to ensure that all systems are well designed, complete and functioning properly and to provide adequate system documentation, and training per the mandatory code requirements of the 2018 International Green Construction Code. The goal is to establish and document the criteria for all systems’ function, performance, maintainability, then verify and document compliance with the specified criteria for optimal operation. The CxA must remain independent of the work of design and construction for this project. Scope of Work / Specifications have been prepared outlining the services to be provided. Any alternative service(s) may be submitted, in addition to responses to the items requested in the outlined scope of work / specifications and should be preceded with a summary of how the alternative could be more advantageous to the College. Alternative services will be reviewed and considered “value-added” services for the purposes of evaluation and contractual negotiations.

The issuance of this RFQu and receipt of proposals does not commit the College to award approval of an offer to provide services. The College reserves the right to postpone the Proposal Due Date and Time, accept or reject any or all proposals received in response to this RFQu, waive any informality or defect in any proposal, or to cancel all or part of this RFQu if it is in the best interests of the College. All proposals, plans and other documents submitted shall become the property of the College and are considered public information subject to review under Florida’s public records law (F.S. 119).



In addition, the selected Proposer shall be expected to be familiar with and adhere to not only the 2018 International Green Construction Code (IGCC), but also any other laws, rules, or regulations governing commissioning services in the State of Florida. NOTE: The College may not accept proposals from firms, that have had adversarial relationships with the College or firms that have represented entities that have had adversarial relationships with the College. This includes the firm, employees and financial or legal interests.

REQUEST FOR PROPOSALS

Through this RFQu #19/20-10 Building Systems Commissioning Services, the Proposer agrees to perform all work pursuant to this Proposal and all specified scope of services and deliverables, which is incorporated herein by this reference. Palm Beach State College is seeking the services of a qualified firm to provide Building Commissioning Services. The projected schedule: The project is currently in the Design Development Phase scheduled to release 50% CD by February 14, 2020. Contingent on funding the construction is targeted to commence August 2020 with occupancy in June 2022. The construction schedule is in the appendix documents. This RFQu expresses the Colleges’ selection criteria and submittal requirements that must be followed by any individual or entity (hereinafter referred to as the “Proposer”) desiring to present a proposal. The College will consider all qualified responses to this RFQu and evaluate each response based on the selection criteria in accordance with the procedures as set forth herein. The proposals from interested, qualified individuals or firms for RFQu #19/20-10 must be received by the Procurement Department, of Palm Beach State College, 4200 Congress Avenue, PS #101, Lake Worth, Florida 33461-4796, no later than Tuesday, May 19, 2020 @ 2:00PM (ET). 3.0 SCOPE OF WORK

The owner is committed to commissioning this facility, to systematically optimize the building and its ancillary systems, and to meet the mandatory code requirements of the 2018 International Green Construction Code (IGCC) Chapter 10 Construction and Plans for Operation, including the commissioning (Cx) process, building functional and performance testing (FPT), measurement and verification (M&V), energy use reporting, durability, transportation management, erosion and sediment control, construction and indoor air quality (IAQ) during construction. The commissioning agent (CxA) will provide a signed letter of compliance and all suitable documents stating that the completed commissioning process, project design and FPT documentation meet the mandatory requirements of the with the 2018 IGCC. The completed project design and FPT documentation shall be provided to the owner and shall be retained with the project record before termination of contract. The CxA will be hired by the owner and report directly to the owner.

Commissioning services consist of systematically documenting that the specified components and systems have been installed and initiated properly, and of functional testing to verify and document proper operation. The CxA shall coordinate with the architect, engineer, contractor and owner on scheduling, and integrate activities into the overall project schedule for commissioning scope as per the 2018 IGCC Chapter 10 Construction and Plans for Operation and Informative Appendix I Additional Guidance for Function and Performance. Building Systems Functional Performance Testing (FPT) Requirements

Functional and performance testing shall be performed on all building systems specifically referenced in this section using generally accepted engineering standards acceptable to the authority having jurisdiction (AHJ).

An FPT process and system performance requirements shall be incorporated into construction documents and construction schedule of the building project to verify system performance. All the required consultants required should be included in the proposal with a separate line item for each i.e., Acoustical Consultant, Envelope Consultant, Test & Balance, Industrial



Hygienist, Environmental Consultant. The owner may elect to hire some of the consultants separately, however, the proposal is to be complete. FPT process shall be performed for the following:

a. Heating, ventilating, air conditioning, and refrigeration systems (mechanical and passive) and associated controls that exceed total system capacities of 180,000 Btu/h (53,000 W) for cooling, 300,000 Btu/h (88,000 W) for heating, or 10,000 cfm (5000 L/s) for ventilation.

b. Lighting systems over 5 kW in total capaCollege, including automatic and daylighting controls, manual daylighting controls, occupancy-sensing devices, time switching, and automatic shut-off controls.

c. Domestic water-heating systems rated at over 50,000 Btu/h (15,000 W).

d. Water pumping and mixing systems over 5 hp (4 kW).

e. Irrigation systems that use more than 1000 gal (4000 L) per day. Activities Prior to Building Permit for Facilities Using the FPT Process.

The following activities shall be completed before a permit is issued for any system requiring FPT:

a. Designate FPT providers. For systems that are required to comply with 2018 IGCC Chapter 10 Section 1001.3.1.1.1 (10.3.1.1.1), FPT providers shall be owner’s qualified employees, independent commissioning (Cx) providers, or Designate FPT providers. For systems that are required to comply with Section 1001.3.1.1.1 (10.3.1.1.1), FPT providers shall be owner’s qualified employees, independent commissioning (Cx) providers, or qualified designers experienced with FPT on the designated systems. FPT providers shall be independent of the building system design and construction function and shall possess the necessary experience and testing equipment.

b. FPT providers shall review the construction documents to verify that the relevant sensor locations, devices, and control sequences are properly specified; performance and testing criteria are included; and equipment to be tested is accessible for testing and maintenance.

Activities Prior to Building Occupancy for Facilities Using the FPT Process.

Before issuance of a certificate of occupancy, the FPT providers shall complete the following activities:

a. Installation and startup of the specified systems shall be verified.

b. FPT of systems shall be verified.

Exception: Systems for which operation is seasonally dependent, and which cannot be fully commissioned in accordance with the commissioning (Cx) plan at the time of occupancy, shall be commissioned at the earliest operation time, post occupancy, as determined by the FPT providers.

c. The preparation of operation and maintenance (O&M) documentation and warranty information shall be verified. O&M documentation, including the information needed to understand, operate, and maintain the building systems, shall be provided to the building owner and facility manager.

Documentation The completed project design and FPT documentation shall be provided to the owner and shall be retained with the project records.

Acoustical Control

Acoustical Field Measurement Where required by 2018 IGCC Chapter 8 (Section 8), the FPT specified in 2018 IGCC Chapter 10, Sections 1001.3.1.1.2.1.1, (10.3.1.1.2.1.1) through 1001.3.1.1.2.1.3 (10.3.1.1.2.1.3) shall be completed.

A. Sections 1001.3.1.1.2.1.1 - (10.3.1.1.2.1.1) Interior Background Sound Levels - The interior sound level shall be measured in accordance with ANSI S12.72 using a sound level meter in slow-response setting as defined in ANSI/ ASA S1.4. The testing shall include not less than 10% of the rooms of each type specified in Table 801.3.3.2 (8.3.3.2)



that has a prescribed maximum hourly average sound pressure level Leq dBA of 40 or less. The measured performance of the spaces shall not exceed the values specified in Table 801.3.3.2 (8.3.3.2) by greater than 5 dBA or 5 dBC.

B. Sections 1001.3.1.1.2.1.2 - (10.3.1.1.2.1.2) Interior Sound Transmission - The testing of interior sound

transmission shall be in accordance with ASTM E336 with respect to noise isolation class (NIC) and ASTM E1007 with respect to impact sound rating (ISR). Tested NIC values shall not be more than five less than the composite sound transmission class (cSTC) values, and the ISR values shall not exceed 5 less than the impact insulation class (IIC) values in 2018 IGCC Chapter 8 -Table 801.3.3.3 (8.3.3.3). Testing shall be performed on not less than 10% of the partitions between rooms of each type in Table 801.3.3.3 (8.3.3.3) that has a prescribed cSTC or IIC of 50 or higher.

C. Sections 1001.3.1.1.2.1.3 - (10.3.1.1.2.1.3) Property Line Sound - Testing shall be performed at the locations and

times of day or night that are estimated to most likely result in failure and shall be performed with all equipment operating under normal 100% load operation. If day- time test results comply with the nighttime requirements, nighttime testing is not required. The testing shall be in accordance with ANSI/ASA S1.13. The testing results shall comply with the property line noise levels in Table 801.3.3.5.2 (8.3.3.5.2). At the discretion of the AHJ, noise that is not created on the source property need not be included in the reported test results.

Building Project Commissioning (Cx) Process The Cx process shall be performed in accordance with this section using ANSI/ASHRAE/ IES Standard 202 or other generally accepted engineering standards acceptable to the AHJ. The Cx provider shall verify that a Cx process has been incorporated into the design phases of the project and that commissioning shall be incorporated into the construction documents. The Cx process documents that the building and its commissioned components, assemblies, and systems comply with the owner’s project requirements (OPR). The project requirements, including OPR, BoD, design and construction record documentation, training plans and records, O&M plans and procedures, and Cx reports shall be assembled in a systems manual that provides information for building operating and maintenance staff.

Systems to be Commissioned For buildings that exceed 10,000 ft2 (1000 m2) of gross floor area, the Cx process shall be included in the design and construction of the building project. The following systems and associated controls, where included in the building project, shall be commissioned:

a. Systems to be commissioned, as applicable:

Refer to the plans and specifications for sizes and types of equipment. The following systems, including all components and controls, are to be commissioned:

a. Heating, ventilating, air-conditioning, and refrigeration systems (mechanical and/or passive) and associated controls.

b. Air-curtain systems.

c. Lighting systems: automatic and manual daylighting controls, occupancy sensing devices, automatic shut-off controls, time switching, and other lighting control devices, and dimming systems claiming a lighting power allowance for institutional tuning according to Section 701.4.6.1.1(f) [7.4.6.1.1(f)] specified in 2018 IGCC Chapter 7

d. Domestic hot-water systems and controls.

e. Water pumping and mixing systems over 5 hp (4kW) and purification systems.

f. Irrigation system performance that uses more than 1000 gal (4000 L) per day.

g. Renewable energy systems and energy storage systems.

h. Energy and building management and demand-control systems.



b. Cx Activities Prior to Building Permit

The following activities shall be completed prior to issuance of a building permit:

a. A copy of the Cx plan in accordance with ANSI/ASHRAE/IES Standard 202 shall be submitted for review with the building permit application.

b. An approved Cx provider shall be designated by the owner to manage Cx process activities prior to completion of construction documents. The Cx provider shall have the necessary training, experience, and equipment and be independent from the design team and the contractor responsible for the work being commissioned. The Cx provider shall disclose possible conflicts of interest so that objectivity can be confirmed. The Cx team shall include an FPT provider who may also be the Cx provider.

c. Construction phase Cx requirements shall be incorporated into project specifications and other construction documents developed by the design team.

c. Cx Activities Prior to Building Occupancy

The following activities shall be completed prior to issuance of a certificate of occupancy:

a. For the systems being commissioned, verify that commissioning has been completed, installation has been verified, FPT has been performed, and that reporting includes documentation of test results.

Exception: Systems for which operation is seasonally dependent and which cannot be fully commissioned in accordance with the Cx plan at the time of occupancy shall be commissioned at the earliest operation time, post-occupancy, as determined by the Cx provider.

b. The owner shall be provided with a preliminary Cx report per compliance with Section 1001.3.1.3 (10.3.1.3) specified in 2018 IGCC Chapter 10. A copy of the Cx pre-liminary report shall be submitted to the AHJ upon request.

c. The Cx provider shall verify that the owner has been provided with a systems manual that includes the information needed to understand and operate the commissioned systems as designed, including warranty information for the commissioned systems. The systems manual with design and operational information shall be available for building operator and maintenance training.

d. Post- Occupancy Cx Activities

The Cx plan shall contain post-occupancy Cx requirements in accordance with ANSI/ASHRAE/ IES Standard 202. The Cx provider shall provide the owner with a complete system manual, all record documents, and a complete final Cx report in accordance with Standard 202.

Project Cx Documents

The following documents shall be provided: a. Cx Plan. A Cx plan shall be developed by a Cx provider in accordance with ANSI/ASHRAE/IES Standard 202 for all

systems to be commissioned and/or tested

b. Design Review Report. The Cx provider shall provide to the owner and design teams a Cx design review report that complies with ANSI/ASHRAE/IES Standard 202 and details compliance with the OPR. This Cx design review shall not be considered a design peer review or a code or regulatory review.

c. Preliminary Cx Report. The Cx provider shall provide a preliminary Cx report that includes the following information:

I. Performance of commissioned equipment, systems, and assemblies.

II. Issue and resolution logs, including itemization of deficiencies found during testing and commissioning that have not been corrected at the time of report preparation.

III. Deferred tests that cannot be performed at the time of report preparation.

IV. Documentation of the training of operating personnel and building occupants on commissioned systems and a plan for the completion of any deferred trainings that were unable to be fully commissioned at the time of report preparation; and



V. A plan for the completion of commissioning, including climatic and other conditions required for performance of the deferred tests.

d. Preliminary Cx Report. Final Cx Report. The Cx provider shall provide to the owner, prior to project completion, a final Cx report that complies with ANSI/ASHRAE/IES Standard 202.

e. Building Envelope Air- tightness. Building envelope airtightness shall comply with ANSI/ASHRAE/IES Standard 90.1, with the following modifications and additions. Air leakage verification shall be determined in accordance with ANSI/ASHRAE/IES Standard 90.1, Section 5.9.2.2:

1. When implementing the testing option in ANSI/ ASHRAE/IES Standard 90.1, Sections 5.9.2.2(b) and 5.4.3.1.3(a), whole-building pressurization testing shall meet the following requirements:

I. It shall be conducted in accordance with ASTM E779, ASTM E1827, CAN/ CGSB-149.10, CAN/CGSB-149.15, ISO 9972, or equivalent standard by an independent third party.

II. The measured air leakage rate of the building envelope shall not exceed 0.25 cfm/ft2 (1.25 L/s·m2) under a pressure differential of 0.3 in. of water (75 Pa), with this air leakage rate normalized by the sum of the above- and below-grade building envelope areas of the conditioned and semi-heated space.

III. Section 501.4.3.1.3(a) [5.4.3.1.3(a)], Exception (1), is not allowed.

IV. Section 501.4.3.1.3(a) [5.4.3.1.3(a)], Exception (2), is allowed where the measured air leakage rate exceeds 0.25 cfm/ft2 (1.25 L/s·m2) but does not exceed 0.40 cfm/ft2 (2.0 L/s·m2).

2. When implementing the verification program option in ANSI/ASHRAE/IES Standard 90.1, Section 5.9.2.2(a), the air barrier design review shall be performed by an independent third party.

f. Documentation. Owner shall retain the systems manual and final Cx report.

The Commissioning (Cx) Provider and a Functional and Performance Testing (FPT) Provider shall assist with the development of a management plan and the measurement and verification (M&V) of the following:

1. IAQ Construction Management. Develop and implement an IAQ construction management plan to include the following:

A. Air conveyance materials shall be stored and covered so that they remain clean. All filters and controls

shall be in place and operational when HVAC systems are operated during building flush – out or baseline IAQ monitoring. Except for system startup, testing, balancing, and commissioning, permanent HVAC systems shall not be used during construction.

B. After construction ends, prior to occupancy and with all interior finishes installed, a post construction,

preoccupancy building flush out as described under Section 1001.3.1.5(b) (1) or post construction, preoccupancy baseline IAQ monitoring as described under Section 1001.3.1.5 (b) specified in 2018 IGCC Chapter 10 shall be performed:

2. Soil-Gas Control. The building shall be tested, post construction, for radon in accordance with ANSI/AARST MALB. The indoor radon concentration shall be below 2.7 pCi/L (100 Bq/m3). Where radon testing indicates that the indoor radon concentration is 2.7 pCi/L (100 Bq/m3) or greater, radon mitigation shall be conducted in accordance with ANSI/AARST RMS-LB, and the building shall be retested to verify that the radon concentration is below 2.7 pCi/L (100 Bq/m3).

3. Plans for Operation and Initial Measurement and Verification (M&V) The following items to be included in plans for operation of a building project that falls under the requirements of the IGCC 2018 Code Chapter 10.

A. High-Performance Building Operation Plan. A master building plan for operation shall be developed that meets the requirements specified in Sections 1001.3.2.1.1 (10.3.2.1.1) through 1001.3.2.1.5 (10.3.2.1.5). specified in 2018 IGCC Chapter 10



Site Sustainability. A site sustainability portion of the plan for operation shall be developed and shall contain the following provisions:

a. Where trees and vegetation are used to comply with the shade requirements of Section 501.3.5 (5.3.5), the plan for operation shall include the maintenance procedures needed to maintain healthy vegetation growth. The plan shall also outline the procedures for replacing any vegetation used to comply with the provisions in Chapter 5 (Section 5).

b. For roof surface materials selected to comply with the requirements of Section 501.3.5.3 (5.3.5.3), the plan for operation shall include the maintenance procedures for keeping the roof surfaces cleaned in accordance with manufacturer’s recommendations.

c. For vegetated terrace and roofing systems selected to comply with Section 501.3.5.5 (5.3.5.5), the plan for operation shall include the maintenance procedures needed to maintain healthy vegetation growth and roof mem- brane system. The plan shall also outline the procedures for replacing any vegetation used to comply with the provisions in Chapter 5 (Section 5).

B. Water Use Efficiency. The plan for operation shall specify water use verification activities for building

projects to track and assess building water consumption. The plan shall describe the procedures needed to comply with the requirements outlined below.

a. Initial M&V. Use the water measurement devices and collection/ storage infrastructure specified in Section 601.3.3 (6.3.3) to collect and store water use data for each device, starting no later than after building acceptance testing has been completed and certificate of occupancy has been issued.

b. Track and Assess Water Use. The plan shall specify the procedures for tracking and assessing the building project water use and the frequency for benchmark comparisons. The initial assessment shall be completed after 12 months but no later than 18 months after a certificate of occupancy has been issued. Ongoing assessments shall be completed at least every three years. The plan shall include the following:

I. Water use reports. Develop a plan for collecting building project water use data for water sources and subsystems measured in Section 601.3.3 (6.3.3).

II. Benchmark water performance. Develop a plan to enter building operating characteristics and water use data into the ENERGY STAR Portfolio Manager. For building parameter inputs into Portfolio Manager (Informative Note: e.g., number of occupants, hours of operation, etc.), use actual average values.

III. Assess water use performance. Develop a plan to assess building project water use efficiency.

c. Documentation of Water Use. All documents associated with the M&V of the building’s water use shall be retained by the owner for a minimum of three years.

C. Energy Efficiency. The plan for operation shall specify energy performance verification activities for

building projects to track and assess building energy performance. The plan shall describe the procedures needed to comply with the requirements outlined in the following subsections.

a. Initial M&V. Use the energy measurement devices and collection/ storage infrastructure specified in Section 701.3.3 (7.3.3) to collect and store energy data for each device, starting no later than after acceptance testing has been completed and certificate of occupancy has been issued.

b. Track and Assess Energy Consumption. The plan for operation shall specify the procedures for tracking and assessing the building project energy performance and the frequency for benchmark comparisons. The initial assessment shall be completed after 12 months but no later than 18 months after a certificate of occupancy has been issued. Ongoing assessments shall be completed at least every three years. The plan shall include the following:

I. Energy use reports. Develop a plan for collecting building project energy data for energy sources and system energy loads measured in Section 701.3.3 (7.3.3) referenced in IGCC 2018 code. The reports shall include the following, as a minimum:

1. Hourly load profile for each day.



2. Monthly average daily load profile.

3. Monthly and annual energy use; and

4. Monthly and annual peak demand.

II. Track energy performance. Develop a plan to enter building operating characteristics and energy consumption data into the ENERGY STAR Portfolio Manager for those building types addressed by this program to track building performance. For building parameter inputs into Portfolio Manager (Informative Note: e.g., number of occupants, hours of operation, number of PCs, etc.), use actual average values.

III. Assess energy performance. Develop a plan to assess building project energy performance.

c. Documentation of Energy Efficiency. All documents associated with the M&V of the building’s energy efficiency shall be retained by owner.

D. Indoor Air Quality (IAQ). The plan for operation shall include the requirements of Chapter 8 (Section 8)

of ASHRAE Standard 62.1 and shall describe additional procedures, as outlined in below and in Sections 1001.3.2.1.4.1 (10.3.2.1.4.1) through (10.3.2.1.4.6) in Chapter 10 of IGCC 2018 for implementing a regular indoor environmental quality M&V program after building occupancy.

a. Outdoor Air-flow Measurement. The plan for operation shall document procedures for implementing a regular outdoor airflow monitoring program after building occupancy and shall meet the following requirements:

I. For each mechanical ventilation system where direct outdoor airflow measurement is required according to Section 801.3.1.2 (8.3.1.2), a procedure shall be in place to respond when there is notification that the minimum outdoor airflow is in an outdoor air fault condition. For systems that use a damper indicator instead of a direct measurement, per the exception to Section 801.3.1.2 (8.3.1.2), a procedure shall be in place to respond when there is notification that the indicator identifies that the damper is out of position.

II. For each mechanical ventilation system where direct minimum outdoor airflow measurement is required according to Section 801.3.1.2 (8.3.1.2), the minimum outdoor airflow shall be recorded every three months in either electronic or written form.

III. For systems that use a damper indicator per the exception to Section 801.3.1.2 (8.3.1.2), the minimum outdoor airflow shall be measured and recorded in either electronic or written form every two years for air-handling systems with a design supply airflow rate of more than 2000 cfm (1000 L/s). The minimum outdoor airflow shall be measured using methods as described in ANSI/ASHRAE Standard 111 and with an accuracy of ±10% or better.

b. Outdoor Air-flow Scheduling. Ventilation systems shall be operated such that spaces are ventilated when these spaces are expected to be occupied.

c. Outdoor Air-flow Documentation. The following documentation shall be maintained concerning outdoor airflow M&V:

I. A list of each air system requiring direct outdoor airflow measurement.

II. Monitoring procedures and monitoring frequencies for each monitored sensing device, including a description of the specific response measures to be taken if needed.

III. Ventilation systems shall be operated such that spaces are ventilated when these spaces are expected to be occupied.

IV. Operation and calibration check procedures and the records associated with operation checks and recalibration.

d. Indoor Air Quality (IAQ). Plan for Operation shall document procedures for maintaining and monitoring IAQ after building occupancy and shall contain the following:



I. For buildings located in non-attainments areas for PM2.5, as defined by USEPA, air filtration and/or air cleaning equipment, as defined in Section 801.3.1.3(a) [8.3.1.3(a)], shall be operated continuously during occupied hours or when the USEPA Air Quality Index exceeds 100 or equivalent designation by the local authorities for PM2.5.

Exception: Spaces without mechanical ventilation.

II. For buildings located in non-attainments areas for ozone, as defined by the USEPA, air cleaning equipment, as defined in Section 801.3.1.3(b) [8.3.1.3(b)], shall be operated continuously during occupied hours during the local summer and fall seasons or when the USEPA Air Quality Index exceeds 100 or equivalent designations by the local authorities for ozone.

Exception: Spaces without mechanical ventilation.

III. Biennial monitoring of IAQ by one of the following methods:

1. Performing IAQ testing as described in Section 1001.3.1.4 (10.3.1.4).

2. Monitoring occupant perceptions of IAQ by any method, including but not limited to occupant questionnaires.

3. Each building shall have an occupant complaint/response program for IEQ.

IV. For buildings where radon mitigation is required under Section 1001.3.1.9 (10.3.1.9), operation, maintenance, and monitoring procedures shall include all the following:

1. Quarterly inspection to verify operation of fans and other mechanical components.

2. Biennial radon testing in accordance with AARST MALB to verify that radon concentrations remain below 2.7 pCi/L (100 Bq/ m3). Where radon testing indicates that the indoor radon concentration is 2.7 pCi/L (100 Bq/m3) or greater, mitigation shall be conducted in accordance with AARST RMS-LB, and the building shall be retested to verify that the radon concentration is below 2.7 pCi/L (100 Bq/m3).

Where the required effective- ness of mitigation systems are consistently demonstrated for a period of not less than eight years, and such systems are inspected quarterly to verify fan operation, radon testing shall be repeated at intervals of not less than every five years.

3. Biennial inspection and repair as needed for mitigation system performance indicators, fans, and visible mitigation system components, including piping, fasteners, supports labels, and soil-gas barrier closures at exposed membranes, sumps and interior space.

4. Documentation and retention of inspection and repair records and testing reports.

e. Building Green Cleaning Plan. A green cleaning plan shall be developed for the building project in compliance with Green Seal Standard GS-42.

Exception: Dwelling units of a building project.

f. Moisture Measurement. The plan for operation shall document procedures for implementing a regular humidity sensor monitoring program after building occupancy. Such procedures shall include provisions for the following:

I. For systems complying with Section 801.3.1.4 (8.3.1.4), referenced in Chapter 8 IGCC 2018 using relative humidity sensors to determine HVAC zone relative humidity directly, or using dew-point and zone temperature sensors to determine HVAC zone relative humidity indirectly, the relative humidity determined shall be checked annually and compared to the relative humidity established using methods described in ASHRAE Standard 111.

II. Sensors shall be cleaned or repaired and recalibrated as necessary to ensure that sensor measurements are within 10% of actual relative humidity measurements.



g. Document all M&V data.

E. Indoor Environmental Quality Survey. The plan for operation shall include an indoor environmental quality occupant survey complying with all the following:

a. The survey shall be implemented within a period of 6 to 18 months after issuance of the certificate of occupancy. The survey shall be repeated not less often than once every three years.

b. The survey questions shall include satisfaction questions and diagnostic questions for IAQ, lighting, acoustics, and thermal comfort. The survey questions shall use a seven-point satisfaction scale and comply with ANSI/ ASHRAE Standard 55, Section 7.3.1.1.

c. A plan for reporting the survey results shall be produced that includes the following:

I. The survey report shall state where the response rate was less than the response rates specified in ASHRAE Standard 55, Section 7.3.1.

II. The survey report shall indicate the per-centage of satisfaction for each question in accordance with ASHRAE Standard 55, Section 7.4.1(a).

III. The percentage satisfaction results shall be compared to a nationally recognized survey benchmarking database where the building occupancy category is represented in the databases of nationally recognized organizations.

F. Maintenance Plan. A maintenance plan shall be developed for mechanical, electrical, plumbing, and fire protection systems. The plan shall include the following:

a. The plan shall be in accordance with ANSI/ ASHRAE/ACCA Standard 180 for HVAC systems in buildings that meet the definition of commercial buildings in ASHRAE/ACCA Standard 180.

b. The plan shall address all elements of ASHRAE/ ACCA Standard 180, Section 4, and shall develop required inspection and maintenance tasks similar to ASHRAE/ACCA Standard 180, Section 5, for electrical and plumbing systems in buildings that meet the definition of commercial buildings in ASHRAE/ACCA Standard 180.

c. Outdoor air delivery monitors required by Section 801.3.1.2 (8.3.1.2) shall be visually inspected at least once each quarter and cleaned or repaired, as necessary, and calibrated at the manufacturer’s recommended interval or not less than once per year, whichever is more frequent.

d. For systems with a damper indicator and with less than 2000 cfm (1000 L/s) of supply air, the system components that control the minimum outdoor airflow shall be visually inspected every two years. Records of this inspection shall be maintained on-site either in electronic or written form.

e. Documentation of the plan and of completed maintenance procedures shall always be maintained on the building site in:

a. Electronic format for storage on the building energy management system (EMS), building management system (BMS), computerized maintenance management system (CMMS), or other computer storage means, or maintenance manuals specifically developed and maintained for documenting completed maintenance activities.

Overview of the Cx Process. Table I101.2 (I1.2) specified in 2018 IGCC Informative Appendix provides an overview of activities, documentation, and responsibilities that should be included in the Cx process.

Table I101.2 (I1.2)

TYPICAL CX PROCESS ACTIVITIES, DELIVERABLES, AND RESPONSIBILITIES

ITEM ACTIVITY DELIVERABLE PROVIDED BY

1 Owner’s project requirements OPR document Owner with assistance from

design and Cx teams

2 Basis of Design BoD document Design team with assistance from contractor and Cx teams



CX DOCUMENTATION

The Cx process should result in the following deliverables.

1. Typical Elements Included in Owner’s Project Requirements (OPR). The OPR is a document developed by the owner with assistance from the design and Cx teams that details the requirements of a project and the expectations for how it will be used and operated. The OPR should include project goals, measurable performance criteria, cost considerations, benchmarks, success criteria, and supporting information. The term “project intent” or “design intent” is used by some owners for their Cx process OPR.

The OPR document should address the following for the commissioned systems:

a. Facility objectives, size, location, user requirements, and owner directives, including space use and occupancy/operations schedules and special project requirements.

b. Applicable codes and standards, in addition to local building codes (Informative note: e.g., International Building Code), and environmental, sustainability, and efficiency goals and benchmarks.

c. Indoor environment requirements, including temperature, humidity, and ventilation.

d. Cx process scope and requirements; listing of equipment; systems and assemblies requiring commissioning, including installation, evaluation, and testing requirements; and commissioning (Cx) plan and report formats and distribution requirements. Sampling procedures, if permitted, for all reviews, evaluations, and testing should be detailed.

e. Equipment, systems, and assemblies’ requirements, expectations, and warranty provisions.

f. Maintainability, access, and operational performance requirements.

g. Project documentation requirements, including formats and delivery schedules for Basis of Design (BoD), Cx specifications, Cx plan and reports, equipment submittals, and the systems manual; documentation reviews, approvals, and distribution during design and construction phases

2. Basis of Design (BoD). The BoD is a document developed by the design team with assistance from the Cx teams that records the concepts, calculations, decisions, and product selections used to meet the OPR and to satisfy applicable regulatory requirements, standards, and guidelines. The document should include both narrative descriptions and lists of individual items that support the design process, including the following:

a. A detailed description of the design team’s technical approach to, and assumptions about, the OPR.

3 Cx plan Cx plan document Cx provider with input from

owner, design team, and

contractor

4 Contractor Cx requirements Cx specifications Design team and Cx provider

5 Design review Cx design review report Cx provider

6 Submittal review Submittal review report Cx provider

7 Commissioning designated systems inspections, functional and performance testing

Installation, inspection, functional test

reports, performance test reports

Contractors, manufacturers, Cx

provider and team

8 Issue and resolution log Issue and resolution logs Cx provider and team

9 Systems manual Systems manual Contractors with review by Cx provider

10 Training Training plan and reports Contactor and manufacturers

with review by Cx provider

11 Preliminary Cx report Preliminary Cx report Cx provider

12 Cx activities during occupancy Additional information and updates to

reports Cx provider and building operations

13 Final Cx report Final Cx report Cx provider



b. A platform for the review of the design and for changes as the project progresses.

c. A detailed description addressing coordination of applicable technical and code requirements.

3. Cx Plan. A Cx plan is a document developed by a Cx provider that should include the following:

a. An overview of the Cx process developed specifically for the project.

b. The roles and responsibilities of the Cx provider and the Cx team through final commissioning activities.

c. Documentation of communication channels and processes, including distribution of the Cx plan, logs, testing documents, and reports during the design and construction processes.

d. A detailed description and schedule of Cx process activities and the list of operations, systems, and assemblies that will be commissioned, and a description of performance criteria where not shown on the construction documents.

e. The project design documentation and submittal review procedures and reports.

f. Inspection checklists and testing forms, issues and resolution log, and Cx progress reports to be used during the project to communicate and track commissioning and inspection process information, including format, approvals, and distribution.

g. The procedures to follow for resolution where the Cx evaluation does not meet the OPR.

4. Cx Specifications. For construction or renovation projects requiring contract documents, the owner shall require by agreement that the design/construction team include Cx specifications in the project contract documents. The Cx specification should require compliance with the OPR and with the Cx process contained in the project’s Cx plan as detailed in the IGCC 2018 code.

5. Cx Design Review Report. The Cx provider shall provide a design review (Cx Design Review Report) to the owner and design teams to report compliance with the OPR and BoD. This Cx design review is not intended to replace a design peer review or a code or regulatory review.

6. Record Documents. Record documents should be provided to the owner upon project completion. The record documents shall be accessible to the building operations and maintenance personnel, be included in the systems manual, and include all the following:

a. Approved construction documents, including record plans and specifications.

b. Approved submittals and coordination drawings. This documentation should show the actual locations of equipment, systems, and assemblies, such as piping, ductwork, valves, controls, access panels, electrical equipment, plumbing equipment, lighting and other operating components and systems. The record documents should particularly note equipment locations that are concealed or are installed in locations other than those indicated on the approved construction documents.

c. Engineering and institutional control information for sites that have previously been a brownfield or that have required environmental corrective action, remediation, or restoration at the federal, state, or local level.

7. Systems Manual. A systems manual should be provided to an owner for use in building operations training. The systems manual should be made accessible to building operations and maintenance (O&M) personnel and should be updated and maintained by an owner for the life of the building. A systems manual should include the following:

a. Facility design and construction documents, including the following:

I. OPR and BoD.

II. Construction record documents, including drawings, specifications, and approved submittals.

b. Facility systems and assembly’s information, including the following:

I. Manufacturer’s O&M data for installed equipment systems and assemblies.

II. Warranties and certificate of occupancy.

III. Contractor and supplier listing and contact information.

c. A facility operations guide, including an operating plan, building and equipment operating schedules, set points and ranges, verified sequences of operation, system and equipment limitations, and emergency procedures.

d. Where training is provided, training plans, materials, and records.



e. A final commissioning report.

8. Preliminary Cx Report. A preliminary Cx report should be provided by the Cx provider and should include the following information:

a. Performance of commissioned equipment, systems, and assemblies.

b. Issue and resolution logs, including itemization of deficiencies found during testing and commissioning that have not been corrected at the time of report preparation.

c. Deferred tests that cannot be performed at the time of report preparation.

d. A plan for the completion of Cx activities and training, including climatic and other conditions required for performance of the deferred tests.

9. Final Cx Report. A final Cx report should be provided by the Cx provider and should include the following information:

a. A copy of the final Cx plan, including FPT procedures used during the Cx process, including measurable criteria for test acceptance.

b. A copy of the final OPR, BoD, and design and submittal reviews as required by the Cx plan if not included in the submitted systems manual.

c. Results of all evaluations, startup data, FPT, and reports by suppliers, contractors, observers, and Cx providers.

d. Issue logs and disposition of all deficiencies found during testing, including details of corrective measures used or proposed.

e. Equipment, systems, and assemblies repaired or replaced and adjustments to calibration.

f. Documentation of equipment and systems sequences and settings, which are typically submitted in the final sequence of operation and in the systems manual.

g. A resolution plan identifying all the issues unresolved and incomplete at the end of the project.

4.0 PROPOSAL SUBMISSION

The submission of proposals may be submitted electronically through DemandStar by Proposers responding to this RFQu. All submittals must be compatible with Microsoft Office 2007. E-Bidding will be done through a secure locked box. The Proposer can only view/submit his/her E-Bid and will not have access to any other Proposer’s submittals. The Proposer’s E-Proposal may be changed at the Proposer’s discretion until the RFQu Due Date and Time is reached. The Proposer will no longer be allowed to change or have access to the electronic bid submittal after the RFQu Due Date and Time as the College will open all proposals on said date. Any Proposer who is submitting an E-Proposal for the first time is strongly encouraged to contact DemandStar by e-mailing questions to [email protected].

All proposals shall be submitted by completing and returning the Questionnaire and other required documents. The Questionnaire should be typed or printed and signed in blue ink. All submittals are required to be electronic and be contained in one (1) file. No hard copies will be accepted.

A. Request for Qualifications (RFQu) Specifications, #19/20-10 from Onvia.

B. Download the Proposal Reply and save to your hard drive, program is in Word 2007 Professional.

Enter information requested on the Consultant’s Questionnaire / Checklist.

C. Electronically sign the Proposal Reply where indicated. D. Upload in one file and in the following order the Proposal Reply for RFQu# 19/20-10, proposal

response formatted as instructed on (Pages 20-22), then add documents starting from (Pages 45-55)

mailto:[email protected]



only: W9, current Certificate of Insurance, license, 5 references, E-verify, Drug Free Workplace form, and RFQu-Proposal checklist, onto Demandstar in one file by the due date and time. Acknowledge all Addenda on the Proposal Reply. Additional documents should be submitted in the order of the question in the proposal reply.

E. The Submit button at the bottom of the page must be selected to send the documents.

*** Only electronic replies are required. No hard copies will be accepted. Please limit entire submittal to no more than 100mb ***

NOTE: The College may not accept proposals from firms, that have had adversarial relationships with the College or firms that have represented entities that have had adversarial relationships with the College. This includes the firm, employees and financial or legal interests. The College will not enter into a contract or conduct business with any firm or any personnel that is listed on the Federal, State, or other local government agencies' Excluded Parties List, Suspended List or Debarment List. CAUTION It is the sole responsibility of the Proposer to assure that his or her submittal is uploaded to DemandStar on or before the RFQu Due Date and Time. The College shall in no way whatsoever be responsible for any delays caused by any power outages or internet failures. No exceptions will be made.

NOTICE OF PROPOSALS BEING PUBLIC RECORDS Any material that is submitted in response to this RFQu, may become a public document pursuant to Chapter 119 of the Florida Statutes. If information submitted in response to a procurement is believed to be confidential, proprietary or trade secret information, the responding entity should identify the information as such in writing and submit it in a separate responsive package. Palm Beach State College will comply with all public record laws, including those exempting disclosure of trade secret information pursuant to Florida law. Proposer is solely responsible for all cost and actions associated with any litigation or challenge as to the exemption of any materials submitted.

5.0 PROPOSAL SUBMISSION DEADLINE Proposals shall be submitted no later than the Proposal Deadline time and date. Proposers shall respond to the written RFQu and any exhibits, attachments, or amendments. A Proposer’s failure to submit a proposal as required before the deadline shall cause their proposal to be disqualified. Under no circumstances shall proposals delivered to or received by the College after the RFQu Due Date and Time be accepted or considered. Late proposals will be returned to the Proposer unopened. It is the sole responsibility of the Proposer to ensure that the proposal reaches the Procurement Management Department on or before the RFQu Due Date and Time. The College shall in no way be responsible for any delays arising from or caused by any occurrence whatsoever in its receipt of any proposals after the RFQu Due Date and Time. No exceptions will be made. 5.1 Proposal Due Date Tuesday, May 19, 2020 @ 2:00PM (ET) 5.2 Pre-Proposal Conference

The College will hold one Pre-Proposal Conference: Monday, April 27, 2020 @ 10:00AM (ET) this will be virtual via Skype for Business or Zoom.

Attendance at the Pre-Proposal Conference is voluntary and not a pre-requisite to submitting a Proposal; however, it is strongly encouraged that all potential Proposers attend.



TENTATIVE SCHEDULE

The following projected timetable should be used as a working guide for planning purposes. The College reserves the right to adjust this timetable as required during the course of the RFQu process.

It is the intent of the College to have this project completed within a limited time frame. Therefore, priority will be given to firms who recognize and display the ability to work within the restrictions of the following tentative schedule:

REVIEW AND SELECTION PROCESS

ACTION DATE TIME

Advertisement with Onvia DemandStar Friday, April 17, 2020

Pre-Proposal Conference (virtual) Monday, April 27, 2020 10:00AM (EST)

Questions Due Tuesday, April 28, 2020 5:00PM (EST

Answers Posted on DemandStar Monday, May 4, 2020 5:00PM (EST)

Proposals Due Tuesday, May 19, 2020 2:00 PM (EST)

Evaluation Committee Meeting* (virtual) Thursday, May 28, 2020 9:30AM (EST)

Proposer Interviews / Presentations - virtual (if required) Thursday, May 28, 2020 And

Friday, May 29, 2020

10:00AM – 12:30PM (EST)

** Approval to Execute Contract (if required) Tuesday, June 16, 2020 4:00PM (EST)

* Evaluation Committee will meet in the (location to be determined). **District Board of Trustee Meetings are held at 4:00PM once per month, location varies. Please check College’s website at https://www.palmbeachstate.edu/boardoftrustees/public-notices.aspx to confirm time. 6.0 PROPOSAL QUESTIONS

All questions related to the RFQu must be directed to Lenora Sevillian, Director in the Procurement Department. All communication should be in writing to the RFQu Facilitator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number. Questions may be emailed to [email protected].

6.1 Questions Due Date Tuesday, April 28, 2020 @ 5:00PM (EST) Late questions will not be accepted or answered.

6.2 Answers Posted Monday, May 4, 2020 @ 5:00PM (EST)

7.0 ADMINISTRATIVE INFORMATION Incorporation of Proposal into the contract: The contents of this proposal and the selected Proposer’s response and any negotiated changes are to be incorporated, in its entirety, into the Contract.

7.1 RFQu Facilitator: The main point of contact for this RFQu shall be:

https://www.palmbeachstate.edu/boardoftrustees/public-notices.aspx




Lenora Sevillian, MBA, CIPP, CPPP, CPCM, LSSGB, SFC, NCN-A, CPe-P

Director, Procurement 4200 Congress Avenue, PS #101 Lake Worth, Florida 33461-4796 E-mail: [email protected]

The main point of contact shall hereinafter be referred to as the RFQu Facilitator.

7.2 Communications Regarding the RFQu: 7.2.1 Communications Paragraph / Restrictive

During the proposal process, firms shall not contact College staff. Additionally, firms and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact outside the College offices with College employees, including District Board of Trustee members. Such contact may result in the vendor being disqualified. All contact must be coordinated through Lenora Sevillian, RFQu Facilitator, for this procurement.

7.2.2 Upon release of this RFQu, all proposer communications concerning this procurement must be

directed to the RFQu Facilitator.

7.2.3 All communication should be in writing to the RFQu Facilitator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number and should be submitted no later than Tuesday, April 28, 2020 no later than 5:00PM (ET)

7.2.4 The College shall respond in writing to written communications. Such response shall constitute an

addendum to the RFQu. Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

7.3 Proposal Preparation Costs:

The College shall not be responsible or liable for any costs associated with the preparation, submittal, presentation, or other costs incurred by participating in this procurement process.

7.4 Proposal Withdrawal: A proposing Firm may withdraw their Proposal by submitting a written request for its withdrawal, such request having the signature of an authorized company representative, to the College RFQu Facilitator at any time prior to the submission deadline. The Firm may thereafter submit a new Proposal prior to the deadline. Modifications offered after the deadline and before the BAFO (if applicable) process will not be considered.

7.5 Proposal Amendment: The College shall not accept any amendments, revisions, or alterations to proposals after the deadline for submittal unless such is formally requested in writing.




7.6 Ambiguity, Conflict or Errors in RFQu:

Due care and diligence have been used in the preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer.

If a firm discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQu, he shall immediately notify the College of such error in writing and request modification or clarification of the document. Any modification made to this RFQu will be issued as an addendum. Written notice will be given to all parties who have been furnished with the RFQu without divulging the source of the request.

If a firm fails to notify the College prior to the date and time fixed for submission of an error or ambiguity in the RFQu known to him, or an error or ambiguity that reasonably should have been known to him, he shall not be entitled to additional time by reason of the error/ambiguity or its late resolution.

The College may also modify the RFQu prior to the date and time fixed for submission of proposals by issuance/posting of an addendum. All addenda will be numbered consecutively beginning with 1.

7.7 Proposal Acceptance Period: Each proposal shall be valid for a period of one hundred twenty (120) days after the RFQu submission deadline date to allow time for evaluation, selection, and any unforeseen delays. The one hundred twenty (120) days may be extended upon agreement of the parties.

7.8 Right to Rejection:

7.8.1 The Palm Beach State College reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFQu entirely if determined to be in the best interest of the College. Any firm who is currently involved, either directly or indirectly with any litigation against or involving the College, which, as determined by the Palm Beach State College District Board of Trustees majority vote, may not be in the best interest of the College may be disqualified and/or not considered for an award

7.8.2 Any proposal received which does not meet the requirements of this RFQu may be considered non-

responsive, and the proposal may be rejected. Proposers must comply with all the terms of this RFQu and all applicable federal, state and local laws and regulations. The College may reject any proposal that does not comply with all the terms, conditions, and performance requirements of this RFQu.

7.8.3 The College reserves the right, at its sole discretion, to waive any technicality in proposals provided

such action is in the best interest of College. Where the College waives minor technicalities in proposal, such waiver does not modify the RFQu requirements or excuse the proposer from full compliance with the RFQu. Notwithstanding any minor technicalities, the College may hold any proposer to strict compliance with the RFQu.

7.9 Implied Requirements: Products and services not specifically mentioned in this RFQu, but which are necessary to provide the service

described by this RFQu, shall be included in the proposal. It is intended that this RFQu describe the requirements and response format in sufficient detail to secure comparable proposals.

7.10 Proposal of Additional Services:

If a proposer indicates an offer of services in addition to those required by and described in this RFQu, these additional services may be added to the original contract at the sole discretion of the College.



8.0 INSTRUCTIONS FOR PREPARATION OF PROPOSALS A. Qualification Information. The submitted response to the RFQu must contain detailed and concise qualifications of

the Firm and personnel. Proposal Firms should respond in enough detail so that the specific guidelines and purpose are clearly represented. The response to the RFQu must include information as described below and as addressed in criteria.

B. Organization. Such materials should be organized in the following format:

1. Cover letter including name, address, phone number, date of submission, name and number of this solicitation. (Not to exceed one (1) page.)

2. Table of contents. 3. Executive summary. This section should include the Firm’s overall concept of the working relationship that will

be required to successfully complete this project. The proposer shall provide an executive summary narrative containing information that indicates an understanding of the overall need for and purpose of the services presented in the RFQu.

4. Qualifications and experience of the firm and commissioning team, capabilities, resources and key differentiators.

5. Firm’s response, approach, and philosophy for approaching the Building Systems Commissioning project. This would include assumptions, expectations and documentation required from the client (College) and the project team to support the commissioning activity.

6. Firm’s current contracts for like projects. 7. Firm’s address of its local and national office. 8. Prior litigation, arbitration, and professional claims, including those involving the College. Any pending

agreements to merge or sell your company. 9. References for similar projects within the last two (2) years. Note: Palm Beach State College “may not”

be used as a reference if you are currently doing business with the College.

10. Submittals shall be limited to a total of 20 pages (2 sided pages, excluding cover letter, front and back cover, and attachments). Proposals shall provide in detail all the information the Proposer considers pertinent to its qualifications for this project as requested in this RFQu.

C. Management Plan. This section shall describe the Firm’s detailed plans for accomplishing the objectives required to deliver project. It should include methods for planning, organizing, scheduling, coordinating, and administering the total effort. Explain the overall approach to the project. Provide professional information about the consulting team. Identify a proposed project manager responsible for day-to-day tasks and their experience with projects of a similar nature and scope.

Project Experience. Discuss three examples of projects reflective of the subject of this RFQu that represent the project team’s experience, with at least one project of similar scale and complexity. Attach samples of these projects to be submitted with the proposal.

Building Commissioning Experience. Discuss experience with projects that required commissioning and engagement. Identify the type of project, the specifics of the process utilized for final reporting.

D. Current Contracts. This section should show obligations that could pose a potential conflict of interest and any current College contracts in effect.

E. Firm’s Location. This section should include a statement that shows the consultant’s knowledge of local

circumstances, the area, along with market knowledge of the College’s services, customers and stakeholders.



F. Firm’s Work Plans. This section should include, but is not limited to, all reports derived from the commissioning service process to achieve the deliverables as outlined in the scope of work for a successful Building Systems Commissioning Service plan. Outline the specific approach to a project of this nature, and the overall understanding of what, why and how the services benefit the College.

G. Prior Litigation, Arbitration, and Claims, Including with College. This section should list all professional related litigation, arbitration or claims involving your Firm and sub-contractors, inclusive of any litigation, arbitration or claims involving the Palm Beach State College.

H. Other Material. Please include any additional material that may assist the College in evaluating the proposals and

approach to the project. Pre-printed advertisements, brochures, and promotional material may be attached as additional information, but shall not serve as a substitute for a specific response. Attachment of brochures instead of the written response request will be grounds for disqualification or devaluation. A simple “yes” or “no” answer alone will not be acceptable unless clearly requested; an explanation shall be provided for each question/issue listed in this response outline. However, clarity and brevity of presentation, not length, will be favorably considered.

I. Proposed Schedule. This section shall include a detailed breakdown and timelines for achieving the scope of work,

with a delineation of assigned staff for each task associated with the project. Provide a proposed schedule for the project, including a timeline of elements and final product delivery. The consultant must have sufficient equipment and personnel for back-up and/or emergencies to assure prompt scheduling and completion of services within the schedule.

J. Financial Stability. Financial strength and competence, responsibility of the firm or entity, ensuring the stability of

future operations. Financial Disclosure; • Financial Statements: Proposer will provide annual financial statements for the last two (2) calendar years

for your organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Proposer is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided.

• Provide evidence of insurability and Bonding Capability. Disclosure of Litigation; • List all performance related legal claims, litigation, demands, contracts terminated due to non-performance,

lawsuits filed, threatened, pending and settlements involved in over the last five (5) years • Identify adverse actions sanctioned by any regulatory authorities over the last five (5) years • Within the last five years, whether the proposer has defaulted on a contract to provide Employee Medical

Clinics and any litigation regarding such contracts; cancellation of, or failure to be renewed, for alleged fault of the part of your company. Provide specific information regarding the aforementioned.

• Any suspension or debarment by any government entity; any prior conviction for bribery theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, any prior violation of College or County ethical standards.



9.0 EVALUATION AND AWARD

The Evaluation Committee will consider many evaluation factors (of which the financial stability of the firm is only one factor) and will receive proposals from all responsible applicants. All proposals received by the specified deadline will be reviewed and evaluated consistently with the College’s Selection Policy. Before the final evaluation and ranking of Proposal Firms is complete, the College may choose to interview Proposal Firms found to be among the most qualified, or short-listed. The firms will be ranked based on final evaluation and a recommendation will be submitted to the College Council for permission to begin negotiations with the Firm that received the highest evaluation score. Each category shall be weighted as follows, and one hundred (100) points are the maximum total number of points that can be awarded to a proposal. The evaluation will be based upon the following elements of the proposals:

CRITERIA MAXIMUM SCORE

A. Qualifications, experience and organizational profile. This includes the number of years in business, a minimum of five (5) years’ experience commissioning for a public or private entity of like size, nature, and complexity in the area of building commissioning.

Authorized to do business in the State of Florida. Business tax receipts from the County or College.

45

B. Demonstrated ability to deliver desired services and required reports to establish a solid foundation for function, performance and maintainability for the College. Capability, capacity and ability to meet the guidelines as outlined in the scope of services and plan of operation for developing the building systems commissioning.

Organization, presentation and content of proposal.

Project understanding and approach.

Questions and answers related to panel interviews if selected and required. (This will be at the discretion of the College and the Evaluation Committee if they deem it necessary to conduct interviews.)

30

C. References for similar projects from governmental agencies / public entities performed within the last two (2) years. Submission of five (5) written reference letters included with proposal. (Note: Palm Beach State College “may not” be used as a reference).

15

E. Value-added services (optional – to be contracted at the discretion of the College) Services beyond the scope of work.

10

F. Financial Stability Financial strength and competence, responsibility of the firm or entity, ensuring the stability of operations.

Financial Disclosure Statement

Evidence of Insurability / bond ability

Disclosure of Litigation, any suspension or debarment by any government entity; any prior conviction for bribery, theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, honest services fraud or other offense indicating a lack of business integrity or honesty; any prior violation of College or County ethical standards.

Pass / Fail

Maximum Points 100

The Procurement Department reserves the right to request any additional information needed for clarification from any proposer for evaluation purposes.



EVALUATION COMMITTEE COMPOSITION The RFQ Evaluation Committee will be comprised of five (5) committee seats as recommended by Facilities Management and Procurement as follows:

1. Assistant Manager Facilities Planning and Construction 2. Executive Dean, Loxahatchee Groves 3. Chief Building Official 4. Assistant Comptroller 5. Dean Academic Affairs

Note: All financial statements and cost will be reviewed by the College’s Comptroller or VP of Administration and Business Services) or designee for full transparency, continuity and accuracy of financial / cost evaluation of all proposers.

Proposal Evaluation Process:

9.1 The evaluation process is designed to award the procurement to the overall highest rated firm.

Step One: Proposals will be evaluated by an Evaluation Committee. For clarification purposes, the College may request additional information from some or all the responding firms. The committee will evaluate all proposals against the criteria as outlined. Scores will be applied as indicated for each section of the criteria. The highest ranked firm(s) will be susceptible for advancing to the second step of the RFQu process. Step Two: Upon direction/approval and consensus of the Evaluation Committee, the highest ranked firm as identified in Step One, upon conclusion, will be briefed to the Palm Beach State College District Board of Trustees (DBOT) regarding the committee’s recommendation for the firm most susceptible for award and authorization to execute the contract as negotiated. Note: The College at its discretion reserves the right to contract with the top-ranking proposer(s) as it meets the needs of the taxpayers and fulfills the requirements as outlined in this Request for Proposal.

9.2 The RFQu Facilitator shall manage the proposal evaluation process and maintain proposal

evaluation records. An Evaluation Committee will independently evaluate each proposal and selection will be made according to the highest score based on the criteria listed above.

9.3 All proposals shall be reviewed by the RFQu Facilitator to determine compliance with basic proposal

requirements as specified in this RFQu. 9.4 The College reserves the right, at its sole discretion, to request clarifications or conduct discussions

for clarification with any or all Proposer’s. The purpose of any such discussions shall be to ensure full understanding of the proposal. If clarifications are made as result of such discussion, the offeror shall put such clarifications in writing. All communication (written or oral) with the Evaluation Committee will be coordinated by the RFQu Facilitator. Proposers are prohibited from contacting the Evaluation Committee members directly.

9.5 Contract Award Process:

9.5.1 The RFQu Facilitator shall forward results from the proposal evaluation process and award

recommendation to the College Council for their approval.



9.5.2 The College reserves the right to make an award without further discussion of any proposal submitted. There shall be no best and final offer procedure. Therefore, each proposal should be initially submitted on the most favorable terms the vendor can offer.

9.5.3 The apparent highest ranked offeror shall be prepared to enter into a contract with the College of

and other departments as deemed necessary. During the contract negotiation phase, the College will make a good faith effort to negotiate the best contract possible. In the event the College and the apparent highest ranked offeror cannot reach an agreement; the College may formally end negotiations by written notification to the offeror. At the College’s discretion, the College can then choose to enter into negotiations with the next apparent highest ranked offeror and attempt to negotiate a contract with that offeror. The process will continue until the College has successfully negotiated a contract or rejected all proposals for award.

9.5.4 Contract award shall be subject to the contract approval of all appropriate officials in accordance with

applicable College ordinance, Procurement Policy, State laws and regulations. 10.0 General Requirements

10.1 Request for Proposal - All requirements contained in the Request for Qualifications are hereby incorporated in the specifications and the subsequent contract.

10.2 Examination of Drawings and Contract Documents - Proposers shall thoroughly examine these specifications and all documents or other materials referred to herein and conduct such investigations and visits as may be necessary to thoroughly inform themselves regarding existing plant, facility, personnel and other conditions relative to compliance with this specification. No plea of ignorance by the Proposer of conditions that exist or may hereafter exist, as a result of failure or omission on the part of the Proposer to make said investigations and visits, and/or failure to fulfill in every detail the requirements of this specification and documents promulgated therein, will be accepted as a basis for varying the requirements of the College or the compensation of the Proposer(s).

10.3 Proposal Price - Proposers must agree to furnish all item(s) that are awarded to them because of their response to this specification at the price(s) indicated on their respective Consultant’s Questionnaire. Proposers shall guarantee that said price(s) shall be firm, not subject to escalation, for the one hundred twenty (120) days after bid opening period. Submittal of a bid shall be prima facie evidence of the Proposer's intent to comply with this requirement. Any bid submitted with escalation clauses shall be rejected. 10.4 Best and Final Offer- The College reserves the right to negotiate with all Proposers for the purpose of obtaining best and final offers. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Any such revisions may be permitted throughout negotiations after submissions and prior to contract award. Any revisions to scope or work will be offered to all Proposers for the purpose of obtaining the best and final offer. The College at any time during these negotiations may request a “best and final offer” from any or all of the responsive and responsible Proposers that submitted proposals. At the date and time established by the College the “best and final offer “will be provided in a sealed envelope at a public meeting and will follow the same procedure as a formal bid opening.

10.5 Qualifications - Proposers shall have the necessary organization, experience, capital, and equipment to carry out the provisions of the Contract to the satisfaction of the College. Proposers will submit all required licenses and certifications required to perform this project with the bid reply. References from five (5) existing firms to which it has provided these types of services in the past or with which it is under Contract for such services presently and the names of company representatives who may be contacted for references shall be furnished on the Reference Check Form and returned with the Proposal Reply Sheet. References are subject to verification by the College and will be utilized as part of the award process. Performance history, financial statements, list of projects recently completed



and in process, major equipment available for this project and experience of the principal members of the Proposer's organization must be furnished as specified herein. 10.6 Rejection of Bids - The College may reject any and all bids not meeting mandatory responsiveness requirements, which include terms, conditions or requirements that must be met by the proposer to be responsive to this Solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of the bid. In addition, the College may reject any or all bids containing material deviations. Any bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed. College reserves the right to reject all responsive bids at any time if it is in the Colleges best interest determined at the sole discretion of the College 10.7 Verbal Instructions - No negotiations, decisions, or actions shall be initiated or executed by the proposer as a result of any discussions with any College employee. Only those communications that are in writing from the College's Procurement Director identified in this Solicitation shall be considered a duly authorized expression on behalf of the College. Only communications from the proposer's representative that are in writing and signed will be recognized by the College as duly authorized expressions on behalf of the proposer. 10.8 Award of Contract - The College shall take measures as deemed necessary to determine the ability of the Proposer to perform the obligations of the Contract. The College may reject any bid where an investigation of the available information indicates a Proposer is not the most qualified to perform the obligation of the Contract. The College may require a Proposer to furnish additional statements of qualifications.

10.8.1 Collusion - The College reserves the right to disqualify bids, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Proposer. More than one (1) bid from an individual, partnership, corporation, association, firm, or other legal entity under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is interested in more than one (1) proposal for the same work will be cause for rejection of all proposals in which such Proposers are believed to be interested. Any or all proposals will be rejected if there is any reason to believe that collusion exists among the Proposers.

The award date is the date that College Council executed the motion to award the bid(s) regardless of the date the Proposer receives notification of award. Notification of the award may be given by e-mail, facsimile, U.S. mail system, courier, or on the web site.

10.9 Variances to Specifications - Proposers must indicate any variances to the Specifications. If variations and/or alternates are not stated in Proposer's reply, it shall be construed that the proposal fully conforms to the specifications.

10.10 Execution of Contract– The Proposer will be required to execute a Standard College Contract within ten (10) calendar days after notification by the College that Contract is available and thereafter comply with the terms and conditions contained therein. The Proposer shall execute the Contract, deliver the required Insurance Certificates and other documentation as required by the RFQu. The College will execute the Contract however, it is agreed and understood that the College will not be bound by the Contract unless and until it has been executed by the College and a purchase order has been issued.

10.10.1 Failure to Execute Contract - Failure on the part of the selected Proposer to execute the Contract as required may be justification for the annulment of the award.

10.11 Subcontracting or Assigning of the Contract – The selected Proposer shall not subcontract, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the work provided for therein, or of any right, title or interest therein, to any person, firm or corporation without the written consent of the College. Each Proposer shall list all subcontractors and the work provided by the suppliers in the area provided on the Proposal Reply Sheet.



The successful Proposer(s) shall provide a listing of all subcontractors, suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment), other than those identified in the Proposal Reply, to the College within five (5) days after the bid opening. Such list shall be accompanied by an experience statement for each such subcontractor, supplier, person or organization if requested by College. The College, who, after due investigation, has objection to any proposed subcontractor, supplier, other person or organization, may, before the Notice of Award is given, request apparent successful Proposer to submit an acceptable substitute without an increase in Proposal price.

If the apparent successful Proposer(s) declines to make any such substitution, College may award the Contract to the next acceptable Proposer(s) that proposes to use acceptable subcontractors, suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Proposer(s). Any subcontractor, supplier, other person or organization listed and to whom the College does not make written objection prior to giving of the Notice of Award will be deemed acceptable to the College subject to revocation of such acceptance after the effective date of the Contract as provided in the General Requirements. The proposer is fully responsible for all work performed under the Contract resulting from this Solicitation. The proposer may, upon receiving prior written consent from the College's Procurement Director, enter into written subcontract(s) for performance of certain of its functions under the Contract. No subcontract, which the proposer enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the proposer of any responsibility for the performance of its duties, including any and all liabilities that may arise out of the subcontractor's work related to the project. All payments to subcontractors shall be made by the proposer. The College may reject any and all subcontracts. 10.12 Public Entity Crime Statement - All solicitations as defined by Section 287.012(11), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.” 10.13 Cooperative Purchasing Agreement - This Proposal may be expanded to include other governmental agencies provided a cooperative Purchasing Agreement exists or an Inter-Local Agreement for joint purchasing exists between the Palm Beach State College and other public agencies. Provider may agree to allow other public agencies the same items at the same terms and conditions as this Proposal, during the period that this Proposal is in effect. Each political entity will be responsible for execution of its own requirements with the selected Proposer. With the consent and agreement of the successful proposer, purchases may be made under this RFQu by other colleges, universities, school boards, political subdivisions, or state agencies. Such purchases shall be governed by the same terms and conditions stated in the solicitation as provided in the State Board of Education Rule 6A-14-0734 (2) (d). 10.14 Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.



The non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations provided by the Secretary of Labor are incorporated herein. 10.15 Permits – The selected Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation. 10.16 Familiarity with Laws - The selected Proposer is assumed to be familiar with all Federal, State and local laws, ordinances, rules and regulations that may affect the work. Ignorance on the part of the Proposer will in no way relieve him from responsibility. The selected Proposer will submit all proposals in compliance with the 28 C.F.R. § 35.151. 10.17 Public Record Law - Any material submitted in response to this Solicitation will become a public document pursuant to Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Contractor’s refusal to comply with this provision shall constitute sufficient cause for termination of the contract resulting from this Solicitation. Respondent acknowledges that all information contained within their bid is part of the public domain as defined by the State of Florida Sunshine and Public Record Laws. 10.18 Retention of Records - Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any contract resulting from this Solicitation for a period of five (5) years. Copies of all records shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. Documents must be retained by contractor within the State of Florida at an address to be provided, in writing, to the College within 30 days of the contract execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. The contractor will cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The contractor shall inform the College of the location of all records pertaining to the contract resulting from this Solicitation and shall notify the College by certified mail within ten (10) days if/when the records have been moved to a new location. 10.19 Governmental Restrictions - In the event any governmental restrictions may be imposed that necessitate alteration of material, quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful proposer to notify the College at once, indicating in their letter the specific regulation which required an alteration. The College reserves the right to accept and or reject any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the College. 10.20 Legal Requirements - Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a Solicitation response hereto and the College by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 10.21 Governing Law - This solicitation, and any award(s) resulting from same, shall be governed by and construed under the laws of the State of Florida and must have venue established in Palm Beach County, Florida or the United States Court of the Southern District of Florida.



10.22 Default and Litigation Costs - In the event of a default on this contract, the defaulting party shall pay all attorney’s fees and court costs incurred by the non-defaulting party, at both the trial and appellate levels, in any action brought to enforce and collect damages arising from the default as allowable by law. 10.23 Liability - The vendor shall hold harmless the College, its officers, agents and employees from liability of any kind in the performance of the Solicitation and resulting contract. 10.24 Employment of Alien Workers - The College will comply with all aspects of Section 274A of the Immigration and Nationality Act. We will not knowingly engage with a company that does not adhere to these regulations and it is the obligation of the proposer to disclose any violation of such law to the College. 10.25 Protection of Work, Property and Personnel - The awardee shall always guard against damage and/or loss to the property of the College and shall replace and/or repair any loss or damages unless such is caused by the College. The College may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss and/or damages to the property through negligence of the awardee. The awardee shall take the necessary safety precautions to protect both personnel and property while the work is in progress simultaneously adhering to the project schedule. 10.26 Discriminatory Vendor’s List - Any entity or affiliate who has been placed on the Discriminatory Vendors List as maintained by Florida Department of Management Services may not submit a bid to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity and may not transact business with any public entity. 10.27 Americans with Disabilities Act - The contractor shall comply with the Americans with Disabilities Act. In the event of the contractor’s non-compliance with the non-discrimination clauses of the Americans with Disabilities Act, or with any other such rules, regulations or orders, any contract resulting from this Solicitation may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts 10.28 State Licensing Requirement - All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of State. 10.29 Insurance Requirements - When performing a service, construction work or any type of installation is required on College property, the successful vendor is required to supply a Certificate of Insurance naming Palm Beach State College and its District Board of Trustees as additional insured evidencing coverage during the period the vendor is providing services per the following: 1. Workers compensation and employee's liability in accordance with the laws of the State of Florida. 2. General Liability, minimum of $1,000,000 per Occurrence and $2,000,000 Aggregate. 3. Property damage liability, minimum of $1,000,000 per occurrence and $2,000,000 aggregate. 4. Umbrella liability with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. 5. Contingent coverage for sub-contractors for liability at the site. The bidder must list any sub-contractor that will perform work under this bid. The Certificate of Insurance must be provided to the College prior to the commencement of any work. 10.30 W-9 Taxpayer Identification Form - The selected Proposer shall be required to complete a W-9 Taxpayer Identification Form provided with the College’s contract and return it with the contract and insurance documents. 10.31 Withdrawal of Bids - A Proposer may withdraw his/her bid without prejudice no later than the day and hour set in the E-Bid by removing all documents from DemandStar.

10.32 Intent to Perform - The selected Proposer must agree that time is of the essence and that all requirements stated in these specifications are critical as it relates to the time of performance. Submittal of a quotation shall be prima facie evidence of the Selected Proposers intent to comply with the specifications.



10.33 Force Majeure, Notice of Delay, and No Damages for Delay - The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the College in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages or additional charges, other than for an extension of time, shall be asserted against the College. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the College agrees to, in writing, to any modification of the contract terms. Note: Insurance requirements will vary based on the type of products and services provided under the solicitation / contract. 10.34 Termination at Will - The Contract resulting from this Solicitation may be terminated by either party upon no less than thirty (30) calendar days' notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery

11.0 Additional Information 11.1 PROTESTING OF CONDITIONS/SPECIFICATIONS. Any person desiring to protest the conditions/specifications in this solicitation, or any Addenda subsequently released thereto, shall file a notice of protest, in writing, within 72 consecutive hours after the receipt of the solicitation or Addenda and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. The time provided for filing a notice of protest shall be based upon whenever a person receives this solicitation, or any Addenda released thereto. Receipt of a copy of this solicitation, or any Addenda released thereto, which is received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays or days during which the College administration is closed, shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday, Sunday, legal holiday or days during which the College administration is closed. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shall constitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, must be filed with the required bonds as noted herein shall be filed at College, Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds. PROTESTING OF AWARD RECOMMENDATIONS/TABULATIONS. Award Recommendations and Tabulations will be posted in the Purchasing Department on the date and time stipulated on the solicitation and will remain posted for 72 consecutive hours. Any change to the date and time established herein for posting of solicitation Award Recommendations shall be posted in the Purchasing Department and on the departmental web site. In the event the date and time of the posting of Award Recommendation is changed, it is the



responsibility of each respondent to ascertain the revised date of the posting of Award Recommendation. Any person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 consecutive hours after the posting of the Award Recommendation (or receipt of written notice of intended decision) and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. A written notice of intended decision shall only apply when the Purchasing Department gives notice of an intended decision about this solicitation. A written notice of intended decision received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays and days during which the College administration is closed shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday or Sunday, legal holiday or days during which the College administration is closed. No submissions made after the bid opening amending or supplementing the bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. Any person who files an action protesting an intended decision shall post with the College, at the time of filing the formal written protest, a bond, payable to College, in an amount equal to one percent (1%) of the College's estimate of the total value of the contract. The College shall provide the estimated contract amount to the contractor within 72 hours, excluding Saturdays, Sundays and other days during which the College administration is closed, of receipt of notice of intent to protest. The estimated contract amount shall be established on the award recommendation as the "contract award amount". The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the College may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, the College prevails, and then the College shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. If the protestant prevails, then the protestant shall recover from the College all costs and charges which shall be included in the Final Order or judgment, excluding attorney's fees. a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shall constitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, and the required bonds, shall be filed at College, at Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds. 11.2 Preference to Florida Business - In accordance with Florida Statute 287.084, if this solicitation is for personal property, then a preference of at least five percent (5%) (see below) must be provided to businesses that have a principle place of business in the State of Florida. Vendors whose principal place of business is outside the State of Florida must submit a written opinion of an attorney as required in 287.084(2). The written opinion is only required if this solicitation is for personal property. The statute is reprinted here for your convenience: 287.084 Preference to Florida businesses. — (1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not



grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent. (b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available. (c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities. (2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. (3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract. (b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.

12.0 RULING ORDER OF DOCUMENTS

This RFQu and the proposal response documents submitted shall be incorporated into the final contract by reference.

Therefore, all requirements in the RFQu not specifically addressed in an exception statement in the proposal and

accepted in the contract documents, shall stand as contractual responsibilities of the proposal respondent. The

Contract shall be the controlling document over the Proposal response and the RFQu; the RFQu shall be the ruling

document over the Proposal response for all requirements in the RFQu not specifically addressed in an exception

statement in the proposal. Statement and requirements in the RFQu shall rule over the Proposal document.

In the event of a conflict between provisions of the Contract and the RFQu or Response to the RFQu, the Contract

shall control. In the event of a conflict between the Response to the RFQu and the RFQu, the Response to the RFQu

shall control. In the event of a conflict between the Contract and any of its attachments or exhibits thereto, the Contract

shall control.

INCLUSION OF SUPPORTING DOCUMENTS: All those submitting sealed replies in response to this RFQu

understand that the Solicitation document, the sealed reply, and all documents and/or materials represented in

presentation to the committee shall be a complete record and shall be included in the final contract.

[The remainder of this page left blank intentionally.]



(THIS IS A SAMPLE ONLY - DO NOT EXECUTE)

PALM BEACH STATE COLLEGE CONTRACT #19/20-10

This CONTRACT FOR BUILDING SYSTEMS COMMISSIONING SERVICES, executed this _____________ day of ___________, 2020, by and between the PALM BEACH STATE COLLEGE, a public educational institution, duly organized under the laws of the State of Florida, hereinafter called “College” party of the first part, and name of vendor, address, Telephone No. ( ) ____ Fax No. ( ) _____, hereinafter called “Consultant” or “Provider”, party of the second part.

SECTION I RECITALS

In consideration of the below agreements and covenants set forth herein, the parties agree as follows: WHEREAS, the Consultant is licensed in the State of Florida; and WHEREAS, the College wishes to contract with a Consultant and Consultant desires to contract with the College for the Consultant to provide building commissioning services as outlined in the terms and conditions herein Building Systems Commissioning Services; and WHEREAS, Consultant is qualified, willing and able to provide the Scope of Services and services on the terms and conditions set forth herein; and

WHEREAS, the College desires to enter into this Contract with Consultant to perform the Scope of Services as specified and, in an amount, agreed to below.

NOW THEREFORE, in consideration of the premises and the mutual covenants herein name, the Parties agree as follows: The Recitals set forth above are hereby incorporated into this Contract and made a part of hereof for reference.

SECTION II NOTICES

All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person, sent by certified mail with return receipt request, email or fax and addressed as follows unless written notice of a change of address is given pursuant to the provisions of this Contract. Firm/Consultant: College Contract Administrator:

Lenora Sevillian, MBA, CIPP, CPPP, CPCM, SFC, NCN-A Director, Procurement Palm Beach State College 4200 Congress Avenue, PS #101 Lake Worth, Florida 33461-4796 Telephone: 561-868-4221 Fax: 561-868-3460 E-mail: [email protected]




College Project Manager: James Storms, Architect Assistant Manager, Facilities Planning and Construction Palm Beach State College 4200 Congress Avenue Lake Worth, Florida 334614796 Email: [email protected] Telephone: 561-868-3656

SECTION III

DESCRIPTION OF SERVICES

To be inserted.

SECTION IV TIME OF PERFORMANCE

The initial Contract period shall commence upon approval of District Board of Trustees or designated signatory on ___________ and is valid through June 30, 2022. The work shall begin with a Notice to Proceed on the date specified by the Project Manager.

SECTION V RENEWAL OPTION

The Contract period will begin at final execution by all parties. There is not a renewal option associated with the contract.

SECTION VI COMPENSATION

All cost associated with the service will be outlined, in detail, based on the final negotiated price proposal. Invoices for services shall be submitted once a month, by the 15th of the month, and payments shall be made net thirty (30) days, upon receipt of a properly executed invoice containing sufficient detail and accompanied by adequate supporting documentation and approved by Project Manager / Department Director.

SECTION VII FINANCIAL STABILITY

Financial Disclosure;

The Consultant shall provide annual financial statements for the last two (2) calendar years for its organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Proposer is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided

Provide evidence of insurability and Bonding capacity.




Disclosure of Litigation;

List all performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years

Identify adverse actions sanctioned by any regulatory authorities over the last five (5) years

SECTION VIII

WORK CHANGES The College reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Contract, and agrees to make corresponding adjustments in the contract price and time for completion. Any and all changes must be authorized by a written change order signed by the College’s Vice President of Administration and Business Services or his designee as representing the College. Work shall be changed and the contract price and completion time shall be modified only as set out in the written change order. Any adjustment in the contract price resulting in a credit or a charge to the College shall be determined by mutual agreement of the parties before starting the work involved in the change.

SECTION IX

CONFORMANCE WITH PROPOSAL It is understood that the materials and/or work required herein are in accordance with the proposal made by the Consultant pursuant to the Request for Proposal and Specifications on file in the Procurement Department of the College. All documents submitted by the Consultant in relation to said proposal, and all documents promulgated by the College for inviting proposals are, by reference, made a part hereof as if set forth herein in full.

SECTION X

INDEMNIFICATION/HOLD HARMLESS Consultant agrees to indemnify, defend and hold harmless, the College, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney’s fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of Consultant or Consultant’s, agents, laborers, subcontractors or other personnel or entity acting under Consultant’s control in connection with the Consultant’s performance of services under this Contract. Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit or claims including losses or damages for wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorney’s fees expended by the College in defense of such claims and losses including appeals. That the aforesaid hold-harmless Contract by Consultant shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Consultant or any agent laborers, subcontractors or employee of Consultant regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Consultant shall be held responsible for any violation of laws, rules, regulations or ordinances affecting in any way the conduct of all persons engaged in or the materials or methods used by Consultant on the work. This indemnification shall survive the termination of this Contract.

SECTION XI

SOVEREIGN IMMUNITY Nothing contained in this Contract shall be deemed or otherwise interpreted as waiving the College’s sovereign immunity protections existing under the laws of the State of Florida, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes.



SECTION XII INSURANCE

The Consultant shall, on a primary basis and at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein, as well as College's review or acceptance of insurance maintained by Consultant are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

The parties agree and recognize that it is not the intent of the College that any insurance policy/coverage that it may obtain pursuant to any provision of this Contract will provide insurance coverage to any entity, corporation, business, person, or organization, other than the College and the College shall not be obligated to provide any insurance coverage other than for the College or extend its sovereign immunity pursuant to Section 768.28, Florida Statutes. Any insurance provided by the College will be secondary and will only apply after all coverage under the primary policy has been exhausted., Any provision contained herein to the contrary shall be considered void and unenforceable by any party. This provision does not apply to any obligation imposed on any other party to obtain insurance coverage for this project, any obligation to name the College as an additional insured under any other insurance policy. Workers’ Compensation Insurance & Employer’s Liability: The Consultant shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers’ Liability and must include limits of at least $100,000.00 each accident, $100,000.00 each disease/employee, $500,000.00 each disease/maximum. A Waiver of Subrogation endorsement shall be provided. Coverage shall apply on a primary basis. Should scope of work performed by Consultant qualify its employee for benefits under Federal Workers’ Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided. Commercial General Liability Insurance: The Consultant shall agree to maintain Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products/completed operations aggregate $2,000,000 General aggregate $2,000,000 Fire damage $100,000 any 1 fire Medical expense $10,000 any 1 person

Additional Insured: An Additional Insured endorsement must be attached to the certificate of insurance (should be CG2026) under the General Liability policy. Coverage is to be written on an occurrence form basis and shall apply as primary. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation shall be provided in favor of the College. Coverage shall extend to independent Consultants and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interests’ provision as provided under the standard ISO form separation of insurers clause. Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall clearly state that coverage required by the Contract has been endorsed to include the College, a political subdivision under the State of Florida, including its officers, agents and employees as Additional Insured added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "Palm Beach State College and Palm Beach State College District Board of Trustee’s (DBOT) a political subdivision of the State of Florida, its officers, employees and agents and shall include Contract #19/20-10 Building Systems Commissioning Services shall be listed as additionally insured.”. The Policy shall be specifically endorsed to provide thirty (30) day written notice to the College prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. In the event that the



statutory liability of the College is amended during the term of this Contract to exceed the above limits, the Consultant shall be required, upon thirty (30) days written notice by the College, to provide coverage at least equal to the amended statutory limit of liability of the College. Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. All independent Consultants and Sub-Consultants utilized in this project shall furnish a Certificate of Insurance to the College in accordance with the same requirements set forth herein. Automobile Liability Insurance: The Consultant shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000.00 each accident covering any auto, owned, non-owned and hired automobiles. In the event, the Consultant does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Consultant to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation shall be provided. Coverage shall apply on a primary basis. Professional Liability: Consultant shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $2,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000 the College reserves the right, but not the obligation, to review and request a copy of Consultant’s most recent annual report or audited financial statement. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, Consultant shall agree to purchase a SERP with a minimum reporting period not less than five (5) years. If policy contains an exclusion for dishonest or criminal acts, defense coverage for the same shall be provided. Waiver of Subrogation: The Consultant shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then Consultant shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such a Contract on a pre-loss basis. Deductibles: All deductible amounts shall be paid for and be the responsibility of the Consultant for any and all claims under this Contract. Where an SIR or deductible exceeds $5,000, the College reserves the right, but not obligation, to review and request a copy of the Proposer’s most recent annual report or audited financial statement. It shall be the responsibility of the Consultant to ensure that all independent Consultants and/or Sub-Consultant’s comply with the same insurance requirements referenced above. The Consultant may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employers’ Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employers’ Liability. When required by the insurer, or when Umbrella or Excess Liability is written on Non-Follow Form," the College shall be endorsed as an "Additional Insured."

The College, by and through its Safety & Risk Management Office, reserves the right, but not obligation, to review, modify, reject, or accept any required policies of insurance including limits, coverages or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an AM Best rating of at least A:VII or better.

A failure on the part of the Consultant to execute the contract and/or punctually deliver the required insurance, and other documentation may be cause for annulment of the award.



SECTION XIII ACTS OF GOD

The Consultant shall be responsible for all preparation of the site for Acts of God, including but not limited to; earthquake, flood, tropical storm, hurricane or other cataclysmic phenomenon of nature, rain, wind or other natural phenomenon of normal intensity, including extreme rainfall. No reparation shall be made to the Consultant for damages to the Work resulting from these Acts. The College is not responsible for any costs associated with pre or post preparations for any Acts of God.

Emergencies – In the event of emergencies affecting the safety of persons, the work, or property, at the site or adjacent thereto, the Contractor, or his designee, without special instruction or authorization from the College, is obligated to act to prevent threatened damage, injury or loss. In the event such actions are taken, the Contractor shall promptly give to the College written notice and contact immediately by phone, of any significant changes in work or deviations from the Contract documents caused thereby, and if such action is deemed appropriate by the College a written authorization signed by the College covering the approved changes and deviations will be issued.

SECTION XIV PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS

Subject to the laws of the State of Florida and of the United States, neither Consultant nor any Sub-Consultant supplier of materials, laborer or other person shall file or maintain any lien for labor or materials delivered in the performance of this Contract against the College. The right to maintain such lien for any or all of the above parties is hereby expressly waived.

SECTION XV COMPLIANCE WITH LAWS

The Consultant shall give all notices required by and shall otherwise comply with all applicable laws, ordinances, and codes and shall, at his own expense, secure and pay the fees and charges for all permits required for the performance of the Contract. All materials furnished and works done are to comply with all federal, state, and local laws and regulations. Consultant will comply with all requirements of 28 C.F.R. § 35.151. Consultants and Sub-Consultant, shall comply with § 119.0701, Fla. Stat. (2013). The Consultant and Sub-Consultant, are to allow public access to all documents, papers, letters, or other material made or received by the Consultant in conjunction with this Contract, unless the records are exempt from Art. I, § 24(a), Fla. Const. and § 119.07(1)(a), Fla. Stat. (2013). Pursuant to § 119.10(2)(a), Fla. Stat. (2013), any person who willfully and knowingly violates any of the provisions of Ch. 119, Laws of Fla., commits a misdemeanor of the first degree, punishable as provided in § 775.082 and § 775.083 Fla. Stat. (2013).

RECORDS

The College is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE WITH CHAPTER 119, FLORIDA STATUTES. Pursuant to Section 119.0701, F.S.

Contractor agrees to comply with all public records laws, specifically to:

Keep and maintain public records required by the College in order to perform the service.

1. The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule GS1-SL for State and Local Government Agencies. (See http://dos.dos.state.fl.us/library-archives/records-

management/general-records-schedules/).

http://dos.dos.state.fl.us/library-archives/records-management/general-records-schedules/)

http://dos.dos.state.fl.us/library-archives/records-management/general-records-schedules/)



2. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the College.

3. Records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with the College. Contractor’s records under this Contract include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, emails and all other documentation generated during this Agreement.

4. The Contractor agrees to make available to the College, during normal business hours all books of account, reports and records relating to this contract.

5. A Contractor who fails to provide the public records to the College within a reasonable time may also be subject to penalties under Section 119.10, Florida Statutes.

Upon request from the College’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the College or otherwise destroy the records after complying with applicable retention laws and in a manner consistent with best practice at the time of destruction .

Upon completion of the contract, transfer, at no cost to the College, all public records in possession of the Contractor, or keep and maintain public records required by the College to perform the service. If the Contractor transfers all public records to the College upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the College, upon request from the College’s custodian of public records in a format that is compatible with the information technology systems of the College.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Palm Beach State College Attn: General Counsel 4200 Congress Avenue

Lake Worth, Florida 33461-4796



SECTION XV INSPECTION AND CORRECTION OF DEFECTS

Deductions - In the event the College deems it expedient to perform work which has not been done by the Consultant(s) as required by these Specifications, or to correct work which has been improperly and/or inadequately performed by the Consultant(s) as required in these Specifications, all expenses thus incurred by the College, in the College’s option, will be invoiced to the Consultant(s) and/or may be deducted from payments due to the Consultant(s). Deductions thus made will not excuse the Consultant(s) from other penalties and conditions contained in the Contract.

SECTION XVI SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000 that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran petroleum Energy Sector List, or do any business with Cuba or Syria. Both lists are created pursuant to section 215.473, FloridaStatutes.https://www.sbafla.com/fsb/Portals/FSB/Content/Performance/Quarterly/2017_12_13_Web_Update_PFIA_Prohibited_List.pdf?ver=2017-12-13-144624-667

SECTION XVII ADDITIONAL REQUIREMENTS

In the event of any conflict between the terms and conditions, appearing on any purchase order issued relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms of this Contract and Specifications herein referenced shall apply.

College’s Public Relations Image – The Consultant’s personnel shall always handle complaints and any public contact with due regard to the College's relationship with the public. Any personnel in the employ of the Consultant involved in the execution of work that is deemed to be conducting him/herself in an unacceptable manner shall be removed from the project at the request of the College’s Project Manager.

Dress Code – All personnel in the employ of the Consultant(s) shall be appropriately attired. Employees engaged in the course of work shall wear company uniforms neat and clean in appearance, readily identifiable to all College employees and the public. No tee shirts with obscene pictures or writings will be allowed. Swimsuits, tank tops, shorts and sandals are also prohibited. Safety toed shoes shall always be worn.

Patent Fees, Royalties, and Licenses – If the Consultant requires or desires to use any design, trademark, device, material or process covered by letters of patent or copyright, the Consultant and his surety shall indemnify and hold harmless the College from any and all claims for infringement in connection with the work agreed to be performed. The Consultant shall indemnify the College from any cost, expense, royalty or damage which the College may be obligated to pay by reason of any infringement at any time during the prosecution of or after completion of the work. Permits - The selected Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by Federal, State, County, and Municipal laws, regulations, codes, and ordinances for the performance of the work required in these specifications and to conform with the requirements of said legislation. The selected Proposer shall be required to complete a W-9 Taxpayer Identification Form, provided with the College’s contract, and return it with the signed contract and insurance documents Cooperative Purchasing Agreement - This contract may be expanded to include other governmental agencies provided a cooperative purchasing agreement exists or an inter-local agreement for joint purchasing exists between the College and other public agencies. Consultant(s) may agree to allow other public agencies the same items at the same terms and conditions as

https://www.sbafla.com/fsb/Portals/FSB/Content/Performance/Quarterly/2017_12_13_Web_Update_PFIA_Prohibited_List.pdf?ver=2017-12-13-144624-667

https://www.sbafla.com/fsb/Portals/FSB/Content/Performance/Quarterly/2017_12_13_Web_Update_PFIA_Prohibited_List.pdf?ver=2017-12-13-144624-667



this contract, during the period that this contract is in effect. Each political entity will be responsible for execution of its own requirements with the Consultant.

Contractual Relations - The Consultant(s) are advised that nothing contained in the contract or specifications shall create any contractual relations between the College and Sub-Consultant of the Consultant(s). Standard Production Items - All products offered must be standard production items that have been available to the trade for a period of not less than two (2) years and are expected to remain available in future years.

SECTION XVIII ASSIGNMENT

Consultant shall not delegate, assign or subcontract any part of the work under this Contract or assign any monies due him hereunder without first obtaining the written consent of the College.

SECTION XIXI

TERMINATION, DELAYS AND LIQUIDATED DAMAGES

If the Consultant refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in this Contract, or as may be modified in accordance with this Contract, the College by written notice to the Consultant, may terminate for material breach of contract. Upon such termination, the College may take over the work and prosecute the same to completion, by contract or otherwise, and the Consultant and his sureties shall be liable to the College for any additional cost incurred by it in its completion of the work.

The College may terminate this Contract with or without cause by giving the Consultant thirty (30) days’ notice in writing. Upon delivery of said notice, the Consultant shall discontinue all services in connection with the performance of this Contract and shall proceed to promptly cancel all related existing third party contracts. Termination of the Contract by the College pursuant to this paragraph shall terminate all the College’s obligations hereunder, and no charges, penalties or other costs shall be due Consultant or third parties except for work timely completed.

The obligation to provide further services under this Contract may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the terminating party will be paid all compensation earned for services performed through the date of cancellation.

The College also reserves the right to terminate the remaining services to be performed in the event Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors.

SECTION XX LAW, VENUE AND WAIVER OF JURY TRIAL

This Contract is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida. The Parties to this Contract hereby freely, voluntarily and expressly, waive their respective rights to trial by jury on any issues so triable after having the opportunity to consult with an attorney.



SECTION XXI APPROPRIATION APPROVAL

The Consultant acknowledges that the College performance and obligation to pay under this Contract is contingent upon an annual appropriation by state legislators to the Palm Beach State College District Board of Trustees. The Consultant agrees that, in the event such appropriation is not forthcoming, this Contract may be terminated by the College and that no charges, penalties, damages or other costs shall be assessed.

SECTION XXII TRUTH-IN-NEGOTIATIONS

In accordance with the provisions of Section 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiations certificate and agrees that the original Contract price and any additions may be adjusted to exclude any significant sums by which the Contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs.

SECTION XXIII

CONFLICT OF INTEREST

The College hereby acknowledges that the Consultant may be performing professional services for private developers within the South Florida area. Should a conflict of interest arise between providing services to the College and/or other clients, the Consultant shall terminate its relationship with the other client to resolve the conflict of interest. The College shall determine whether a conflict of interest exists. At the time of each Project Proposal the Consultant shall disclose all its South Florida clients and related Scope of Work.

SECTION XXIV PUBLIC RECORDS / TRADE SECRETS / COPYRIGHT

The Proposer’s response to the RFQu is a public record pursuant to Florida law, which is subject to disclosure by the College under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The College shall permit public access to all documents, papers, letters or other material submitted in connection with this RFQu and the Contract to be executed for this RFQu, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer’s response to the RFQu purporting to require confidentiality of any portion of the Proposer’s response to the RFQu, except to the extent that certain information is in the College’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the College which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. the proposer’s shall bear all costs associated with protecting this information or keeping it from being disclosed including all defense costs, court costs, attorney’s fees, damages or penalties and the proposer agrees to defend, indemnify, and hold harmless the College and the College’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the College’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFQU AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFQU OR ANY PART THEREOF AS COPYRIGHTED.



SECTION XXV PROHIBITION AGAINST CONTINGENT FEES

The Consultant warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract.

SECTION XXVI

ATTORNEY'S FEES If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted by the College to enforce any of the terms or conditions of the Contract, Consultant shall pay to the College, in such suit or action in both trial court and appellate court, the College’s costs, and reasonable attorney's fees for the cost of collection and judgment enforcement.

SECTION XXVII

CODE OF ETHICS

Consultant warrants and represents that its employees will abide by any applicable provisions of the State of Florida Code of Ethics in Chapter 112.311 et seq., Florida Statutes, and Code of Ethics Ordinances in Section 9.14 of the Palm Beach State College Code.

SECTION XXVIII POLICY OF NON-DISCRIMINATION

Consultant shall not discriminate against any person in its operations, activities or delivery of services under this Contract. Consultant shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery.

SECTION XXIX SEVERABILITY

The Parties to this Contract expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Contract is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Contract) and the remainder of this Contract, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Contract to be inequitable under the circumstances.

SECTION XXX

ENTIRE AGREEMENT The written terms and provisions of this Contract shall supersede any and all prior verbal or written statements of any official or other representative of the College. Such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any manner whatsoever, this Contract or Contract documents.



IN WITNESS WHEREOF, the parties have executed this contract, the day and year first above written. PALM BEACH STATE COLLEGE CONSULTANT By: ____________________________________ By: _________________________________ District Board of Trustee (Chairperson) Authorized Representative State of: __________________________ County of: _________________________ Before me personally appeared: _______________________________________

(Please print) Please check one:

Personally known __________ Produced Identification: ______________ (Type of identification) and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that _______ executed said instrument for the purposes therein expressed. (s/he) WITNESS my hand and official seal, this _______ day of _______________________, 2020. __________________________________________ Notary Signature Notary Public State of ______________ at Large. My Commission Expires _______________.

(seal)



TRUTH-IN-NEGOTIATION CERTIFICATE AND AFFIDAVIT

STATE OF FLORIDA § COUNTY OF § Before me, the undersigned authority, personally appeared affiant ______________________, who being first duly sworn, deposes and says: 1. That the undersigned firm is furnishing this Truth in Negotiation Certificate pursuant to Section 287.055(5)(a) of the Florida Statutes for the undersigned firm to receive an agreement for professional services with the College. 2. That the undersigned firm is a corporation which engages in furnishing Building Systems Commissioning Service and is entering into an agreement with the College to provide these services for a project known as RFQu#19/20-10 Building Systems Commissioning Services. 3. That the undersigned firm has furnished the College a detailed analysis of the cost of the professional services required for the project. 4. That the wage rate information and other factual unit cost, which the undersigned firm furnished, were accurate, complete and current at the time the undersigned firm and the College entered into the agreement for professional services on the project. 5. That the agreement which the undersigned firm and the College entered into on this job contained a provision that the original agreement price and any additions thereto shall be adjusted to include any significant sums by which the College determines the agreement price was increased due to inaccurate, incomplete or non-current wage rates or other factual unit cost and that all such agreement adjustments shall be made within one (1) year following the end of the agreement. FURTHER AFFIANT SAYETH NAUGHT _____________________________________ Name of Firm _____________________________________ By: President The foregoing instrument was acknowledged before me by ________________who is personally known to me. WITNESS my hand and official seal in the State of County last aforesaid this __the day of __________, 2020. (SEAL) Signature _____________________________________ Notary Name (typed or printed)

Title or Rank



CONSULTANT’S QUESTIONNAIRE RFQu #19/20-10

BUILDING SYSTEMS COMMISSIONING SERVICES

It is understood and agreed that the following information is to be used by the College to determine the qualifications of Proposers to perform the work required. The Consultant waives any claim against the College that might arise with respect to any decision concerning the qualifications of the Consultant. The undersigned attests to the truth and accuracy of all statements made on this questionnaire. Also, the undersigned hereby authorizes any public official, Consultant, surety, bank material or equipment manufacturer, or distributor, or any person, firm, or corporation to furnish the College any pertinent information requested by the College deemed necessary to vary the information on this questionnaire.

Dated this __________ day of ______________________________, 2020.

____________________________________________________________ Name of Organization / Proposer

By: _______________________________________________________

Name and Title

(If more space is needed, please attach additional sheets.) 1. Corporation, Partnership, Joint Venture, Individual or other?

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Firm's name and main office address, telephone and fax number, e-mail:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Firm's previous names (if any). ______________________________________________________________________________________________________________________________________________________________

4. How many years has your organization been in business of providing Commissioning Services? __________ 5. Number of years in Florida as a Commissioning Firm? ________________________ 6. Last three (3) projects of this type completed by your firm for Florida municipal governments and/or private entities.

Give agency, type service and contact person, telephone # and e-mail Agency Service Contact Telephone E-mail

7. List contracts where the recommended Commissioning Services were not a success. List the name or the entity, location, date and reasons of failure.

8. Status of Contracts on hand.



9. Describe your experience with College’s and Public Entity clients and the development of Commissioning standards? 10. What best differentiates your company from your competitors? 11. Provide Five (5) references similar to our College in terms of scope of services, nature, and complexity requested

and size. (Please use the attached Reference Check Form- Make 5 copies and provide written reference letters.)

ADDENDUM ACKNOWLEDGMENT - Consultant acknowledges that the following addenda have been received and are included in his/her proposal:

Addendum Number Date Issued

AGREEMENT - Consultant agrees to comply with all requirements stated in the specifications for this RFQu.

[The remainder of this page left blank intentionally.]



CERTIFICATION: This RFQu Proposal is submitted by: Name (print) _______________________________________ who is an officer of the above firm duly authorized to sign proposals and enter into contracts. I certify that this RFQu #19/20-10 is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The proposer understands that information contained in this Proposal Reply will be relied upon by College in awarding the proposed Contract and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the College. I certify that the information and responses provided on this Proposal Reply are true, accurate and complete. The College may contact any entity or reference listed in this Proposal Reply. Each entity or reference may make any information concerning the Consultant available to the College. I agree to abide by all conditions of this RFQu.:

_________________________________ ________________________ Signature Title If a corporation renders this RFQu-Proposal, the corporate seal attested by the secretary shall be affixed below. Any agent signing this RFQu-Proposal shall attach to this form evidence of legal authority. Witnesses: If Partnership: _________________________ ______________________________________ Print name Print Name of Firm _________________________ By: ___________________________________ _________________________ (General Partner) Print name _________________________ If Corporation: _______________________________________ If Individual: Print Name of Corporation _________________________ By: _____________________________________ Signature (President) _________________________ Attest: __________________________________ Print Name (Secretary)



Palm Beach State College 4200 Congress Avenue, PS #101 Lake Worth, Florida 33461-4796 561-868-3460 (Fax)

REFERENCE CHECK FORM Proposer Instructions: Fill out top portion only.

(Please print or type)

RFQu Number: 19/20-10 Title: Building Systems Commissioning Services Proposer/Respondent: __________________________________________________________ Reference: _____________________________________________ Fax #: _____________ Email: ____________________________ Telephone #: ___________________________ Person to contact: _______________________________________________________________

Reference Instructions: The above Proposer has given your name to the College as a reference. Please complete the information below. Describe the scope of work of the contract awarded by your firm/entity to this Consultant. What type of services were performed? What type of agency and what services are provided through the organization? Did the consultant complete the scope of services on time and within the specified guidelines of the contract? What problems, if any were encountered (claims) during the contract?

How would you rate the consultant on a scale of low (1) to high (10) for the following?

Professionalism _______________ Final Product ______________ Qualifications ________________ Cooperation _______________ Budget Control _______________ Reliability _________________

Would you contract with this Consultant again? Yes [] No [] Maybe [] Comments: Thank you.

Note: All references must be submitted “complete” with the RFQu Proposal by the submittal deadline.



Palm Beach State College RFQu #19/20-10


STATE OF FLORIDA E-VERIFY

Contract No: __________________________________________________________________

Financial Project No(s): __________________________________________________________

Project Description: _____________________________________________________________

_____________________________________________________________________________ Vendor/Consultant acknowledges and agrees to the following: Vendor/Consultant:

1. Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Consultant during the term of the contract; and

2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

Company/Firm: ________________________________________________________________ Authorized Signature: ___________________________________________________________

Title: ________________________________________________________________________

Date: ________________________________________________________________________



DRUG-FREE WORKPLACE FORM

RFQu #19/20-10 BUILIDING SYSTEMS COMMISSIONING SERVICES

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,

or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a

drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under proposal

a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the

commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 Florida Statutes or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation

program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

________________________________ Proposer's Signature ________________________________ Date



CONSULTANT CODE OF ETHICS

RFQu #19/20-10 BUILDING SYSTEMS COMMISSIONING SERVICES

The Palm Beach State College (“College), through its Procurement Department (“PD”) 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, PMD requires each Contractor who seeks to do business with the College to subscribe to this Contractor Code of Ethics.

A Contractor’s bid or proposal will be competitive, consistent and appropriate to the bid documents.

A Contractor will not discuss or consult with other Contractors intending to bid on the same contract or similar College contract for limiting competition. A Contractor will not make any attempt to induce any individual or entity to submit or not submit a bid or proposal.

Contractor will not disclose the terms of its bids or proposal, directly or indirectly, to any other competing Contractor prior to the bid or proposal closing date.

Contractor will completely perform any contract awarded to it at the contracted price pursuant to the terms set forth in the contract.

Contractor will submit timely, accurate and appropriate invoices for goods and/or services performed under the contract.

Contractor will not offer or give any gift, item or service of value, directly or indirectly, to a College employee, College official, employee family member or other vendor contracted by the College.

Contractor will not cause, influence or attempt to cause or influence, any College employee or College Official, which might tend to impair his/her objectivity or independence of judgment; or to use, or attempt to use, his/her official position to secure any unwarranted privileges or advantages for that Contractor or for any other person.

Contractor will disclose to the College any direct or indirect personal interests a College employee or College official holds as it relates to a Contractor contracted by the College.

Contractors must comply with all applicable laws, codes or regulations of the countries, states and localities in which they operate. This includes, but is not limited to, laws and regulations relating to environmental, occupational health and safety, and labor practices. In addition, Contractors must require their suppliers (including temporary labor agencies) to do the same. Contractors must conform their practices to any published standards for their industry. Compliance with laws, regulations and practices include, but are not limited to the following:

o Obtaining and maintaining all required environmental permits. Further, Contractor will endeavor to minimize natural resource

consumption through conservation, recycling and substitution methods. o Providing workers with a safe working environment, which includes identifying and evaluating workplace risks and establishing

processes for which employee can report health and safety incidents, as well as providing adequate safety training.

o Providing workers with an environment free of discrimination, harassment and abuse, which includes establishing a written antidiscrimination and anti-bullying/harassment policy, as well as clearly noticed policies pertaining to forced labor, child labor, wage and hours, and freedom of association.

Name of Organization/Proposer_______________________________________

Signature ________________________________________________________

Printed Name and Title _____________________________________________

Date ______________________

DISCLAIMER: This Code of Ethics is intended as a reference and procedural guide to Contractors. The information it contains should not

be interpreted to supersede any law or regulation, nor does it supersede the applicable Contractor contract. In the case of any discrepancies

between it and the law, regulation(s) and/or Contractor contract, the law, regulatory provision(s) and/or Contractor contract shall prevail.



PALM BEACH STATE COLLEGE RFQu #19/20-10


CONSULTANT VERIFICATION FORM

THE FOLLOWING IS TO BE COMPLETED BY PRIME PROPOSER: Name of Firm: _____________________________________________________________ Corporate Title: ____________________________________________________________ Address: _________________________________________________________________

_________________________________________________________________ (Zip Code)

By: ______________________________________________________________________ (Print name) (Print title)

______________________________________________

(Authorized Signature) Telephone: ( ) _______________________________ Fax: ( ) _______________________________ State License # _____________________________________ (ATTACH COPY) County License # _____________________________________ (ATTACH COPY) College License: (ATTACH PROOF OF REGISTRATION WITH THE COLLEGE) Type of License: ________________________________________________ Unlimited _________________ (yes/no) If "NO", Limited to what trade? ____________________________________



NON-COLLUSION AFFIDAVIT

RFQu#19/20-10 BUILDING SYSTEMS COMMISSIONING SERVICES

State of ______________________________} County of ____________________________} _________________________________________, being first duly sworn, disposes and says that: (Name/s) 1. They are ____________________of ________________________________ the Proposer that (Title) (Name of Company) has submitted the attached bid/PROPOSAL; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid/PROPOSAL; 3. Such Bid/Proposal is genuine and is not a collusive or sham Bid; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the College or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ________________________________________ (Title) ________________________________________ STATE OF FLORIDA } COUNTY OF PALM BEACH} SS: The foregoing instrument was acknowledged before me this______________________________ (Date) by: _______________________________ who is personally known to me or who has produced ______________________________________ as identification and who did (did not) take an oath. ________________________________________________

Notary (print & sign name)

Commission No. _________________________________



CHECKLIST

RFQu #19/20-10 BUILDING SYSTEMS COMMISSIONING SERVICES

This checklist is provided to assist Proposers in the preparation of their proposal response. Included in this checklist are important requirements that are the responsibility of each Proposer to submit with their response to make their proposal response fully compliant. This checklist is only a guideline -- it is the responsibility of each Proposer to read and comply with the Request for Qualifications in its entirety.

_____ Documents uploaded in one (1) .pdf file and in order as instructed in Section 8.0 Instructions for Preparation of Proposals for RFQU- #19/20-10; Certified Minority Business Certificate (if applicable), Local preference documents (if applicable) W9, current Certificate of Insurance and bond ability document, current License, five (5) reference forms / and completed reference letters, E-Verify Statement, Drug Free and Check list onto Demandstar by the due date and time. Materials shall be organized in the following order:

1. Cover Letter. 2. Table of contents. 3. Consultant’s Questionnaire. Note: Be sure to acknowledge all Addenda on the questionnaire and sign where

indicated. 4. Executive Summary. 5. Management Plan. 6. Current Contracts. 7. Prior litigation, arbitration, and claims, including those involving the College. 8. Other Materials related to value-added services. 9. Proposed Schedule. 10. Financial Stability. 11. References. Note: All reference must be submitted “complete” with the RFQu Proposal by the

submittal deadline. Palm Beach State College “may not” be used as a reference if you are currently doing business with the College.

_____ All questions on the Consultant’s Questionnaire are complete and thoroughly answered. _____ Proposer has reviewed the “sample” Contract and accepts all College Terms and Conditions contained in the RFQu and on the College’s website.

_____ After review of uploaded documents on DemandStar web site select the Submit button at bottom of the page.