request for proposal rfp #20/21-03 for pre-qualification

RFP #20/21-03 of 76 FINAL

Request for Proposal

RFP #20/21-03

For

Pre-Qualification of Mechanical Contractors

HVAC Equipment, Installation, Services & Related Products

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]

mailto:[email protected]


TABLE OF CONTENTS

TITLE PAGE# Notice to All Proposers 3 Background 4 Intent 4 Scope of Work 5-6 Proposal Submission 8-9 Administrative Information 11 Instructions for Preparation of Proposals 13-14 Evaluation and Award (Criteria) 15-17 General Requirements 18 Additional Information 26 Ruling Order of Documents 28 Sample Master Agreement 30-46 Cost / Rate Proposal 47 Truth-In-Negotiations Form 48 Questionnaire 49-51 Questionnaire Certification Form 52 Reference Check Form 53 E-Verify Employment Eligibility Verification Form 54 Drug-Free Workplace Form 55 Contractor Code of Ethics 56 Contractor Verification Form 57 Non-Collusion Affidavit 58 Proposal / Application Checklist 59 Appendices APPENDIX 1- Facilities Planning and Construction Department Project Forecast 60

APPENDIX 2 – Federal Funds / FEMA Certification of Contract Provisions 61-76

Attachments Palm Beach State College General Conditions for Construction Contracts

A


NOTICE TO ALL PROPOSERS:

To ensure fair consideration is given to all Proposers, it must be clearly understood that upon release of this proposal and during the solicitation process, firms, and their employees, or representative 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, President, Cabinet Members, Directors, Department Heads, or District Board of Trustees. The “cone of silence” is in effect for this solicitation from the date the RFP is advertised on the PBSC website and DemandStar, until the time an award decision has been approved by the Palm Beach State College District Board of Trustees and a fully executed by all parties. Such contact may result in the firm being disqualified. All contact must be coordinated through Ms. Lenora Sevillian, for the procurement of these services. All questions regarding this RFP or Solicitation should be submitted in writing to Lenora Sevillian, Director, Procurement via e-mail at [email protected] or by phone at 561-868-4221. Please reference the RFP solicitation number on all correspondence you are sending to the College. Please note, oral communication 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 the appropriate and adequate responses to the written comments, questions, and requests for clarification. NOTE: All addenda and or any other correspondence (general information, questions, and responses) to the RFP will be made available exclusively through DemandStar and the College’s website for retrieval. All potential Proposers are solely responsible for frequently checking these websites for updates to this RFP.



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

1.0 BACKGROUND

The Facilities Planning, Design, and Construction Office supports the College mission by providing facilities that create a safe and efficient learning and working environment in the most timely, cost-effective manner. We strive to accommodate the growth and ever-changing needs of our College by planning, designing, and constructing state-of-the-art facilities that are both functional as well as energy efficient. In addition to project construction, our department is charged with Campus Master Planning, Capital Improvement Planning, Building Code Enforcement, and Permitting, Sustainability, and Life Safety/Fire Inspection of Facilities. We are committed to creating a high standard of excellence on our campuses to better serve the College and the community. Palm Beach State College (PBSC) Facilities Planning, and Construction Department (FPC) requires Mechanical Contractors to complete new energy management projects, remodeling, and renovation projects, deferred maintenance projects, preventative maintenance projects, capital improvements, and emergency repairs of mechanical equipment and systems on properties managed by the Facilities Department. All Mechanical Contractors must abide by the District Board of Trustees (DBOT) policies and Florida Statutes as if pertains to work standards.

2.0 INTENT

The purpose of this solicitation is to request proposals / applications from qualified professional firms and individuals to provide turnkey Mechanical Contracting Services for HVAC mechanical equipment, preventative maintenance, repairs, installations, furnish labor, materials, test equipment, and provide parts in accordance with all applicable current codes, local and State requirements, ASHRAE, OSHA, and PBSC Facility Standards for Design, Construction, Maintenance and Operations based on our standard equipment guidelines. The College will evaluate, rank, and select a pool of pre-qualified Mechanical Contractors to bid on individual projects as outlined on the projects list. The scope of work / specifications has been prepared outlining the service(s) 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 advantage 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 RFP 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 RFP, waive


any informality or defect in any proposal, or to cancel all or part of this RFP 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). 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

Palm Beach State College Facilities Planning and Construction Department requests proposals from qualified firms with the intent to contract for Mechanical Contracting HVAC Equipment, Installation, Service, & Related Products is seeking a provider that has the depth, breadth, and quality of resources necessary to complete all phases of the contract. 3.0 SCOPE OF WORK

The products, services, specifications, and scope shall establish a master contract with a pool of pre-qualified firm(s) for mechanical contracting HVAC equipment, installation, service, & related products. Contractors shall furnish all labor, supervision, materials, and test equipment to facilitate all major and minor repairs, new installations of various HVAC equipment, and perform routine preventative maintenance regularly found in the HVAC field included but not limited to, Cooling Towers, Mechanical Piping, Chilled Water Systems, Ductwork, Water Pumps, Air Handling Units, Building Management Systems and Controls. Proposers shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Additional pricing and / or discounts may be included. The scope of this RFP shall include but not limited to the following Product and Services Categories:

• HVAC Refrigeration – Rotary, Centrifugal, Scroll, Reciprocating, Absorption. • Indoor Air Quality Products and Devices – Active polarization, non-ionizing, electronic air

cleaning systems intended to replace passive filtration. • Unitary – rooftops, split systems, VRFs, Heat Pumps, PTACs, water-source, mini-splits. • Air handling – central station – manufactured or custom make-up air, fan, filter, coil

sections. • Air Terminal Devices and Heating Products – VAV, Fan Coils, Unit Ventilators, Unit Heaters,

Fin Tube, Radiation / Convectors. • Electrical work as required to service and coordinate the mechanical project. • DDC Controls for Building Management Systems– core components, end devices,

lighting, panels, and software. • Cooling Towers – Types- peon, closed, evaporative, other. • Pumps – Types – single stage, split case, end suction, inline, circulator, turbines, invertors. • Water Heaters – modulating and condensing. • HVAC Specialty Products – modular, outside / inside, S&T Heat Recovery, Humidity

Control, Heat Wheel, Heat Pipe, Heat Exchangers.


• Equipment Parts and Supplies – manufactured parts, emergency parts service, miscellaneous materials, and suppliers and other.

• Start-up & Commissioning Services – equipment start-ups, systems checkouts, control verification, retro commissioning, M&V verifications, and rebate auditing.

• Service & Maintenance – preventative and full maintenance contracts, man-at attendance, remote monitoring, annuals, emergency services, regulatory compliance, cleaning (e.g., duct, coils, and filters), scheduled maintenance, (e.g., oil, chemical, and vibration analysis).

• Installation and Turnkey Contracting – retrofit, new construction, energy retrofit, controls new and upgrade.

• Warranty Services – Extended parts & labor (define maximum number of years available), delayed start-up.

• Energy Service – Energy Tracking, Energy Analysis, Evaluation of Potential Upgrades, demand response, and rebates.

• Equipment rentals – chillers, pumps, transformers, terminal units, generators, cooling towers, and packaged unitary.

• Professional Services – Project Management, Structural engineering certifications for roof mounted mechanical equipment and similar installations.

• Site Surveys – Equipment, system analysis, operational. • Include all other products and services as required to complete the project as designed.

4.0 AWARD OF PROJECTS

A Master Contract will be awarded to ALL responsive, responsible, certified, licensed, and highly evaluated, pre-qualified pool of proposers / applicants aka (Mechanical Contractors) meeting the overall requirements in the scope of work, specifications, terms, and conditions of the RFP. The Facilities Planning and Construction Department will request services for a specific project on an as needed basis as outlined on the projected projects lists. When a project is ready for execution, Procurement and Facilities Planning and Construction Department will issue a “Request to Bid” only to the Pre-Qualified Pool of Mechanical Contractors requesting bids. A scope of work will be provided to all Pre-Qualified Mechanical Contractors. All submitted bid responses must include the cost of labor, materials, installation, repair, and the pricing shall be broken out for verification of pricing against (pricing / rates / percentages) submitted during the RFP Proposal / Application process. Bids that do not follow this requirement may be rejected. There will be no additional charge for consultation, troubleshooting, or estimating on any project. Contractors will be required to attend a “Mandatory Site Scope Meeting” related to each individual project. Failure to attend the Site Scope Meeting will disqualify your firm from submitting a bid for the project. Each project will be awarded to the bidder offering the lowest pricing, most responsive, responsible for the total overall project and timely delivery. Once the project bids are received, reviewed, and tabulated, the project will be awarded via a short form contract for the outlining the specifics of the project.


Mechanical Contractor must be able to provide performance bonds for the full value of each project over $200,000.00 without exception. Note: Cost-plus pricing will not be an acceptable method of pricing for the College projects. Every pre-qualified firm will have a fair and equal opportunity to bid on every project unless your firm continually fails to submit a request to bid or attend the mandatory site scope meetings. The Procurement Department in conjunction with the Facilities Planning, and Construction Department reserves the right to the next lowest bidder(s) in the event the original awardee of a project is unable to fulfill their commitment. Note: When all Pre-Qualified Mechanical Contractors are invited to submit Requests to Bid on a project, contractors that repeatedly fail to submit requested bids, or those otherwise considered non-responsive on more than three (3) occasions in a twelve (12) month period, may be deem unresponsive and no further bids shall be requested from the vendor under this Master Agreement.

5.0 QUALIFICATIONS Each Mechanical Contractor shall provide photocopies of the following (valid and current) licenses and / or certificates. Failure to provide this documentation may result in rejection of your proposal. 1. Palm Beach County Local Business Tax Receipt, formerly Occupational License

OR 2. Proof of an active Certificate of Authority issued by the Florida Department of State which

authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org Department of State.

AND 3. Copy of State or Palm Beach County, Certified or Registered, Class A Air Conditioning (CA

or RA) or Mechanical Contractor (CM or RM) (valid and current) licenses.

The proposer(s) must have adequate organization, facilities, equipment, and personnel to insure prompt and efficient service. Additional certifications and specialized training of key employees are also welcomed. The District Board of Trustees (DBOT) and Palm Beach State College (PBSC) Facilities Planning, and Construction Department (FPC) reserves the right to reject proposals where evidence submitted, investigation and / or evaluation, is determined to indicate inability of the prosper to perform the scope of work and specifications as outlined.

6.0 EMERGENCY REPAIRS Emergency Repairs are defined as situations where immediate repairs are required to prevent the loss of service to alleviate the possibility of a situation which would adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise cause loss of the College campuses. This includes post response to natural disasters such as tornadoes or


hurricanes. In the event of an emergency, following the DBOT Emergency Purchases procedure, the College may select at its discretion, a firm from the awarded contractors to provide emergency repair services. In the case of emergency, the contractor contacted by the College shall provide a written proposal to the Facilities Department within 24 hours. The proposal should include estimated time of completion and notice of any substantial lead times. After receiving written authorization to proceed, the contractor may proceed. Emergency services may require work be performed after regular hours, weekends, and holidays.

7.0 TERM OF CONTRACT

The term of this contract shall be for one (1) year from the date of award and may by mutual agreement between the Palm Beach State College District Board of Trustee’s and the awardee(s), be renewable for four (4) additional one (1) year periods based on satisfactory performance, with the same terms, conditions, and pricing. All contract renewals shall be initiated one hundred twenty (120) days prior to the expiration of the contract. All prices negotiated shall remain firm for the entire length of the Contract and all subsequent renewal periods, however, nothing prohibits the College from accepting lower pricing during the term of this Contract.

8.0 PROPOSAL SUBMISSION

All proposals must be submitted electronically via DemandStar by interested Proposers responding to this RFP. All submittals must be compatible with Microsoft Office 2007. The e-procurement process is done through a secure electronic locked box which timestamps each proposer’s response to this solicitation. The Proposer can only view / submit his or her e-proposer and will not have access to any other proposer submittals. The Proposer’s e-proposal may be changed at the Proposer’s discretion until the RFP Due Date and Time is reached. The Proposer will no longer be allowed to change or have access to the electronic proposal submittal after the RFP Due Date and Time as the College will open all proposals on said date and time. 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. 1. Request for Proposal (RFP) Specifications, #20/21-03 from DemandStar. 2. Download the Proposal Reply and save to your hard drive, program is in Word 2007

Professional. Enter information requested on the Questionnaire, and Proposal/Application Checklist.

3. Electronically sign the Proposal Reply where indicated. 4. Upload documents into one file in the following order: The Proposal Reply for RFP #20/21-03,

proposal response formatted as instructed on (Pages 13), then add documents starting from (Pages 47-59) only; W9, current Certificate of Insurance, any required licenses, five (5) completed references, E-Verify, Drug-Free Workplace Form, and RFP Proposal/Application 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 questions in the proposal reply.

5. 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 your entire submittal to no more than 600mb***

NOTE: The College may not accept proposals from firm 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 of 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 RFP Due Date and Time. The College shall in no way whatsoever be responsible for any delays caused by any power outage or internet failures. NO EXCEPTIONS WILL BE MADE.

NOTICE OF PROPOSALS BEING PUBLIC RECORD

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. If information submitted is believed to be confidential, proprietary or trade secret information, the responding firm 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. Prospers are solely responsible for all cost and actions associated with any litigation or challenge as to the said exemption of any materials submitted. 9.0 PROPOSAL SUBMISSION DEADLINE

Proposals shall be submitted no later than the Proposal Deadline due date and time. Proposers shall respond to the written RFP and any exhibits, attachments, or amendments. A Proposer’s failure to submit a proposal as required before the deadline shall deem their proposal disqualified. Under no circumstance shall proposals delivered to or received by the College after the RFP Due Date or Time be accepted or considered. Late proposals will be returned to the Proposer unopened. It is the sole responsibility of the Proposer to ensure the proposal is uploaded on or before the RFP Due Date and Time. The College shall in no way be responsible for any delays arising from or caused by any occurrence associated the receipt of any proposals after the RFP Due Date and Time. No exceptions will be made.

9.1 Proposal / Application Due Date

Friday, March 12, 2021 @ 2:00PM (ET)


9.2 Pre-Proposal Conference

The College will hold one Pre-Proposal / Application Conference on Monday, February 22, 2021 @ 10:00AM (ET) via ZOOM https://palmbeachstate.zoom.us/meeting/register/tJYrcOmpqjMvHNcJOWgzAum1jocgBQ37v2pl

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

TENTATIVE SCHEDULE OF EVENTS The following is a projected timetable of associated events for this solicitation. This is a working guide for planning purposes, the College reserves the right to adjust this timetable as required during the RFP process. It is the intent of the College to complete this project within the schedule provided. 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 (PBSC Website / DemandStar)

Monday, February 15, 2021

Pre-Proposal / Application Conference

Monday, February 22, 2021 10:00AM (ET)

Questions Due Tuesday, February 23, 2021 5:00PM (ET) Answers Posted (PBSC Website/DemandStar)

Friday, February 26, 2021 5:00PM (ET)

Proposal Due Date Friday, March 12, 2021 2:00PM (ET) *Evaluation Committee Meeting

Wednesday, March 24, 2021 10:00AM (ET)

Proposer Interviews / Presentations (If Required)

Thursday, March 25, 2021 Friday, March 26, 2021

10:00AM-12:00PM (ET) 1:00PM -3:00PM (ET)

**Approval to Execute Contract (DBOT Meeting)

Tuesday, April 13, 2021 4:00PM (ET)

*Evaluation Committee will meet via ZOOM or TEAMS (TBD). **District Board of Trustee Meetings are held at 4:00PM once per month, location varies. Please check the College’s website at https://www.palmbeachstate.edu/boardoftrustees/public-notices.aspx to confirm the agenda, dates, and time.

9.3 PROPOSAL QUESTIONS

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

https://palmbeachstate.zoom.us/meeting/register/tJYrcOmpqjMvHNcJOWgzAum1jocgBQ37v2pl

https://palmbeachstate.zoom.us/meeting/register/tJYrcOmpqjMvHNcJOWgzAum1jocgBQ37v2pl

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



9.4 Questions Due Date

Tuesday, February 23, 2021 @ 5:00PM (ET) Late questions “will not” be accepted or answered.

9.5 Answers Due Date

Friday, February 26, 2021 @ 5:00PM (ET)

10.0 ADMINISTRATION INFORMATION

Incorporation of this 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.

10.1 RFP Facilitator: The main point of contact for this RFP shall be: 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 E-mail: [email protected]

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

10.2 Communications regarding the RFP: 10.2.1 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 actin 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 firm being disqualified. All contact must be coordinated through Lenora Sevillian, RFP Facilitator for this solicitation.

10.2.2 Upon release of this RFP, all proposer communications concerning this solicitation must be directed to the RFP Facilitator.

10.2.3 All communication should be in writing to the RFP Facilitator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions, and requests for clarifications, must reference the RFP number and should be submitted no later than Tuesday, February 23, 2021 no later than 5:00PM (ET).

10.2.4 The College shall respond in writing to written communications. Such response shall constitute an addendum to the RFP. 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.



10.3 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 solicitation process.

10.4 Proposal Withdrawal A proposing firm may withdraw their Proposal by submitting a written request for withdrawal, such a request must have the signature of an authorized company representative and must be sent to the College’s RFP 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 best and final offer (BAFO) (if applicable) process will not be considered.

10.5 Proposal Amendment The College shall not accept any amendments, revisions, or alterations to proposals after the deadline for submittals.

10.6 Ambiguity, Conflict, or Errors in RFP Due care and diligence have been used in the preparation of this solicitation, 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 RFP, they shall immediately notify the College of such error in writing and request modification or clarification of the document. Any modification made to the RFP will be issued in an addendum. Written notice will be given to all parties who have been furnished with the RFP 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 RFP known to them, or an error or ambiguity that reasonably should have been known to them, they shall not be entitled to additional time by reason of the error / ambiguity or its late resolution. The College may also modify the RFP prior to the date and time fixed for submission of proposals by issuance and posting of an addendum. All addenda will be numbered consecutively beginning with one (1).

10.7 Proposal Acceptance Period Each proposal shall be valid for a period of one hundred twenty (120) days after the RFP submission deadline date to allow time for evaluation, selection, and any unforeseen delays. The one hundred twenty (120) days may be extended upon mutual agreement of all proposing firm(s).

10.8 Right of Rejection 10.8.1 The Palm Beach State College reserves the right, at its sole discretion, to reject all

proposals or to cancel this RFP 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 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.

10.8.2 Any proposal received which does not meet the requirements of this RFP may be Considered non-responsive, and the proposal may be rejected. Proposers must


comply with all the terms of the RFP 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 RFP.

10.8.3 The College reserves the right, at its sole discretion, to waive any technicality in Proposals provided such action is in the best interest of the College. Where the College waives minor technicalities in the proposal, such waiver does not modify the RFP requirements or excuse the proposer from full compliance with the RFP. Notwithstanding any minor technicalities, the College may hold any proposer to strict compliance with the RFP.

10.9 Implied Requirements Products and services not specifically mentioned in this RFP, but which are necessary to provide the service described by this RFP, shall be included in the proposal. It is intended that this RFP describe the requirements and response format in sufficient detail to secure comparable proposals.

10.10 Proposal of Additional Services If a proposer indicates an offer of services in addition to those required by and described in this RFP, these additional services may be added to the original contract at the sole

discretion of the College. This consideration would be value-added options. 11.0 INSTRUCTIONS FOR PREPARATION OF PROPOSALS

A. Qualification Information. The submitted response to the RFP must contain a detailed and concise description of qualification of the Firm and personnel that will be associated with the selected projects. Proposing Firm should respond with enough detail, so the specific guidelines and purpose are clearly defined. The response to the RFP must include information as outlined below and as addressed in the 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. (This document shall not 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 for your team to successfully complete the assigned projects. The proposer shall provide an executive narrative containing information that indicates an understanding of the overall need for and purpose of the services presented in the RFP.

4. Qualifications and experience of the firm and its ability to conduct Mechanical Contracting Services related to HVAC Equipment, Installation, Services & Related Products, the capabilities of the team assigned to the projects, capabilities, resources, responsiveness, and any key industry differentiators.

5. Firm’s current contracts for comparable projects. 6. Prior litigation, arbitration, and professional claims, including those involving the College. Any

pending agreement to merge or sell your company. 7. References for similar projects within the last five (5) years. Note: Palm Beach State College

“may not” be used as a reference if you are currently doing business with the College. 8. Submittals shall be limited to a total of twenty (20) pages (two (2) sided pages, excluding the

cover letter, front and back cover, and attachments). Proposers shall provide in detail all the information the Firm considers pertinent to its qualifications for the projects outlined in this RFP.


C. Management Plan. This section shall describe the Firm’s detailed plan for accomplishing the objectives required to deliver the projects. Please include the methods for planning, scheduling, coordinating, and administering the total effort. Explain your overall approach to delivering successful projects on time and on budget.

D. Current Contracts. This section should highlight your current contractual obligations which could propose a potential conflict of interest to the College or any current contracts in effect with the College.

E. Firm’s Location. This section should include a statement that shows your knowledge of the local area and circumstances, along with your knowledge of the market conditions, services related to the College, stakeholders, and customers.

F. Firm’s Work Plan. This section should include, but not limited to, the process your company will utilize to successfully service all HVAC equipment, provide recommendations, and deliverables for installations and related products as outlined in the scope of work for the projected projects. This should outline your overall understanding of the complex nature of these services, the benefit and importance of the efficiencies for the College.

G. Other Materials. Please include any additional materials that may assist the College in evaluating the proposals and approach to the project. Pre-printed advertisements, brochures, and promotional materials may be attached as additional information, but shall not serve as a substitute for a specific response. An attachment of a brochure instead of the written response will be grounds for disqualification or devaluation. A simple “yes” or “no” answer along will not be acceptable unless clearly requested; an explanation shall be provided for each question listed in this RFP. However, clarity and brevity of presentation, not length, will be favorably considered.

H. Proposed Schedule. This shall include a detailed breakdown of your work plan with a timeline associated with the scope of work and the task related to the delineated projects. Provide a proposed schedule for the projects, factoring in equipment staging, personnel, and unforeseen emergencies.

I. Financial Stability. Financial Strength and competence, responsibility of the firm or entity, ensuring the stability of future operations.

• Financial Statements: Proposers / Applicants 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 Position), 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/Applicant is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held 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.

• Bonding – Insurance: Proposers / Applicants will provide a letter showing evidence of insurability and bonding capability. Bonding and insurance requirements are outlined in detail within the sample contract in the RFP. Bonds are required for one hundred percent (100%) of any projects valued over two hundred thousand dollars ($200,000.00).


J. Disclosure of Litigation. 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 Palm Beach State College.

• Prior litigation, arbitration, and claims, including those with the College. • List all performance related legal claims, litigation, demands, contracts terminated due

to non-performance, lawsuits filed, threatened, pending, and settlements involved in over the past five (5) years.

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

• Within the last five (5) years, has the proposer / applicant defaulted on a contract to provide Mechanical Contracting Services or any litigation regarding such contracts; cancellation of, or failure to be renewed for alleged fault? Provide specific information regarding the aforementioned.

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

K. Woman/Veteran/Minority Owned Business. Certification is a procedure by the State of Florida ensures that businesses claiming to be woman-, veteran- or minority-owned and controlled meet the legal qualifications. The State applies uniform criteria and procedures by which participating entities and organizations can qualify businesses to participate in procurement or contracting programs as certified minority business enterprises in accordance with the certification criteria established by law. Eligibility criteria are in Chapter 287.0943 and 295.187, FloridaStatueshttps://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified).

12.0 EVALUATION AND AWARD

The Evaluation Committee will consider many evaluative factors (of which the financial stability of the firm is only one factor) and will accept proposals from all responsive and responsible proposers/applicants. All proposals / applications received by the specified deadline will be reviewed for sufficiency, evaluated consistently, equally, and as outlined in the College’s Policy. Prior to the final evaluation and ranking of the proposing firms /applicants, the College reserves the right to choose to interview the proposing firms / applicants found to be among the most qualified, or short-listed. These firms / applicants will be ranked based on final evaluations and a recommendation will be submitted to the College’s District Board of Trustee’s for approval to contract with the highest ranked firm(s) / applicant(s). Each evaluative criterion shall be weighted as follows, there will be one hundred (100) points allocated as a maximum total to be applied to the proposal. The evaluation will be based upon the following elements of the proposals:

SECTION

CRITERIA MAXIMUM

SCORE

A. Qualifications/ Certification, Licenses and Experience History of company, reputation in the marketplace, certifications of key employees, years of experience in various disciplines. Minimum of Five (5) years’

30

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified



experience as a Mechanical Contractor. Authorized to do business in the State of Florida.

B.

Performance / Capability Responsiveness to emergencies, complex repairs, service / warranty, customer service, trouble shooting, problem resolution, transition planning, stagging for operations, safety, delivery timelines, compliance. Capacity and ability to meet the standards and guidelines as outlined in the scope of work. (Panel interviews may be conducted at the discretion of the Evaluation Committee, if so, the scores will be reflected in this section.)

25

C.

*Products / Pricing / Labor Pricing based on discounts from manufacturer’s price list or catalog, fixed price, or combination of both. Labor rates based on standard hours, overtime, and minimum charges. Not to exceed pricing, cost plus pricing is not acceptable per Grant / FEMA guidelines.

20

D.

References Past performance, quality of service, customer satisfaction. References for similar projects from governmental agencies and or public entities performed withing the last two (2) years. Submission of five (5) written reference letters included with the proposal / application submittal. (Note: Palm Beach State College “may not” be used as a reference if the proposer / applicant is currently doing business with PBSC).

10

E.

Woman/Veteran/Minority Owned Business Palm Beach State College encourages business diversity and engagement with qualified minority-owned, woman-owned, and veteran-owned business. Proposers / Applicants shall submit a copy of their current valid State of Florida certification as an M/W/VBE owned firm. https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified).

10

F. Value-Added Services (Optional – to be contracted at the discretion of the College) services outside of the immediate scope of work, but the solutions will help the College achieve future objectives.

5

G.

Financial Stability (Insurability / Bond) Financial strength and competence, responsibility of the firm or entity, ensuring the stability of operations.

• Financial Disclosure Statement • Evidence of insurability / bonding ability • Disclosure of litigation, any suspension or debarment by any governmental

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, County, or State ethical standards.

*All financial statements will only be reviewed by the Finance representative on the Evaluation Committee.

Pass / Fail

TOTAL MAXIMUM POINTS 100 Note: The Procurement Department reserves the right to request any additional information required for clarification from any proposer / applicant for evaluation purposes. EVALUATION COMMITTEE COMPOSITION The RFP Evaluation Committee will be comprised of five (5) committee members as recommended by Facilities Management and Procurement Department as follows.




1. HVAC Specialist 2. Chief Building Official 3. DBOT Co-Chair 4. Program Director 5. Finance

*All financial statements and cost analysis will be reviewed by the College’s Finance representative of VP of Finance and Administration or designee for full transparency, continuity, and accuracy of financial / cost evaluation of all proposers / applicants. Proposal Evaluation Process:

12.1 The evaluation process is designed to establish a pre-qualified pool of licensed Mechanical Contractors. Each proposers / applicant will be ranked based on the evaluation criteria.

Step One: All proposals / applications will be reviewed for compliance, accuracy, responsiveness, and completeness of the package. Once this has been verified, the proposals / applications will be submitted to the Evaluation Committee for review, assessments, and evaluation against the criteria as outlined. Scores will be applied as indicated for each section of the criteria. Incomplete proposals / applications, as determined by the Evaluation Committee will disqualify the Mechanical Contractor and the firm will not be recommended to the Palm Beach State College District Board of Trustees for the pre-qualified pool. Step Two: Upon the direction, approval and consensus of the Evaluation Committee, the proposals / applications meeting the standards for pre-qualification as defined in the criteria and ranked for the pool, shall be briefed to the Palm Beach State College District Board of Trustee’s (DBOT) for authorization to execute the master contract as negotiated for final approval. Note: The College at its discretion reserves the right to contract with one or multiple top-ranking proposer(s) / applicant(s) as it meets the needs of the taxpayers and fulfills the requirements as outlined in the Request for Proposal.

12.2 The RFP Facilitator shall manage the proposal / application evaluation process and maintain proposal / application evaluation records. An Evaluation Committee will independently evaluate each proposal and selection will be made according to the highest score(s) based on the criteria outlined.

12.3 All proposals / applications shall be reviewed by the RFP Facilitator to determine

compliance with the basic proposal requirements as specified in the RFP. 12.4 The College reserves the right, at its sole discretion, to request clarifications or conduct

discussions for clarification with any or all Proposers /Applicants. The purpose of any such discussions shall be to ensure full understanding of the proposal or application. If clarifications are made because 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 RFP Facilitator. Proposers / Applicants are prohibited from contacting the Evaluation Committee members directly.


Contract Award Process:

12.5 The RFP Facilitator shall forward results from the proposal / application process and award Recommendation to the Palm Beach State College District Board of Trustee’s (DBOT). For their review and approval.

12.6 The College reserves the right to make an award without further discussion of any

proposals or applications submitted. There shall be no best and final offer procedure. Therefore, each proposer / applicant should initially submit their most favorable offer.

12.7 The apparent highest ranked proposer(s) / applicant(s) shall be prepared to enter into a

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

12.8 Contract award shall be subject to the contract approval of all appropriate officials in

accordance with applicable District Board of Trustee guidelines, Procurement policies, State laws, and regulations.

13.0 GENERAL REQUIREMENTS

13.1 Request for Proposal. All requirements contained in the Request for Proposal are hereby incorporated in the scope of work, specifications, and the subsequent contract.

13.2 Examination of Drawings and Contract Documents. Proposers and applicants shall thoroughly examine the scope of work, 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 requirements. No plea of ignorance by the Proposer or applicant of conditions that exist or may hereafter exist, because of failure or omission on the part of the Proposer or applicant to make said investigations and visits, and/or failure to fulfill in every detail the requirements of the scope or 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) or Applicant(s).

13.3 Proposal Price. Proposers and Applicants must agree to furnish all item(s) that are awarded to them because of their response to scope and specifications at the price(s) indicated on their respective proposals, applications, or Questionnaire. Proposers and Applicants shall guarantee that said price(s) shall be firm, and not subject to escalation, for the one hundred twenty (120) days after proposal opening and review period. Submittal of a proposal or application shall be prima facie evidence of the Proposer's or Applicant’s intent to comply with this requirement. Any proposal or application submitted with escalation clauses shall be rejected.

13.4 Best and Final Offer. The College reserves the right to negotiate with all Proposers and Applicants for the purpose of obtaining best and final offers. Proposers and Applicants shall


be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals or applications. 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 and Applicants 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 the responsive and responsible Proposers and Applicants that submitted proposals or applications. 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 solicitation opening.

13.5 Qualifications. Proposers and Applicants shall have the necessary organization, experience, capital, and equipment to carry out the provisions of the Contract to the satisfaction of the College. Proposers and Applicants will submit all required licenses and certifications required to perform this project with the proposal and application reply. References from five (5) existing firms to which the firm 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 and Applicant’s organization must be furnished as specified herein.

13.6 Rejection of Proposals / Applications. The College may reject all proposals or applications not meeting mandatory responsiveness requirements, which include terms, conditions or requirements that must be met by the proposer or applicant to be responsive to this Solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of the RFP. In addition, the College may reject any or all proposals and applications containing material deviations. Any RFP rejected for failure to meet mandatory responsiveness requirements will not be reviewed. College reserves the right to reject all responsive RFP’s at any time if it is in the Colleges best interest determined at the sole discretion of the College.

13.7 Verbal Instructions. No negotiations, decisions, or actions shall be initiated or executed by the proposer or applicant because 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 or applicant’s representative that are in writing and signed will be recognized by the College as duly authorized expressions on behalf of the proposer or applicant.

13.8 Award of Contract. The College shall take measures as deemed necessary to determine the ability of the Proposer or Applicant to perform the obligations of the Contract. The College may reject any proposal or application where an investigation of the available information indicates a Proposer or Applicant is not the most qualified to perform the obligation of the Contract. The College may require a Proposer or Applicant to furnish additional statements of qualifications.

13.9 Award Date. The award date is the date that the Palm Beach State District Board of Trustee (DBOT) executes the motion by majority vote to award the contract derived from the RFP, regardless of the dated the Proposer or Applicant receives notification of the award. Notification of the award may be given via e-mail, facsimile, U.S. mail system, courier, or via general posting on the Palm Beach State College or DemandStar website.

Note: The award is not a “notice to proceed” with any work.


13.10 Execution of Contract. The Proposer or Applicant 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 or Applicant shall execute the Contract, deliver the required Insurance Certificates and other documentation as required by the RFP. 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, along with a “notice to proceed” from the perspective department.

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

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

13.13 Lobbying. “Lobbying” means influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature. Fla. Stat. Ann. § 11.045. “Lobbyist” means a person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. Fla. Stat. Ann. § 11.045.

During this solicitation process, no Proposer or Applicant, his or her agent, employee, representative, or anyone acting on their behalf shall not contact any College employees, President, Cabinet Members, Directors, Department Heads, or District Board of Trustees, doing so will immediately disqualify your firm from participating in this process.

13.14 Variances of Specifications. Proposers and Applicants must indicate any variances to the Scope or Specifications. If variations and/or alternates are not stated in Proposer's or Applicant’s reply, it shall be construed that the proposal or application fully conforms to the scope and specifications.

13.15 Subcontracting or Assigning of the Contract. The selected Proposer or Applicant 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 or Applicant shall list all subcontractors and the work provided by the suppliers in the area provided on the Proposal and Application or Questionnaire Reply Sheet.

The successful Proposer(s) or Applicant(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 or Application, to the College within five (5) days after the proposal 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 or Applicant to submit an acceptable substitute without an increase in Proposal or Application price.

If the apparent successful Proposer(s)or Applicant(s) declines to make any such substitution, College may award the Contract to the next acceptable Proposer(s)or Applicant(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 RFP security of any Proposer(s)or Applicant(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 Director of Procurement, enter written subcontract(s) for performance of certain of its functions under the Contract. No subcontract, which the proposer or applicant enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the proposer or applicant of any responsibility for the performance of its duties, including 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 or applicant. The College may reject all subcontracts.

13.16 Novation. If the Proposer or Applicant sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Palm Beach State District Board of Trustees reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Proposer or Applicant aka Contractor.

13.17 Public Entity Crime Statement. All solicitations as defined by Section 287.012(11), Florida Statutes, requests for solicitations 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.”

13.18 Cooperative Purchasing Agreement. These Proposals and Applications 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 Proposers or Applicants.


With the consent and agreement of the successful proposers or applicants, purchases may be made under this RFP 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).

13.19 Anti-Discrimination. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal or applicant on a contract to provide goods or services to a public entity, may not submit a proposal or application for a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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.

13.20 Permits. The selected Proposer or Applicant shall be responsible for obtaining all permits, licenses, certifications, etc., required by Federal, State, county, and municipal laws, regulations codes, DBOT policies, Facilities Planning and Construction Department guidelines and ordinances for the performance of the work required in scope, specifications, and to conform to the requirements of said legislation.

13.21 Familiarity with Laws. The selected Proposer or Applicant is assumed to be familiar with all Federal, State, and local laws, ordinances, rules, DBOT policies, and regulations that may affect the work. Ignorance on the part of the Proposer or Applicant will in no way relieve him or her from responsibility. The selected Proposer or Applicant will submit all proposals or applications in compliance with the 28 C.F.R. § 35.151.

13.22 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 or applicant 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, Proposer’s or Applicant’s aka (Contractor’s) refusal to comply with this provision shall constitute sufficient cause for termination of the contract resulting from this Solicitation.

Proposer or Applicant acknowledges that all information contained within their proposal or application is part of the public domain as defined by the State of Florida Sunshine and Public Record Laws.

13.23 Retention of Records. Proposer or Applicant 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 proposer or applicant aka (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 proposer or applicant aka (contractor) will cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The proposer or applicant aka (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.

13.24 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 proposal or application prior to their delivery, it shall be the responsibility of the successful proposer or applicant 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.

13.25 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 proposals and applications 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 proposers or applicants shall not constitute a cognizable defense against the legal effect thereof.

13.26 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.

13.27 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.

13.28 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.

13.29 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 or applicant to disclose any violation of such law to the College.

13.30 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.

13.31 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 proposal or application 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.

13.32 American’s 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.


13.33 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.

13.34 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 subcontractors 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.

13.35 Performance Bond and Labor and Material Bond. Projects with an estimated construction cost greater than $200,000, but less than $499,999 shall require a performance bond and material and labor bond in the amount of one hundred percent of the contract amount. The College reserves the right to require a bond on projects less than $200,000. Note: Insurance and bonding requirements will vary based on the type of products and services provided under the solicitation / contract. Specifics insurance and bond requirements will be outlined in detail in the sample contract.

13.36 W-9 Taxpayer Identification Form. The selected Proposer or Applicant 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.

13.37 E-Verify. Proposers or Applicants shall utilize the U.S. Department of Homeland Security’s E-Verify system at https://www.e-verify.gov/about-e-verify/what-is-e-verify/e-verify-and-form-i-9 to verify the employment eligibility of all new employees hired by the Contractor during the term of the contract; and Shall expressly require any sub-contractors 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 sub-contractor during the contract term. Florida public employer, along with their private contractors and subcontractors, must enroll in and use the E-Verify system to confirm the eligibility of all employees hired after January 1, 2021. No public contract can be entered into without an E-Verify certificate. Any contractor who hires a sub must require an affidavit stating that they don’t employ, contract with, or subcontract with any unauthorized immigrants. Importantly, this affidavit provides for all newly hired employees, not just those working on government contracts. This affidavit must be kept by the general contractor for the duration of the contract and all contractors will need to go through this process for each public project. If a public employer has a good faith belief that these requirements have been knowingly violated, it can terminate the contract, without liability for breach of contract, or demand that its contractor terminate any noncompliant subcontractors. Terminations for purported violations of these requirements may be challenged in court within 20 days of the date of termination. However, if the contractor is in fact found guilty, the contractor will be barred

https://www.e-verify.gov/about-e-verify/what-is-e-verify/e-verify-and-form-i-9



from public contracting for at least a year after termination and may be held liable for any additional costs associated with the termination. In addition to private employers who contract with public entities, these new E-Verify employment eligibility requirements will also apply to employers who receive taxpayer-funded incentives through the state Department of Economic Opportunity. Beginning on January 1, 2021, the DEO will not approve an economic development incentive application unless the application includes proof that the applicant business is registered with and uses the E-Verify system in the eligibility verification process for all newly hired employees. Should the DEO make a final determination that an awardee has failed to be compliant, the employer will be forced to repay all moneys received by the DEO as an economic incentive.

13.38 Withdrawal of Proposals or Applications. A Proposer or Applicant may withdraw his/her proposal or application without prejudice no later than the day and hour set in the E-Solicitation by removing all documents from DemandStar.

13.39 Intent to Perform. The selected Proposer or Applicant must agree that time is of the essence and that all requirements stated in the scope and specifications are critical as it relates to the time of performance. Submittal of a proposal shall be prima facie evidence of the Selected Proposers or Applicants intent to comply with the scope and specifications.

13.40 Quality of Materials or Services. Proposer / Applicant shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Proposer / Applicant is proposing the exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended.

13.41 Samples. Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal, Proposer / Applicant certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Proposers / Applicants agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements. Submissions may no longer be considered for failing to submit samples as requested.

13.42 Force Majeure, Notice of Delay, and No Damages for Delay. The Proposer and Applicant aka(Contractor) if by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then 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 when it first arose, if the Contractor could reasonably foresee that a delay could occur as a result of, 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 of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.


The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Florida or any civil or military authority; insurrections; riots, epidemics; landslides; lightening; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents of machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that a Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

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 or agreement terms.

13.43 Terminations 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.

14.0 ADDITIONAL INFORMATION

14.1 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”.

14.1.1 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, Procurement


Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds.

14.2 Protesting of Award Recommendations / Tabulations. Award Recommendations and

Tabulations will be posted in the Procurement 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 Procurement 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 Procurement 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 Procurement


Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds.

14.3 Preference of 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 principal 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 if 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.

15.0 RULING ORDER OF DOCUMENTS

This RFP, proposal, and the application response documents submitted shall be incorporated into the final contract or master agreement by reference. Therefore, all requirements in the RFP not specifically addressed in an exception statement in the proposal or application, and accepted in the contract or agreement documents, shall stand as contractual responsibilities


of the proposal or applicant respondent. The Contract or Master Agreement shall be the controlling document over the Proposal or Application response and the RFP; the RFP shall be the ruling document over the Proposal or Application response for all requirements in the RFP not specifically addressed in an exception statement in the proposal. Statement and requirements in the RFP shall rule over the Proposal or Application document In the event of a conflict between provisions of the Contract, Master Agreement, and the RFP or Response to the RFP, the Contract or Master Agreement shall control. In the event of a conflict between the Response to the RFP and the RFP, the Response to the RFP shall control. In the event of a conflict between the Contract, Master Agreement, and any of its attachments or exhibits thereto, the Contract, or Master Agreement shall control. INCLUSION OF SUPPORTING DOCUMENTS: All those submitting sealed replies in response to this RFP understand that the Solicitation document, the sealed reply, and all documents and/or materials represented in the presentation to the committee shall be a complete record and shall be included in the final contract or master agreement.

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(THIS IS A SAMPLE ONLY – PLEASE “DO NOT” EXECUTE) SAMPLE MASTER AGREEMENT

RFP #20/21-03 Pre-Qualification of Mechanical Contractors


THIS MASTER AGREEMENT made this _____ day of ____________, 2021, between the DISTRICT BOARD OF TRUSTEES OF PALM BEACH STATE COLLEGE, 4200 Congress Avenue, Lake Worth, Florida 33461, hereinafter called the “College” and the Mechanical Contractor (Name, Address, City, State, Zip Code), hereinafter called the “Contractor”.

SECTION 1 RECITALS

In consideration of the below master agreement and covenant set forth herein, the parties agree as follows: WHEREAS Palm Beach State College issued Request for Proposal #20/21-03 for Pre-Qualification of Mechanical Contractors HVAC Equipment, Installation, Services & Related Products to which a pool of Contractors provided a response (“Proposal / Application”); and WHEREAS, the parties agree and understand the following pages all constitute the Master Agreement between the Contractor and the College, having its principal place of business at 4200 Congress Avenue, Lake Worth, Florida 33461: and WHEREAS, Contractor understands that the Master Agreement binds the overall scope of services outlined in the RFP and each project will have a specific scope of work outlined in a request for bid governed by an independent project specific contract; and WHEREAS, Contractor is qualified, willing, and able to provide the Scope of Services, terms, and conditions as set forth herein; and WHEREAS, this Master Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. NOW THEREFORE, in consideration of the premises in the mutual covenants herein name, the College and Contractor(s) agree as follows: The Recitals set forth above are hereby incorporated into this Master Agreement and made a part hereof for reference.

SECTION 2 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 Master Agreement.


Mechanical Contractor Firm: College Procurement Contact: Lenora Sevillian, MBA, CIPP, CPPP, CPCM, SFC, NCN-A, CPe-P

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: David Suarez Project Construction Manager Facilities Planning and Construction 4200 Congress Avenue Lake Worth, Florida 33461-4796 Telephone: 561-868-3059 Fax: 561-868-3478 E-mail: [email protected]

SECTION 3

TIME OF PERFORMANCE

The initial Master Agreement shall be effective upon approval of the District Board of Trustees majority vote and signed by the Board Chair. The Master Agreement shall be value for one (1) year from the date of execution and considering any subsequent mutually agreed upon agreements / contracts renewals as governed by the terms of the agreement in “Section Four”. No work under this Master Agreement shall begin without a “Notice to Proceed” on the date specified by the department’s Project Manager.

SECTION 4 TERM OF AGREEMENT

The term of this contract shall be for one (1) year from the date of award and may by mutual agreement between the Palm Beach State College District Board of Trustee’s and the awardee(s), be renewable for four (4) additional one (1) year periods based on satisfactory performance, with the same terms, conditions, and pricing. All contract renewals shall be initiated one hundred twenty (120) days prior to the expiration of the contract. All prices negotiated shall remain firm for the entire length of the Contract and all subsequent renewal periods, however, nothing prohibits the College from accepting lower pricing during the term of this Contract. Contractor acknowledges and understands the College is under no obligation whatsoever to extend the terms of this Agreement.

SECTION 5

SCOPE Contractor shall perform all duties, responsibilities, and obligations, set forth in this master agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.




SECTION 6

FORM OF AGREEMENT The form of the Master Agreement shall be the RFP, the General Contractor(s) proposal, application, scope of work, and specifications on file in the Procurement Department of the College. All documents submitted by the Contractor in relation to said solicitation, and all documents promulgated by the College for soliciting proposals are, by reference, made a part hereof as if set forth herein full.

SECTION 7 ORDER OF PRECEDENCE

In the event of a conflict in the provisions of the Master Agreement as accepted by the College, the following order of precedence shall prevail:

1. The Master Agreement 2. Proposer / Applicant aka (Contractor(s)) Best and Final Offer (BAFO) 3. Proposer / Applicant aka (Contractor (s)) proposal / application 4. RFP and any addenda

SECTION 8

COMMENCEMENT OF WORK

The Contractor is cautioned not to commence any billable work or provide any material or service under this Master Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing with a “Notice to Proceed” by the College.

SECTION 9 COMPENSATION

Cost associated with the products, services, and labor outlined in the RFP will be based on the final negotiated rates, and percentages based on the not to exceed pricing from manufacturer’s price list, catalog, fixed price, or combination or both based on indefinite quantities. This information will be inserted from the cost / rate proposal sheet.

SECTION 10 PRICE ADJUSTMENTS

Should it become necessary or proper during the term of this Master Agreement to make any change in design or any alterations that increase price, the College must be notified immediately. Price increases must be approved by the College and no payment for additional materials or services, beyond the amount stipulated in the Master Agreement shall be paid without prior approval. All price increases must be supported by manufacturer documentation, formal cost justification letter, or CPIU for the Southeast Region of the United States. Contractor must honor previous prices for thirty (30) days after approval and written notification from the College. It is the Contractor’s responsibility to keep all pricing up to date and on file with the College. All price changes must be provided to the College, using the same format as provided and accepted in the Contractor’s proposal and application. Price reductions may be offered at any time during the Master Agreement. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally;


2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer the College any published price reduction during the Master Agreement term.

SECTION 11 WORK CHANGES

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

SECTION 12 PAYMENT OF INVOICES

Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of properly completely invoice(s). Invoices for services shall be submitted once per month, by the fifteenth (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 the Project Manager or Department Director.

SECTION 13

FINANCIAL STABILITY

Financial Stability. Financial Strength and competence, responsibility of the firm or entity, ensuring the stability of future operations.

• Financial Statements: Proposers / Applicants 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 Position), 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/Applicant is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held 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.

• Bonding – Insurance: Proposers / Applicants will provide a letter showing evidence of insurability and bonding capability. Bonding and insurance requirements are outlined in


detail within the sample contract in the RFP. Bonds are required for one hundred percent (100%) of any projects valued over two hundred thousand dollars ($200,000.00).

Disclosure of Litigation. 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 Palm Beach State College.

• Prior litigation, arbitration, and claims, including those with the College. • List all performance related legal claims, litigation, demands, contracts terminated due

to non-performance, lawsuits filed, threatened, pending, and settlements involved in over the past five (5) years.

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

• Within the last five (5) years, has the proposer / applicant defaulted on a contract to provide Mechanical Contracting Services or any litigation regarding such contracts; cancellation of, or failure to be renewed for alleged fault? Provide specific information regarding the aforementioned.

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

SECTION 14 INSURANCE

The Contractor shall, on a primary basis and at its sole expense, agree to always maintain in full force and effect during the life of this Master Agreement, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein, as well as College's review or acceptance of insurance maintained by Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Master Agreement. 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 Master Agreement 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 Contractor 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 Contractor 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 Contractor 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 Contractors 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 Master Agreement has been endorsed to include the College, a public educational institution under the State of Florida, including its officers, agents, and employees District Board of Trustees 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 public educational institution under the State of Florida, its officers, employees and agents and shall include RFP#20/21-03 Pre-Qualification of Mechanical Contractors HVAC Equipment, Installation, Services & Related Products 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. If the statutory liability of the College is amended during the term of this Contract to exceed the above limits, the Contractor 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 Contractor(s) and Sub-Contractor(s)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 Contractor 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 Contractor does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Contractor 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: Contractor 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 Contractor 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 Master Agreement, Contractor 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 Contractor shall agree by entering this Master Agreement 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 a pre-loss Master Agreement to waive subrogation without an endorsement then Contractor 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 Contractor enter such a Master Agreement on a pre-loss basis.

Deductibles: All deductible amounts shall be paid for and be the responsibility of the Contractor for all claims under this Master Agreement. 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 Contractor to ensure that all independent Contractor(s) and/or Sub-Contractor(s)are complying with the same insurance requirements referenced above.

The Contractor 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 Contractor to execute the master agreement and/or punctually deliver the required insurance, and other documentation may be cause for annulment of the award.

SECTION 15 LICENSES

Contractor shall maintain a ‘current status’ on all Federal, State, and local licenses, bonds, and permits required for the operation of the business conducted by Contractor and insure the same for all sub-contractor(s) hired. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services in the Master Agreement. The College reserves the right to stop work and or cancel the Master Agreement if the Contractor’s license(s) expire, lapse, are suspended, or terminated.

SECTION 16

INDEMIFICATION / HOLD HARMLESS Contractor 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 Contractor or Contractor’s, agents, laborers, subcontractors or other personnel or entity acting under Contractor’s control in connection with the Contractor’s performance of services under this Master Agreement. Contractor 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 Master Agreement by Contractor 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 Contractor or any agent laborers, subcontractors, or employee of Contractor regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Contractor 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 Contractor on the work. This indemnification shall survive the termination of this Master Agreement.

SECTION 17

SOVEREIGN IMMUNITY

Nothing contained in this Master Agreement 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 18 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY

The Proposer and Applicant aka(Contractor) if by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then 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 when it first arose, if the Contractor could reasonably foresee that a delay could occur as a result of, 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 of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Florida or any civil or military authority; insurrections; riots, epidemics; landslides; lightening; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents of machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that a Force Majeure shall be remedied with all


reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 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 or agreement terms.

SECTION 19 PROHIBITION AGAINST FILING OR MAINTAING LIENS AND SUITS

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

SECTION 20 COMPLIANCE WITH LAWS

The Contractor 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 Master Agreement. All materials furnished and works done are to comply with all federal, state, and local laws and regulations. Contractor will comply with all requirements of 28 C.F.R. § 35.151. Contractors and Sub-Contractors shall comply with § 119.0701, Fla. Stat. (2013). The Contractor and Sub-Contractor, are to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Master Agreement, 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 to perform the service.

1. management/general-records-schedules/). 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-

2. During the term of the master agreement, the Contractor shall maintain all books, reports

and records in accordance with generally accepted accounting practices and standards

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




for records directly related to this master agreement. 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 Master Agreement 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 21 WARRANTY CONDITIONS

All supplies, equipment, and services shall include manufacturer’s minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.

SECTION 22

INSPECTION AND CORRECTION OF DEFECTS

If the College deems it expedient to perform work which has not been done by the Contractor(s) as required by the Scope or Specifications, or to correct work which has been improperly and or inadequately performed by the Contractor(s) as required in the Scope or Specifications, all expenses thus incurred by the College, at the College’s discretion, will be invoiced to the Contractor(s) and or may be deducted from payments due to the Contractor(s). Deductions thus made will not excuse the Contractor(s) from other penalties and or conditions contained in this Master Agreement. If defective or incorrect material is delivered, the College may make the determination to return the material to the Contractor at no cost to the College. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material.

SECTION 23 AUDIT RIGHTS

Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by the Collee and any that utilized this Master Agreement. The College reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Master Agreement for a period of one (1) year form the effective date of termination. The College shall have the authority to conduct random audits of the Contractor’s pricing at the College’s sole cost and expense. Notwithstanding the foregoing, in the event the College is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, the College shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole expense. The College may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by the College.

SECTION 24 DELIVERY / SERVICE FAILURES

Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the buyer or failure to make replacements or corrections of rejected articles / services when so requested shall constitute grounds for the Master Agreement to be terminated. In the event the College must purchase in an open market, Contractor agrees to reimburse the College, within a reasonable time period, for all expenses incurred.

SECTION 25 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 26 ADDITONAL REQUIREMENTS

Authorized Distributors and Dealers. Contractors is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal and or application, to sell under this Master Agreement without notification and prior written approval from the College. Contractor(s) must notify the College each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by the College. Pricing provided to the College by added distributors or dealers must also be less than or equal to the Contractor’s pricing. Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. Note: Pre-Approval must be obtained from the College in writing. New Products and Services. New Products and or services that meet the Scope of Work may be added to the Master Agreement. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original discount, and if the products meet the requirements of the Master Agreement. No products and or services many be added to avoid competitive procurement requirements. The College may require additions to be submitted with documentation from departments demonstrating an interest in, or a potential requirement for, the new product or service. The College may reject any additions without cause. All additions require Pre-Approval from the College in writing. 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. Options. Optional equipment for products under the Master Agreement may be added to the Master Agreement at the time they become available under the following conditions: 1) the option is priced at a discount similar to the other options; 2) the option is an enhancement to the unit that improves performance or reliability. All options require Pre-Approval from the College in writing.

Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required and directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe, and unobstructed conditions. Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless the Contractor does the preparation work at no cost, or until the College includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to, moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

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




Safety Measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to State law and standard practices to protect workers, general public, and existing structures from injury or damage. Permits. The selected Contractor 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 Contractor 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.

Patent Fees, Royalties, and Licenses. If the Contractor requires or desires to use any design, trademark, device, material, or process covered by letters of patent or copyright, the Contractor and his surety shall indemnify and hold harmless the College from all claims for infringement in connection with the work agreed to be performed. The Contractor 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. Contractual Relations. The Contractor(s) are advised that nothing contained in this Master Agreement, scope of work or specifications shall create any contractual agreement or relation between the College and any Sub-Contractor(s) of the Contractor(s). Dress Code. All personnel in the employ of the Contractor(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.

College’s Public Relation’s Image. The Contractor’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 Contractor involved in the execution of work that is deemed to be conducting his/herself in an unacceptable manner shall be removed from the project at the request of the College’s Project Manager.

SECTION 27 ASSIGNMENT

No assignment of the Master Agreement may be made without the prior written approval of the College. Contractor is required to notify the College when any material change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.). Contractor shall not delegate, assign, or subcontract any part of the work under this Master Agreement or assign any monies due him or her hereunder without first obtaining the written consent of the College.

SECTION 28 NOVATION

If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Master Agreement, a successor in interest must guarantee to perform all obligations under this Master


Agreement. The College reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of the Contractor.

SECTION 29 TERMINATION

Cancellation for Non-Performance or Contractor Deficiency. The College may terminate the Master Agreement if purchase volume is determined to be low volume in any 12-month period. The College reserves the right to cancel the whole or any part of this Master Agreement due to failure by Contractor to carry out any obligation, term, or condition of the master agreement. The College may issue a written deficiency (cure) notice to Contractor for acting or failing to act in any of the following:

1. Providing material that does not meet the specifications of the Master Agreement. 2. Providing work or material that was not awarded under the Master Agreement. 3. Failing to adequately perform the services set forth in the Scope of Work and specifications. 4. Failing to complete required work or furnish required materials within a reasonable amount of

time. 5. Failing to make progress in performance of the Master Agreement or giving the College reason

to believe Contractor will not or cannot perform the requirements of the Master Agreement; or 6. Performing work or providing services under the Master Agreement prior to receiving an

authorized purchase order. Upon receipt of a written deficiency (cure) notice, Contractor shall have ten (10) days to provide a satisfactory response to the College. Failure to adequately address all issues of concern may result in Master Agreement cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data, and reports prepared by Contractor under the Master Agreement shall immediately become the property of the College. Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Master Agreement. The College reserves the right to terminate the Master Agreement immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models, and reports prepared by Contractor will become the property of the College. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. Standard Cancellation. The College may cancel this Master Agreement in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. The College also reserves the right to terminate the remaining services to be performed in the event the Contractor(s) are placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors.

SECTION 30 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 31 APPROPRIATION APPROVAL

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

SECTION 32 TRUTH-IN-NEGOTIATIONS

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

SECTION 33 CONFLICT OF INTEREST

The College hereby acknowledges that the Contractor 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 Contractor 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 proposal or application the Contractor shall disclose all its South Florida clients and related Scope of Work.

SECTION 34 PUBLIC RECORDS / TRADE SECRETS / COPYRIGHT

The Proposer’s response to the RFP 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 RFP and the Master Agreement to be executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer’s response to the RFP purporting to require confidentiality of any portion of the Proposer’s response to the RFP, 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 proposers 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 because 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 35 PROHIBITION AGAINST CONTINGENT FEES

The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Master Agreement 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 Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Master Agreement.

SECTION 36 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 Master Agreement, Contractor 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 37 CODE OF ETHICS

Contractor 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 38 POLICY OF NON-DISCRIMINATION

Contractor shall not discriminate against any person in its operations, activities, or delivery of services under this Master Agreement. Contractor 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 39 SEVERABILITY

The Parties to this Master Agreement 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 Master Agreement 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 Master Agreement) and the remainder of this Master Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Master Agreement to be inequitable under the circumstances.

SECTION 40 ENTIRE AGREEMENT (PAROL EVIDENCE)

The written terms and provisions of this Master Agreement shall supersede 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, or forming a part of, or altering in any manner whatsoever, this Master Agreement or Master Agreement documents. IN THE WITNESS WHEREOF, the parties have executed this master agreement, the day and year first above written. PALM BEACH STATE COLLEGE CONTRACTOR By: _________________________________ By: ____________________________________ District Board of Trustee (Chairperson) Authorized Representative State of: ________________________ County of: ________________________ Before me personally appeared: _________________________________________________ (Please print clearly) 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. (she/he) WITNESS my hand and official seal, this _______day of __________, 2021. _____________________________________________ Notary Signature Notary Public State of ______________ at Large. My Commission Expires _____________________.


COST / RATE PROPOSAL RFP #20/21-03

Pre-Qualification of Mechanical Contractors HVAC Equipment, Installation, Services & Related Products

LABOR RATE: ITEM DESCRIPTION UNIT OF MEASURE RATE ($) 1. Technician Regular Time Hourly 2. Technician Alternative Time Hourly 3. Helper / Assistant Regular Time Hourly 4. Helper / Assistant Alternative Time Hourly 5. Supervisor Regular Time Hourly 6. Supervisor Alternative Time Hourly

• All labor rates will be based on standard hours. Indicate standard hours. __________AM to ___________ PM Monday through Friday. • Overtime rates (after standard hours and Saturday) ______________ X Standard Rates.

• Overtime rates Sunday, Holidays) __________________ X Standard Rates. • Minimum charge of ___________ hours of overtime work.

Note: The College requests Proposers / Applicants aka (Mechanical Contractors) pricing be submitted as not to exceed pricing. Unlike fixed pricing, this pricing can be adjusted lower if needed, but cannot exceed original pricing submitted. Mechanical Contractors must allow for lower pricing to be available for similar products and service purchases. Cost plus pricing as a primary pricing structure is “not acceptable”. PRODUCTS AND SERVICES CATEGORY PERCENTAGES:

CATEGORY *PERCENTAGE OFF DISCOUNT

SPECIAL MANUFACTURER NOTE

HVAC Refrigeration Indoor Air Quality Products and Devices

Unitary / Packaged HVAC Equip Air Handling Air Terminal Devices and Heating Products

DDC Controls Cooling Towers Pumps Invertors / Variable Frequency Drive

Water Heaters HVAC Specialty Products Equipment Parts and Supplies Equipment Rentals All other products offered

*Percentage-Off Discount shall be based on a discount from a manufacturer’s price list, catalog, or combination of both with indefinite quantities. Note: Do not reference or submit other entity contracts or cooperative pricing this will disqualify your submission.


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: (Insert Name) 1. That the undersigned firm (proposer/applicant) to receive an agreement for contractual and

or professional services with the College. 2. That the undersigned firm is a corporation which engages in furnishing Mechanical

Contracting Services and is entering into an agreement as a prequalified vendor with the College to provide these services for a project known as RFP #20/21-03 Pre-Qualification of Mechanical Contractors for HVAC Equipment, Installation, Service & Related Products.

3. That the undersigned firm has furnished the College a detailed analysis of the cost of the contractual and or 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 contractual and or professional services on the project(s).

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 __________, 2021. (SEAL)

_________________________________ Signature _________________________________ Notary Name (typed or printed) _________________________________ Title or Rank


QUESTIONNAIRE RFP #20/21-03


It is understood and agreed that the following information is to be used by the College to determine the qualifications of (Proposers)aka Mechanical Contractors to perform the work required as outlined in this solicitation. The undersigned attests to the truth and accuracy of all statements included in this questionnaire. Also, the undersigned hereby authorizes any public official, consultant, surety, bank, manufacturer, distributor, corporation, or any person or organization requires by Palm Beach State College and the District Board of Trustees to furnish the College any pertinent information deemed necessary to verify the information contained in this document.

Dated this_________day of__________, 2021.

_________________________________________

Name of Organization / Applicant

By: _______________________________________ Name and Title

(Note: If more space is required, please attach additional sheets.)

1. Is your Mechanical Contracting firm a Corporation, Partnership, Joint Venture, Sole Proprietor or other?________________________________________________________________________________________________________________________________________________________________________________

2. Mechanical Contractor’s name and main office address, telephone, fax number, and e-mail

address. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Mechanical Contractor’s previous name (if any). ___________________________________________________________________________________________

4. How many years has your company been providing Mechanical Contracting Services? ______ Number of years established in Florida as a Mechanical Contractor? ____________

5. Please provide your State of Florida professional license and registration type. This should

include the type of license, the number, and expiration date of the license. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


6. Please list areas of experience related to the installation of HVAC systems, i.e., air conditioning, heating, refrigeration, and sheet metal duct work. How many years of experience does your company have doing these types of projects? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. Please list all factory service certifications held by members of your firm. Include Brand or Make and type of equipment; individuals name holding certificate not required. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. Please list the last five (5) projects completed by your company for an educational institution,

municipal government agency, and / or private entity within the last three (3) years.

# Agency Project Contact Name & Telephone

Contact E-mail Address

1. 2. 3. 4. 5.

9. List all projects within the last five (5) years where your company was awarded the project,

however the project was not completed. Please list the name of the client, reason for the incomplete status, location, and date.

# Client Name Location Reason Date 1. 2. 3. 4.

10. How many projects does your company currently have under contract?

___________________________________________________________________________________________

11. Is your company able to provide a valid and current Certificate of Insurance? Are you able to guarantee all coverage as included in this solicitation as a requirement to do business with Palm Beach State College? And will you comply will listing Palm Beach State College and Palm Beach State College District Board of Trustee’s as additional insured as required? ___________________________________________________________________________________________

12. Is your company pre-qualified to provide a surety bond for any facility projects that are over $200,000 per the guidelines of the Florida Statue? Do you understand that your bond must be presented prior to starting work on any projects over this limit for the full value of the total project amount? __________________________________________________________________________________


13. Is your company currently pre-qualified as a Mechanical Contractor with any other agency in

the State of Florida? If so, please provide the names of those agencies. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

14. Has your company been involved in any prior litigation, arbitration, or professional claims with contracted projects? If so, please list all performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits filed, threatened, pending, and settlements within the last five (5) years. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

15. List any adverse actions sanctioned by any regulatory authorities over the last five (5) years. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

16. Does your company have any pending agreements to merge or sell your company? If so, please provide this documentation. ______________________________________________________________________________________________________________________________________________________________________________________

17. Please provide five (5) references for mechanical contracting projects that your company

completed within the last three (3) years. The projects must be of similar in nature to those of educational institutions or public entities, preferrable to the projected forecasted in the Palm Beach State College solicitation. Please use the Reference Check Form provided on Page 53. Please make five (5) copies of this form, have your references fully complete the form and return all the completed Reference Check Forms with your completed proposal packet uploaded to DemandStar.

ADDENDUM ACKNOWLEDGMENT – Proposers aka (Mechanical Contractors) acknowledge the following addenda have been received and are included in their proposal submission. I certify that I have checked the Palm Beach State College Procurement Website at https://www.palmbeachstate.edu/purchasing and DemandStar Website for all addenda issued.

ADDENDUM NUMBER DATE ISSUED

https://www.palmbeachstate.edu/purchasing


QUESTIONNAIRE CERTIFICATION RFP #20/21-03


AGREEMENT – Proposers aka (Mechanical Contractor) agrees to comply with all requirements outlined in the scope of work and specifications of this RFP. This RFP Proposal is submitted by: Name (please print) _______________________________________ who is an officer of the above Mechanical Contracting firm and is duly authorized to sign proposal, applications, and enter into contracts to provide said services to the College. I certify that this RFP #20/21-03 submission is made without prior understanding, agreement, or connection with any corporation, mechanical contractor, or person submitting an application for the same materials, supplies, or equipment, and is in all respects fair, and without collusion or fraud. I have read the Palm Beach State College General Conditions and the Facilities General Conditions for Construction (Appendix ???) and agree to abide by these terms and conditions when contracting for projects with the College. I agree to attend any, and all mandatory pre-proposal meetings (site scope meetings), when requested to do so, prior to submitting a proposal for the PBSC projects as a pre-qualified mechanical contractor. If I skip this required site scope meeting, I understand I will be disqualified from submitting a proposal. The proposer understands that information contained in this Proposer Reply will be relied upon by the College to evaluate, rank, and select a list of pre-qualified mechanical contractors, 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 application relating to the qualifications of the proposer, as may be required by the College. I certify that the information and responses provided on this Proposer Reply are true, accurate and complete. The College may contact any entity or reference listed in this Proposer Reply. Each entity or reference may make any information available to the College. I hereby agree to abide by all conditions of this RFP.:

_____________________________ _______________________________ Signature Title

If a corporation renders this RFP Proposal the corporate seal attested by the secretary shall be affixed below. Any agent signing this RFP Proposal shall attach to this form evidence of legal authority. Witnesses: If Partnership: ________________________ _____________________________________ Print Name Print Name of Mechanical Contractor ________________________ By: __________________________________ Print Name (General Partner) ________________________ If Corporation: If Individual: ______________________________________ ________________________ Print Name of Corporation Signature By: ___________________________________ ________________________ (President) ________________________ Attest: _______________________________ Print Name (Secretary)


Palm Beach State College 4200 Congress Avenue, PS#101 Lake Worth, Florida 33461-4796 561-868-3469 (Fax)

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

(Please print or type) RFP Number: 20/21-03

Title: Pre-Qualification of Mechanical Contractors HVAC Equipment, Installation, Services & Related Products

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 all the information below and return it to the requesting party.

1. Please describe the scope of work awarded under the contract your entity has with the Mechanical Contractor. What type of service did the contractor perform?

2. What category of services does your agency or entity provide? Is the organization public or private?

3. Did the firm successfully complete the scope of Mechanical Contracting services on time and within the specifications of the project(s)?

4. What problems or challenges if any did you encounter during this project and or contract?

5. How would you rank the overall level of satisfaction with the Mechanical Contractor on a scale of (1) being low to (10) being high, for the following categories?

CATEGORY RANK (1-10) CATEGORY RANK (1-10) Professionalism Final Project Qualifications Cooperation Project Budget Control Reliability

6. If given an opportunity, would you extend your current contract or offer a new contract to this

Mechanical Contractor? Yes No Maybe

7. Please provide any additional comments.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Thank you. Note: All references must be submitted “complete” and included in the RFP Proposal reply submitted by the specified proposal deadline.


E-VERIFY EMPLOYMENT ELIGIBILITY VERIFICATION

PALM BEACH STATE COLLEGE RFP #20/21-03


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 at https://www.e-verify.gov/about-e-verify/what-is-e-verify/e-verify-and-form-i-9 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 sub-contractors 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 sub-contractor during the contract term.

3. Florida public employer, along with their private contractors and subcontractors, must enroll in and use the E-Verify system to confirm the eligibility of all employees hired after January 1, 2021. No public contract can be entered into without an E-Verify certificate. Any contractor who hires a sub must require an affidavit stating that they don’t employ, contract with, or subcontract with any unauthorized immigrants. Importantly, this affidavit provides for all newly hired employees, not just those working on government contracts. This affidavit must be kept by the general contractor for the duration of the contract and all contractors will need to go through this process for each public project.

4. If a public employer has a good faith belief that these requirements have been knowingly violated, it can terminate the contract, without liability for breach of contract, or demand that its contractor terminate any noncompliant subcontractors. Terminations for purported violations of these requirements may be challenged in court within 20 days of the date of termination. However, if the contractor is in fact found guilty, the contractor will be barred from public contracting for at least a year after termination and may be held liable for any additional costs associated with the termination.

5. In addition to private employers who contract with public entities, these new E-Verify employment eligibility requirements will also apply to employers who receive taxpayer-funded incentives through the state Department of Economic Opportunity. Beginning on January 1, 2021, the DEO will not approve an economic development incentive application unless the application includes proof that the applicant business is registered with and uses the E-Verify system in the eligibility verification process for all newly hired employees. Should the DEO make a final determination that an awardee has failed to be compliant, the employer will be forced to repay all moneys received by the DEO as an economic incentive.

Company / Mechanical Contractor: Authorized Signature: Title: Date:




DRUG-FREE WORKPLACE FORM RFP #20/21-03


The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that _____________________________________________________ does: (Insert Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession, or use of 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 application a copy of the state specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as condition of working on the commodities or contractual services that are under application, 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 Stated 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 Mechanical Contractor complies fully with the above requirements.

_____________________________________ Proposer’s Signature

______________________________________ Date


CONTRACTOR CODE OF ETHICS RFP #20/21-03


The Palm Beach State College, District Board of Trustee’s (“College”), through its Procurement Department (“PD”) is committed to a solicitation process that fosters fair, equal, and open competition, is conducted under the highest ethical standards, and rallies the complete confidence of the public at large. To achieve these goals, PBSC requires each Contractor who seeks to do business with the College to subscribe to this Contractor Code of Ethics.

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

A Contractor will not discuss or consult with other Contractor’s intending to submit a proposal, bid, quote or application for the same contract or similar College contract with the intent to limit competition. A Contractor will not make any attempt to induce any individual(s) or entity to submit or not submit a proposal, bid, quote, or application.

Contractor’s will not disclose the terms of its proposal, bid, quote, or application directly or indirectly, to other competing Contractor’s prior to the proposal, bid, quote, or application closing date.

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

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

Contractor will not offer or give any gifts, items, or service of value, directly or indirectly, to any College employee, College official, Board Member, employee family member or other vendor contracted by the College.

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

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

Contractors must comply with all applicable laws, codes or regulations of the state, counties, 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 confirm their practices to any published standards for their industry. Compliance with laws, regulations, and practices include, but are not limited to the following:

Obtaining and maintaining all required environmental permits. Further, Contractor will endeavor to minimize natural resource consumption through conservation, recycling, and substitution methods.

Providing workers with a safe working environment, which includes identifying, and evaluating workplace risks, and establishing processes for which employees can report health, and safety incidents, as well as providing adequate safety training.

Providing workers with an environment free of discrimination, harassment, and abuse, which includes establishing a written anti-discrimination, and anti-bullying and 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 contained 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 this and the law, regulation(s) and or Contractor contract, the law, regulatory provision(s), and or Contractor contract shall prevail.


MECHANICAL CONTRACTOR VERIFICATION FORM PALM BEACH STATE COLLEGE

RFP #20/21-03 Pre-Qualification of Mechanical Contractors


THE FOLLOWING IS TO BE COMPLETED BY THE PROPOSER: Name of Mechanical Contractor:

Corporate Title:

Address:

City, State, Zip Code:

Telephone Number:

Fax Number:

Authorized Signature:

State of Florida Mechanical Contracting License(s) #

(ATTACH COPY)

County License(s)# (if applicable)

(ATTACH COPY)

All Applicable Sub-contractor(s) Trade License(s) Held

(ATTACH COPIES)


NON-COLLUSION AFFIDAVIT RFP #20/21-03


State of __________________________} County of ________________________} ___________________________________, being first duly sworn, disposes and says that: (Name(s)

1. They are ____________________ of ______________________ the Proposer’s that (Title) (Name of Company)

has submitted the attached Proposal / Application.

2. He/she is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such Proposal / Application.

3. Such Proposal / Application is genuine and is not a collusive or sham Proposal / Application. 4. Neither the said Proposer / Applicant nor any of its officers, partners, agents, representatives,

employees, or parties in interest, including this affiant, has in any way colluded, lobbied, conspired, connived, or agreed, directly, or indirectly with any other Proposer, Applicant, Mechanical Contractor, or person to submit a collusive or sham Proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection or conference with any other Proposer / Applicant, or secure through any collusion, conspiracy, connivance, lobbying, or unlawful agreement any advantage against the College or any person interested in the applied Contract; and

5. The price or prices quoted (if applicable) in the attached Proposal or Application are fair and proper, and are not tainted by any collusion, conspiracy, lobbying, connivance, or unlawful agreement on the part of the Proposer / Applicant, 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 _______________________________________ (INSERT DATE) by: ____________________________________________ who is personally know to me or who has produced _______________________________________________as identification and who did (did not) take an oath. _______________________________________________ Notary (Print & Sign Name) Commission No.________________________________


PROPOSAL / APPLICATION CHECKLIST RFP #20/21-03


The following checklist is provided as a guide to assist Proposers / Applicants with the preparation process. Included in the checklist are a few important requirements that must be included and submitted with your proposal and application package. It is the full responsibility of each firm and their representative to ensure their response is fully compliant with all the requirements as outlined in the solicitation document (Request for Proposal) in its entirety. Please upload one (1) document file in PDF format. The order of the packet shall be as instructed in Section 11.0 Instructions for Preparation of Proposal / Application for RFP #20/21-03. Certified Minority Business Certificate (if applicable), W9, current Certificate of Insurance and bond ability document, current License / Certification, five (5) completed reference forms and or 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. Table of Contents. 2. Cover letter including name, address, phone number, date of submission, name, and number

of the solicitation. (This is not to exceed more than one (1) page.) 3. Summary of Qualifications 4. Questionnaire 5. Questionnaire Certification 6. Cost / Rate Proposal 7. Truth-In-Negotiation Certificate and Affidavit 8. Five (5) Completed Reference Forms or Completed Reference Letters 9. E-Verify Form 10. M/W/VBE Certificate 11. Drug-Free Workplace Form 12. Contractor Code of Ethics 13. Mechanical Contractor Verification Form 14. Non-Collusion Affidavit 15. W-9 Tax Form 16. Certificate of Insurance (ACORD Form) 17. Bond Letter (Notarized from an approve State of Florida Surety stating the firms aggregate limit

and per project bonding capacity.) 18. Licenses / Certificates (a copy of all current application documents) 19. Sunbiz Business Filing Documents (Division of Corporations) 20. Financial Statements

_____ Proposer / Applicant has reviewed the “sample” Master Contract and accepts all College Terms and Conditions contained in the RFP and on the College’s website. _____ After review of uploaded documents on DemandStar web site select the Submit button at bottom of the page.


APPENDIX 1 Facilities Planning, and Construction Department (FPCP)

PROJECT FORECAST


APPENDIX 2 FEDERAL FUNDS / FEMA CERTIFICATION OF CONTRACT PROVISIONS

Note: The products and services outlined in this solicitation may be purchased utilizing State and Federal Grant Funds. Additionally, in the event of an emergency the terms must meet FEMA guidelines. Therefore, firms submitting proposals must adhere to the outlined provisions to be compliant with the solicitation process.

REQUIRED CONTRACT PROVISIONS

1. REMEDIES

a. Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A).

b. Applicability. This requirement applies to all FEMA grant and cooperative

agreement programs.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be affected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).


agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY

If applicable, exact language below in subsection 3.d is required.

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts

that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41

C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).


b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- 1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines

“construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative

agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision


shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal


opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT

a. Standard. All prime construction contracts in excess of $2,000 awarded by non-

Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

b. Applicability. The Davis-Bacon Act only applies to the Emergency Management

Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It DOES NOT apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

c. Requirements. If applicable, the non-federal entity must do the following:

i. The non-Federal entity must place a copy of the current prevailing wage

determination issued by the Department of Labor in each solicitation.


The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject

to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C.

3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and

mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less

than once a week. 5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for

compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.


c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.

a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any

subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be

grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts

awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.


b. Applicability. This requirement applies to all FEMA contracts awarded by the non-

federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract

clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses


set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).

b. Applicability. This requirement applies to “funding agreements,” but it DOES

NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreements.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines

“funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the

contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).

b. Applicability. This requirement applies to contracts awarded by a non-federal

entity of amounts in excess of $150,000 under a federal grant.

c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.


2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each

subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards,

orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the (name of the

applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each

subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION

a. Standard. Non-Federal entities and contractors are subject to the debarment

and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (No procurement Debarment and Suspension).


agreement programs.

c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.

http://www.sam.gov/


ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any nonprocurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.

iii. Specifically, a covered transaction includes the following contracts for

goods or services: 1. The contract is awarded by a recipient or subrecipient in the

amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. Suggested Language. The following provides a debarment and suspension

clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R.

pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by (insert

name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of2 C.F.R.

pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.


10. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.


agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

d. Required Certification. If applicable, contractors must sign and submit to the

non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an


officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will

be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be

included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

11. PROCUREMENT OF RECOVERED MATERIALS

a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.


b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.

c. Requirements. The requirements of Section 6002 include procuring only items

designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

d. Suggested Language.

i. In the performance of this contract, the Contractor shall make

maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule.

2. Meeting contract performance requirements; or 3. At a reasonable price.

ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable

requirements of Section 6002 of the Solid Waste Disposal Act.”

RECOMMENDED CONTRACT PROVISIONS The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts. Although FEMA does not currently require additional provisions, FEMA recommends the following:

1. ACCESS TO RECORDS

a. Standard. All recipients, subrecipients, successors, transferees, and assignees

must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

http://www.epa.gov/smm/comprehensive-


b. Suggested Language.

Access to Records. The following access to records requirements applies to this contract:

(1) The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract.

(4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

2. CHANGES

a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s

FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

b. Applicability. FEMA recommends, therefore, that a non-Federal entity include

a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

3. DHS SEAL, LOGO, AND FLAGS

a. Standard. Recipients must obtain permission prior to using the DHS seal(s),

logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

b. Applicability. FEMA recommends that all non-Federal entities place in their

contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.



“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”

4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

a. Standard. The recipient and its contractors are required to comply with all

Federal laws, regulations, and executive orders.

b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.


“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

5. NO OBLIGATION BY FEDERAL GOVERNMENT

a. Standard. FEMA is not a party to any transaction between the recipient and its

contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.

b. Applicability. FEMA recommends that the non-Federal entity include a

provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.


“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

a. Standard. Recipients must comply with the requirements of The False Claims

Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.


b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.


“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”