school board of brevard county may 2 7 201*...

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SCHOOL BOARD OF BREVARD COUNTY

OFFICE OF PURCHASING SERVICES

2700 JUDGE FRAN JAMIESON WAY

VIERA,FL 32940-6601

BOARD

MAY 2 7 201*

APPROVED

RFQ #14-Q-006-KR - Continuing Contract for Building Code Inspection, Permit Plan Review and Fire

Safety Services

VENDORS RECOMMENDED FOR AWARD:

VENDOR NAME ANNUAL AMOUNT AWARDED

PDCS, LLC Variable

Universal Engineering Sciences, Inc. Variable

SOLICITATION SUMMARY:

Date Solicited: August 30, 2013 Number of Items/Groups: N/A

Date Opened: October 1, 2013 No. Firms Solicited: 495

Board Approval: May 27, 2014 No. Firms Bidding: 4

CONTRACT TERM:

The initial contract term shall commence May 28, 2014 and continue for an initial three (3) year term,with an option to renew for one (1) additional two (2) year period.

RECOMMENDATION: (Posted October 28, 2013 @ 1:09 PM)

It is the recommendation of Dane Theodore, Assistant Superintendent of Facilities Services, Joseph

Ranaldi, Director of Planning, Design and Construction, Gary Geiser, Building Official, and staff, toapprove the award of RFQ #14-Q-006-KR and the attached Continuing Contracts for ProfessionalServices with the top ranked firms identified above, as recommended by the submittal evaluationcommittee. Request authority for the Director of Purchasing and Warehouse Services to renew theagreements for one (1) additional two (2) year period and approve any personnel changes. Contractrenewal and personnel changes shall be contingent upon the Assistant Superintendent of FacilitiesServices request for continuance of services and annual contract review.

AUTHORITY FOR ACTION:

Florida Statute 287.055

ACTION BY BOARD:

Approved Recommendation(s) Above &Awarded

Other

Cheryl L. Olson, C.P.M., CPPO, FCCNDirector of Purchasing and Warehouse Services

Meeting Date: May 27, 2014

Jones.Crystal

Typewritten Text

x

RFQ #14-Q-006-KRContinuing Contract for Building Code Inspection, Permit Plan Review Fire Safety Services

Short List

Company Address City State Zip

Bureau Veritas North America, Inc. 6819 Porto Fino Circle, Suite 2 Fort Myers FL 33912

GFA International, Inc. 521 NW Enterprise Drive Port St. Lucie FL 34986

PDCS, LLC 3361 Rouse Road, Suite 210 Orlando FL 32817

Universal Engineering Sciences, Inc. 3532 Maggie Boulevard Orlando FL 32811

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RFQ #14-Q-006-KR Submittal List

Company Address City State Zip

Bureau Veritas North America, Inc. 6819 Porto Fino Circle, Suite 2 Fort Myers FL 33912

GFA International, Inc. 521 NW Enterprise Drive Port St. Lucie FL 34986

PDCS, LLC 3361 Rouse Road, Suite 210 Orlando FL 32817

Universal Engineering Sciences, Inc. 3532 Maggie Boulevard Orlando FL 32811

Continuing Contract for Building Code Inspection, Permit Plan Review & Fire Safety ServicesOpened By: Kristine Rumping, Manager of Purchasing

Witnessed By: Doug Woods, BuyerSubmittal Deadline: October 1, 2013 2:00 PM

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RequestforQualifications

RFQ#14‐Q‐006‐KR

ContinuingContractforBuildingCodeInspection,PermitPlanReview&

FireSafetyServices

IssuanceDate: August 30, 2013

SubmittalDueDateandTime: Tuesday, October 1, 2013 at 2:00 PM

Non‐MandatoryPre‐SubmittalConference‐Date,TimeandLocation: Wednesday, September 11, 2013 at 2:00 PM Located in The School Board of Brevard County, Florida Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 SubmitResponsesTo: The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

PurchasingRepresentative: Kristine L. Rumping, CPPB, FCCM Manager of Purchasing Services Telephone # (321) 633-1000 Ext. 630 Fax # (321) 633-3618 E-mail: [email protected]

RFQ #14-Q-006-KR Continuing Contract for Building Code Inspection, Permit Plan Review & Fire Safety Services

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1.0 PURPOSE & OVERVIEW A. The intent of this Request for Qualifications (RFQ) is to select a minimum of three (3) Firms

to providebuilding code inspection, permit plan review, and fire safety services to support the construction of School Board projects pursuant to Chapter 1013, Florida Statutes; the Florida Consultant’s Competitive Negotiation Act, Section 287.055 Florida Statutes; and Rule 6A-2.0010, Florida Administrative Code. The contracts will be awarded for an initial three (3) year term from the date of award by the School Board of Brevard County (School Board) with up to one (1) additional two (2) year renewal period.

B. In determining whether a Firm is qualified, the School Board shall consider such factors as the ability and qualifications of professional personnel; experience, past performance and past litigation; location of supporting office; project/task approach and methodology; and references.

C. In general, the Professional Consultant shall provide Building Plan Review and Inspection services on an “on-call” basis for projects assigned by the School Board at locations throughout Brevard County, Florida. The individual projects assigned under this Contract will be limited to those with an estimated Professional Services Fee which does not exceed $200,000 per Project, or as allowed by School Board policy.

D. Firms must be able to provide the required professional services related to Building Code Inspection services to the District from an operational office located in Osceola, Orange, Seminole, Brevard, Volusia, or Indian River Counties. These services shall be provided by in-house staff or a combination of in-house staff and Sub-Consultant services; provided, however, at least 50% of all such services must be provided by the responding firm’s in-house staff.

E. Firms shall be familiar with current versions and amendments of Florida Statutes and Rules; State Requirements for Education Facilities (SREF); Department of Education; FEMA; Florida Building Code Requirements; the Florida Fire Prevention Code (FFPC); and the School District’s Design Standards.

F. Firm and Sub-Consultant Staff shall be licensed and certified as required by the State of Florida, Building Code Administrators and Inspectors Board (BCAIB) and applicable laws, including but not limited to Florida Statutes 468 and 633. At a minimum, personnel shall be qualified as licensed Building, Electrical, Mechanical, Plumbing Inspector and/or Plan Reviewer. Firm and Sub-Consultant Staff that are multi-licensed for Building, Electrical, Mechanical and/or Plumbing are preferred.

G. Firm and Sub-Consultant Staff shall maintain their Inspector’s and/or Plan Reviewer’s Certification with the State of Florida and compliance with the Jessica Lunsford Act for the term of the Agreement.

2.0 SCOPE OF SERVICES A. The Contractor’s Basic Services may consist of those described herein which include, but

may not be limited to, Plan Review for both Design Phase Submittals and Building Permit Applications as well as Inspection Services for applicable code compliance during the Construction Phase for Mechanical, Electrical, Plumbing, Building and Fire Safety.

B. Assist Design Professionals and applicants for Building Permits and perform reviews of Design Phase Submittals and Construction Documents for compliance with all applicable Building and safety codes for the issuance of building permits, and coordinate review of construction plans by all other agencies having jurisdiction concerning the implementation and enforcement of building, fire, health, safety, sanitation, and all other applicable codes.

C. Conduct inspections of all phases of construction for compliance with approved plans and all applicable codes including but not limited to those relating to structural integrity, fire and life safety, electrical, plumbing, heating and air conditioning, as well as energy conservation, handicapped access, and site work.

D. Enforce compliance with all applicable codes through the School District Building Official including but not limited to Building Electrical, Plumbing, Mechanical and Fire Safety codes, and arrange reviews and coordinate enforcement by other agencies or School Board staff as necessary.


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E. Maintain records and files concerning Construction Permits and Building Code Administration at locations as identified and approved by the School Board.

F. Keep daily logs of Plan Review and Inspection activities and submit an itemized monthly report of all service activities to the School Board’s Building Official. Reports to other agencies shall also be submitted as required by law.

G. Project scopes may include activities and tasks relating to new and existing structures, site improvements and/or modifications projects entailing additions, remodeling, renovations, storm water, utilities, vehicle loops and circulation, life safety, and maintenance/repair projects.

2.01 AWARD TERM The School Board’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful respondent(s) shall be awarded a contract for an initial three (3) year term with up to one (1) additional two (2) year renewal period.

The award term recommendation will be that which is determined to be in the best interest of the School Board. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board.

2.02 PRE-SUBMITTAL CONFERENCE A. A non-mandatory pre-submittal conference will be held at the Office of Facilities Services

Conference Room 804B, 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 at 2:00 PM, local time on Wednesday, September 11, 2013. While this is not mandatory, all interested parties are encouraged to attend and participate.

B. Individuals covered by the Americans with Disabilities Act of 1990 in need of

accommodations to attend public RFQ openings or meetings should contact the School Board’s Office of Purchasing & Warehouse Services, Viera, Florida, (321) 633-1000 at least five (5) days prior to the date.

2.03 RFQ CLOSING DATE Submittals/responses must be received by the School Board of Brevard County’s Office of Purchasing & Warehouse Services, 2700 Judge Fran Jamieson Way, Pod 8, Room 802, Viera, FL 32940-6601, no later than 2:00 PM, local time, on Tuesday, October 1, 2013. Submittals/responses received after this time will not be considered.

2.04 PUBLIC RFQ OPENING A. Only the names of the firms submitting qualifications will be read aloud at the RFQ opening.

The submittals will be available for inspection during normal business hours in the Office of Purchasing & Warehouse Services 30 days after the submittal opening date or notice of a decision or intended decision; whichever is earlier, by appointment, (Florida Statute 119.071 (1) (b)).

2.05 DELIVERY OF SUBMITTALS All submittals/responses shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted):

School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601


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Cut out the Label below and attach it to your envelope/package

Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that they are properly instructed to deliver your submittal only to the Office of Purchasing & Warehouse Services Pod 8, Room 802 at the above address. To be considered, a submittal must be received and accepted in the Purchasing Office before the RFQ Closing Date and Time. Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the solicitation name, number, and due date. Packages shall be received in the Office of Purchasing & Warehouse Services, Pod 8, Room 802 by the advertised deadline. Delivery of a package to any School District location other than the Office of Purchasing & Warehouse Services does not constitute official receipt by the School Board of Brevard County, Florida. Any package delivered after the advertised deadline will not be considered.

2.06 QUESTIONS CONCERNING RFQ

Kristine, Rumping, Manager of Purchasing Services is the designated Purchasing Representative and will be responsible for facilitating the entire selection process. Ms. Rumping shall be the sole point of contact for all Respondents. Questions concerning any portion of this RFQ shall be directed in writing (email accepted) to the designated Purchasing Representative as listed below. Questions should be submitted by the question deadline date listed herein. Mark subject line or cover page or envelope “Questions on RFQ #14-Q-006-KR”. Submit questions to: Kristine Rumping, Manager of Purchasing Services

Office of Purchasing & Warehouse Services Email: [email protected] 2.07 NO CONTACT CLAUSE Vendors, contractors, consultants, or their representatives shall not meet with, speak individually

with, or otherwise communicate with School Board members, the Superintendent, or School District staff, other than the designated Buyer, and School Board members, the Superintendent, or School District staff, other than the designated Buyer, shall not meet with, speak individually with, or otherwise communicate with vendors, contractors, consultants, or their representatives, about potential contracts with the School Board once an Invitation to bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications has been issued. Such communication with any party other than the designated purchasing agent shall be prohibited until the School Board has awarded the competitive solicitation. Any such communication shall disqualify the vendor, contractor, or consultant from responding to the subject Invitation to bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications.

* DO NOT OPEN * SEALED SUBMITTAL * DO NOT OPEN * SEALED SUBMITTAL FOR: RFQ #14-Q-006-KR Continuing Contract for Building Code Inspection, Permit Plan Review & Fire Safety Services SUBMITTAL DUE DATE: July 18, 2013 AT 2:00 P.M. DELIVER TO: The School Board of Brevard County, Florida

Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601


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2.08 CLARIFICATION AND ADDENDA A. It is incumbent upon each respondent to carefully examine all specifications, terms, and

conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, (e-mail acceptable) through the purchasing representative named herein. The School Board will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given.

B. If it becomes necessary to revise or amend any part of this RFQ, notice may be obtained

by accessing our web site. Respondents in their submittal/response must acknowledge receipts of amendments. Each respondent should ensure that they have received all addenda and amendments to this RFQ before submitting their submittal/response. Please check the web site at http://www.Demandstar.com for any addenda. The District will not manually distribute by mail/fax/email addenda to prospective respondents.

2.09 SUBMITTAL REQUIREMENTS

Firms interested in providing the required professional services shall submit one (1) original, marked "ORIGINAL", Six (6) copies each marked "COPY", and one (1) COMPLETE electronic copies on two separate CD’s in PDF format, of the requested qualification data for evaluation. *****If a Non-disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall not be included on the master CD or copies. Confidential materials shall be segregated on a separate CD, plainly labeled “Confidential Materials”.***** Failure to provide the required copies and information may result in the submittals not being considered. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, and individually bound.

2.10 ECONOMY OF PRESENTATION

Each qualifications package shall be prepared simply and economically, providing a straightforward, concise description of the Respondent’s capabilities to satisfy the conditions and requirements of this RFQ. Fancy bindings, colored displays, and promotional material are not desired. Elaborate and verbose submittals are discouraged. Special and elaborate printing of submittals beyond that, which is normal for your profession, is discouraged. Information in addition to that specifically requested (i.e. videotapes, photographs, in-depth Firm history, lengthy and repetitive resumes, etc.) is strongly discouraged. The information requested should be submitted in a concise, easy to read format. Emphasis in each qualifications package must be on completeness and clarity of content. To expedite the evaluation of qualifications packages, it is mandatory that Respondents follow the format and instructions contained herein. The School District is not liable or responsible for any costs incurred by any Respondent in responding to this RFQ including, without limitation, costs for presentations and/or demonstrations if requested. Applications that do not comply with the instructions including information outlined in the Qualification Package Guidelines will not be considered. All information received will be maintained with the project file and cannot be returned.

2.11 QUALIFICATION PACKAGE GUIDELINES

1. To facilitate analysis of its qualifications package, the Respondent shall prepare its qualifications package in accordance with the instructions outlined in this section. If the Respondent’s qualifications package deviates from these instructions, such qualifications package may, in the School District’s sole discretion, be rejected.

2. The School District emphasizes that the Respondent concentrate on accuracy, completeness, and clarity of content.

3. Cross Referencing to the greatest extent possible, each section shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross-referencing to other sections of the qualifications package. Information required for evaluation of


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qualifications, which is not found in its designated section, will be assumed to have been omitted from the qualifications package.

4. Page Size and Format Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced. The text size shall be 11 point or larger. Use at least one (1) inch margins on the top and bottom and three-quarter (3/4) inch side margins. Pages shall be numbered sequentially by section.

5. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed eleven (11) by seventeen (17) inches in size. Foldout pages shall fold entirely within the section, and count as a single page. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics; and not for pages of text.

6. All sections of the qualifications package should be in a three ring binder of appropriate size, with section tabs, which shall permit the qualifications package to lie flat when opened. Staples shall not be used.

2.12 SCHOOL BOARD RIGHTS 1. The School Board has the sole discretion and reserves the right to cancel this RFQ, to reject

any and all submittals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the School District to do so.

2. The School Board reserves the right to make award to the response deemed to be most

advantageous to the School District. 3. The School Board reserves the right to award the Contract to the next most qualified Firm if

the successful Firm does not begin the contracted services within the prescribed fifteen (15) days or if an acceptable fee cannot be negotiated.

4. The successful Firm shall not discriminate against any person in accordance with federal,

state, or local law. 5. The School Board reserves the right to award the Contract to a single Firm or make multiple

awards to multiple Firms. 6. Firms will be notified in writing as to whether or not they have been selected for this Contract.

2.13 COMPLIANCE WITH THE JESSICA LUNSFORD ACT Recent changes to the Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the level 2 screening requirements of the Statute and School District Standards. The required level 2 screening includes fingerprinting that must be conducted by the District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of this contract/agreement.

2.14 INSURANCE REQUIREMENTS

The Contractor will provide before commencement of work, and attach to this agreement, a certificate(s) evidencing such insurance coverage to the extent listed in 1 to 4 below. The School Board reserves the right to be named as an additional insured or to reject such coverage and terminate this agreement if coverage is determined to be inadequate or insufficient. The Contractor will carry and maintain as a minimum the following coverage from insurance carriers that maintain a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. Such certificates must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. This is applicable for the procurement


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and delivery of products, goods, or services furnished to or for the School Board of Brevard County and any of its ancillary schools, departments, or organizations. 1. General Liability Insurance:

Negligence including Bodily Injury: Per Claim $1,000,000 Negligence Including Bodily Injury: Per Occurrence $2,000,000 Property Damage: Each Accident $1,000,000

2. Automobile Liability:

Negligence Including Bodily Injury: Per Claim $ 500,000 Negligence Including Bodily Injury: Per Occurrence $1,000,000 Property Damage: Each Occurrence $ 500,000

3. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required Statutory Limits E.L. Each Accident $1,000,000 E.L. Disease – Each Employee $ 500,000 E.L. Disease – Policy Limit $1,000,000

Workers’ Compensation Exemption forms will not be accepted. All entities or individuals are required to purchase a Workers’ Compensation insurance policy.

4. Professional Liability Insurance (E&O, D&O etc.):

Each Claim: $ 500,000 Per Occurrence: $ 1,000,000

The respondent shall either cover any subcontractors on its policy or require the subcontractor to obtain coverage to meet these requirements and file appropriate forms with the School Board.

2.15 DISCLOSURE OF SUBMITTAL CONTENT

A. All material submitted becomes the property of the School Board of Brevard County and may be returned only at the District’s option. The School District has the right to use any or all ideas presented in any reply to this Request for Qualifications. Selection or rejection of any submittal does not affect this right.

B. The School Board of Brevard County, Florida, is governed by the Public Records Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School District for projects as defined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non-Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The School District will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the School District shall execute the Agreement and send the Respondent a “Receipt for Trade Secret Information.”

2.16 EXPENSES INCURRED

This invitation does not commit the School Board of Brevard County to award a contract. Nor shall the School District be responsible for any cost or expense incurred by any Respondent in preparing and submitting a reply, nor for any cost or expense incurred by any Respondent prior to the execution of a contract agreement.

2.17 AMERICANS WITH DISABILITIES ACT Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the School Board of Brevard County, shall contact


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the Office of Purchasing & Warehouse Services at 321-633-1000, at least five (5) days prior to the scheduled opening or meeting.

2.18 PROTESTS Respondents are advised that any and all Protests must be made in accordance with the requirements of the terms and conditions of this bid, the Administrative Rules of the Florida Department of Education, and Chapter 120, Florida Statutes.

A. All Respondents acknowledge that the significant damages and losses that will be suffered by the OWNER as a result of the time lost and costs associated with an unsuccessful protest will be difficult, if not impossible to prove. Therefore, any and all protests must be accompanied by SECURITY in an amount equal to one (1) percent of the total estimated contract value, but not less than $500.00 or more than $5,000.00, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protesters in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

B. The SECURITY may be in the form of a bank cashier’s check or bank certified check payable to the School Board of Brevard County, Florida. Each such bond shall be executed by the Respondent, as the PRINCIPAL therein, and by a SURETY. The Protest Bond shall be dated the same date as the date shown on the Respondent’s protest. There must be attached to each Protest Bond a duly authenticated or Certified Power of Attorney evidencing that the Attorney-In-Fact who executes the Protest Bond on behalf of and in the name of the SURETY thereon, has the authority to so execute the Protest Bond on the date of the Protest Bond.

C. Should the protesting Respondent be successful in its Protest, the SECURITY submitted by that Respondent should be returned to the Protesting Respondent in full.

D. Should the Protesting Respondent protest be unsuccessful, the SECURITY submitted by the Protesting Respondent in the form of a cashier’s check or certified check shall be kept and retained by the OWNER and OWNER may receive and retain all moneys represented by such check and the Protesting Respondent shall have no right to same or to a refund of any part of same.

E. If the Protesting Respondent’s protest is unsuccessful, and the SECURITY submitted by the Respondent is in the form of a Protest Bond, the Respondent and the Surety on said Protest Bond shall forthwith pay over to the OWNER the full monetary amount and penal sum of said Protest Bond and OWNER shall retain such amount and sum.

To qualify as a successful protest:

A. In the case of a protest of another Respondent’s Proposal, the Proposal being protested by the Protesting Respondent must be rejected by the School Board for the reasons stated in the Protesting Respondent’s Protest.

B. In the case of the Respondent protesting the rejection of its own Proposal, for the protest to be successful, the School Board must award the contract to the Protesting Respondent.

2.19 DEFINITIONS Professional Consultant Independent contractors who are considered to have education, specialized knowledge, experience or abilities not generally available within the School District. This includes but is not limited to: accountants, actuarials, appraisers, architects, artists, auditors, counselors, designers, economists, educators, engineers, financial analysts, lobbyists, management and systems analysts, medical practitioners, planners, promoters, researchers, scientists, sociologists, surveyors, trainers, and other professionals as designated by the Purchasing Director. Contract – Agreement between the Respondent and the School Board of Brevard County for services as defined in the Scope of Services.


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District – The School District of Brevard County. Firm - Any business Firm that will be or has been awarded a contract by the School District. Florida Statute- A permanent collection of state laws organized by subject area into a code made up of titles, chapters, parts, and sections. The Florida Statutes are updated annually by laws that create, amend, or repeal statutory material. Insurer – Insurance Company who provides insurance coverage as specified in this RFQ. Owner - The School Board or designated representative(s). Project Engineer/Architect - The Project Engineer/Architect role usually indicates the individual who is responsible for overseeing all aspects of the development of the design and production of the construction documents ("plans") and specifications. The position generally involves coordinating the needs of the School District, designer and technical staff, and outside consultants such as Structural Engineers, Mechanical Engineers, Electrical Engineers, and Landscape Architects. Purchasing Representative –Office of Purchasing & Warehouse Director or designee for the School Board of Brevard County, Florida. Respondent The person, Firm, or corporation who submits a response. School Board - The School Board of Brevard County, Florida. School District- The School District of Brevard County, Florida. School District Project Manager The user department Project Manager for the project. Scope of Services - The complete details of the services involved in the design, fabrication, and assembly of the components of a project's deliverables into a working product. State Requirements For Educational Facilities (SREF) - The SREF is generally organized by sequence of steps required in the facilities procurement process and covers general definitions, property acquisition/disposal, finance, lease and lease-purchase, historic buildings, program development, professional services, inspection services, design standards, and inspection standards. Sub-Consultant – An individual and/or Firm contracted or to be contracted to provide services related to or part of those which will be required as part of this selection process. Submittal - Submittal, proposal or responses are considered documents submitted by a firm in response to a solicitation.

2.20 REFERENCES Florida Board of Professional Engineers- http://www.fbpe.org/ Florida Board of Architecture-http://www.myfloridalicense.com/dbpr/pro/arch/ Florida Building Code- http://www.floridabuilding.org Florida Department of Education (FDOE) - http://www.fldoe.org Florida Statute 2006- http://www.flsenate.gov/Statutes/index.cfm


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The School Board of Brevard County, Florida current Design Standards are posted on the Division of Facilities Services Website located here http://facilities.brevard.k12.fl.us/. State Requirements For Educational Facilities (SREF) - http://www.firn.edu/doe/rules/begin.htm

2.21 ATTACHMENTS “A” RFQ Tentative Schedule of Events “B” Drug Free Workplace “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions “D” Conflict of Interest “E” Prohibition Against Contingent Fees “F” Non-Disclosure Agreement for Confidential Materials “G” Agreement (Separate Document) “H” Certified Business Program Reciprocity Affidavit “I” Certification Statement - Prohibition against Contracting with Scrutinized Companies “J” Report of unsatisfactory materials and/or service “K” Facilities Permitting Document “L” Statement of No Response

3.0 QUALIFICATION PACKAGE GUIDELINES / SUBMITTAL REQUIREMENTS EVALUATION CRITERIA:

SCORING: An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

The Respondent’s response will be scored by Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question. 1 = Below Minimum Standards: Responsive to the question but below acceptable standards. 2 = Marginal: Minimal acceptable performance standards and responsive to the question. 3 = Satisfactory: Above minimum performance, Effective and Responsive to the question. 4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section.

Tab 1 Respondents Compliance with Requested Format, Profile and Submittal Letter

(Weighted Value 5) Respondents will be evaluated on their compliance with requested format as described herein. RFQ Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business

A brief profile of the firm, including:

A. A brief history of the business B. Location C. Project Team Location D. Organizational structure of business E. Ownership interests F. Present status and projected direction of business


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Tab 2 Business Structure (Weighted Value 10) Documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida. Respondents submitting as joint ventures shall submit a copy of their joint venture agreement. If a joint venture or prime/subcontractor arrangement of two Firms, indicate how the work will be distributed between the partners.

Time in Business - Length of time the Firm has been in business under same name. Capabilities - Size, resources, and capabilities of responding entity: A. Organizational structure of business entity for this program (partners, associates,

consultants, sub-contractors, other participation). B. Indicate the depth of staff and capabilities from within the organization which can

be drawn upon as needed, to include management, professional technical, and support staff.

Licenses and Certificates – Attach a copy of the Firm’s Business Occupational License and all applicable current State of Florida professional registration license renewals for the Respondent’s key professional personnel to be used on the project. Respondent shall be properly registered to practice in the State of Florida with the appropriate state board governing the services offered. The Selection Committee may verify the current status with the appropriate state board. Provide copies of current State of Florida Department of Professional Regulation Construction Industry Licensing Board Certificate of Corporate Authorization showing (1) License No., (2) Certificate of Authorization date and (3) designation of professional(s) qualifying the corporation to practice as a Professional Engineering Firm. Note: Charitable organizations that qualify under Florida Statutes No. 205.192 are exempt from this requirement. Certified Minority Business Enterprise – Complete and include Attachment “H” Certified Business Program Reciprocity Affidavit and State of Florida Certified Minority Business documents if applicable.

Tab 3 Experience and Past Performance (Weighted Value 25)

Respondents may submit any information they deem appropriate for evaluation of past performance with other continuing service contracts, which have/had scope similar to the services detailed in the Scope of Services section of this RFQ.

List all continuing service contracts for which your Firm has provided/is providing Building Code Inspection, Permit Plan Review & Fire Safety Services in the past five (5) years. List the contracts in priority order, with the most related contract first. For each of the listed contracts, provide the following information: 1. Owner’s representative name, address, and phone number.

2. Nature of your firm’s responsibility on this contract.

3. Contract term- include start and end date.

4. Identify your firm’s task manager and other key professionals assigned to the contract.


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5. Litigation - identify all litigation in which your Firm has been a party to legal action (including arbitration, administrative proceedings, etc.) or lawsuits during the last five (5) years involving a client for claims in excess of $100,000.00. Include a brief description of the dispute and its current status. Where the action or lawsuit has involved a guaranteed maximum price contract, please describe the particular circumstances giving rise to the dispute and the actions which your Firm took to attempt to settle the matter prior to and after suit being filed.

6. Describe in detail any projects within the last three years where liquidated damages, penalties, liens, defaults, cancellations of contract or termination of contract were imposed, sought to be imposed, threatened or filed against your organization.

Tab 4 Proposed Project Staff and Functions (Weighted Value 25) Respondents shall express the general and specific project related experience and

capability of in-house staff and sub-consultants and their functions as they relate to the Scope of Services detailed in this RFQ.

Respondents should name the actual staff to be assigned to work under this contract;

describe their ability and experience, job skills, education, training, experience, and portray the function of each within their organization and their proposed role. Proposed staff should be present for oral presentations and/or interview.

If a joint venture, or prime subcontractor arrangement of two (or more) firms, the Respondent

must indicate how the work shall be distributed between the associated firms. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities and accountability.

For Office Staff and On-site Staff – Provide an organization chart indicating key personnel

and their responsibilities. It should be understood that it is the intent of the School District to insist that staff indicated in this RFQ response actually execute the work. All Building Code Inspection, Permit Plan Review & Fire Safety Services performed by the Consultant shall be conducted by persons that are properly licensed, as required by law.

Tab 5 Project Approach (Weighted Value 20)

Explain your firm’s approach to task management to include, but not be limited to quality assurance, cost control, and reporting to the Owner’s Representative and/or Project Management Team.

1. Respondent shall present a plan setting forth the approach and program for implementing and carrying-out the required services to include; information management systems, document control, records management, project status reporting and project administrative services.

2. Respondent shall describe how the proposed organizational structure will ensure

orderly communications, distribution of information, effective coordination of activities, and accountability.

Tab 6 References (Weighted Value 10) The Respondent must provide a minimum of three (3) reference letters from owner

representatives for projects that the Firm has provided/is providing professional services, which are similar in scope to this RFQ. Reference letters shall be current, dated within one (1) year of this solicitation. The reference from the owner representative must be provided on their letterhead, and include details regarding your Firm’s role, level of service provided, and how cost competitive your Firm was when negotiating cost proposals. At least one letter should be from a representative within a Facilities Department. Letters from School Board


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of Brevard County staff shall not be considered. Tab 7 Work Load (Weighted Value 5) Provide a list of outstanding (active) projects, client names, status of completion, anticipated

completion dates, dollars committed to open projects, and overall workload with all Owners including the School Board of Brevard County.

Tab 8 Confidential Materials, Financial Strength (Pass/Fail)

Confidential materials shall be submitted in this section – any materials that qualify as “trade secrets” shall be segregated, clearly labeled and accompanied by an executed Non-Disclosure Agreement for Confidential Materials (Attachment “F”). The Respondent’s financial capability is to be expressed in the financial statement (audited financial information current within the past twelve months, such as a balance sheet and statement of operations, and bonding capacity if required), and should indicate the resources and the necessary working capital to assure financial stability through the completion of the project. A certified audit is preferred; however, the Respondent’s most recent tax return and balance sheet will be accepted. The statement can be labeled Confidential. Please be sure to complete Attachment “F” Non-Disclosure Agreement for Confidential Materials. Disclose any material changes in the business operations of the Firm, including without limitation any pending bankruptcy proceedings, bankruptcies, receiverships, mergers, acquisitions, stock acquisitions or spin-offs which have occurred within the last three (3) years and any material pending or threatened litigation. If appropriate, discuss the impact of these changes on the Firm’s financial or managerial ability to perform the noted tasks under this Contract. Provide the name, title, address and phone number of the financial officer of the Firm responsible for providing this information. All Respondents shall certify and provide a statement that they are financially stable and have the necessary resources, human and financial, to provide the services at the level required by the School Board of Brevard County.

Tab 9 Insurance and Other Required Forms (Non-Scored)

Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and solicitation/contract title. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated Firms that qualify for an exemption under the Florida Worker’s Compensation law in Chapter 440 Florida Statutes shall submit an executed waiver relieving the School District of liability in the event they are injured while providing goods and/or services to the School District. Completed Addenda’s (if applicable) Attachment “B” Drug Free Workplace Attachment “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary

Exclusion Lower Tier Covered Transactions Attachment “D” Conflict of Interest Attachment “E” Prohibition Against Contingent Fees Attachment “I” Certification Statement - Prohibition against Contracting with Scrutinized

Companies Tab 10 Exceptions to Draft Contract (Non-Scored)

All exceptions to the attached draft contract must be included in this section. If exceptions to the contract are not included in the submittal, it will be the District’s understanding that your Firm will accept the contract as presented in this RFQ.

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4.0 ORAL PRESENTATIONS/INFORMAL INTERVIEWS GUIDELINES EVALUATION CRITERIA

FOR SHORT LISTED FIRMS:

The Selection Committee will require Oral Presentations/Informal Interviews. Each Firm will be notified of the schedule for the Oral Presentations/Informal Interviews.

SCORING: An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

The Respondent’s response will be scored by Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question. 1 = Below Minimum Standards: Responsive to the question but below acceptable standards. 2 = Marginal: Minimal acceptable performance standards and responsive to the question. 3 = Satisfactory: Above minimum performance, Effective and Responsive to the question. 4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section. The Short Listed Firms should be prepared to discuss the following topics with the Selection Committee Members. 1. Qualifications of Firm to Provide Required Services- (Weighted Value 20) Relevant experience in related experience for K12 public and private school capital facility

programs that have contracted with the prospective Respondent directly or that the prospective Respondent has worked on through a sub-contract in the last five years. Provide contact name, address, phone number and fax number.

2. Overall Approach and Methodology, Project Management and Reporting- (Weighted

Value 20) The Respondents should demonstrate verbally and/or graphically, their plan for performing

the required services, documenting the services to be provided and showing the interrelationship of all parties. Provide clear details about your firm’s project management technique, reporting system and methodology. Respondent must provide clear detail as to how their managers maintain constant contact with the District Representative while reporting on each assigned task and related phase of each project.

3. Experience and Qualifications of Personnel (Weighted Value 40) The Respondent shall express the general and specific project related experience and

capability of in-house staff and sub-consultants and their functions as it relates to this RFQ. The Respondent(s) should name the actual staff to be assigned to this project, describe their ability and experience, and portray the function of each within their organization and their proposed role on this project. Proposed project staff should be present for oral presentations and/or interview. If a joint venture, or prime subcontractor arrangement of two (or more) firms, the Respondent must indicate how the work shall be distributed between the associated firms. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities and accountability.


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4. Knowledge of the State Requirement for Educational Facilities (SREF) and Typical

School Board Procedures- (Weighted Value 20) The Respondents should demonstrate their knowledge of SREF, local codes and

ordinances, and an understanding of how school districts operate in the State of Florida. Firm’s should discuss the details of specific projects where the firm was responsible for Florida Building code and SREF inspections, plans review and experience level of assigned personnel who may fulfill this requirement.


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ATTACHMENT “A” RFQ TENTATIVE SCHEDULE OF EVENTS

Date Description August 30, 2013 RFQ Posted to www.Demandstar.com September 3, 2013 Legal Advertisement Florida Today September 11, 2013 Non-Mandatory Pre-Submittal Conference Location: School Board of Brevard County Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 Time: 2:00 PM September 12, 2013 Question Deadline - due before 5:00 PM Location: School Board of Brevard County Office of Purchasing & Warehouse Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 September 20, 2013 Addenda released (if necessary) October 1, 2013 Submittals Due before 2:00 PM Deliver to: School Board of Brevard County Office of Purchasing & Warehouse Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 October 3, 2013 Committee to receive submittals October 16, 2013 Selection Committee Short List Meeting Location: School Board of Brevard County Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 Time: Beginning at 12:30 PM-TBD October 17, 2013 Short Listed Firms Notified October 25, 2013 Short Listed Firms Oral Presentations/Informal Interviews Oral Presentations before the Selection Committee Location: School Board of Brevard County Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 Time: TBD at Short List Meeting October 28, 2013 Award Recommendation Posted October 28, 2013 – November 1, 2013 Contract Development November 4, 2013 Agenda Due Date November 19, 2013 Board Approval of Contract


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ATTACHMENT “B”

DRUG FREE WORKPLACE CERTIFICATION FORM

In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services; a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

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

maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and 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 contract a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1) notify employees that as a condition of working on the commodities or contractual services that are under contract, 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 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation

of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ______________________________ Vendor's Signature


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ATTACHMENT “C”

CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510 Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).

***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE *****

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this

certification, such prospective participant shall attached an explanation to this proposal. RFQ #14-Q-006-KR Organization Name RFQ Number Names and Titles of Authorized Representative(s) Signature(s) Date


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ATTACHMENT “C” CONTINUED

INSTRUCTIONS FOR DEBARMENT CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out herein in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when

this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this

proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms ”covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “

participant”, “person”, “primary covered transaction”, “principal”, “proposal”, “voluntarily exclude”, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered

transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause

titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions”, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a perspective participant in a lower

tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in

order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered

transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction may pursue available remedies, including suspension and/or debarment.


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ATTACHMENT “D”

CONFLICT OF INTEREST I HEREBY CERTIFY that 1. I (printed name) ____________________________________________________am the (title)

________________________________ and the duly authorized representative of the firm of (Firm Name)

_________________________________________________ whose address is

___________________________________________________, and that I possess the legal authority to

make this affidavit on behalf of myself and the firm for which I am acting; and,

2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent,

due to ownership, other clients, contracts, or interests associated with this project; and,

3. The business nor any authorized representative or significant stakeholder of the business has been determined by judicial or administrative board action to be in noncompliance with or in violation of any provision/contract of the School Board of Brevard County, nor has any outstanding past due debt to the School Board of Brevard County, Florida; and

4. The School Board of Brevard County reserves the right to disqualify RFQs upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the RFQ process as required by law, upon the part of the Respondent(s), the District’s Professional Consultant(s) or any District employee(s) who may, or may not, be involved in developing RFQ specifications and/or firm RFQ schedules. Multiple RFQs from an individual, partnership, corporation, association (formal or informal); firm under the same or different names shall not be considered. Reasonable grounds for believing that a Respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Respondent is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Respondents, the District’s Professional Consultant(s) or District employees. Contractors involved in developing a RFQ specification or Contractors with knowledge of RFQ specifications prior to the advertisement shall be disqualified from participating in the RFQ process.

EXCEPTIONS (List)

Signature: _______________________________________________________________ Printed Name: ___________________________________________________________ Firm Name: _____________________________________________________________ Date: ___________________ COUNTY OF _________________________ STATE OF ___________________________ Sworn to and subscribed before me this ______ day of ________________________, 20____, by ____________________________________________, who is personally known to me or who has produced ________________________________________ as identification. _______________________ NOTARY PUBLIC – STATE OF _____ Type or print name: _______________________ Commission No.: _________________________ Commission Expires_______________________ (Seal)


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Notification Regarding Public Entity Crime and Discriminatory Vendor List Requirements and Disqualification Provision

A. Pursuant to Florida Statutory requirements, potential Respondents are notified: 287.133(2)(a) 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes, nor Section 287.134, Florida Statutes. C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent’s subcontractors and Respondent’s implementer, if any, is not under investigation for violation of such statutes. D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes.


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ATTACHMENT “E”

PROHIBITION AGAINST CONTINGENT FEES In accordance with Florida Statute 287.055(6)(a), the following statement, duly signed and notarized, must be

included in each proposal:

The respondent, _______________________________________, warrants that he or she has not employed or

retained any company or person, other than a bona fide employee working solely for the respondent to solicit or

secure this 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 respondent any fee, commission,

percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement.

STATE OF _____________________________

COUNTY OF ___________________________

Sworn to and subscribed before me this ______ day of ________________________, 20____, by

_____________________________________________________, who is personally known to me or who

has produced ____________________________ as identification.

_______________________________________

NOTARY PUBLIC – STATE OF _____________

Type or print name: _______________________

Commission No.: _________________________

(Seal) Commission Expires_______________________


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ATTACHMENT “F”

NON-DISCLOSURE AGREEMENT

For CONFIDENTIAL MATERIALS Reference #_____________

RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. THE CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE SELECTION COMMITTEE ON THE DAY OF THE EVALUATION, THEREFORE, THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME ONLY. Respondent: ____________________________________________________________________ Address: ________________________________________________________________________ This Agreement is entered into as of the date of the last signature set forth below between the School Board of Brevard County, a political subdivision of the State of Florida (the "District"), and the above named Respondent (hereinafter the “Respondent”). The School Board of Brevard County and the Respondent are collectively referred to as the “Parties” and may be referred to individually as a Party.

RECITALS

WHEREAS, the Respondent possesses certain confidential trade secret materials that it wishes to disclose to the School Board of Brevard County for the purpose of responding to a request for proposal or otherwise conducting business with the School Board; and WHEREAS, the School Board desires to review such materials in order to evaluate the District’s interest in negotiating and concluding an agreement for the purchase of certain products and services, or otherwise conducting business with the Respondent. NOW THEREFORE, in consideration of the mutual promises and premises contained herein, the receipt and sufficiency of which are hereby acknowledged, the School Board and the Respondent agree as follows: 1. Confidential Materials. The Respondent warrants and represents to the School Board that the materials described in the attached Exhibit A (the “Confidential Materials”) constitute trade secrets as defined by Section 812.081(1)(c), Florida Statutes, or financial statements required by the School Board for projects as defined in 119.071(1)(c), Florida Statutes. Subject to the terms and conditions of this Agreement, the School Board agrees not to disclose such Confidential Materials to third parties. 2. Additional Materials. During the course of the negotiations or the business relationship with the School Board, the Respondent may disclose additional confidential or trade secret information to the District in which case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this Agreement shall also apply to such additional information to the extent permitted by Florida law. Any such additional confidential or trade secret information shall be duly marked and stamped “confidential” or “trade secret” prior to delivery to the School Board, and shall be subject to this Agreement and Section 812.081(2), Florida Statutes, only if written receipt is provided by the School Board acknowledging receipt of such materials.


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3. Exclusions. For purposes of this Agreement, the term “Confidential Materials” does not include the following:

(a) Information already known or independently developed by the School Board; (b) Information in the public domain through no wrongful act of the School Board; (c) Information received by the School Board from a third party who was legally free to disclose it; (d) Information disclosed by the Respondent to a third party without restriction on disclosure; (e) Information disclosed by requirement of law or judicial order, including without limitation Chapter 119

Florida Statutes; or (f) Information that is disclosed with the prior written consent of the Respondent, but only to the extent

permitted by such consent. 4. Non-Disclosure by Respondent. In the event that the School Board discloses confidential or trade secret information to Respondent, the Respondent agrees to not disclose such information to any third party or copy such information or use it for any purpose not explicitly set forth herein without the School Board’s prior written consent. Further, upon conclusion of discussions or business transactions between the School Board and the Respondent, or at any time upon request of the School Board, Respondent agrees to return such information (including any copies) to the School Board. 5. Duty of Care. Each Party agrees to treat the other Party’s confidential or trade secret information with the same degree of care, but not less than reasonable care, as the receiving Party normally takes to preserve and protect its own similar confidential information and to inform its employees of the confidential nature of the disclosing Party’s information and of the requirement of nondisclosure. In the event either Party has actual knowledge of a breach of the nondisclosure requirements set forth in this Agreement, the Party acquiring such knowledge shall promptly inform the other Party and assist that Party in curing the disclosure, where possible, and preventing future disclosures. 6. Limitations of Florida Law. Respondent understands and agrees that its assertion that any item is confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public Records Law, Chapter 119 of the Florida Statutes, and that the School Board’s ability to prevent disclosure of confidential and trade secret information may be subject to determination by a Florida court that such materials qualify for trade secret protection under Florida law. In the event a third party makes a public records request for the Confidential Materials or other materials deemed by Respondent to be confidential or a trade secret, the School Board may submit the materials to the court for inspection in camera as set forth in Section 119.07(1)(g) Florida Statutes. Respondent further understands that the School Board may be required to disclose such information if directed by a court of competent jurisdiction. 7. Indemnification by Respondent. In the event of any litigation instituted by a third party to compel the School Board to disclose such materials, Respondent shall, at its sole cost and expense, provide assistance to the School Board in defending the denial of the records request, and shall hold the School Board harmless from any claim for statutory costs and attorneys fees arising from the School Board’s refusal to disclose such materials. 8. No Additional Obligations. This Agreement shall not be construed in any manner to be an obligation for either Party to enter into any subsequent contract or agreement. 9. Sovereign Immunity. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the School Board beyond any statutory limited waiver of immunity or limits of liability, which has been or which may be adopted by the Florida Legislature, regardless of the nature of any claim which may arise, including but not limited to a claim sounding in tort, equity or contract. In no event shall the School Board be liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of confidential or trade secret information for an amount which exceeds, individually and collectively, the then current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the School Board, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 10. Notice. Whenever either Party desires to give notice unto the other, it must be given by written notice,


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sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Respondent designates the address set forth above as its place for receiving notice, and the School Board designates the following address for such notice:

The School Board of Brevard County, Florida Director of Purchasing and Warehouse Services

2700 Judge Fran Jamieson Way Viera, Florida 32940-6601

11. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and venue for any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Brevard County, Florida, or the Federal District Court for the Middle District of Florida, Orlando Division. 12. Respondent and the School Board hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to this Agreement for any litigation limited solely to the parties of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year as set forth below. The School Board of Brevard County, Florida Respondent BY: BY: NAME: Cheryl L. Olson, CPPO, C.P.M., CPM, FCCN NAME: TITLE: Director of Purchasing and Warehouse Services TITLE: DATE: DATE:

ATTEST:

BY: NAME: TITLE: DATE:


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ATTACHMENT “F” CONTINUED

NON-DISCLOSURE AGREEMENT For

CONFIDENTIAL MATERIALS Exhibit “A"

DESCRIPTION OF CONFIDENTIAL MATERIALS


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ATTACHMENT “G”

DRAFT CONTRACT WILL BE RELEASED IN THE FORM OF AN ADDENDA.


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ATTACHMENT “H” CERTIFIED BUSINESS PROGRAM RECIPROCITY AFFIDAVIT

The School District has implemented a process to track specific categories of certified businesses (minority, women and/or service disabled veterans) as listed below and will accept certifications from the State of Florida Office of Supplier Diversity as well as certifications from other government agencies.

CERTIFIED BUSINESS CATEGORIES (Check One) ____ Asian American (A) ____ African American (B) ____ Hispanic American (C) ____ Native American (D) ____ American Woman (E) ____ Service Disabled Veteran (V) *Certification Number: _____________ *Certifying Agency Name: ____________________ *Expiration Date: ________ Attach copy of Certification from Certifying Agency *Required Information

By signing and submitting this affidavit and business certification copy, I acknowledge individually and on behalf of the applicant business that the applicant and I understand that:

The attached business certification is a copy of an official business certification as issued by the

State of Florida Office of Supplier Diversity or other government agency, and said business certification has not been modified,

All information and documents submitted to the School Board of Brevard County, Florida becomes an official public record. As such, the District bears no obligation to return to the applicant any items of original production or any copies of file documents,

The applicant consents to examinations of its books, records and premises and to interviews of its principals, employees, business contacts, creditors, and bonding companies by the District as necessary for the purpose of verifying the applicant’s proof of certification,

The District may request additional documentation not requested on this vendor application, and

Pursuant to Section 287.094, Florida Statutes, the false representation of any entity as a minority business enterprise for the purpose of claiming certification as such under this reciprocity program may be punishable as a felony of a second degree. The certifying entity may initiate such disciplinary actions it deems appropriate including, but not limited to, forwarding pertinent information to the Department of Legal Affairs and/or certifying entity’s legal counsel for investigation and possible prosecution.

Further, applicant declares and affirms that ownership and management of this firm has not changed, except as indicated in the application/affidavit, during the past year since certification status was granted:

Authorized Officer Name: ____________________________________________

Title: _____________________________________________________________

Company Name: ___________________________________________________

Signature: ________________________________________________________

On this _________________ day of ___________________, 20___________ personally appeared before me, the undersigned officer authorized to administer oaths, known to me the persons described in the foregoing affidavit who acknowledged that he/she execute the same in the capacity stated for the purpose therein contained. In witness whereof, I have hereunto set my hand and official seal;

Notary Public: ________________________________________________

Form of Identification Presented: _________________________________

My Commission expires: ________________________________________


Page 29 of 32

ATTACHMENT “I”

CERTIFICATION STATEMENT PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES

I hereby certify that neither respondent, nor any of its wholly owned subsidiaries, majority-owned

subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the

purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473.

Signature Printed Name

Title

Company Name Date


Page 30 of 32

ATTACHMENT “J” REPORT OF UNSATISFACTORY MATERIALS AND/OR SERVICE

SCHOOL BOARD OF BREVARD COUNTY

OFFICE OF PURCHASING SERVICES 2700 Judge Fran Jamieson Way

Viera, FL 32940-6601 REPORT OF UNSATISFACTORY MATERIALS AND/OR SERVICE

Purchase Order No. Bid No.:

Vendor Name: User School/Dept.:

Address: Prepared by:

City, State, Zip: Date:

Telephone No.: Principal/Dept. Head Signature:

STATEMENT OF PROBLEM: (Specifics of Unsatisfactory Materials or Service)

Attach supporting documentation

Use reverse side or attachments if necessary

Vendor’s Response to Complaint

To Above Referenced Vendor: The above complaint has been submitted by a Brevard County school and/or department. In the space below (or via attachment), kindly respond within 10 days. Failure to respond, or an unsatisfactory response, could result in withholding payment on your invoice, termination of contract, or could be cause for disqualification from future bidding with the School Board of Brevard County.

Response:

Vendor Representative: Signature:

Date:

Title: Telephone No:


Page 31 of 32

ATTACHMENT “K” FACILITIES PERMITTING DOCUMENT

Facilities Services Permitting Office 1254 South Florida Ave Rockledge, FL 32955-2440 (321)-633-3580 Ext 13073 Office (321)-617-7795 Fax

Pursuant to the 2001 Florida Building Code the School Board of Brevard County established Board Policy 7101, Building Permits and the Code Enforcement Office. The Board requires that the District establish a Code Enforcement Office, employ a Building Code Administrator (BCA) and/or subcontract for code enforcement services. Approved project plans will be reviewed for code compliance, permits issued, and the work inspected. What is the "Code Enforcement Office"? The District's Code Enforcement Office is responsible for the administration and enforcement of the State Requirements for Educational Facilities, the Florida Building Code, Uniform Fire Safety Standards as adopted by the State Fire Marshal, as well as standards for health, sanitation associated with construction of new structures, as well as alterations, repairs or additions to existing structures, including state and federal laws. Responsibilities include:

Plan review, Permit issuance, Inspections for compliance, Issues Certificates of Occupancy.

Plan Review Our professional plan review staff is responsible for reviewing the plans submitted on all construction projects. The primary function of the plan review section is to safeguard the public health, safety and general welfare of staff, students and visitors through ensuring structural strength, means of egress, stability, sanitation, adequate light and ventilation, energy conservation and fire protection have been met. All construction must comply with the State Requirements for Educational Facilities and the Florida Building Code, Uniform Fire Safety Standards as adopted by the State Fire Marshal, as well as meeting the standards for health, sanitation and safety as required by law. When applying for a permit, the following is required:

Completion of Permit Application, Certificate of Liability Insurance showing current General Liability and Workers’ Compensation

insurances, Copies of all licenses and county registrations, Plans, showing all plumbing, electrical, mechanical, and framing details. These can be prepared by

the contractor on small projects or as required by law prepared by an Architects or Engineers. Site Plan showing the entire site or lot and the entire structure, The plans must be prepared in sufficient detail for the plans examiners to determine if all code

requirements are met. Permit applications can be found on our web site at http://permitting.brevard.k12.fl.us/ or call 321-633-3580 ext. 13073. Building Inspection Our professional inspection staff is responsible for conducting inspections on all permitted construction project and the primary function of the inspectors is to safeguard the public health, safety and general welfare. This is accomplished by verification that the construction was completed as specified in the submitted plans and is in substantial compliance with the Florida Building Code and the Florida Fire Prevention Code. Approved projects will be reviewed and inspected for compliance with the 2007 Florida Building Code with 2009 Supplement, 2007 State Requirements for Educational Facilities approved 11/11/09 effective 12/15/09, and the 2007 Florida Fire Prevention Code. Authority F.S.553.79; F.S.553.80 (6); F.S.553.73; F.S.553.73; F.S.1013.371; FBC105.1; FBC 105.1 For more information call: Judy Griffin, 321-633-3580 extension 13073 Gary Geiser, Building Official, 321-633-3580 extension 13077


Page 32 of 32

ATTACHMENT “L” STATEMENT OF NO RESPONSE

The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services

2700 Judge Fran Jamieson Way, Pod 8 Room 802 Viera, FL 32940-6601

Attn: Kristine Rumping, CPPB, FCCM – Manager of Purchasing Services RFQ# 14-Q-006-KR - Continuing Contract for Building Code Inspection, Permit Plan Review & Fire Safety Services We, the undersigned, have decided not to respond for the following reasons. We do not handle products/services in this classification

Opening date does not allow sufficient time to complete response

Cannot supply at this time

Suitable but engaged in other work

Quantity too small

Cannot meet required delivery

Equivalent not presently available

Unable to meet specifications

Unable to meet insurance/bond requirements

Please remove our name from the vendor file for the commodity listed above

Please remove our name from the School Board’s entire vendor files

Other reasons or remarks

We understand that if the “No Response” letter is not returned by the bid due date, our name may be deleted from the School Board of Brevard County’s vendor list for this commodity. Company Name Authorized Signature Print Name of Authorized Person Email Address for Authorized Person Telephone Number

Fax Number