Job Order Mechanical Services.pdf

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FLORIDA SOUTHWESTERN

STATE COLLEGE

Procurement Services 8099 College Parkway, Building O

Fort Myers, Florida 33919 Phone: (239)489-9102

Web Address:

https://www.fsw.edu/procurement

INVITATION TO BID

Acknowledgement Form

ITB NUMBER 26-01

BID DUE DATE: May 14, 2026, 2:00pm ET All Bids must be delivered to BidNet at the following address:

https://www.bidnetdirect.com/florida/floridasouthwestern.

ITB TITLE: Job Order Mechanical Services

BID WILL BE OPENED May 14, 2026, 2:30pm ET

(Bid receipt and the Bidder name will be acknowledged)

BIDDER LEGAL NAME

BID POINT OF CONTACT: Rick Pence Email: rpence@fsw.edu Phone: 239.489.9102

BIDDER DBA, if applicable

BIDDER BUSINESS ADDRESS

CITY STATE ZIP CODE

REASON FOR NOT SUBMITTING A BID

BIDDER EMPLOYER IDENTIFCATION NUMBER POSTING OF BID TABULATION

Bid tabulations with intended award(s) will be posted electronically for review by interested parties at https://www.bidnetdirect.com/florida/floridasouthwestern and remain posted for a period of 72 hours excluding Saturday, Sunday or state holidays. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

TELEPHONE WITH AREA CODE

EMAIL ADDRESS

WEB ADDRESS

By signing this document, I am an authorized representative of the Bidder stated above and certify that I have the legal authority to submit this Bid and bind the Bidder to its terms. I further acknowledge that I have reviewed and fully understand the requirements of this Invitation to Bid. I certify that the Bidder’s Bid submission is accurate, complete, and made in good faith without collusion or fraudulent activity. I agree to comply with all Invitation to Bid terms, including scope, pricing, and delivery requirements, and understand that failure to do so may result in Bid rejection or contract termination. I acknowledge that this Bid constitutes a binding offer valid for the stated term from the submission deadline and that the College reserves the right to accept or reject any Bid. I confirm receipt of all issued addenda, if applicable. By signing below, I acknowledge and agree to these terms as a condition of submitting this Bid. If this Bid is accepted, the Bidder agrees to transfer to the College all rights, title, and interest in any legal claims it may have now or in the future under U.S. and Florida antitrust laws related to price fixing for the goods or services purchased by the College. This transfer will take effect at the College’s discretion when the College makes final payment to the Supplier.

AUTHORIZED SIGNATURE

NAME AND TITLE (TYPED)

DATE

EMAIL

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1.0 INTRODUCTION

1.1 DEFINITIONS

College. The District Board of Trustees of Florida SouthWestern State College, Florida

ITB. Invitation to Bid; a method of formal solicitation

Bidder. Any individual, firm, partnership, corporation, association, or other legal entity that responds in full to the requests of this ITB and wishes to be considered as a candidate for Mechanical Services as described herein.

Bid. The material submitted in full by the Bidder in answering this ITB.

Supplier. The company, its employees, officers, and agents engaged by the College under this ITB to provide Campus Moving Services to the College.

Point of Contact. The Bidders single point of contact at the College for the administration of this ITB.

1.2 PROPOSED CALENDAR OF EVENTS. Bidders should review and become familiar with this Calendar of Events. The dates and times of each activity within this timeline may be subject to change and it is the responsibility of the Bidder to check for any changes. All changes to the timeline will be made through an addendum to this solicitation and posted at: https://www.bidnetdirect.com/florida/floridasouthwestern.

Event Date, Time and Location ITB issued and advertised April 31, 2026 Deadline for Bidders to submit written questions through BidNet May 15, 2026, 2:00pm ET Bids due to the College through BidNet May 29, 2026, 2:00pm ET Bid Opening (Bid receipt and Bidder name will be acknowledged only)

May 29, 2026, 2:30pm ET

1.3 ABOUT FLORIDA SOUTHWESTERN STATE COLLEGE. Florida SouthWestern State College was established in 1962 and is the thirteenth largest college in the Florida State College System. Florida SouthWestern State College is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate and baccalaureate degrees. Classes are offered on the Lee, Charlotte and Collier Campuses, the Hendry/Glades Center and online. The College is governed by a Board of Trustees appointed by the Governor of Florida. The College currently enrolls approximately 16,000 students. Additional information can be found on the official College website at https://www.fsw.edu.

A typical schedule for the College has the campuses open for classes from 7:00 AM ET to 10:30 PM ET, Monday through Friday. The College has two scheduled extended closures; one being 2–3-week closure between December and New Year’s Day, and the second being 1 week during the spring. Upon request, the Point of Contact may provide an Official College Calendar to the Bidder which may provide additional College closures.

2.0 SPECIFICATIONS.

2.1 CONTRACT PERIOD. The Agreement(s) resulting from this ITB will be effective for Two (2) years and may be renewed, upon mutual written agreement, for up to two (2) additional one-year periods, or any portion thereof.

2.2 PURPOSE. The purpose of this Invitation to Bid (ITB) is to establish a pool of qualified commercial mechanical contractors to provide heating, ventilation, and air conditioning (HVAC) services, excluding chiller systems, on an indefinite-quantity, as-needed basis. Services shall include the provision of all necessary labor, supervision, equipment, tools, and materials required for the maintenance, repair, replacement, and minor installation of HVAC systems and related mechanical components.

This ITB is intended to result in multiple awards. The resulting agreements are non-exclusive, and the College makes no guarantee of a minimum amount of work or compensation to any awarded contractor. Work will be assigned on a project-by-project or task order basis at the discretion of the College.

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The College does not guarantee the assignment of work associated with new construction, major renovations, or projects managed by third-party construction management firms.

Services will be performed at facilities operated by Florida SouthWestern State College, including its Lee, Collier, and Charlotte campuses, as well as the Hendry-Glades Center.

General information of the four College campuses as well as their demographics are as follows:

Campus Location Area Buildings Est Square Feet

Lee Campus 8099 College Parkway Fort Myers, FL 33919 142 acres 31

900,000

Charlotte Campus 26300 Airport Road Punta Gorda, FL 33950 171 acres 13 152,990 Collier Campus 7505 Grand Lely Drive Naples, FL 34113 80 acres 14 216,329 Hendry/Glades Center 1092 E. Cowboy Way Labelle, FL 33935 19 acres 2 27,091

2.3 SCOPE OF WORK. The Supplier shall provide all necessary vehicles, equipment, tools, supplies, labor, supervision, and materials required to perform heating, ventilation, and air conditioning (HVAC) mechanical services (excluding chiller systems) at various College sites on an as-needed basis. Services shall include, but are not limited to, the inspection, maintenance, repair, replacement, and minor installation of HVAC systems and associated mechanical components.

The Supplier must be capable of performing a broad range of HVAC services across the College’s campuses. General services may include, but are not limited to: Installation, repair, and replacement of split systems, package units, rooftop units (RTUs), air handling units (AHUs), exhaust and ventilation systems; Preventative maintenance and system diagnostics; Repair or replacement of compressors, motors, fans, belts, coils, thermostats, sensors, and controls (including building automation system interface where applicable); Ductwork repair, modification, sealing, and limited installation; Indoor air quality-related components such as filtration systems and ventilation adjustments;

Refrigerant management, including leak detection and recharge in accordance with applicable regulations; Emergency HVAC repair services.

All work under this contract excludes maintenance, repair, or replacement of chiller systems.

2.3.1 College Representative. The College shall designate a representative to oversee work assigned under this Agreement. This representative, or their designee, will assign projects or tasks, monitor progress, coordinate between the Supplier and the College, and review and process invoices, reports, and related documentation. The Supplier will be provided with the representative’s contact information prior to the commencement of work and will be notified of any changes. The Supplier shall respond to service requests within a reasonable timeframe consistent with the urgency of the request.

2.3.2 Service Area & Logistics. The Bidder must provide proof of a staffed office within the College’s five-county service area. Services will be performed across all College campuses and centers, where certain buildings or mechanical rooms may have restricted access.

The Supplier shall be responsible for coordinating access, parking, staging, and entry into facilities, including mechanical rooms, rooftops, and other service areas. The Supplier must be capable of supporting projects of varying sizes and complexity, ranging from routine maintenance calls to more involved equipment replacements and system upgrades.

2.3.3 Safety & Compliance. The Supplier shall take all necessary precautions to ensure the safety of persons and property during the performance of services. All work shall be conducted in accordance with applicable industry standards, including OSHA requirements, manufacturer guidelines, and best practices for HVAC/mechanical services.

The Supplier shall comply with all applicable local, state, and federal laws, codes, and regulations, including but not limited to mechanical codes, building codes, environmental regulations, and refrigerant handling requirements (e.g., EPA regulations).

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2.3.4 Personnel & Subcontracting. The Supplier shall provide qualified and properly licensed personnel (“Personnel”) to perform services under this Agreement and shall be responsible for their supervision, direction, and control. The College reserves the right to request removal or reassignment of any Personnel, and the Supplier shall promptly provide a suitable replacement.

The Supplier is solely responsible for all compensation, benefits, and taxes associated with its Personnel, including workers’ compensation and any required insurance coverage.

2.3.4.1 All Personnel must be legally authorized to work in the United States and must comply with all applicable federal and state employment and immigration laws. No individual with a felony conviction or a misdemeanor involving theft, embezzlement, or fraud within the past five (5) years shall be assigned to College facilities.

2.3.4.2 Where required, all Personnel shall comply with the College’s background screening requirements in accordance with Florida Statutes §1012.467. The Supplier shall ensure that all required fingerprinting and documentation are completed through an authorized agency. Failure to comply within twenty-four (24) hours of a request may result in disciplinary action, including removal from the project or termination of the Agreement. All associated costs shall be borne by the Supplier.

2.3.4.3 All Personnel must present a professional appearance and be readily identifiable while on College property, preferably wearing company-branded attire. Clothing must be clean, in good condition, and appropriate for the work environment. Closed-toe, non-slip, non-marking footwear is required. The use of personal audio devices is prohibited during work activities, except for communication devices required for job-related purposes.

2.3.4.4 Subcontracting or the use of temporary personnel is permitted only with prior written approval from the College. The Supplier shall remain fully responsible for all work performed by subcontractors and shall ensure compliance with all applicable laws, regulations, and College policies.

2.3.5 Project Related Waste Removal. The Supplier shall be responsible for maintaining a clean and safe work area at all times. Upon completion of work, the Supplier shall remove all tools, debris, replaced equipment, and waste materials resulting from HVAC services performed on-site. Disposal shall be conducted in accordance with applicable environmental regulations, including proper handling of refrigerants and other regulated materials.

2.4 PROJECT. Following award of this ITB, the College may solicit quotes from one or more awarded Suppliers on a project-by-project or task order basis. For each requested project, the Supplier shall provide a written estimate to the College Representative within seventy-two (72) hours of the request, unless otherwise specified.

2.4.1 The Supplier shall reference the ITB number (ITB 26-01) on all correspondence, estimates, invoices, reports, and related documentation. Failure to include the ITB number may result in delayed processing or non-payment until corrected.

2.4.2 Each written estimate shall be consistent with the pricing structure submitted in the Bid (Exhibit 1) and shall include, at a minimum: labor, equipment, materials, quantities, applicable markups, and an estimated schedule for commencement and completion of the work. The College Representative must provide written approval of the estimate prior to the start of any work.

2.4.3 For projects of higher value or risk, the College may require additional insurance coverage. In such cases, the Supplier shall obtain the required coverage and may include the cost, at actual expense, within the project estimate.

3.0 BID CONTENT AND REQUIREMENTS

3.1 EXECUTION OF BID. Bid must contain an original manual signature of an authorized representative in the space provided on the Acknowledgement Form. Bids must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Bidder must be initialed.

3.2 DELIVERY OF BID. Bids must be delivered through the BidNet portal at BidNet by the date and time specified herein.

3.2.1 Bids must be received no later than May 29, 2026, 2:00pm ET. Bids which for any reason are not submitted by the prescribed date, time, or location will not be considered. It is the Bidder’s responsibility to assure their respective Bid is delivered on the correct date and time and to the BidNet portal. Delivery of a Bid to any other place

Page | 5 on the College campus will not be considered. If any Bidder is unable to submit a Bid through the BidNet portal, please contact the Point of Contact to make alternate arrangements.

3.2.2 Requests for extension of the due date and time will not be granted unless the College determines, at its sole discretion, that the original due date appears impractical. Notice of any extension will be provided in writing to all Bidders in the form of an addendum posted in the BidNet portal.

3.2.3 Initial Bids shall not refer the College to any form of electronic media for reference to obtain required information.

3.2.4 If not submitting a Bid to this ITB, firms should return the Supplier Acknowledgement Form with the statement, “NO BID" written on it and a brief explanation in the space provided above. Failure to respond three (3) times in succession to any solicitation by not returning this acknowledgment form may result in the removal of a firm from the opportunity to respond in the future. To qualify, the firm must submit “NO BID” and it must be received no later than the stated Bid opening date and time.

3.2.5 Bidder(s) should note that additional information may be requested at a later date. In addition, Bidder(s) should understand that any subsequent agreement between the College and the Bidder(s) may not be “boilerplate” and may require customization based on specific or unique requirements.

3.3 POINT OF CONTACT. This ITB is issued by the Office of Procurement Services, Florida SouthWestern State College, herein referred to as “Point of Contact”.

The address for all correspondence with regard to this ITB is:

Rick Pence Director of Procurement Services Florida SouthWestern State College 8099 College Parkway Fort Myers, Florida 33919 Email: rpence@fsw.edu Phone: 239.489.9102

Pursuant to § 287.057(23) F.S., Bidders shall not communicate with any officer, agent, or employee of the District Board of Trustees of Florida SouthWestern State College or Florida SouthWestern State College concerning this ITB, except with the Point of Contact identified in this section. If this provision is violated, the College reserves the right to reject the Bidder’s Bid.

3.4 FORMAT. To maintain comparability and facilitate the review process, it is required that Bids be organized concisely and efficiently with the written Bid tabbed to correspond to the headings listed below. Written Bid’s must be typed and shall not exceed seventy-five (75) pages double-sided, including charts and pictures. Color displays and promotional materials are neither required nor desired.

3.4.1 BID CHANGES. No changes or corrections to the initial Bid will be allowed after the opening date and time.

Bid’s should be prepared simply and economically providing a thorough, clear and concise delineation of all information submitted. All corrections made by the Bidder prior to the opening must be initialed and dated by the Bidder.

3.4.2 PERJURY. Bids shall be subject to the Laws of Perjury as set forth in Chapter 837, Florida Statutes. In the event a Bidder is found to have committed perjury, such Bidder shall be ineligible for consideration for future opportunities.

3.5 BID CONTENT. A complete, concise, and professional Bid to this ITB will enable the College to identify the most responsive and responsible Bidder and will be indicative of the level of the Bidder’s experience and commitment to this ITB. Bidders must demonstrate their experience and abilities necessary to successfully complete, maintain and secure their work.

TAB 1 BIDDER OVERVIEW. On Bidder’s letter head, provide a cover letter indicating a brief overview of the Bidder’s organization including:

(a) The Bidder’s understanding of the Scope of Work under this ITB.

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(b) The primary location of the office that will have direct responsibility for providing the services in this ITB;

(b) A description of the most common services offered by the Bidder organization;

(c) An organizational chart of staff with their title and the number of personnel available, identifying key personnel;

(d) If applicable, name all subcontractors with a signed certification stating the subcontractors are appropriately licensed and registered with the State of Florida in accordance with applicable statutes. Furthermore, each subcontractor must acknowledge their understanding and agreement with the terms of this ITB.

(d) At least three references with whom the Bidder has provided the same or similar services within the last 5 years.

Each reference should include the Company Name, Contact Name, Contact Title, Contact Phone Number and Contact Email Address.

TAB 2 PRICING INFORMATION. The Bidder must provide all pricing information on the Pricing Sheet, Exhibit 1. Hourly rates must be inclusive of start and end times of when the Bidder’s crew arrives at the jobsite and ends at the conclusion of the move. The College will not pay any additional and/or separate time. Please ensure that all information in Exhibit 1 is completed as this will impact the evaluation of the Bid.

TAB 3 REQUIRED ATTACHMENTS. Should Include the following completed forms: Attachment A, Completed Respondent Acknowledgement Form; Attachment B, Signed Addendum Acknowledgement Form(s) for any addenda issued; Attachment C, Employment Verification Form; Attachment D, Conflict of Interest Disclosure;

Attachment E, Drug Free Workplace; Attachment F, Corporate Governance Documents including a completed W-9 form and registration with the State of Florida Division of Corporations; Attachment G, PUR 7068 Form; Attachment H, Use of Coercion for Labor and Services Affidavit; Attachment I, Certificate of Insurance depicting current and active insurance coverage AND confirming workers’ compensation, public liability and property damage as required by law and as stated in section 5.13 of this ITB; Attachment J, PUR 1355, Foreign Country of Concern Attestation.

4.0 SELECTION AND AWARD.

4.1 EVALUATION. Evaluation and award of Bids will be based on the Bidder’s responsiveness of the requested documents, price, available personnel to perform the work under this ITB, and the Bidder’s references. Bid Evaluation shall consist of a two-step process as described below:

Step One: will consist of the verification that all mandatory requirements delineated in the bid documents have been met, to include; complied with the bid due date and time, completed and signed all Required Forms, and that all items are completed in Exhibit I, Price Form. Bids that do not meet the requirements of Step One may be rejected and not considered for Step Two.

Step Two: The purpose of the price evaluation is to determine the lowest Standardized Cost Scenarios of Exhibit 1 submitted by responsive and responsible Bidders, based on the pricing provided in Section 4, Standardized Cost Scenarios of Exhibit 1 (Price Form), and to establish a pool of qualified contractors for award. Bidders are required to submit pricing for all components identified in Exhibit 1, and the College has established a standardized set of estimated quantities and service scenarios to ensure that all bids are evaluated on a consistent and comparable basis.

For evaluation purposes, the Total Base Bid Price will be calculated as the sum of all scenario pricing components identified in Section 4 of Exhibit 1, including but not limited to preventive maintenance services, routine or corrective repairs, major equipment repairs, and materials allowance with applied markup. The Total Base Bid Price represents each Bidder’s aggregate cost to perform the defined scope of work under the specified conditions and quantities.

The quantities and service scenarios included in Section 4 are established solely for the purpose of bid evaluation.

These quantities are intended to reflect typical anticipated service needs and to provide a uniform basis for comparing bids; however, they are not guarantees of actual work, do not obligate the College to purchase any minimum volume of services, and shall not be interpreted as an estimate of actual contract usage. To be considered responsive, Bidders must complete all required pricing fields in Exhibit 1, including Section 4, in its entirety, and all pricing must be stated in U.S. dollars and be fully burdened and all-inclusive, incorporating all labor, supervision, equipment, materials, overhead, insurance, travel, and incidental costs necessary to perform the work. Failure to provide complete pricing for any required item may result in the Bid being deemed non-responsive and excluded from further consideration.

It is intended that an award will be made to multiple responsive and responsible Bidders submitting the lowest Total Base Bid Prices, as determined by the College. The College reserves the right to award contracts to more than one Bidder in order to ensure adequate coverage, availability, and capacity to meet operational needs. No scoring, weighting, or ranking methodology will be used; however, Bidders may be ordered or grouped based on their Total Base Bid Price for administrative purposes. The evaluation will be based strictly on total cost.

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The College reserves the right to verify the mathematical accuracy of all bids, request clarification of any pricing submitted, and reject bids containing mathematical errors, inconsistencies, or unbalanced pricing that may affect the integrity of the bid. In the event of a discrepancy between unit prices and totals, the College reserves the right to determine the correct value in accordance with the solicitation documents. All pricing submitted in Exhibit 1, including but not limited to labor rates, material markups, and emergency service rates, shall be binding for the term of the contract, regardless of the quantities used for evaluation.

4.2 NOTICE OF AWARD AND PROTEST

4.2.1 NOTICE OF AWARD. The College shall provide notice of a decision or intended decision concerning a competitive solicitation, contract award, or exceptional purchase by electronic posting. Failure to file a protest or failure to post the bond or other security as required by Chapter 120, Florida Statutes shall constitute a waiver of protest proceedings.

4.2.2 PROTEST. Any qualified Bidder who is aggrieved in connection with a decision or intended decision to this ITB shall file with the Point of Contact a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, or specifications contained in this solicitation, including any provisions governing the methods for ranking bids, Bids, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The notice of protest must be received before the expiration of the 72-hour period. Notices of protest filed after the 72-hour period will be rejected. The notice of protest must be filed with the Director of Procurement Services.

4.2.3 FORMAL WRITTEN PROTEST. The protesting Bidder must reduce its protest to writing and it shall be filed with the Director of Procurement Services within ten (10) calendar days of the filing of the Notice of Protest stating with specificity the grounds upon which the protest is based and also the action requested to be taken with a reference to the specific statutes the protest is based upon. Formal written protest not filed within this ten (10) day period will be rejected.

5.0 SPECIAL CONDITIONS

5.1 NOTICE TO BIDDERS. Any intended Bidder is solely responsible to check BidNet seventy-two (72) hours before the closing time of this ITB to verify that they have reviewed any and all addenda that may have been issued for this ITB.

5.2 INQUIRIES. The College will not give verbal answers to inquiries regarding or verbal instructions prior to or after the selection process of this ITB. A verbal statement regarding same by any person shall be non-binding. Bidders are responsible to ensure that the College Sole Point of Contact has their relevant information including but not limited to; name, physical address including city, state, and zip code, phone and facsimile numbers, as well as electronic mail address.

5.3 PRE-BID CONFERENCE. A Pre-Bid conference will not be held. Written questions regarding this ITB must be submitted in BidNet no later than the question due date and time stated herein. The College will provide answers to all questions in the form of an Addendum which will be posted on BidNet in the form of Attachment B, Addenda Acknowledgement Form.

5.4 MEETINGS. Notice of meetings regarding this ITB will be posted electronically BidNet at least seventy-two

(72) hours prior to the meeting.

5.4.1 If any individual(s) require special accommodations in order to attend a scheduled meeting as a result of this ITB, they must contact the Sole Point of Contact stated herein no later than three (3) business days prior to the scheduled meeting.

5.5 PARKING. Parking information may be found on the Campus Police website, https://www.fsw.edu/campuspolice/parkingrules. Parking rules and regulations must be observed by all drivers.

5.6 CONFIDENTIALITY. Upon award recommendation or thirty (30) days after opening, whichever occurs first, all material as it relates to this ITB shall become “public records” and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. If a Bidder believes any of their Bid is exempt from disclosure, they are requested to identify specifically that information contained in their Bid which they consider to be exempt from

Page | 8 disclosure, citing specifically the applicable exemption law. Bidders will be responsible for all costs, including attorneys’ fees, associated with defending such asserted exemptions from disclosure.

5.7 BID WITHDRAWAL. Bids submitted prior to the ITB opening date may be withdrawn by the Bidder.

Withdrawn Bid(s) may be resubmitted up to the date and time designated for the receipt of Bids, provided that they are then fully in conformance with the requirements of the ITB.

5.8 BID MATERIAL. The material submitted in response to the ITB becomes the property of the College upon delivery to the College and is to be appended to any formal document that would further define or expand the contractual relationship between the College and the selected Bidder.

5.9 ERRORS AND OMMISIONS. The Bidder is expected to comply with the true intent of this ITB taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Bidder suspect any error, omission, or discrepancy in the specifications or instructions, the Bidder shall immediately notify the College Sole Point of Contact, in writing, and the College shall issue written instructions to be followed. The Bidder is responsible for the contents of its Bid and for satisfying the requirements set forth in this ITB.

5.10 DEVIATIONS TO BE CLEARLY NOTED. Any deviation from the specifications in Section 2.0 must be clearly noted in the Bidder’s Bid. All decisions as to the acceptance of deviations are solely within the discretion of the College, and the College may reject any Bid as non-responsive if the College determines the deviation will have an undesired effect on the quality of its services under this ITB.

5.11 BIDDERS RESPONSIBILITY. It is understood and the Bidder hereby agrees that it shall be solely responsible for all services that it proposes, notwithstanding the detail present in the ITB.

5.12 RESERVATIONS OF RIGHTS. The College reserves the right to:

5.12.1 Waive minor informalities and any minor irregularities in any Bid received. A minor irregularity is a variation from the ITB which does not affect the financials of the Bid, or give one Bidder an advantage or benefit not enjoyed by other Bidders, or substantively change the requirements and/or specifications of this ITB, or adversely impact the interest of the College. Waivers, when granted, shall in no way modify the ITB requirements or excuse the Bidder from full compliance with the ITB specifications and other contract requirements if the Bidder is awarded the contract;

5.12.2 Reject any or all Bids, or any portion of any Bid;

5.12.3 Conduct discussions with, and negotiate with, responsible Bidders determined by the College to have a possibility of being selected for award;

5.12.4 Determine equipment or other equivalency to the College’s specifications in evaluating Bid’s;

5.12.5 Negotiate changes in the scope of work or services to be provided when in the best interest of the College in doing such negotiations;

5.12.6 Award contracts to multiple Bidder’s;

5.12.7 Withhold the award of a contract;

5.12.8 Select the Bidder it deems to be most qualified to fulfill the needs of the College. The Bidder with the lowest cost proposed may not necessarily be the one most qualified, since a number of factors other than cost are important in the determination of the most acceptable Bid.

5.13 ADDENDA. In the event the College finds it expedient to supplement, modify, or interpret any portion of this ITB prior to the Bid due date, such procedure will be accomplished by the issuance of written addenda to the ITB and posted through BidNet.

5.14 BIDDER’S EXPENSE. All Bid’s submitted in response to this ITB, conference attendance, and visits to the College campuses must be submitted at the sole expense of the Bidder, whether any agreement is signed as a result of this ITB or not. Any travel-related expenses that result as a part of this ITB shall be the responsibility of the Bidder.

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5.15 OPEN COMPETITION. The College encourages free and open competition among Bidders. Whenever possible, specifications, solicitation invitations, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College's needs and the accomplishment of a sound economical operation. The Bidder’s signature on the Bid guarantees that the prices quoted have been established without collusion with other Bidder’s and without effort to preclude the College from obtaining the most advantageous outcome for the College.

The Bidder certifies that its officers, employees, or agents have not bribed or attempted to bribe or influence in any way an officer, employee, or agent of the College.

5.16 ADDITIONAL INFORMATION. No additional information may be submitted, or follow-up performed by any Bidder after the Bid due date outside of a formal presentation to the Evaluation Team, if applicable, unless specifically requested by the Sole Point of Contact.

5.17 USE OF COLLEGE NAME. The Bidder shall obtain prior written approval of FSW for any news releases or other publicity pertaining to this ITB or other service, study or project to which it relates. The Bidder shall not use the name of the College, or any of the College’s symbols or marks, in any way unless approved in writing by the College.

5.18 PUBLIC ENTITY CRIMES. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $35,000.00) with any person or affiliate on the “Convicted Supplier List” for a period of thirty-six (36) months from the date that person or affiliate was placed on the “Convicted Supplier List” unless that person or affiliate has been removed from the list.

By signing and submitting your Bid, the Bidder attests that they have not been placed on the “Convicted Supplier List”. Any person submitting a Bid in response to this ITB must execute and submit Form PUR7068, SWORN STATEMENT UNDER SECTION 287.133(3) (A), Florida Statutes. The form is a part of Required Attachments and incorporated herein by reference.

5.19 CONFLICT OF INTEREST. All Bidder’s must disclose with their Bid the name of any officer, employee, or agent who is also an employee of Florida SouthWestern State College. Furthermore, all Bidders must disclose the name of any officer, employee, or agent of the College who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s firm or any of its branches. Should the awarded Bidder permanently or temporarily hire any officer, employee, or agent of the College who is, or has been, directly involved with the Bidder prior to or during performance of the resulting agreement, the agreement shall be subject to immediate termination by the College. The ‘Conflict of Interest Disclosure Form’ shall be completed and submitted as part of the Bid response. The Conflict of Interest Disclosure Form is a part of Required Attachments and incorporated herein by reference.

5.20 The College has reviewed purchasing agreements and state term contracts available under Florida Statutes Section 287.056 as required in Florida Statutes Section 1010.04.

6.0 GENERAL CONDITIONS

6.1 ADDITIONAL TERMS AND CONDITIONS. This ITB is limited to the terms and conditions contained on its face and those expressly incorporated by reference. Notwithstanding when provided to Florida SouthWestern State College, any and all Additional or Different Terms or conditions included in the Bidder’s acknowledgment, Bid, invoice, quote, or any other document, ("Additional or Different Terms") such Additional or different terms will be deemed to be material alterations or a Bid to add terms to, or change terms of, this ITB, and notice of objection to them is hereby given. Any such Additional or Different Terms shall be void. The College hereby unequivocally rejects all Additional or Different Terms unless the College expressly accepts such Additional or Different Terms in writing and signed by an authorized representative of the College and made a part of this ITB.

6.2 GOVERNING LAW. This ITB and any subsequent agreement is subject to the laws and rules of the State of Florida, policies and procedures of Florida SouthWestern State College. Any provisions herein in conflict with the relevant laws, rules, and policies shall be void and of no effect.

6.3 WARRANTY AND ABILITY TO PERFORM. The Bidder shall warrant that there is no action suit, proceeding, inquiry or governmental agency, public board, or body, pending or, to the best of the Bidder's knowledge, threatened, which would in any way prohibit, restrain, enjoin or diminish the Supplier’s ability to execute and/or perform the terms and conditions of a subsequent contract to this ITB.

6.4 DRUG AND ALCOHOL-FREE WORKPLACE. Florida SouthWestern State College believes in a drug free workplace and is committed through in-house policies to this objective. The Bidder shall have similar policies for

Page | 10 employees assigned to the College. The Bidder shall complete and submit the Drug Free Workplace Form located in the Required Documents.

6.5 FAMILIARITY WITH LAWS. All Suppliers are required to comply with all federal, state, and local laws, codes, rules and regulations controlling the action or operation of this ITB. Relevant laws may include, but are not limited to: The Fair Labor Standards Act (FLSA), the Americans with Disabilities Act of 1990, Florida Administrative Code, Chapter 6A-14, State Requirements for Educational Facilities (SREF), Florida Statute 1013 (K-20 Education Code – Educational Facilities), OSHA regulations, and all Civil Rights legislation.

6.6 RELATIONSHIP OF THE PARTIES. Nothing herein is intended or shall be construed as in any way creating or establishing a partnership or employee relationship between the parties or in any way making the successful Bidder the agent or representative of the College for any purposes in any manner whatsoever. The Supplier shall remain an independent Supplier with respect to all services performed under this Agreement.

6.7 EQUAL OPPORTUNITY STATEMENT. Florida SouthWestern State College, an equal access institution, prohibits discrimination in its employment, programs and activities based on race, sex, gender, age, color, religion, national origin, ethnicity, disability, pregnancy, sexual orientation, marital status, genetic information or veteran's status. The College is an equal access/equal opportunity institution. Questions pertaining to educational equity, equal access, or equal opportunity should be addressed to Title IX Coordinator/Equity Officer, 8099 College Parkway, Fort Myers, Florida 33919, equity@fsw.edu, 239.489.9051 or to the Assistant Secretary for Civil Rights, United States Department of Education. The Supplier shall have similar policies for employees assigned to the College.

6.8 TOBACCO FREE ORGANIZATION. Florida SouthWestern State College is dedicated to providing a safe and healthy environment for students, faculty, staff and visitors to the College, which includes eliminating tobacco use as part of the commitment to promoting healthy practices and choices for individuals. Tobacco use is prohibited on all property and in all facilities owned, leased or operated by Florida SouthWestern State College, including all vehicles owned or rented by the College. There are no designated smoking areas on such College property. Tobacco use includes all types of tobacco and tobacco-like products including smoke-less tobacco and any other smoking or smoking simulation products including electronic cigarettes.

6.9 E-VERIFY. Supplier, for the life of contract and any subsequent renewals, shall cooperate and comply with all legal requirements requiring college operators, Suppliers, Suppliers and associates on any Florida SouthWestern State College campus to submit to a verification of employment eligibility through the U.S. Department of Homeland Security’s E-Verify system as set forth under the State of Florida, Office of the Governor, Executive Order Number 11-116, Verification of Employment Status. The verification of employment eligibility will include all persons employed during the agreement term by the Supplier to perform duties within Florida and all persons (including subcontractors) assigned by the Supplier to perform work pursuant to the agreement with the College. Upon request by the College, evidence of compliance shall be provided to College.

6.10 TAXES/LICENSES/PERMITS. Supplier shall pay all applicable taxes and purchase any licenses that may be necessary in their performance of a subsequent agreement. In addition, the Supplier shall be responsible for obtaining all necessary Supplier and employee permits and/or registration cards in compliance with all applicable federal, state and municipal statutes.

6.11 PATENTS AND COPYRIGHTS. Supplier agrees to indemnify and save harmless the College, its officers, employees, agents, or representatives from any loss, damage, or injury arising out of a claim or suit at law or equity for actual or alleged infringement of letters of patent by reason of the buying, selling, or using the goods or services provided under this ITB and will assume the defense of any and all suits including the payment of all costs and expenses thereto.

6.12 INDEMNIFICATION. The Supplier will indemnify, defend, and hold harmless the State of Florida, Florida SouthWestern State College Board of Trustees, and their officers, employees and representatives, from and against any and all liability, damages, losses, expenses, claims, demands, suits, actions, judgments, bodily injuries or sicknesses to any person, or damage, destruction, or loss of use of any property arising out of or related to the services provided by the Supplier to the College to the extent caused by the negligent acts or omissions or willful misconduct of the Supplier, its employees, or agents.

To the extent allowable by law, the College will indemnify the Supplier for the negligent acts of its officers and employees while acting in the scope of their employment by the Supplier. Nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State

Page | 11 of Florida; (2) the consent of the College or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the College or of the State of Florida beyond the waiver provided in section 768.28 Florida Statutes.

Without intending to create any limitation relating to the survival of any other provisions of this Agreement, the parties shall agree that the terms of this paragraph shall survive the expiration or earlier termination of this Agreement. Each party shall promptly notify the other in the event of the threat or initiation of any claim, demand, action, or proceeding to which the indemnification obligations set forth in this Section may apply. Such notification shall include all notices and legal processes it receives in the most expeditious means available to the affected party. Each party agrees that the other may employ attorneys of its own choice to appear and defend the action and that no party shall do anything to compromise the defense of the action or any settlement thereof and shall provide all reasonable assistance that other may require. The foregoing indemnity shall not apply to settlement of claims made without the consent of both parties.

6.13 INSURANCE. The Supplier shall purchase and maintain, during the term of agreement, insurance policies described herein issued by companies licensed in Florida possessing a minimum A.M. Best Company rating of no less than A-VI. Certificates of Insurance (Form ACORD 25; 2016/03) and occupational/professional licenses carried by the vendor shall be furnished to the College prior to commencement of work and annually thereafter as applicable.

The vendor must be licensed or approved to do business within the State of Florida.

6.13.1 With the exception of Professional Liability (if applicable) and Workers’ Compensation, all policies must name the District Board of Trustees of Florida SouthWestern State College, its officers, employees, agents, and volunteers as “Additional Insured” (ISO Form CG 2010, 2004 Edition or equivalent).

6.13.2 The Certificate Holder and Additional Insured shall be known and identified on the ACORD Certificates as follows:

The District Board of Trustees of Florida SouthWestern State College, Florida, its Trustees, Employees, Officers, and Volunteers ATTN: Risk Manager 8099 College Parkway Fort Myers, Florida 33919 PLEASE NOTE: Submit via US postal service or when possible, electronically submit Certificates of Insurance to COI@fsw.edu.

6.13.3 Should any of the policies required herein be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Failure of Certificate Holder to demand a certificate or other evidence of full compliance with insurance requirements or failure of the Certificate Holder to identify a deficiency from evidence that is provided shall not be construed as a waiver of insured’s obligation to maintain such insurance.

6.13.4 Failure to maintain the required insurance may result in termination of the contract at the Certificate Holder’s option.

By requiring this insurance, the College does not represent that coverage and limits will necessarily be adequate to protect the Insured and such coverage and limits shall not be deemed as a limitation of Insured’s liability under the terms of the agreement. Vendor shall insure that all subcontractors comply with the same insurance requirements that the vendor is required to meet.

6.13.5 Minimum Insurance Coverage and Requirements. Prior to the commencement of work, the vendor must obtain and maintain the minimum insurance coverage set forth below. Dollar amounts may change in accordance with the project. By requiring such minimum insurance, Florida SouthWestern State College shall not be deemed or construed to have assessed the risk that may be applicable to the vendor. The vendor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. The vendor is not relieved of any liability or other obligations assumed or pursuant to the agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration or types. Unless otherwise approved by the College, all insurance coverage must be written on an occurrence basis with the exception of Professional Liability (if applicable).

I. Coverage

1. Commercial General Liability, ISO CG 001 Form or equivalent coverage to include: a) Premises and Operations;

b) Personal/Advertising Injury; c) Products/Completed Operations; d) Broad Form Property Damage; e) Independent Contractors

2. Automobile Liability including all: a) Any Auto (owned, non-owned, hired); b) Personal Injury Protection (when applicable)

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3. Worker’s Compensation: a) Statutory Limits as per Florida Statute 440 including Employer’s Liability

4. Excess/Umbrella Liability (as needed): a) Excess of Commercial General Liability, Automobile Liability and Employers Liability; b) Coverage should be as broad as primary

5. Professional Liability. the policy/coverage shall be amended to include the following (for mechanical service contractors only when an approved project involves design services): a) Amendment of any Contractual Liability Exclusion to state that the exclusion does not apply to any liability of others which you assume under a written agreement provided such liability is caused by your wrongful acts; b) Claims alleging improper supervision of sub-consultants; c) Representative Insured Wording amended to include past principals/employees; d) Cancellation Clause shall provide written notice prior to cancellation to College; e) Policy is to be the primary basis; if other professional coverage is carried, an endorsement is to be issued acknowledging that there is excess coverage above this policy; the declaration page shall show the other policy is intended to function as excess, and shall be shown on the declarations page of this policy; f) Notice Provision for Claims to be added stating that it is agreed that knowledge of an act, error, or omission by an agent or employee of the Insured, shall not in itself constitute knowledge by the Insured, unless an officer, owner, partner, or principal of the Insured shall have received such notice

II. Limits

1. Required Limits: The following minimum limits of liability are required; however, the limits are subject to change based on the type and extent of project. The requirement for Professional Liability will be as applicable.

Commercial General Liability Each Occurrence Limit $1,000,000 General Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations Aggregate $2,000,000 Damage to Rented Premises $300,000 Medical Payments (any one person) $5,000 Automobile Liability Bodily Injury/Property Damage (each accident) $1,000,000 Personal Injury Protection Statutory Workers’ Compensation Coverage A (Workers’ Compensation) Statutory Coverage B (Employer’s Liability) $1,000,000 Umbrella Liability Each Occurrence Limit ($1-$5M) $1,000,000 Professional Liability (for mechanical service contractors only when an approved project involves design services) Each Claim ($1-$3M) $1,000,000 Annual Policy…