Building_Commissioning_Services_(Addendum_231_Revision).pdf

REQUEST FOR PROFESSIONAL SERVICES (PS)

PS-7368-26/NBM

BUILDING COMMISSIONING SERVICES

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: September 7, 2026

DEADLINE FOR QUESTIONS: September 27, 2026

RESPONSE DEADLINE: October 7, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

PS #PS-7368-26/NBM

Building Commissioning Services

TABLE OF CONTENTS

I. Introduction II. Scope of Work

III. Instructions to Proposers IV. Instructions for the preparation of Submittals V. Evaluation of Submittals

Attachments:

A - SCOPE

B - PS-7368-26 Draft Agreement.pdf

Title: Building Commissioning Services

1. Introduction

1.1. Summary

The Seminole County Board of County Commissioners is soliciting proposals from qualified firms to provide building commissioning services for new construction, existing buildings, and postconstruction facility verification. Services may include code-required reviews, County-requested evaluations, and system verification for designated facilities and building systems. Projects may include, but are not limited to, the Indoor Sports Complex, Fire Department Capital Improvement

Projects, and Five Points area projects, including the County Administration Building, Medical

Examiner's Office, Animal Services Building, Emergency Operations Center, Public Safety Building

Renovation, Fleet Service Center, Fuel Tank Depot, Public Works Administration Building

Renovation, and John E. Polk Correctional Facility. Commissioning requirements may vary by facility based on project phase, building systems, operational needs, and applicable code requirements.

The selected firm shall assist the County in verifying that designated building systems are installed, integrated, programmed, tested, and functioning in accordance with the contract documents, design intent, County requirements, and long-term operational needs. Services may include review of available design and construction documents, facility information, equipment lists, control sequences, schedules, testing documentation, and other system-related information provided by the

County. Services are expected to include development of a commissioning plan, kickoff and coordination meetings, review of schedules related to commissioning activities, preparation and review of checklists and testing procedures, site observations, issue log tracking, review of startup and testing documentation, coordination with contractors and County staff, witnessing of functional performance testing, verification of deficiency resolution, post-construction activities as required, training documentation review, and preparation of a final commissioning report. The selected firm will work in close collaboration with Seminole County, design professionals, contractors, controls contractors, testing and balancing contractors, maintenance staff, and other project stakeholders to support delivery of building systems that are reliable, maintainable, energy conscious, and capable of meeting the County's operational expectations. Proposals must clearly demonstrate the qualifications and relevant experience of both the firm and proposed commissioning team, with an emphasis on successful delivery of comparable public sector facility commissioning services and mechanical, electrical, plumbing, lighting control, building automation, and related building systems.

1.2. Contact Information

Naomi Marinez Senior Procurement Analyst 1301 E 2nd St Sanford, FL 32771 Email: nmarinez@seminolecountyfl.gov Phone: (407) 665-7110

Department:

Administrative Services - Purchasing & Contracts

1.3. Timeline

Release Project Date September 7, 2026 mailto:nmarinez@seminolecountyfl.gov tel:(407)665-7110

Question Submission Deadline September 27, 2026, 5:00pm

Proposal Submission Deadline October 7, 2026, 2:00pm

Attend proposal opening Via MS TEAMS meeting information below:

Meeting ID: 237 578 707 545 Passcode: By9VR7oV https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwY i00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40 thread.v2/0?context=%7b%22Tid%22%3a%22

9d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%2246

2f8932-cfb6-408b-89d3-e432396ca876%22%7d and Purchasing & Contracts Division Conference

Room located at:

1301 East Second Street Sanford, FL 32771 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%40thread.v2/0?context=%7b%22Tid%22%3a%229d380a55-ed10-44b9-813b-b83cfe0e80d4%22%2c%22Oid%22%3a%22462f8932-cfb6-408b-89d3-e432396ca876%22%7d

2. Scope of Work

The County will select Consultants in accordance with the provisions of the Consultants’

Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes. Authorization for performance of professional services by Consultants under this project will be in the form of a written Work Order issued by the County.

2.1. Building Commissioning Services

The Seminole County Board of County Commissioners is soliciting proposals from qualified firms to provide building commissioning services for new construction, existing buildings, and postconstruction facility verification. Services may include code-required reviews, County-requested evaluations, and system verification for designated facilities and building systems.

Projects may include, but are not limited to, the Indoor Sports Complex, Fire Department Capital

Improvement Projects, and Five Points area projects, including the County Administration

Building, Medical Examiner's Office, Animal Services Building, Emergency Operations Center, Public Safety Building Renovation, Fleet Service Center, Fuel Tank Depot, Public Works

Administration Building Renovation, and John E. Polk Correctional Facility. Commissioning requirements may vary by facility based on project phase, building systems, operational needs, and applicable code requirements. The selected firm shall assist the County in verifying that designated building systems are installed, integrated, programmed, tested, and functioning in accordance with the contract documents, design intent, County requirements, and long-term operational needs. Services may include review of available design and construction documents, facility information, equipment lists, control sequences, schedules, testing documentation, and other system-related information provided by the County.

Services are expected to include development of a commissioning plan, kickoff and coordination meetings, review of schedules related to commissioning activities, preparation and review of checklists and testing procedures, site observations, issue log tracking, review of startup and testing documentation, coordination with contractors and County staff, witnessing of functional performance testing, verification of deficiency resolution, post-construction activities as required, training documentation review, and preparation of a final commissioning report. The selected firm will work in close collaboration with Seminole County, design professionals, contractors, controls contractors, testing and balancing contractors, maintenance staff, and other project stakeholders to support delivery of building systems that are reliable, maintainable, energy conscious, and capable of meeting the County's operational expectations. Proposals must clearly demonstrate the qualifications and relevant experience of both the firm and proposed commissioning team, with an emphasis on successful delivery of comparable public sector facility commissioning services and mechanical, electrical, plumbing, lighting control, building automation, and related building systems.

3. Instructions to Proposers

3.1. Contact

All prospective Proposers are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, Naomi Marinez, regarding this PS or their written proposal at any time prior to the posting on the COUNTY’s Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your proposal. Interpretation of this clause will be solely at the discretion of the County.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this solicitation.

3.3. Public Opening

Electronic submittals shall be received by PCD online in accordance with the instructions in this solicitation document, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7110.

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: https://secure.procurenow.com/portal/seminolefl

3.5. Proposal Submission and Withdrawal

The COUNTY will accept submittals electronically via the COUNTY’s e-Procurement Portal until

2:00 pm on Wednesday, October 7, 2026. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted or considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective bidder for this solicitation and will appear on the Follower’s list. Companies that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this PS. If a Proposer encounters technical difficulties using the

COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-Procurement, the Software

Administrator. Proposers may also contact the Software Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Companies shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Respondent representative is using to submit a response. Failure of the Respondent to successfully submit an electronic proposal before the deadline indicated herein shall be at the Respondent’s sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Respondent representative who is registered with the COUNTY will also receive an email confirmation from the COUNTY’s e-Procurement Portal. Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-7110, before the 2:00 pm deadline.

The Proposer is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Proposers may withdraw their submittal electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Proposers should carefully examine the PS documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the PS documents including the attached Draft Agreement, shall be requested in writing, and received no later than 5:00 pm on Sunday, September 27, 2026.

Written requests shall be submitted via the COUNTY’S e-Procurement Platform The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this PS. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at nmarinez@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the PS documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the PS’s Followers list. All Proposers should check the COUNTY's Website or notify Naomi Marinez to verify information regarding

Addenda. Failure to do so may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. By execution of the Formal Notice for this PS, the Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website (https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Proposer to ensure that they obtain information related to any

Addenda.

3.8. Selection Process and Award

All proposals will be reviewed by personnel as designated by the COUNTY staff in accordance with the qualification/evaluation criteria set forth in the PS documents. The qualifications of the

Proposers are rated and ranked in order of preference, based on their qualifications and evaluation criteria. Interviews and/or presentations will be part of the evaluation process.

Presentations and interviews must comply with the State of Florida’s Sunshine and Public

Records Laws (Section 286.0113, Florida Statutes).

The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations. The County will award a contract based on the proposal that bests meets the

County's requirements, that would provide the best service to the public, and would provide a high return to the County. The Proposer understands that this PS does not constitute an agreement with the Proposer. The COUNTY reserves the right to reject all proposals, make multiple awards (award to more than one vendor), to waive formalities, to re-solicit and advertise for new proposals, or to cancel the project in its entirety.

3.9. Proposal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this PS. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of this PS.

3.10. Accuracy of Proposal Information

By submission of a proposal, Proposer acknowledges that they have carefully examined the

Request for Professional Services documents and agrees to furnish the services specified in the solicitation as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty (120) days to allow the County adequate time to evaluate the submittals.

By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Proposer’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY’s Award Agreement.

3.12. Licenses

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this PS. Failure of the Proposer to be fully licensed and certified, will result in rejection of the Proposer’s submitted proposal and will be considered “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer. All final plans and documents prepared by the Consultant must bear the endorsement of a person that is full employ of the Consultant and currently registered as a professional for the services in the State of Florida.

3.13. Posting of the Recommendation and Intent to Award for the PS

The recommendation and intent to award for this PS will be posted on the COUNTY’s Website https://secure.procurenow.com/portal/seminolefl. Failure to file a protest with the COUNTY’s

Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.14. Public Records

Upon recommendation and intent to award this PS as posted to the COUNTY’s website or thirty

(30) calendar days after closing, proposals are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by uploading any information deemed confidential separately under “Confidential Files," and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With

Public Records Law” Form, which is required as part of the PS documents. Ownership of all data, material, and documentation originated and prepared for the County pursuant to the PS shall belong exclusively to the County and be subject to public inspection in accordance with the

Public Records Law. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the Proposer must invoke the protection of this section prior to or upon submission of the data or other materials and must identify the data or other materials to be protected and state the reasons why protection is necessary.

By executing this Contract, the Contractor hereby certifies that it understands and agrees that all books, records, and accounts related to the performance of this Contract shall be subject to the applicable public records provisions of Chapter 119, Florida Statutes. As such, all books, records, and accounts created by the Contractor, or provided to the Contractor pursuant to this

Contract, are public records and the Contractor agrees to assist the County in compliance with any request for such public records made in accordance with Chapter 119, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY’S PUBLIC

RECORDS COORDINATOR AT:

407-665-7410, PUBLICRECORDS@SEMINOLECOUNTYFL.GOV

mailto:PUBLICRECORDS@SEMINOLECOUNTYFL.GOV

1101 E. FIRST STREET

SANFORD, FL 32771

A. CONTRACTOR specifically acknowledges its obligations to comply with Section

119.0701, Florida Statues, with regard to public records and shall:

1. Keep and maintain public records that ordinarily and necessarily would be required by COUNTY; and

2. Provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and

4. Meet all requirements for retaining public records and transfer, at no cost to the

COUNTY, all public records in possession of CONTRACTOR upon termination of this Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY.

3.15. Proposer/Bidder's Responsibility Regarding Confidential or Exempt Information In Proposal/Bid

Bids and Proposals are considered “public records” and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes. If Bidder or Proposer considers any portion of its Bid or Proposal to contain material that is confidential or exempt from public inspection or disclosure under Chapter 119, Florida Statues, or other applicable state or federal law, then Bidder or Proposer must, simultaneously with its unredacted Bid or Proposal, provide the County with a complete separate copy of the Bid or Proposal which has redacted the portions the Bidder or Proposer asserts to be confidential and exempt from disclosure. Only the portions of the Bid or Proposal the Bidder or Proposer claims are confidential or exempt from disclosure should be redacted and no Bid or Proposal may be redacted in its entirety.

In submitting the redacted copy of the Bid or Proposal, at the same time as the unredacted Bid or Proposal, the Bidder or Proposer must upload it separately under Section 4.15 of this solicitation, “Confidential Files”. The Bidder or Proposer shall also submit an index under

Section 4.15 of the solicitation that specifically lists the confidential portions of the Bid or

Proposal along with a thorough written description identifying each reason and statutory basis under which the Bidder or Proposer has claimed such exemption(s).

If the Bidder or Proposer fails to properly upload the redacted copy of the Bid or Proposal under

Section 4.15 of this solicitation, “Confidential Files”, its claim of confidentiality will be considered waived upon submission of the Bid or Proposal. If the Bidder or Proposer fails to properly identify the confidential portions of the Bid or Proposal or fails to include the statutory basis for which the claim of exemption is based, such claim of confidentiality will be waived upon submission of the Bid or Proposal.

If the County receives a public records request to which materials identified as confidential are responsive, the County will provide the redacted copy to the requestor. If the public records requestor asserts a right to the redacted portions of the material, the County will notify the

Bidder or Proposer that such an assertion has been made. It is then the Bidder or Proposer’s responsibility to take the appropriate legal action to assert that the portion of the records in question are protected from disclosure under the public records law. If the Bidder or Proposer fails to take appropriate and timely legal action to defend its claim of confidentiality, the County will release the materials that are responsive, without redaction, to the public records requestor.

If the County becomes subject to a demand for discovery or disclosure of materials the Bidder or Proposer claims are confidential, the County will notify the Bidder of Proposer of the demand, and thereafter it will be the responsibility of the Bidder or Proposer to take appropriate legal action to defend its claim of confidentiality. If the Bidder or Proposer fails to take appropriate and timely legal action to defend its claim of confidentiality, the County will release the materials that are responsive, without redaction, to the public records requestor.

By submitting a response to this solicitation, the company agrees to defend the County in the event it is forced to litigate the public records status of the company’s documents.

3.16. Confidential Files

In compliance with Chapter 119, Florida Statutes, any Bidder or Proposer that believes any portion of its Bid or Proposal is exempt from public records disclosure shall upload its redacted copy here. In addition to the redacted copy, the Bidder or Proposer shall also upload an index that specifically lists the confidential portions of the Bid or Proposal, along with a thorough written description identifying each reason and statutory basis under which the Bidder or

Proposer has claimed each exemption.

3.17. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award

Agreement for this PS, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the

COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.18. Rejection/Disqualification

The COUNTY reserves the right to reject the proposal of any Proposer who has failed to perform, in a timely manner, the scope of services of a previously awarded agreement. The

COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers.

3.19. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this PS in their entirety.

3.20. Affirmation

By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this PS and the resulting Award Agreement.

3.21. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and

Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract at no further expense to the County.

3.22. Advertising

In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager’s Office.

3.23. Patents and Royalties

Unless otherwise provided, the Proposer shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this

PS. The Proposer, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Consultant shall use its best efforts to promptly purchase for the County the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to County that will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

3.24. Drug-Free Workplace Compliance

Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation.

3.25. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.26. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act.

3.27. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document and

Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these PS documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature (including electronic confirmation) on the Proposal Response Form attests to this.

3.28. Consultants Competitive Negotiation Act (CCNA)

This Contract is a Contract as defined in Section 287.055, Florida Statutes. If this is for a continuing contract, the professional services provided to the County for projects in which the estimated construction cost of each individual project must not exceed $7,500,000.00 or for a study activity, the fee for professional services for each individual study must not exceed

$500,000.00.

Consultant(s) and its subsidiaries or affiliates who design the project under this Contract are ineligible for the award of the construction contract for the project.

The Consultant hereby represents, covenants and warrants, if awarded the Contract, that wage rates and other factual unit costs supporting the compensation provided for in this Contract are accurate, complete and current as of the date of contracting. It is further agreed that the

Contract price shall be adjusted to exclude any amounts where the County determines the

Contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs.

4. Instructions for the preparation of Submittals

The Proposer is expected to completely analyze the information contained in this Request for

Professional Services (PS) as guidance for the preparation of their written proposal. The

Proposer’s proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer’s understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work.

The Proposer(s) warrants its response to this Request for Professional Services to be fully disclosed and correct. The firm must submit a proposal complying with this Request for

Professional Services, and the information, documents and material submitted in the proposal must be complete and accurate in all material aspects. The proposals shall include all of the information solicited in this PS and any additional data that the Proposer deems pertinent to the understanding and evaluation of the proposal. Proposals must be organized and sections in the order noted below. Marketing materials shall not be included as documentation of Proposer’s ability to provide services required. Compliance with all requirements will be solely the responsibility of the Proposer and failure to provide requested information may result in disqualification of response.

4.1. TYPE OF BUSINESS*

☐ Corporation

☐ Joint Venture

☐ Partnership

☐ Proprietorship

☐ Limited Liability Company

*Response required

4.2. LEGAL ENTITY NAME*

Type Proposer's legal entity name here. This name will be verified against the Secretary of

State website.

*Response required

4.3. FEDERAL EMPLOYER ID NUMBER (FEIN)*

*Response required

4.4. INCORPORATED IN THE STATE OF _______________.*

Ex.) Florida

*Response required

4.5. LIST OF PRINCIPALS*

*Response required

4.6. UPLOAD EVIDENCE OF AUTHORITY TO DO BUSINESS IN THE

STATE OF FLORIDA.*

Acceptable form of evidence includes Secretary of State download, or Certificate of Status.

*Response required

4.7. PROPOSAL CONTENT*

WARNING: DO NOT UPLOAD CONFIDENTIAL INFORMATION HERE.

Please note that the Proposal Content shall not exceed Ten (10) pages and must use be submitted on 8 ½” x 11” size sheets, with a font no smaller than 10 pt with one (1) inch borders. Failure to comply with the stated maximum page count for each submittal section may cause disqualification of your submittal for further consideration.

A. Letter of Transmittal: This letter will summarize in a brief and concise manner, the

Proposer's understanding of the scope of work and make a positive commitment to perform the work in a timely manner. The letter should name all of the persons authorized to make representations for the Proposer, including the titles, addresses and telephone numbers of such persons. An authorized agent of the Proposer must sign the

Letter of Transmittal indicating the agent’s title or authority. This letter should also serve as acknowledgement by the Proposer that the contents of the submittal are true and accurate, and that the requirements of this PS can be met, including but not limited to, insurance, bonding and licensing requirements. Further, the Proposer acknowledges their intent to execute an Agreement with the COUNTY.

B. QUALIFICATIONS OF PROPOSED TEAM: (Three [3] single-sided pages maximum):

1. Provide qualifications and experience for staff proposed for this project, such as licenses and/or certifications. Resumes of key individuals may be included to demonstrate the skills necessary to complete this project.

2. Identify and provide qualifications and experience of sub-consultants, relevant to this project. It is preferred for the sub-consultant to have worked with the prime consultant on previous projects and demonstrated their ability to be part of the design team.

3. Provide an Organizational Chart depicting the team for this project to include roles and responsibilities in relation to the scope of this project. The organizational chart should include the location of each staff member that is proposed.

C. PROJECT APPROACH /UNDERSTANDING: (Three [3] single-sided pages maximum):

1. The content and form of the Proposal shall present a clear, comprehensive, and well-documented representation, demonstrating understanding and commitment of how the Proposer intends to implement and fulfill the requirements of the scope of the project. Delineate the firm’s understanding of the project including special considerations and technical aspects of the project.

2. Provide a description of how the Project team can coordinate and expedite the design process, permitting process, utility and agency coordination, and work by sub-

Consultants to ensure quality control under an accelerated schedule using project planning methodology. The Proposer shall describe steps to plan, administer, coordinate and complete all requirements of a design project with emphasis on design quality control and construction quality assurance and efficient implementation.

D. SIMILAR PROJECT EXPERIENCE: (Four [4] single-sided page maximum):

1. Provide a list of similar projects, for which services have been successfully completed within the past ten [10] years which most closely match the scope of work within this project. List must include a brief description of the project, contact person, address, telephone number, e-mail addresses. The County intends to conduct reference checks of those clients. These checks will be designed to validate the company’s performance, ascertain the difference (if any) between expectations and delivery, and determine overall satisfaction with the company’s services.

2. Provide a maximum of four [4] verifiable references for similar services provided within the last ten [10] years on the form provided in Part 3 of the solicitation package. The contact person(s) listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced project.

Contact person(s) must have been informed that they are being used as a reference and that the County may be calling them on a valid phone number as provided. More than one [1] person can be listed, but all must have knowledge of the project. DO

NOT list principals or officers who will not be able to answer specific questions regarding the project. The reference shall be the owner or a representative of the owner. An owner’s representative is defined as a firm or individual hired by the owner to oversee design or construction oversight services performed by the prime

Consultant. Consultants or Contractors who provided services under project

(contract) shall not be accepted as references unless they were hired as the owner’s representative for the referenced project (contract).

*Response required

4.8. LOCATION*

Provide the location of the firm’s office that will support the activities under this Agreement.

Regional firms whose physical address is located within the Counties of Brevard, Lake, Orange, Osceola, Seminole, and Volusia will receive five (5) points. Firms located within the state of

Florida will receive 2 points.

*Response required

4.9. LICENSE SANCTIONS*

Regulatory/license agency sanctions within the past 5 years.

(If Proposer prefers to upload a file, upload in next question and enter "see file upload" in this field)

*Response required

4.10. LICENSE SANCTIONS

Regulatory/license agency sanctions within the past 5 years.

4.11. CONFLICT OF INTEREST STATEMENT*

I certify that I am an authorized representative (the Affiant) of my company (the Entity submitting this response) to sign and submit this statement on my company's behalf.

My company is submitting an Expression of Interest for the Seminole County project described as Building Commissioning Services.

The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his/her own knowledge.

The Affiant states that only one submittal for the above project is being submitted and that the above-named entity has no financial interest in any other entities submitting proposals for the same project.

Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the

Agreement for this project.

Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency.

Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project.

The Affiant certifies that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of Seminole County.

The Affiant certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with Seminole County.

The Affiant certifies that no member of the entity’s ownership or management is currently serving as a member of any Seminole County advisory board(s) or committee(s), or alternatively, state the individual(s) name(s), who is a member of the above-named entity’s ownership or management, and is currently serving as a member, and on which Seminole

County advisory board(s) or committee(s) they are currently serving as a member, in the following question.

☐ Please confirm

*Response required

4.12. CONFLICT OF INTEREST STATEMENT CONT...*

A. Enter the name(s) of the individual(s) who is serving on a Seminole County advisory board(s) or committee(s).

B. Enter the Seminole County advisory board(s) or committee(s) that the individual(s) is serving as a member.

• If this is not applicable, type "N/A."

*Response required

4.13. COMPLIANCE WITH THE PUBLIC RECORDS LAW*

Seminole County shall comply with the Public Records Law as provided by Chapter 119, Florida

Statutes, and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected by separate envelope and must state the reasons why such exclusion from public disclosure is necessary. The submission of a response authorizes release of your firm’s credit data to Seminole County.

If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their submittal/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked

“EXEMPT FROM PUBLIC RECORDS LAW”. Failure to identify protected material via a separately marked envelopment will cause the County to release this information in accordance with the Public records Law despite any markings on individual pages of your submittal/proposal.

A. CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement.

B. CONTRACTOR specifically acknowledges its obligations to comply with Section

119.0701, Florida Statutes, with regard to public records, and shall:

1. keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement;

2. provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

3. ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and;

4. meet all requirements for retaining public records and transfer, at no cost to the

COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY.

C. Failure to comply with this Section shall be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to

CONTRACTOR.

By submitting a response to this solicitation, the company agrees to defend the County in the event it is forced to litigate the public records status of the company’s documents.

☐ Please confirm

*Response required

4.14. CONFIDENTAL FILE(S)

In compliance with Chapter 119, Florida Statutes, if Proposer must include confidential information that qualifies as “EXEMPT FROM PUBLIC RECORDS LAW" as part of their response to this RFP, it shall be uploaded here.

If the company submits information exempt from public disclosure, the company must identify why the information is exempt from the Public Records Act, identifying the specific exemption section that applies to each.

4.15. WORKERS’ COMPENSATION COMPLIANCE CERTIFICATION*

Chapter 440, Florida Statutes establishes a workers’ compensation system designed to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer. It is the policy of Seminole County to do business only with those entities which are fully compliant with

Chapter 440, including all reporting and premium payment requirements.

To comply with this requirement, the undersigned hereby certifies that:

☐ Has fully complied with all requirements of Chapter 440, Florida Statutes, including provisions regarding reporting and premium…