D_24-1003-Q-AR917_Design_Professional_Services_for_Eustis_High_Addition.pdf

Procurement Services 29529 CR 561 Tavares FL 32778, (352) 253-6763 Fax: (352) 253-6761 http://lake.k12.fl.us

RFQ #24-1003-Q-AR917 – Design Professional Services for Eustis High School

REQUEST FOR QUALIFICATIONS (RFQ)

RFQ # 24-1003-Q-AR917 – Design Professional Services for Eustis High School Addition

Public notice is hereby given that the School Board of Lake County Schools District, Florida has issued RFQ # 24-1003-Q-AR917 seeking to accept submittals from qualified vendors to provide Design Professional Services for Eustis High School. The intent of this solicitation is to select one vendor to provide these services. This public notice is pursuant to Chapter 1013, Florida Statutes; the Florida Consultant’s Competitive Negotiation Act, Section 287.055 Florida Statutes; State Requirements for Educational Facilities; Rule 6A-2.0010, Florida Administrative Code; and School Board Rules. The RFQ and all submittal requirements are available on Vendorlink and can be accessed at www.myvendorlink.com.

Vendors are specifically directed not to contact any Lake County School District Board member or personnel, other than the Contact Person listed below, for any purpose related to this RFQ.

Unauthorized contact of any Lake County School District Board member or personnel may be cause for rejection of a vendor’s proposal. All inquiries concerning this RFQ should be directed to the following Contact Person:

Name: Angelita Russell E-mail: russella3@lake.k12.fl.us Phone: (352) 253-6763 Address: 29529 CR 561

Tavares, FL 32778

PROJECTED TIMETABLE

The following dates are set forth for information and planning purposes only. These dates may be changed upon notice to prospective proposers.

Release Date: 10/3/2024 Pre-Proposal Conference Date: 10/9/2024@ 9:00 AM EST Questions Deadline: 10/11/2024@ 2:00 PM EST Due Date/Time: 11/8/2024@ 2:00 PM EST Initial Screening for Short-Listing 12/3/2024@ 9:00 AM EST Site Visit for Short-Listed Vendors 12/6/2024@ 9:30 AM EST

Vendors are solely responsible for ensuring timely receipt of their Proposals. All proposals must be signed by an officer or employee having authority to legally bind the vendor. A pre-proposal meeting is scheduled for 10/9/2024 at 9:00 AM and will be held at 201 WEST BURLEIGH BLVD TAVARES, Tavares, FL 32778 – District’s Board Room. Proposers are encouraged to attend the pre-proposal meeting.

http://lake.k12.fl.us/ http://www.myvendorlink.com/ mailto:zacharyo@lake.k12.fl.us

RFQ #24-1003-Q-AR917 – Design Professional Services for Eustis HIgh School

A. INSTRUCTION TO VENDORS

1. All proposals must be received no later than 2:00 PM EST, on 11/8/2024. Respondent will be responsible for its timely submission of their submittal.

2. All proposals must be signed by an officer or employee having authority to legally bind Respondent. Any corrections of unit prices must be initialed.

3. IMPORTANT NOTICE TO BIDDERS: The Procurement Services Department of Lake County Schools has partnered with Vendor Link www.myvendorlink.com for the posting, notification, and processing of their bid opportunities. There is NO COST to Respondents to use this service for Lake County Schools bid opportunities.

4. Bidders who obtain Solicitation Packages from sources other than the Lake County School Board or from www.myvendorlink.com shall be required to register with Vendor Link. Please follow the link www.myvendorlink.com to register with Vendor Link for Lake County Schools.

This will place the Bidder on the notification list for any forthcoming addendum or other official communications. Failure to register as a prospective Bidder and/or accept receipt of each document may cause your Submittal Package to be rejected as non-responsive if you have submitted a Submittal Package without Lake County School Board issued forms and/or acknowledgment of issued addenda and/or meet the Solicitation Package requirements as provided by the Lake County School Board. Proposals not conforming to the instructions provided herein may be subject to disqualification at the sole option of the district.

5. Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide the district with the services specified in the proposal.

6. Submittals/Responses shall be accepted only through www.myvendorlink.com.

7. ON LINE RESPONSES – shall be accepted ONLY until the date and time stated above on www.myvendorlink.com. All submittals not received by the stated date and time will be considered late and therefore unacceptable.

8. Recommended awards will be posted for review by interested parties on www.myvendorlink.com and will remain posted for a period of 72 hours. Since this information is available as outlined above, the Purchasing department will not mail or fax recommendation of award notices to all bidders. All award information will be posted on www.myvendorlink.com. Failure to file a protest within the time prescribes in Section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida statutes.

9. All questions must be submitted by information cut-off date listed above, questions received after said date will not be considered. Inquiries must be made through www.myvendorlink.com. Those interpretations which may affect the eventual outcome of this proposal will be posted on the on www.myvendorlink.com for all prospective Respondents to view. Only the interpretation or correction so given by the Procurement Services representative, in writing, shall be binding and prospective Respondents are advised that no other source is authorized to give information concerning, or to explain or interpret the RFQ and the selection process. All such interpretations and supplemental instructions will be in the form of written Addenda to the RFQ.

10. Selection committee members, school board members, and school board personnel (except the Procurement Services representative) are not to be contacted prior to the School Board’s decision to approve or reject the final recommendation presented by the Superintendent. At the discretion of LCS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this NO-CONTACT PERIOD shall commence on the initial date of release of the Request for Qualifications and continue through and include the date the Lake County School http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/

Board makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify a Respondent from consideration.

11. By submission of a proposal, Respondent understands that award of the solicitation by Lake County Schools, and any subsequent purchase orders and agreements, shall constitute a binding and enforceable contract. Unless otherwise stipulated in the solicitation documents, no other contract documents shall be issued.

12. RFQ RESPONSE REQUIREMENTS/FORMS: When submitting a proposal through www.myvendorlink.com , an attachment package of required forms shall be included with your submittal.

B. BACKGROUND AND PURPOSE

Lake County Schools (LCS) is the 19th largest public school district in the state of Florida, serving approximately 42,000 students across 51 learning sites (including Lake Virtual School and Lake Technical College) and with more than 5,000 employees. Its Mission is to provide every student with individual opportunities to excel. The Vision of the District is to be dynamic, progressive, and collaborative learning community embracing change and diversity where every student will graduate with the skills needed to succeed in post-secondary education and the work place.

It is the intent of the School Board to select a qualified vendor in accordance with the Consultant’s Competitive Negotiations Act, F.S. 287.055 Architectural/Engineering services. Educational Facilities project planning and design for Eustis High School. As of the approved 2024-2025 Capital Improvements Plan, the project is funded at $40,480,000. The project’s projected cost breakdown is as follows:

Design Services: $2,000,000 Construction: $35,480,000

FF&E: $3,000,000

The tentative substantial completion date is set for July, 2027.

In determining whether a vendor is qualified, the School Board shall consider such factors as the ability and qualifications of professional personnel; experience and past performance; past litigation;

project/task approach and methodology; and references. Corporations must be registered in the State of Florida by the Department of the State, Division of Corporations, at the time of final selection by the Selection Committee. Please include copy of your licenses within the submitted proposal.

C. SERVICES REQUIRED

1. The selected vendor will provide design professional services to the agency for the Eustis High School Addition on the main campus of Eustis High School, located at 1300 E. Washington Avenue, Eustis, FL 32726. The proposed addition will replace the current Eustis High School 9th Grade Center located on Bates Avenue in Eustis.

2. Major design elements of the project, to be located on the existing Eustis High School campus, are an approximately 600 student addition to be located on the current practice field, which may include but not be limited to:

a. Senior High Classrooms

b. Senior High Science Labs

c. ESE Part-Time Room(s)

d. ESE Full-Time Room(s)

e. ESE Vocational Room

f. ESE Resource Room(s)

g. PE Weight Room

h. Technology/Industry Exploration Lab intended to serve the school’s aviation program

i. Large Industrial Lab with associated classroom and space intended to serve the

Construction Academy (it is anticipated that this may be in a separate building)

j. Administrative Office Space for an Assistant Principal or Dean, Guidance, and ESE support staff with associated clerical and support personnel

k. Outdoor Covered Dining Area

Lake County Schools seeks progressive approaches to:

• Advanced building design

• Industrialized construction techniques, including cold-formed steel, if appropriate

• Inclusion of state of the art technology

• Building flexibility/adaptability

• 21st Century Learning environment fundamentals

• Safety and security

• Classroom/extended learning/learning commons.

• Health, wellness and sustainability

• Teaching methods and practices

3. Additional scope of work includes site improvements, which may include but are not limited to:

a. Appropriate drainage and stormwater management systems

b. Conversion of the existing softball field into a replacement practice field

c. Expansion of the existing bus drop-off/pick-up area to accommodate additional buses

d. Addition of small parking areas along the Fahnstock Street frontage, where possible

e. Evaluation of the existing parking lot north of Washington Street for opportunities to improve access and circulation patterns, especially in the faculty/staff parking

f. Exterior walkways and canopies

g. Site lighting

h. Site signage

i. Underground utilities

j. Landscaping and irrigation

4. Challenges at the Eustis High School Main Campus include:

a. The site area is small and surrounded by a historic and built-out neighborhood; space for construction is limited

b. Occupied campus – although the 9th grade students will remain at the existing Curtright

Center for the duration of construction

c. A historic campus, with the original building dating to the 1930s, with modernizations and additions as recent as 2003.

d. Portable classrooms that are required for the population, but will need to be removed after the addition is constructed; the design and logistics plan will need to ensure that a pathway for removing the portables is left open

5. Design Approach may include, but is not limited to the following:

a. Existing Facilities Measurements and Testing

b. Life Cycle Cost Analyses and Energy Modeling

c. Civil Design

d. Structural Design

e. Landscape Design

f. Interior Design

g. Food Service Design

h. Fire Protection Design

i. Building/Systems Commissioning

j. Record Drawings

k. Theatrical Lighting & Sound Design (if applicable)

l. Acoustical Design

m. Traffic Signal Design (if required)

n. Off-site Road or Utilities Improvement Design (if required)

o. Furniture & Equipment Plans

p. Furniture & Equipment Specifications

q. Documentation and Services

6. The project will be located at the existing Eustis High School campus (Lake County Alt Keys #1427169 and 2866837). The campus will be occupied during the time of construction, however, the 9th grade students and several special programs will be located at the existing 9th grade center (aka the Curtright Center), so additional portable classrooms and phasing of capacity to accommodate construction is not expected to be required.

• Tentative Start Date for Design: Upon Board approval; expected March, 2025

• Tentative Completion: July 2027

7. In addition to the design professional services, the selected vendor will work closely with the project’s Construction Manager (CM) to ensure integrity of the architectural design submitted.

The selected vendor will also be tasked with providing a life cycle cost analysis of alternatives designs.

8. It is the intention of the School Board to negotiate a professional services fee based upon the above scope incorporating the specifications listed herein.

D. SELECTION PROCESS

1. All Proposals received by the specified deadline will publicly be discussed and scored based on the solicitation’s evaluation criteria as stated in E. EVALUATION CRITERIA.

2. Price will not be considered at any time during the evaluation process for the requested services.

3. After the initial scoring, Procurement Services will short-list the top scoring three (3) vendors and invite them to a presentation before Lake County Schools Board in a Workshop Board session.

However, Procurement Services reserves the right to short-list the top five (5) scoring vendors for presentation before Lake County Schools Board in a Workshop Board session.

4. Based on the presentations and Lake County Schools Board direction, Lake County Schools Superintendent will make the final recommendation for selection and present to the Board for final approval.

5. Tie Bids (for the purposes of #3 and #4 above)

In the event of tie bids, Procurement Services will:

• Remove the lowest-ranked vendors and then adjust the rankings based on the hierarchy of each member of the evaluation team to determine the highest rank.

• If this still results in a tie, then a coin flip or drawing straws (in case of a 3-way tie) will determine the final ranking.

6. Local Florida Vendor Preference

Per Chapter 287 of the Florida Statute, Section 287.084 (1)(a), Preference to Florida Business:

When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

This local vendor preference shall not apply to any contracts funded in whole or in part with federal or state funds which do not allow the use of local preferences, or any other contracts which are statutorily or otherwise precluded from the use of local preferences during the evaluation process.

7. The School Board reserves the right to waive minor irregularities or technicalities in proposals, and in its sole discretion, request a clarification regarding a proposal(s), providing such action is in the best interest of the School Board. Minor irregularities are defined as those that have no adverse effect on the School Board’s best interests and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.

8. The School Board reserves the right to select the proposal which in its sole judgment best meets the needs of the School District. The final selection of a vendor by the Board, shall be based on any information and criteria the Evaluation Committee and Board consider relevant, which may include criteria not listed in E. EVALUATION CRITERIA.

9. All vendors responding to this solicitation will be notified of their selection or non-selection in writing.

10. The School Board representative will notify the proposers in writing of the date the award recommendation is placed on the Boards’ agenda.

11. The School Board employees will not participate in the selection process when those employees have a relationship with a person or business entity submitting a Proposal. Any person or business entity submitting a proposal who has such a relationship with a LCS School District employee who may be involved in the selection process shall advise Procurement Services of the name of the employee in the proposal.

12. Any person or business entity which engages in practices which might result in unlawful activity relating to the selection process including, but not limited to, kickbacks or other unlawful consideration paid to LCS employees, will be disqualified from the selection process.

13. The process, procedures and evaluation criteria used by LCS in developing and issuing this solicitation and evaluating the proposals received for purposes of making a recommendation to the Board shall be determined in the sole discretion of the School District. Potential proposers shall have no rights whatsoever regarding the processes and procedures used by LCS relating to this solicitation or the manner in which a proposer is selected by the Board, provided their decisions are not arbitrary and capricious, and there is some reasonable basis for the selection(s) made.

E. EVALUATION CRITERIA

Timely submitted responsive proposals will be evaluated by an Evaluation Committee of the District.

The Evaluation Committee members will individually score each proposal using the criteria below.

Only proposals that meet the compliance requirements will be evaluated.

Evaluation Criteria Possible Points Tab 2 – Related Building Experience and References 30 Tab 3 – Qualifications of Proposed Team 25 Tab 4 – Design Approach 20 Tab 5 – Current and Projected Workload 15 Tab 6 – Willingness to Meet Time & Budget Requirements 3 Tab 7 – Certified Minority Firm 2 Tab 8 – Distance to District Office Up to 5 points Tab 9 – Confidential Financials Pass/Fail

TOTAL POINTS 100

F. PROPOSAL FORMAT AND CONTENT

In order to ease comparability and enhance the review process, it is requested that proposals be organized in the manner specified below. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Responsive proposals should provide straightforward, concise information that satisfies the requirements noted above. Emphasis should be placed on skills and experience that respond to the needs of the School Board, the requirements of this solicitation, and completeness and clarity of content.

Tab 1 – Respondent’s Introductory Letter (Non-Scored)

RFQ Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business. A brief profile of the respondent, including:

A. A brief history of the business B. Organizational structure of business C. Ownership interests D. Active business venues (counties, states, etc.)

E. Present status and projected direction of business F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming respondent’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). For non- Florida businesses, submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the State of Florida.

Tab 2 – Related Building Experience and References (30 points)

The Committee will evaluate successful completion of previous projects comparable in design, scope, and complexity. Consideration will be given to respondents with the ability to show similar projects, with school districts of similar size and scope, recent, current and future workload, past performance and the ability to bring in a project on-time and on budget. Vendors should include:

A. A list of no more than five (5) projects similar in scope and size that best illustrate the experience of the respondent and current staff which is being assigned to this project. These projects shall not be more than ten (10) years old. At a minimum, each project shall include:

o A letter of reference.

o Project value and square footage.

o Start and completion dates of the project.

o Whether or not the project was completed on schedule.

o Whether or not the project was on budget.

o The name of key persons assigned to the project and their role.

B. Litigation: Submit all litigation of any kind involving firm, its officers or directors with a project owner where the total amount in controversy exceeds $100,000 within the last five years. If the Firm is a joint venture or partnership submit litigation involving all firms comprising the submitting entity. State the court and location of the litigation.

C. Claims: Submit all Errors & Omissions and/or Professional Liability claims filed against the firms’ policy in the last two years from the proposal submittal date. The information should include amount and nature of the claim(s).

Tab 3 – Qualifications of Proposed Team (25 points)

Vendors shall provide resumes of key persons to be assigned to the Project including, but not limited to, the following:

A. Name and title.

B. Job assignment for other projects.

C. How many years with this firm. For sub-consultants, list prior projects your firm has worked with sub-consultant.

D. How many years with other firms.

E. Experience including types of projects, size of projects (dollar value and square footage of project), and specific project involvement.

F. Education.

G. Active registrations (if any).

H. If submitting as a joint venture or partnership, include the assigned staff for the joint venture or partnership and indicate which of the joint ventures or partners employs the staff member.

The School Board reserves the right to consider the years of experience of the Respondent’s Owner, President, Director, or Lead that would be assigned to the District in lieu of the respondent itself having been established for five years.

Tab 4 – Design Approach (20 points)

In no more than four (4) pages, describe your design approach philosophy, focusing on Phase I of the requested services, as it relates to your understanding of:

A. Knowledge of the Site and Local Conditions B. Local Area Demographics C. the interrelationship of all parties involved, including the role of the selected Construction

Manager

Tab 5 – Current and Projected Workload (15 points)

As part of the evaluation criteria, the Committee will review the firms and their sub-consultants current workload. If the submitting firm is a joint venture, the Committee will review the current workload of each of the firms comprising the submitting entity.

A. Firms and their sub-consultants shall provide a list of outstanding projects, client names, status of completion, anticipated completion date, original contract amount, remaining contract balance, and overall workload with all owners including LCSB. Furthermore, if the submitting firm is a joint venture they shall also include projects for each firm comprising the joint venture.

B. Definition of sub-consultant as it relates to this selection process: An individual and/or firm contracted or to be contracted by the submitting entity to provide services related to or part of those which will be required as part of this selection process.

Tab 6 – Willingness to Meet Time & Budget Requirements (3 points)

A. Include a proposed timeline for the design and construction procedure by the tentative completion date of July, 2027.

B. This project has limited budgeted funds, therefore cost controls will be important. Please provide methodologies that can be utilized to assure a maximized project within and preferably under budget.

Tab 7 - Certified Minority Firm (2 points)

Vendors must include a State of Florida issued certificate documenting their minority firm status to receive the allocated points for this criterion.

Tab 8 – Distance to District Office (up to 5 points)

In order to receive the location points for the office proposed to perform the majority of the work for this project the proposing firm must have had that office established for one (1) or more years, and staffed with at least one (1) full-time employee during that time period. Indicate below the office where the majority of the work will be performed, including the address and number of years at that location and the number of full time staff. Google Maps (https://www.google.com/maps) shall be utilized to assess distance. A Google Maps printout must be attached to validate distance to site as shown below:

Points Assigned

Distance from 201 W. Burleigh Blvd

Tavares, FL 32778

5 If office is within Lake County Florida

4 0 – 50 miles outside of Lake County, Florida

3 51 - 76 miles

2 77 – 102 miles

1 103 – 128 miles

0 129 or more miles

Location of office where majority of work will be performed:

County: __________________________________

Address: _________________________________

Distance from 201 W. Burleigh Blvd.: __________

Date office established: ______________

Number of full time staff: _____

Tab 9 – Confidential Financials (Pass/Fail) https://www.google.com/maps

(PLEASE MARK TAB 9 CONFIDENTIAL- and Upload Separately)

Please include your Financial Statement for the firm and/or its equity participants, indicate Working Capital Ratio, Profitability, and Return on Assets Ratio. Include a copy of their most current audited financial statement. If the Firm is a joint venture or partnership all firms comprising the submitting entity will be required to submit the previously requested documentation.

The District will evaluate whether the firm has sufficiently demonstrated that they have the necessary financial resources to provide the services, their capabilities to control costs and their history of working proactively to avoid litigation with Owners.

Tab 10 - Licenses (Non-Scored)

Proposers shall obtain and pay for all necessary licenses, permits, and related documents, required to comply with the proposal. Vendor shall save and hold harmless the district as a result of any infraction of the aforementioned. Proposers must be licensed Architects within the State of Florida at the time of proposal submission.

Tab 11 - Required Attachments (Non-Scored)

The following items, while not assigned points in the Initial Screening process, must be included in order for the proposal to be considered. Failure to provide may result in rejection of proposal.

Attachment A: Statement Acknowledgement Form Attachment B: Federal Debarment Form Attachment C: Public Entity Crimes Affidavit Attachment D: Non-Collusion Affidavit Attachment E: Conflict of Interest Statement Attachment F: Draft Agreement Acknowledgement Statement Attachment G: Location Table Exhibit A Draft: Agreement for Design Professional Services

G. GENERAL TERMS AND CONDITIONS

1. SOLICITATION CAVEAT: The issuance of this solicitation does not constitute an award commitment on the part of LCS, and the District shall not pay for costs incurred in the preparation or submission of Proposals. LCS reserves the right to reject any or all proposals or portions thereof if LCS determines that it is in its best interest to do so.

Failure to furnish all information requested or to follow the format requested herein, or the submission of false information, may disqualify the proposer, in the sole discretion of LCS. LCS may waive any deviation in a proposal. LCS’s waiver of a deviation shall in no way modify the solicitation requirements nor excuse the successful proposer from full compliance with any resultant agreement requirements or obligations.

2. TIME: Time and the time limits stated in this document are of the essence of this solicitation.

3. AWARD: One contract will be recommended for award to the vendor deemed the most responsive and responsible who achieves the highest points through the proposal evaluation process as outlined later in this document under the Method of Evaluation section. In addition, the School Board at its sole discretion, reserves the right to cancel this solicitation, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the School Board to do so. LCSB reserves the right to negotiate with the highest ranked proposer regarding proposal scope, quality, price and any other issues it considers relevant to successful performance of the services. If an agreement cannot be reached with the highest ranked proposer, LCSB reserves the right to negotiate and recommend award to the next highest proposer or subsequent proposers until an agreement is reached.

4. AGREEMENT FOR PROFESSIONAL SERVICES: The School Board reserves the right to negotiate price and contract terms and conditions with the most qualified proposer to provide the requested service as described in this solicitation. If a mutually beneficial agreement with the highest ranked vendor is not reached within 45 calendar days of the award, the School Board reserves the right to enter into contract negotiations with the next highest ranked proposer and continue this process until agreement is reached.

No agreement with the School Board is in effect until a contract has been signed by both parties.

Attached to this solicitation as Exhibit "A" is the standard Agreement for Professional Services which are in substantially the form the successful proposer will be expected to sign. The final agreement may include the contents of the solicitation, any addenda to this solicitation, portions of the successful proposer's proposal and any other modifications determined by the School Board to be necessary prior to its execution by the parties.

Until such time as the Evaluation Committee has completed its deliberative process and the matter has been set for consideration before the School Board, the agreement and all documents and materials relating thereto, the negotiation and execution thereof, including, without limitation, the existence of the Agreement and the negotiations taking place between the parties, shall be confidential.

The standard Agreement for Professional Services included in this solicitation is for informational purposes and should not be returned with the proposal; however, the proposal shall include a statement that the vendor has reviewed the standard Agreement for Professional Services and either i) will agree to and accept the master terms and conditions contained therein if selected, or ii) indicate those specific provisions of the standard Agreement for Professional Services to which the proposer takes exception and why. Raising of significant exceptions in a proposal, as determined in the sole discretion of the School Board, may be cause for rejection of the vendor’s proposal.

5. PROTEST: Any person who is affected adversely by the decision or intended decision shall file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest.

With respect to a protest of the specification contained in an invitation to bid or in a request for proposal, the notice of protest shall be filed in writing within 72 hours after the receipt of the project plans and specification or intended project plans and specification in an invitation to bid or request for proposal (but no later than the time when the bids or responses must be received in order to be considered), and the formal writing protest shall be filed within 10 calendar days after the date the notice of protest is filed. The 72 hours period referred to herein shall not include Saturday, Sundays, or holidays. The work “holiday” shall mean any weekday on which the School Board’s Administrative Offices are closed. Failure to file a timely formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

The formal written protest shall state with particularity the facts and law upon which protest is based. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.7(3)(b), shall post at the time of filing the formal written protest, a bond payable to the School Board of Lake County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, certified bank check, bank certified company check, or money order will be an acceptable form of security.

If after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all cost and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the District all costs and charges which shall be include in the final order of judgment, excluding attorney’s fees.

Upon receipt of the formal written protest and protest bond which has been timely filed, the District shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final District action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

6. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with

Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met.

Lake County Schools, FL does not discriminate on the basis of race, religion, color, national origin, gender, genetic information, age, disability or marital status in its educational programs, services or activities, or in its hiring or employment practices. The district also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act. Questions, complaints, or requests for additional information regarding discrimination or harassment may be sent to:

David Meyers

Manager Employee Relations Lake County Schools

Phone: 352-253-6519 Fax: 352-253-6545

Meyersd@lake.k12.fl.us

An entity or affiliate who has been placed on the discriminatory vendor list, a list published by the State of Florida, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

7. PUBLIC ENTITY CRIMES DISCLOSURE: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

8. DRUG-FREE WORKPLACE: Whenever two or more RFQs are equal with respect to price, quality, and service, a RFQ received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at an additional cost prior to working on the School Board account.

mailto:Meyersd@lake.k12.fl.us

9. DAVIS-BACON ACT (34 CFR 80.36(i) (4)) (Where Applicable): All construction contractors and subcontractors must comply with the Davis- Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation. Applies to all construction contracts in excess of $2000 awarded by the District and sub-grantees when required by Federal grant program legislation).

10. SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN: Pursuant to Section 287.135, Florida

Statue, the bidder, by affixing its signature to this bid, certifies that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. At the option of the Lake County School Board, a contract is subject to termination if the vendor is found to have submitted a false certification as provide in Section 287.135(5) or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

11. EQUAL EMPLOYMENT OPPORTUNITY (Where Applicable): Except as otherwise provided under

41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Where Applicable): All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

13. CLEAN AIR AND WATER POLLUTION ACTS (Where Applicable): Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

14. DEBARMENT AND SUSPENSION (Where Applicable): SFAs must obtain satisfaction that an FSMC is neither excluded nor disqualified before doing business with the FSMC. The uniform Federal suspension/debarment certification has been abolished and the collection of paper certifications is no longer mandatory. Current rules provide greater flexibility in meeting requirements. An SFA may meet the requirements by any one of three methods. They are:

A. Checking the Excluded Parties List System. This is available on the internet at https://www.sam.gov/ B. Collecting a certification that the contractor is neither excluded nor disqualified. Since a

Federal certification form is no longer available, an entity electing this method must devise its own certification.

C. Including a clause to this effect in the solicitation/contract.

Example language: The prospective bidder certifies, by submission and signature of this bid, that the bidder complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, part 85, as defined at the 34 CFR part 85, sections 85.105 and 85.110-(ed80-0013).

A. The prospective lower tier ($25,000) participant certifies, by submission and of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this bid.

15. BYRD ANTI-LOBBYING AMENDMENT (Where Applicable: Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

16. FUNDING AGREEMENT (RIGHTS TO INVENTIONS) (Where Applicable): Rights to Inventions made under a contract or agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

https://www.sam.gov/

17. ENERGY POLICY AND CONSERVATION ACT (Where Applicable): Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

18. RECOVERED MATERIALS (Where Applicable): A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

19. CONTINGENT FEE PROHIBITED: The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not pay a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

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

20. PAYMENT TERMS: Respondent shall state on the Proposal Price Sheet the Terms and Conditions it will accept for a payment discount. (i.e.: 2% net 30 days, upon receipt of invoice). The district shall not pay Federal Excise and State taxes on direct purchases of tangible personal property.

This exemption does not apply to purchases of tangible personal property made by respondents who use the tangible personal property in the performance of contracts for the improvement of School Board-owned real…