Mod 1 RFP FRCC-15-21-B.doc

Mod #1 Update meeting location

State of Colorado

Front Range Community College

Request for Proposal

Lighting Upgrade Boulder County Campus

Boulder County Campus (BCC) Facilities

RFP #FRCC-15-21-B

RFP Release Date: Date published

Proposal Due Date: March 20, 2015 2:00 PM M.S.T Front Range Community College

3645 West 112th Avenue

Purchasing Office, Room C2001 Westminster, Colorado 80031-2105 Telephone Number: 303-404-5510

Attention: Bryant Heberlein, Purchasing Coordinator

Email: Purchasing@frontrange.edu

FRONT RANGE COMMUNITY COLLEGE

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

REQUEST FOR PROPOSAL COVER PAGE

SECTION 1 – BACKGROUND, OVERVIEW & GOALS

SECTION 2 – ADMINISTRATIVE INFORMATION

SECTION 3 – STATEMENT OF WORK

SECTION 4 – ADDITIONAL REQUIREMENTS

SECTION 5 – RESPONSE FORMAT

SECTION 6 – EVALUATION PROCESS AND CRITERIA

SECTION 7 – CONTRACT/SPECIAL PROVISIONS

SECTION 8 – PRICE SHEET

The following documents may be downloaded from:

http://ftps.frontrange.edu/constdocs A. Assignable Area Plans, Buildings A & C, six (6) sheets

B. BCC Electrical Utilities 2012-2014, spreadsheet – four (4) tabs

C. Diagrams: Emergency Overhead Lighting, two (2) sheets

D. BCC T12 and T8 Fixture Count, spreadsheet – four (4) tabs

FRONT RANGE COMMUNITY COLLEGE

REQUEST FOR PROPOSAL

COVER PAGE

SEALED RESPONSES MUST BE MAILED OR DELIVERED TO:

FRONT RANGE COMMUNITY COLLEGE

PURCHASING DEPARTMENT, ROOM C2001

3645 WEST 112TH AVENUE

WESTMINSTER, COLORADO 80031-2105

DESCRIPTION:

Lighting Upgrade Boulder County Campus

BIDDER MUST SUBMIT ONE (1) ELECTRONIC COPY (USB DRIVE OR CD/DVD) OF THE PROPOSAL.

THE PROPOSAL MUST BE SEALED AND INCLUDE ALL REQUIRED INFORMATION. EMAILED PROPOSALS WILL NOT BE ACCEPTED.

THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED WITH YOUR PROPOSAL.

F.E.I.N. (Required):

Terms (Must be at Least NET 45 days):

Signature:

Typed/Printed Name of Authorized Representative:

Company Name:

Address:

City:

State:

Zip Code:

Phone:

Toll Free Phone:

Fax:

No

No

*Ownership means actively daily management in the organization and an ownership interest greater than fifty percent.

IMPORTANT: SOLICITATION NUMBER, OPENING DATE AND TIME, AND VENDOR NAME MUST BE PRINTED ON THE OUTSIDE OF THE RFP SUBMITTAL ENVELOPE.

Please be advised that telegraphic or electronic responses (Fax, Western Union, Telex, etc.) CANNOT BE ACCEPTED as a sealed proposal. Vendors are urged to read these documents thoroughly before submitting a response.

Response must be signed by a representative of the vendor who is legally authorized to bind the vendor to the proposal.

Vendors are required to adhere to the State of Colorado Terms and Conditions. For a copy call the Purchasing Department at (303) 404-5510. Award is contingent upon vendor’s compliance with C.R.S 8-17.5-101 et seq and 24-76.5-101 et seq regarding employment of illegal aliens. For a copy call the Purchasing Department at 303-404-5510.

Vendors must be registered with the State of Colorado CORE website prior to RFP due date. Call 303-894-2039 or visit the Internet at http://core.state.co.us/vendor-self-service to register.

THIS PAGE MUST BE SUBMITTED WITH PROPOSAL

SECTION 1

BACKGROUND, OVERVIEW & GOALS

Front Range Community College is seeking a vendor to work with to accomplish a lighting upgrade at their Boulder County Campus (BCC). This campus is located in leased premises in the vicinity of the Diagonal Highway (119) and 95th Street in Longmont. The street address is: 2190 Miller Drive, Longmont, CO 80501. The premises are divided into 3 separate buildings with the work targeted to the “C” (classroom) and “A” (administration) buildings with approximately 117,000 SF. The campus has spent an average of over $119,000 in utility charges for electrical service for the years 2012-2014. The successful vendor will provide FRCC with data noting the savings that can be realized in electrical utilities as a result of the work performed in this contract. See Section 3, Statement of Work.

SECTION 2

ADMINISTRATIVE INFORMATION

2.1 Issuing Office

This Request for Proposal (RFP) is issued through the College’s Purchasing Department. The Purchasing Department is the sole point of contact concerning this RFP.

2.2 Official Means of Communication

During the solicitation process for this RFP, all official communication between the Purchasing Department and prospective vendors will be via postings on the Colorado Bid Information and Distribution System (BIDS). The Purchasing Department will post notices that will include, but are not limited to, modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning vendor. It is incumbent upon vendors to monitor BIDS carefully and regularly for any such postings.

2.3 Statement of Purpose

The term “Request for Proposal” means a solicitation of a formal sealed proposal, following submission of which, changes in proposals and/or prices are allowed; and the offer deemed by the College to be the most advantageous for the College in terms of criteria, as designated in the RFP, is accepted. This RFP provides prospective vendors with sufficient information to enable them to prepare and submit proposals for consideration by the College to achieve the goals of this RFP.

2.4 Scope

This RFP contains instructions governing the proposal to be submitted and identifies material to be included therein, mandatory requirements that must be met to be eligible for consideration, and other requirements to be met by each vendor.

2.5 Schedule of Activities

Room A-1222, A building

2190 Miller Drive Longmont, CO 80501

2.6 Inquiries

Vendors may make written or fax inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in Section 2.5, Schedule of Activities. Send all inquiries to:

Front Range Community College

Attn: Purchasing Coordinator

RFP# FRCC-15-21-B

Room C2001, Campus Box 15

3645 West 112th Avenue

Westminster, Colorado 80031-2105 The only official response to a vendor's inquiries is those responses that are published as a modification on the CORE system. Vendors should not rely on any other statements that alter any specification or other term or condition of this RFP.

2.7 Mandatory Pre-Proposal Conference

February 24, 2015 2:00pm at Room A-1222, A building

2190 Miller Drive, Longmont CO, 80501 2.8 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by a vendor prior to the established due date and time.

2.9 Proposal Submission

Proposals must be received on or before the date and time indicated in Section 2.5, Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the vendor to ensure that the College receives the proposal on or before the proposal opening date and time. Vendors mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. The proposal package must be delivered to:

Front Range Community College

ATTN: Purchasing Coordinator Room C2001, Campus Box 15

3645 West 112th Avenue

Westminster, Colorado 80031-2105 The Request for Proposal cover page MUST be signed in ink by the vendor or an officer of the vendor legally authorized to bind the vendor to the proposal. The signed cover page must be included with the proposal copy that is marked ORIGINAL. Proposals which are determined to be at a variance with this requirement may not be accepted. Proposals must be submitted and sealed in a package. The outer envelope of the package must show the following information:

VENDOR’S NAME

RFP-NO.

PROPOSAL DUE DATE AND TIME

2.10 Addendum or Supplement to Request for Proposals

In the event that it becomes necessary to revise any part of this RFP, an addendum notice will be sent via the CORE system.

2.11 Oral Presentations/Site Visits

College may in its sole discretion request vendors make an oral presentation. Such presentations will be at the vendor's expense.

2.12 Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the vendor or an officer of the vendor legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the vendor of all terms and conditions including compensation as set forth herein. A vendor shall identify clearly and thoroughly any variations between its proposal and this RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

2.13 Protested Solicitations and Awards

Any actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the College’s Purchasing Department. The protest shall be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto (emphasis added). Ref. Section 24-109, 101 et. seq., CRS, as amended; Section 24-109-101 through R-24-109-206, Colorado Procurement Rules.

With regard to the emphasized language above, it is important for vendors to note that a challenge to the solicitation's requirements or specifications should be made within seven (7) working days of when the protestable item is known. In other words, if you believe that the solicitation contains a requirement you want to protest, the protest should be submitted within the seven (7) working day time period, even if that means it is filed during the time the solicitation is still open.

Announcement of the apparent winning vendor will be made via a posting on the BIDS system. The requirement for timely submission of any protest (seven (7) working days) will begin no later than the first working day following posting of the award notice on CORE.

2.14 Confidential/Proprietary Information

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted by the vendor with the proposal. The vendor must state specifically what elements of the proposal are to be considered confidential/proprietary. All such information must be indicated with the following or similar statement:

“The information contained on pages ________ shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided, that if a contract is awarded to this firm, as a result of the submission of such information, the College shall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction does not limit the right of the College to use the information contained herein if obtained from another source.”

Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. The College will make a written determination as to the apparent validity of any written request for confidentiality. In the event the College does not concur with the vendor's request for confidentiality, the written determination will be sent to the vendor. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

2.15 RFP Response Material Ownership

All material submitted regarding this RFP becomes the property of the College. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

2.16 Proposal Prices

Estimated proposal prices are not acceptable. Proposal prices will be considered to be your best and final offer, unless otherwise stated in the RFP. The proposal price will be a consideration in determining the apparent successful vendor.

2.17 Evaluation and Discussion Process

An evaluation team will judge the merit of proposals received in accordance with the general criteria defined in Section 6. The recommendations of this committee will be forwarded to the Purchasing Coordinator for approval and execution. Failure of a vendor to provide any information requested in this RFP may result in disqualification of the proposal. The sole objective of the evaluation committee will be to recommend the vendor whose proposal is the most responsive to the College’s needs.

The College reserves the right to award on receipt of initial proposals. If award is not made upon receipt of initial proposals, the College will provide vendors remaining in the competitive range with written requests for clarifications/notice of deficiencies in their proposals. Vendors may be provided a date at which oral presentations will be heard. Respondents should not assume that they will be asked to give a presentation Guidelines regarding the oral presentations will be distributed to those vendors remaining in the competitive range.

Vendors may be given an opportunity, after the conclusion of the oral presentations, to submit a best and final offer. Vendors will be informed in writing of the date by which best and final offers are due. Vendors shall make any revisions the College deems necessary to clarify or correct weaknesses in their proposal. The College does not require complete, substantial proposal rewrites. Vendors are cautioned not to make changes in price/cost revisions that are not clearly explained and/or justified in any proposal revision. Vendors assume the risk that proposed revisions be adequately explained so the College understands the nature of the revisions and the risk to the College from unreasonable forecasts of contractor costs.

2.18 Notice of Intent to Award

Upon notice of intent to award, if requested, the vendor may be asked to supply audited financial statements within the requested time frame. This response must include a credit rating by a rating service. Contractor shall also identify the manager that will be responsible for overseeing the complete implementation and management along with complete contact information.

2.19 Award of Contract

Award will be made to the responsible vendor whose proposal, conforming to this RFP, will be the most advantageous to the College, price and other factors considered. A contract (Section 7) must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the College may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the next most responsible vendor.

2.20 Acceptance of Proposal Content

The contents of the proposal of the successful vendor will become contractual obligations if acquisition action ensues. Failure of the successful vendor to accept these obligations in a College contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such vendor may be removed from future solicitations.

2.21 Standard Contract

The College reserves the right to incorporate standard State contract provisions into any contract resulting from this RFP including provisions referenced and the State Special Provisions (Section 7). Certain portions of the contract may be edited or adjusted to reflect the actual award given a particular vendor.

2.21.1 Order of Precedence

In the event of any conflict or inconsistency between terms of this RFP and the vendor’s proposal, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to the RFP, and last to the vendor’s proposal.

2.21.2 Vendor Proposed Terms and Conditions

Except as specified in the vendor’s proposal, the submission of the vendor’s proposal will indicate its acceptance of these terms and conditions. Vendor must disclose in their proposal terms and conditions or required clarifications of terms and conditions consistent with these instructions. The College reserves the right to clarify terms and conditions not having an appreciable affect on quality, price/cost, risk, or delivery schedule during post-award formalization of the contract. Include payment terms and conditions.

2.22 RFP Cancellation

The College reserves the right to cancel this entire RFP or individual phases at any time, without penalty.

2.23 State Ownership of Contract Products/Services

Proposals, upon established opening time, become the property of the College. All products/services produced in response to the contract resulting from this RFP will be the sole property of the College, unless otherwise noted in the RFP. The contents of the successful vendor's proposal will become contractual obligations.

2.24 Incurring Costs

The College is not liable for any cost incurred by vendors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

2.25 Non-Discrimination

The vendor shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

2.26 Rejection of Proposal

The College reserves the right to reject any and all proposals, waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed if deemed in the best interest of the College.

2.27 Parent Company

If a vendor is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number of the vendor responding to the RFP must also be provided.

2.28 News Releases

News releases pertaining to this RFP shall NOT be made without the prior written approval of the College.

2.29 Contract Cancellation

The College reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the contractor.

2.30 Certification of Independent Price

2.30.1 Certification

By submission of this proposal vendor certifies that in connection with this procurement:

(a) The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor;

(b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the vendor and will not knowingly be disclosed by the vendor prior to opening, directly or indirectly to any other vendor or to any competitor; and,

(c) No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2.30.2 Individual Certification

Each person signing the Invitation for Bid form of this proposal certifies that:

(a) He is the person in the vendor's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to 2.30.1(a) through 2.30.1(c) above; or,

(b) He is not the person in the vendor's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 2.30.1(a) through 2.30.1(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to 2.30.1(a) through 2.30.1(c) above.

2.30.3 Proposal Not Considered For Award Conditions

A proposal will not be considered for award where 2.30.1(a), 2.30.1(c), or 2.30.2 above has been deleted or modified. Where 2.30.1(b) above has been deleted or modified, the proposal will not be considered for award unless the vendor furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

2.31 Conflicts of Interest

The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable to the people of the State of Colorado. Rules of conduct for public officers and State employees:

1.

Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the individual has breached his fiduciary duty.

2.

A public officer or a State employee shall not:

a. Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties; or,

b. Assist any person for a fee or other compensation in obtaining any contract, claim licenses, or other economic benefit for his agency; or, c.

Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any State agency; or, d.

Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he has a substantial financial interest.

3.

A head of a principle department or a member of a quasi-judicial or rule-making agency may perform an official act not withstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110, C.R.S.

4.

Paragraph (c) of subsection (2) of this section does not apply to a member of a board, commission, council, or committee if he complies with the voluntary disclosure procedures under section 24-18-110, C.R.S. and if he is not a full-time State employee. Ref. section 24-18-108, C.R.S. as amended.

2.32 Taxes

The College, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all state and local government use taxes (Ref. Colorado Revised Statutes Chapter 39-26.114(a)). Our Colorado State and Local Sales Tax Exemption Number is 98-02565-0000.

2.33 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

2.34 Availability of Funds

Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the State of Colorado.

2.35 Insurance

If the RFP so states, the contractor shall procure, at its own expense, and maintain for the duration of the contract, the following insurance coverages; the State shall be issued certificates as an additional insured.

· Standard Workers' Compensation and Employer Liability as required by state statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment.

· Commercial General and/or Personal Injury and/or Professional and/or Automobile Liability – (including bodily injury, personal injury and property damage) with the following minimum coverage, depending on the policy format:

1. Occurrence basis policy – combined single limit of $1,000,000.

2. Annual Aggregate limit policy – not less than $1 million plus agreement that vendor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below $600,000.

3. Claims-Made policy – Combined single limit of $600,000, plus an endorsement that extends coverage two years beyond the policy expiration date.

· Other Insurance – Vendor shall provide such other insurance as may be required by law, or in a specific solicitation.

Additional Insured

The State of Colorado shall be named as an additional insured on all liability policies.

Cancellation Prevention

The insurance shall include a provision preventing cancellation without a 45 calendar day prior written notice to the State by certified mail.

Insurance Documentation

Vendor shall provide the following documentation to the College within seven (7) working days of a request therefore, unless otherwise provided:

1. Certificates of adequate insurance coverage, each with a reference to the State being named as an additional insured, or,

2. Certificates of adequate insurance coverage and an endorsement of additional insured coverage.

2.36 Indemnification

To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor or its employees, agents, or subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP.

2.37 Use of RFP and State Seal

The successful vendor will not use any information received as a result of this contract for promoting any programs designed to provide service to State employees or College students without specific, written authorization from the College’s President. Further, the successful vendor will not conduct a program designed for the College or take advantage of the fact that they are the successful vendor for these services without the specific written authorization from the College’s President. No vendor shall use the State of Colorado Seal on any materials or for any materials or for any reason without the specific, written authorization of the Secretary of State’s Office.

2.38 Bonds

N/A.

2.39 Independent Contractor Clause

All personal service contracts must contain the following clause:

“THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS."

2.40 Venue

The laws of the State of Colorado shall govern in connection with the formation, performance and the legal enforcement of any resulting contract. Further, Title 24, C.R.S. as amended, Article 101 through 112, and Rules adopted to implement the statutes govern this procurement.

2.41 Contractual Obligation

Nothing contained herein creates any contractual relationship between the College and the contractor, subcontractor, or supplier. However, bidding statements contained in the response of the successful contractor will become part of the contract for the product and services.

If after award of the contract, the contractor becomes aware of possible problems which could result in delay of schedule, the contractor must immediately notify the College by phone (confirmation to be in writing, giving the cause, probable effect, and recommendations for alternative actions).

Nothing in the above item will be interpreted as relieving the contractor of the contractual responsibilities; however, failure to promptly notify will be basis for determining contractor negligence in an otherwise excusable delay.

2.42 Limited Competition Because of the limited competition expected from registered BIDS vendors on this solicitation, the College intends to use both BIDS and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, responses submitted by non-registered vendors will not be opened or considered (except as necessary to determine BIDS registration status) unless, after examination of responses submitted by BIDS registered vendors, it is determined that there is not adequate competition among BIDS registered vendors. If adequate competition exists among registered vendors, responses from non-registered vendors will not be considered. A vendor is considered registered if its registration and payment is received in the State Purchasing Office prior to the bid opening time or the due date for receipt of proposals. If a non-registered vendor is determined to be entitled to award, that vendor must register on BIDS before the commitment voucher can be issued. By submitting a response to the solicitation, the vendor agrees to register for BIDS and pay the applicable fee as a condition of award. If the vendor does not do so in a timely manner, the agency may cancel the award and select another vendor.

2.43 Award Period

The College shall award this RFP to one vendor and shall cover the period from the date the contract is signed through June 30, 2015). The College shall have the option to renew the award for four (4) additional one-year terms at rates mutually agreeable to both the awarded vendor and College. The maximum total contract term shall not exceed five (5) years.

SECTION 3

STATEMENT OF WORK

1. Project Description

a. Front Range Community College is seeking a vendor to work with to accomplish a lighting upgrade at their Boulder County Campus.

b. Location: This campus is located in leased premises in the vicinity of the Diagonal Highway (119) and 95th Street in Longmont. The street address is: 2190 Miller Drive, Longmont, CO 80501

c. Area: The premises are divided into 3 separate buildings with the work targeted to the “C” (classroom) and “A” (administration) buildings with approximately 117,000 SF. See attachment A for additional detail of project area.

d. Energy Savings: The BCC has spent an average of over $119,000 in utility charges for electrical service for the years 2012-2014. The successful vendor will provide FRCC with data noting the savings that can be realized in electrical utilities as a result of the work performed in this contract. See attachment B for detail of electrical utility charges.

e. Prioritization

i. First priority: replace all T-12 lamps

ii. Second priority: provide and install new frog-eye emergency lights and replace existing exit lights with new exit/frog-eye combinations as indicated

iii. Third priority: replace T-8 lamps

iv. Locations for new twin lamp frog eye fixtures and exit/frog-eye replacement fixtures are diagrammed in attachment C.

f. Basis of Proposal: first and second priority scope. Provide unit cost figures for third priority scope.

g. A preliminary inventory of both the T12 and T8 fixtures currently in Buildings C and A can be found in attachment D.

2. Hours

a. Work to be performed during school breaks or evenings (4:00 – 11:00 PM) or weekends

b. No work during normal business (class) hours

c. All work must be within periods agreed upon in advance with FRCC Contact.

3. 2015 Academic Schedule for BCC

a. Can be found on FRCC’s website at: http://www.frontrange.edu/calendars-and-events

4. Contacts: On-site: Tommy H. Moss, Acting Facilities Director, 970-214-3637; Off-site: Julia Fitzpatrick, Managing Architect, 303-404-5015 with email preferred Julia.fitzpatrick@frontrange.edu; Campus Security: Jim Bunt, Supervisor, Campus Security and Preparedness, (303) 678-3911.

5. Rebates

a. Platte Valley Power Authority

i. Lighten Up Rebate in partnership with Longmont Power

b. Vendor is to complete and submit all rebate paperwork on behalf of FRCC

6. Performance

a. A State of Colorado Contractors Agreement SC-6.21 (Rev. 01/2014) and General Conditions of the Contract SC-6.23 (Rev. 01/2014) will be the basis of the contract between FRCC and successful vendor.

i. Forms can be found at: https://www.colorado.gov/pacific/osa/formscont

ii. Contract terms cannot be modified, vendor to review and agree to terms prior to submittal of response

b. Assumes use of light-emitting diode (LED) lamps

c. UL Listed assemblies required

d. Lighting design for new/reused light fixtures to be in accordance with the Illuminating Engineering Society of North America (IES) recommended lumens for each room classification

i. Contractor to engage the services of a Lighting Engineer to provide certification of lumen levels

e. Lighting color to be designed for mid-range of “natural light” spectrum

f. Provide minimum of 4-year lamp guaranty

i. Schedule a 47 month walk-through of work area with FRCC and replace any non-performing lamps

g. Provide occupancy sensors in rooms as indicated

7. Work Requirements

a. Electrical work to be permitted via the City of Longmont

b. Must field verify lighting layout and current conditions

i. A listing prepared by FRCC noting room, fixture numbers, lamp count, lens type, occupancy sensor (OP), and room classification has been provided for your use as the starting point for your verification

c. Clean all light fixtures and lenses on existing fixtures during relamping

d. Remove from site all packaging and debris from work

e. Revising of current switching, with exception of occupancy sensors where called out, is not part of the scope

f. Staging and storage on site is extremely limited

i. Work with FRCC’s on-site contact to determine what can be accommodated

ii. Plan that materials and supplies are delivered “just in time” for install during each work period

g. As work is “off hours”, contractors can park in FRCC designated parking

h. Provide FRCC Contact with “as built” plan noting all work performed and provide two (2) sets of Operations and Maintenance Manuals at the completion of work

i. Provide separate Warranty document defining covered work, warranty period, contact for person who will perform warranty repairs, and define date for 47 month warranty walk.

8. RFP Response

a. Identify name of firm and key contact that will be the prime vendor and note any sub-contractors that will have a significant role in performing the work

b. Identify name of firm and key contact that will provide the Lighting Engineer services note above

c. Identify model and manufacture for all lighting products proposed for use in the work

i. Provide manufacture’s technical brochure for each product

ii. Clearly identify alternative products, if included, and provide technical brochure

d. Identify cost for Basis of Proposal as noted above

e. Identify unit costs for T-8 lamp replacement

f. Identify anticipated rebate amount from Platte Valley Power Authority

g. Identify period of “pay back” for cost of work. This is the period of time in which FRCC should realize a reduction in electrical utility costs equivalent to the cost of work.

SECTION 4

ADDITIONAL REQUIREMENTS

4.2 Specifications and Qualifications See Section 5 General Requirements

SECTION 5

RESPONSE FORMAT

5.1 General Requirements – Only complete submissions will be accepted. Submissions should include:

· Submit one (1) electronic copy of the proposal CD/DVD or USB drive in a sealed envelope. Emailed or faxed proposals will not be accepted.

· Submit signed Request for Proposal Cover Page.

· Completed W-9.

· Reference contacts for similar projects, including names and contact information for individuals who can speak to the team’s qualifications.

· All requirements listed in Section 3 Statement of Work.

5.2 List of RFP Addenda Received

If applicable, written acknowledgement of each addendum to the RFP is required by each vendor.

5.3 Certificate of Insurance

A statement assuring vendor’s ability to provide a certificate of insurance for general liability, workers compensation, and automobile insurance in limits prescribed in Section 2.35.

5.4 Information

Submit any other information or materials, such as brochures, specifications, etc. that may be deemed advantageous to demonstrate an understanding and approach to the work.

SECTION 6

EVALUATION PROCESS AND CRITERIA

6.1 Evaluation Committee

The College will assemble an evaluation committee to conduct a comprehensive and impartial evaluation of proposals received in response to this RFP.

6.2 Evaluation Criteria

The evaluation committee will examine compliant proposals and judge the merits of each proposal in accordance with the criteria stated herein. Technical points will be assessed to each criterion with a weighting factor to provide the total technical points.

The following is a list of the criteria and respective weights that will be used in the initial evaluation of proposals:

Criteria Weight

Price 20%

Experience and Qualifications 20%

Proposal Quality ……………………………………………………………………………… 40%

References (College reserves the right to be a reference) 20%

Total 100%

6.3 Finalists

The evaluation committee will rank the vendors according to the criteria described above. The recommendations of this committee will be forwarded to the Purchasing Department for review and approval. RFP finalists may be required to give a presentation

6.4 Rejection and Clarification of Proposals

The College reserves the right to reject any or all proposals without liability, at its sole discretion. The College also reserves the right to seek clarification of each proposal, request and receive additional information in connection with a proposal, waive informalities and minor irregularities in proposals and allow, at its sole discretion, a vendor to correct minor irregularities. The College reserves the right to request a demonstration or oral presentation from any or all of the vendors for clarification or verification of vendor’s ability to perform. The College has the sole right to determine whether any deviation from the requirements of this RFP is substantial in nature.

SECTION 7

CONTRACT/SPECIAL PROVISIONS

Contract No.: 15XXXX THIS CONTRACT (Contract) is made by and between the State of Colorado, Department of Higher Education, by the State Board for Community Colleges and Occupational Education, for the use and benefit of Front Range Community College (College or State) and __________, (Contractor). The effective date of this Contract is the date when the Controller of the State of Colorado or his designee signs it, as shown on page __.

WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and, WHEREAS, authority exists in Law and Funds have been budgeted, appropriated, and otherwise made available; and, WHEREAS, College desires that Contractor shall render such services as hereinafter described, and Contractor is willing to provide such services upon the terms hereinafter provide.

NOW THEREFORE, it is hereby agreed that Contractor shall render to College services more fully described as follows:

SERVICES TO BE PROVIDED

SCOPE AND SERVICES

1. The Contractor shall ____________________.

TERM

2. This Contract shall be effective upon its execution by the State Controller and shall terminate on ____________________, unless sooner terminated as provided for hereafter.

COMPENSATION

3. Unless otherwise agreed, in full consideration for services specified herein, the College shall pay the Contractor ___________________ dollars and _________ no cents ($__________._____) for services rendered. In no case shall the cumulative payment to the Contractor for services rendered under this Contract exceed ____________________ dollars and __________ no cents ($__________._____).

Contractor shall invoice and College shall make payment to Contractor no later than thirty days (30) after receipt of invoice. Invoices are to be submitted to Accounts Payable, Front Range Community College, 3645 West 112th Avenue, Westminster, Colorado 80031-2105, and must refer to the contract number as shown on page 1 of this Contract. No other benefits in cash or in kind are to accrue to Contractor, except as otherwise provided herein.

Payment under this Contract shall not foreclose the right of the College to recover excessive or improper payments. If expenses are reimbursable, the rates must be consistent with Colorado fiscal rules and receive prior approval by the System designee.

COORDINATION

4. The Contractor shall coordinate its activities with the College president or his designee.

TERMINATION

5. This Contract may be canceled without cause by either party by giving thirty (30) calendar days’ advance written notice. In the event of cancellation by the College, the liability of the College to pay for services performed shall be limited to work completed which is satisfactory to the College's representative. In the event of Contractor canceling, the College shall not be liable for any services performed under this Contract.

SOLE SOURCE GOVERNMENT CONTRACTS

6. This provision applies only to sole source government contracts and does not apply to any contract which used a public and competitive bidding process in which the State agency or institution of higher education solicited at least three bids prior to awarding the contract.

Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations:

a. If during the term of the contract, contractor holds sole source government contracts with the State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a calendar year, then for the duration of this contract and for two years after, contractor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contractor or contractor’s immediate family member(s) for the benefit of any political party or for the benefit of any candidate any elected office of the State or any of its political subdivisions; and,

b. Contractor represents that contractor has not previously made or caused to be made, and will not in the future make or cause to be made, any contribution intended to promote or influence the result of a ballot issue election related to the subject matter of this contract; and,

c. Contractor will satisfy contractor’s obligations to promptly report to the Colorado Department of Personnel & Administration information included in the Government Contract Summary and the Contract Holder Information, regarding this contract and any other sole source government contracts to which contractor is a party; and,

d. Contractor understands that any breach of this section or of Contractor’s responsibilities under Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties and remedies; and,

e. A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions for three years; and,

f. By execution of this contract, Contractor hereby confirms it is qualified and eligible under such provisions to enter into this contract.

For purposes of this clause, the term “contractor” shall include persons that control ten percent or more shares or interest in contractor, as well as contractor’s officers, directors, and trustees. The term “immediate family member” shall include a spouse, child, spouse’s child, son-in-law, daughter-in-law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent-in-law, brother-in-law, sister-in-law, aunt, niece, nephew, guardian, or domestic partner.

To complete the actual form go to: https://ids-online.colorado.gov/DPA/DFP/SCO/Amendment54/

INTEGRATION OF UNDERSTANDING

7. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.

ASSIGNMENT/SUBCONTRACT

8. The Contractor shall not assign nor subcontract any portion of its rights or duties under this Contract without the prior written consent of the College.

AMERICANS WITH DISABILITIES ACT

9. The Contractor shall, in addition to any other requirements under Title 11 of the Americans with Disabilities Act, comply as an explicit requirement, with the Title 11 requirements of the Americans with Disabilities Act regarding the accessibility of the State’s services and programs. The Contractor assures that, at all times during the performance of any resulting contract, no qualified individual with a disability shall, by reason of that disability, be excluded from participation in, or be denied benefits of, services, programs, or activities performed by the Contractor for the benefit of the State.

COMPLIANCE WITH LAWS

10. The Contractor agrees to comply with all applicable federal and state law, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back and collusion.

NOTICE

11. Any notice or communication required or permitted to be given under this Contract shall be in writing and shall be either served personally or sent by United States registered or certified mail, postage prepaid with return receipt requested, addressed to the other Party as follows:

CONTRACTOR

COLLEGE

Front Range Community College

3645 West 112th Avenue

Campus Box 26

Westminster, Colorado 80031-2105

Attn: Director of Disbursement Services

BEST EFFORTS

12. Contractor will at all times faithfully, industriously, and to the best of Contractor's ability, experience, and talents, perform all of the duties that may be required of and from Contractor pursuant to the express and implicit terms hereof, to the reasonable satisfaction of College.

CONFIDENTIALITY

13. Contractor shall not release any confidential matters or materials gained or acquired through the performance of this Contract.

HEADINGS

14. Headings used in this Contract are for reference only and shall not be deemed a part of this Contract.

SPECIAL PROVISIONS

These Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.

4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.

5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.

7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person.