palm beach schoolRFP-CONSULTANT SERVICES ON CC_CM.pdf

REV. 09/14/2026

THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA

REQUEST FOR PROPOSAL (RFP)

RFP # 27C-011D

CONSULTANT SERVICES ON CONTINUING CONTRACT FOR

CONSTRUCTION MANAGEMENT AT RISK SERVICES

PROPOSAL DUE DATE:

OCTOBER 26, 2026, NO LATER THAN 2:00 P.M., EST

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO

BidNet Direct @ www.bidnetdirect.com

The RFP document and all additional project information published as part of the RFP document may be obtained at: BidNet Direct @ www.bidnetdirect.com. BidNet Direct will not allow offers to be submitted after the closing date and time.

SECTION 00002

CONSULTANT SERVICES ON CONTINUING CONTRACT

FOR

CONSTRUCTION MANAGEMENT AT RISK SERVICES

RFP# 27C-011D

TABLE OF CONTENTS

SECTION & TITLE

PAGES

SECTION 00001 TITLE PAGE

SECTION 00002 TABLE OF CONTENTS ................................................................................. 2-3

SECTION 00030 PROJECT NOTIFICATION - REQUEST FOR PROPOSAL ................................. 4-7

SECTION 00050 NOTICE TO CONTRACTORS – SBE

SECTION 00100 INSTRUCTIONS TO PROPOSERS ............................................................... 9-19

SECTION 00700 GENERAL CONDITIONS ........................................................................... 20-54

SECTION 00830 SPECIAL CONDITIONS ............................................................................ 55-69

SECTION 00600 SUPPLEMENTAL CONDITIONS................................................................. 70-81

SECTION 00510 OWNER-CM at RISK CONTRACT ............................................................ 82-154

ADDITIONAL DOCUMENTATION NUMBER OF PAGES

REQUIRED RESPONSE FORMS

A PROPOSAL RESPONSE

B DISCLOSURE OF DISCRIMINATION COMPLAINTS STATEMENT

C SBE SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION RESPONSE

EXHIBITS

A AMENDMENT TO CONTRACT

B GMP SUMMARY

C PRECONSTRUCTION SERVICE FEE SUMMARY

D CONSTRUCTION PHASE SERVICES FEE SUMMARY

E NOT USED

F CONSTRUCTION TEAM AUTHORIZED REPRESENTATIVES

G NOT USED

H NOT USED

ATTACHMENTS

A PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND – 00610-PB/LMPB

B DISTRICT PURCHASED MATERIALS (DPM) PROGRAM

C DIRECT PURCHASED MATERIAL (DPM) LOG

D DIRECT PURCHASED MATERIAL (DPM) MATRIX GMP

E TRENCH SAFETY ACT COMPLIANCE

F SBE PARTICIPATION LETTER OF INTENT – PBSD 1525

G SBE SUB PARTICIPATION SERVICES – PBSD 1526

H SBE SUBCONTRACTOR PARTICIPATION GOOD FAITH EFFORT – PBSD 1527

I DRUG FREE WORKPLACE CERTIFICATION

J SCRUTINIZED COMPANIES LIST CERTIFICATION

K SBE GOOD FAITH MEMORANDUM – FORM PBSD 1611

L BENEFICIAL INTEREST FORM AND DISCLOSURE OF OWNERSHIP AFFIDAVIT –

PBSD 1997

M FINAL RELEASE AND VERIFICATION OF PAYMENT – PBSD 1621

N SBE GOOD FAITH EFFORT NONCOMPLIANCE SUPPLEMENT – PBSD 1629

O CONSTRUCTION ALLOWANCE USE REQUEST – PBSD 2348

P ALLOWANCE LOG GMP

Q ALLOWANCE MATRIX

R CONSTRUCTION SCHEDULE OF VALUES

S SUBCONTRACTOR RECONCILIATION REPORT

T SUBCONTRACTOR AND SUBCONSULTANT PAYMENT LEDGER

V CONSTRUCTION MANAGER’S FINAL PAYMENT CHECKLIST

W CLOSEOUT CHECKLIST

X BYRD ANTI-LOBBYING AMENDMENT

APPENDICES

AA CLOSEOUT REPORT INSTRUCTIONS

BB CONTRACT CLOSEOUT COMPLIANCE REPORT

CC CONSTRUCTION CONTINGENCY USE AUTHORIZATION (CCUA)

DD CONSTRUCTION CONTINGENCY USE DIRECTIVE (CCUD)

EE COPR/CCD LOG

FF COPR/CCD MATRIX

GG CONSTRUCTION CONTINGENCY LOG

HH CONSTRUCTION CONTINGENCY MATRIX

II PRECONSTRUCTION AND GENERAL REQUIREMENTS REIMBURSABLE EXPENSES

SECTION 00030

PROJECT NOTIFICATION

REQUEST FOR PROPOSAL (RFP)

CONSTRUCTION MANAGEMENT (CM) AT RISK SERVICES

The School Board of Palm Beach County, Florida invites Certified General Contractors or Certified

Building Contractors prequalified by the School Board, pursuant to SREF Chapter 4.1 prior to the

Proposal Due Date, to submit a Proposal for:

CONSULTANT SERVICES ON CONTINUING CONTRACT FOR: CONSTRUCTION MANAGEMENT AT

RISK SERVICES

PROJECT NO.: VARIOUS

PROPOSALS SHOULD BE BASED UPON THE FOLLOWING DESCRIPTION OF WORK:

The School OWNER of Palm Beach County ("OWNER") is seeking proposals from qualified Construction

Management firms ("CONSTRUCTION MANAGER") to provide Construction Management at Risk Services on a continuing, as-needed basis for capital improvement, new construction, renovation, remodeling, repair, maintenance, site improvements, ADA/accessibility improvements, and related construction projects, where each individual project assignment does not exceed an estimated construction cost of

$7.5 million dollars.

The OWNER intends to competitively procure and establish a pool of multiple qualified Construction

Management firms. The continuing contracts resulting from this solicitation are to be procured pursuant to the Consultants' Competitive Negotiation Act ("CCNA"), Florida Statutes §287.055, and the authority granted to governmental entities under Florida Statutes §255.103.

The purpose of this solicitation is to establish continuing contracts with firms determined to be highly qualified to provide Construction Management at Risk Services for projects that are not specifically identified at the time of solicitation. The CONSTRUCTION MANAGER shall provide all Preconstruction

Phase Services necessary to establish a GMP as well as all Construction Phase Services following the assignment of individual project(s).

Award of a continuing contract does not constitute a guarantee of work. The OWNER does not guarantee any minimum dollar amount, number of projects, number of assignments, or frequency of assignments to any continuing-contract firm. Projects will be assigned during the term of the continuing contracts based upon the OWNER’S programmatic needs and in accordance with the project assignment procedures established herein (ARTICLE 2 – AWARD OF CONTRACTS) and in the resulting continuing contract.

The OWNER intends to maintain sufficient flexibility to:

1. Assign projects equitably among qualified firms;

2. Select the firm best qualified for a particular project or assignment;

3. Consider the size, complexity, specialty, location, schedule, and other characteristics of a project;

4. Consider each firm's current and projected workload and available capacity;

5. Consider the firm's prior performance (utilizing Periodic Performance Evaluations) on OWNER projects;

6. Maintain continuity where continuity provides a benefit to the OWNER;

7. "Right-size" assignments by matching the particular project and required level of Construction

Management services to the firm best positioned to successfully perform the assignment; and

8. Protect the OWNER's program management interests by avoiding assignments that exceed a firm's demonstrated capacity or resources.

Nothing in the assignment process shall be construed to require the OWNER to rotate assignments mechanically or to sacrifice the selection of the most highly qualified firm in order to achieve an equal distribution of work.

As directed by the OWNER, the CONSTRUCTION MANAGER may be required to complete portions of the construction on an occupied campus, complete phased construction projects, complete projects with an accelerated schedule, and complete projects requiring coordination with OWNER operations.

Construction shall incorporate all of the requirements set forth in the Permitted Construction Documents, School District of Palm Beach County Master Specifications, District Design Criteria, State Requirements for

Educational Facilities (SREF) 2014, Florida Administrative Code (FAC) Chapter 6A-2 and Florida Building

Code, Florida Accessibility Code, Florida Fire Prevention Code, NEC and NFPA requirements and all other applicable specifications. The CONSTRUCTION MANAGER shall prepare all Project Documents in accordance with the requirements stated in Department of Education’s Chapter 6A-2, SREF and FAC.

SCHEDULE FOR SELECTION:

PROPOSALS DUE: OCTOBER 26, 2026, NO LATER THAN 2:00 P.M., EST via BidNet Direct @ www.bidnetdirect.com

SELECTION COMMITTEE MEETING*: NOVEMBER 17, 2026 at 9:00 A.M., EST

SCHEDULED AWARD OF CONTRACT: JANUARY, 2027

*OPEN TO PUBLIC ATTENDANCE at North County Support Center, 3661 Interstate Park Road North, 1st

Floor Conference Room, Riviera Beach, FL 33404.

All questions regarding this solicitation must be submitted via BidNet Direct @ www.bidnetdirect.com NO LATER THAN 2:00 P.M., EST on OCTOBER 5, 2026.

Only questions received via BidNet Direct @ www.bidnetdirect.com by the time and date specified will be answered by Addendum and posted on BidNet Direct. Jim Smith is authorized only to direct the attention of prospective proposers to various portions of the RFP so they may read and interpret such for themselves. Neither Jim Smith nor any employee of the District is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in the written documents.

All questions submitted (along with their source) are subject to Public Records Law and as such will be available for inspection upon receipt of a Public Records Request. There shall be no communication between

Selection Committee Members or their staff and the Proposers.

The RFP document and all additional Project information published as part of the RFP document may be obtained at: BidNet Direct @ www.bidnetdirect.com

FOR GENERAL INQUIRIES CONTACT Jim Smith at 561-882-1954 or by email james.a.smith@palmbeachschools.org.

SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE

As specified by Board Policy 6.144, the School District of Palm Beach County shall apply preferences for

Small Business Enterprises (SBE) in the District’s Procurement Process for the solicitation of Professional

Services Contracts. School Board Policy 6.144 allows for SBE Participation Goals and the firm Awarded

Work on such Projects fully participate in the SBE program.

In order to receive consideration for SBE Participation the firm(s) to be utilized by the Proposer must be certified by the District at the time the Proposal is submitted.

The established SBE Participation Contract Goal applied to this solicitation is specified in Section 00830 –

SPECIAL CONDITIONS, Article 5, Paragraph 5.2.

For more information on the District’s SBE programs see School Board Policy 6.1434 and the SBE

Procedures Manual. The Manual and Directory of Certified SBE Firms can be found at:

https://palmbeachschools.gob2g.com/.

INDUSTRY SPECIFIC CLASSIFICATIONS

To ensure compliance with program guidelines and intent, Proposers will receive SBE Preference

ONLY if their SBE Classification is consistent with, and meets the standards identified in the

Industry Specific Classifications and thresholds contained in School Board Policy 6.1434 and the

Office of Small Business Development’ Procedures Manual.

THE INDUSTRY SPECIFIC CLASSIFICATION FOR THIS SOLICITATION IS:

• Construction Services - Small Business Enterprise Owned Firm

REVENUE/SALES SIZE STANDARDS FOR INDUSTRY SPECIFIC CLASSIFICATIONS

Any firm that has exceeded gross sales or revenues (averaged over the last three [3] years) greater than the amounts below shall not be considered eligible to participate in the School District’s SBE program.

• $13,000,000 for Construction Services

LOBBYING

From the time this RFP is advertised until the time a decision or intended decision for Award is posted, potential Proposers and employees, representatives, partners, director, officers, or other individuals acting on behalf of the Proposer, shall be prohibited from communicating with any School District employee, member of the School Board, member of a School District Advisory Committee or person selected to evaluate or recommend selection of the Awarded Proposer. All communication involving this RFP must be through the Construction Purchasing Department. All oral or written inquiries must be directed through the

Purchasing Department. Violation of this “Cone of Silence” shall result in rejection/disqualification of the

Proposer from Award of a Contract arising out of this solicitation.

No proposers or persons acting on behalf of the proposer may lobby any District personnel or Board members regarding this RFP from the date the RFP is released until the administration's Recommendation for Award has been posted at the Purchasing Department reception center. Lobbying is defined as any action taken by an individual, firm, association, Joint Venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personnel after advertisement of the RFP and prior to the posted Recommendation on the Award of the Contract.

Lobbying on behalf of proposer during the time specified herein will result in rejection/disqualification of said Proposal.

POSTING OF PROPOSAL RECOMMENDATIONS/TABULATIONS

Recommendations and tabulations will be posted electronically with BidNet Direct for review by interested parties, no later than NOVEMBER 20, 2026, and will remain posted for a period of 72 hours. If the RFP

Tabulation with Recommended Awards is not posted by said date, a "Notice of Delay of Posting" will be posted to inform all proposers of the new posting date.

PROTEST

Any Proposer who is adversely affected by the Recommended Award may file a Protest within the time prescribed in section 120.57 (3), Florida Statutes. Failure to post bond with the Board or to adhere strictly to the requirements of Statutes and State Board of Education rules pertaining to protests will result in summary dismissal by the Purchasing Department. Additionally, any proposer who is adversely affected by the Recommended Award may address the Board at a regularly scheduled Board meeting. Failure to file a notice of protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida

Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

BY: Karen M. Brill, Board Chair ATTEST: Michael J. Burke, Superintendent

PUBLISH DATES: SEPTEMBER 14, SEPTEMBER 21 and SEPTEMBER 28, 2026

END OF SECTION

SECTION 00050

NOTICE TO CONTRACTORS

SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION

A Small Business Enterprise (SBE) Contract Goal has been established for this Project. Only firms Certified by the School Board of Palm Beach County are eligible for participation to satisfy the established

Participation Requirement.

Proposers and Subconsultants seeking to qualify as a Small Business Enterprise (SBE) shall be certified by the School Board of Palm Beach County, prior to the Proposal Due Date Specified in Section 00030 of this

Request for Proposal.

CERTIFICATION APPLICATION INSTRUCTIONS

Firms seeking to apply for certification with the School Board of Palm Beach County shall submit the School

Board of Palm Beach County application. The application must be approved by the School Board of Palm

Beach County Office of Small Business Development. The Office of Small Business Development will review the Certification Database to ensure SBEs are Certified with the District at the time the Bid is submitted.

Vendors do not have to submit their Certification Certificate.

IMPORTANT POINTS TO REMEMBER

1) The application must be submitted complete with all required supporting documentation and the firm must allow sufficient time for the application to be processed prior to the Proposal Due Date.

The application may take up to 60 days after receipt of the completed application for processing.

2) Please contact the Office of Small Business Development for the application or information on certification at https://www.palmbeachschools.org/departments/small-business-development, or by phone at (561) 681-2403 or write:

THE SCHOOL BOARD OF PALM BEACH COUNTY

Office of Small Business Development

3300 Summit Boulevard

West Palm Beach, Florida 33406

3) Complete the online School District SBE application.

(https://www.palmbeachschools.org/departments/small-business-development)

4) Complete the SBE Affidavit.

SECTION 00100

INSTRUCTIONS TO PROPOSERS

ARTICLE 1

SCOPE

1.1 The purpose and intent of The School Board of Palm Beach County Request for Proposal (RFP) is to solicit Proposals from qualified firms for securing Construction Management at Risk Services on

Continuing Contract.

1.2 All respondents are encouraged to submit Proposals that meet or exceed the Specifications, Terms and Conditions as stated herein.

1.3 The Scope of services will be as defined in the Contract Documents between OWNER and

CONSTRUCTION MANAGER.

1.4 Construction Management at Risk Services will, as part of their basic services, be required to administer a Direct Material Purchase Program as outlined in Appendix B, when requested by the

OWNER. All expenses incurred to administer this Program will be the responsibility of the

CONSTRUCTION MANAGER. A copy of this plan is available at the request of the Proposer from the

Construction-Purchasing Department.

ARTICLE 2

AWARD OF CONTRACTS AND PROJECT ASSIGNMENTS

2.1 The Contract, if awarded by the OWNER, will be Awarded based on the procedures in Section 00600

– EVALUATION PROCESS; provided the Proposal is reasonable, meets the criterion specified herein and it is in the best interest of the OWNER to accept the Proposal.

2.2 It is the intent of the OWNER to competitively select a pool of firms and Award contracts to all firms scoring at least 73 of the total points available in Section 00600 – EVALUATION PROCESS.

2.3 To be eligible for Contract Award, Proposers shall be Prequalified by the Board pursuant to SREF 4.1 at the time of Contract Award.

2.4 Prior to Award, The School Board of Palm Beach County reserves the right to require a Proposer to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a Proposer, including past performance with other governmental/educational agencies. Proposers are advised that requests for additional information or

Site visitations are not to be construed as an indication that a Proposer will receive or is in the best position to receive an Award.

2.5 The School Board of Palm Beach County reserves the right to reject any or all offers or to accept any offers which are in its best interest. The School Board also reserves the right to waive any informalities, irregularities and technicalities in procedure.

2.6 The initial term of this Contract shall be for one (1) year with an option for four (4) additional one-year terms. During any term of the Contract, unfavorable performance by any CONSTRUCTION

MANAGER shall be a basis for non-renewal by the OWNER during the 5 year term of this Contract. At the time of contract renewal, all firms may be required to submit an annual capacity certification, including but not limited to the following information: current OWNER assignments, current non-

OWNER assignments, anticipated workload, available project managers, available superintendents/field staff, available technical personnel, a statement of the firm’s ability to accept additional OWNER assignments.

2.6 Work will be assigned under this Contract at the discretion of the OWNER. The basis for Work assignments will be based on the best-qualified firm for the particular assignment, including but not limited to, the following considerations; project type, project size, project complexity, construction value, schedule, required completion date, construction phasing, occupied-campus requirements, geographic location, required technical expertise, similar project experience, key personnel, firm capacity, current number and value of OWNER assignments, past performance, current workload, prior OWNER workload, continuity with an existing project or program, geographic/logistical considerations, and bonding capacity.

Project Assignment Process

For each assignment, the OWNER may prepare an Assignment Memorandum documenting the basis for selection.

The memorandum may include:

1. Project description;

2. Estimated construction value;

3. Anticipated Construction Management scope;

4. Required start date;

5. Required completion date;

6. Project complexity;

7. Required specialized qualifications;

8. Firms considered & Selection rationale;

9. Current workload of each firm;

10. Previous OWNER assignments;

11. Relevant past performance; and/or

12. Capacity assessment.

2.7 It is the objective of the OWNER to maintain an equitable distribution of the overall value of Work during the term of the Contract, provided such distribution does not violate the principle of selection of the most highly qualified firms.

2.8 At any time during the contract period, A firm may notify the OWNER in writing that it is temporarily unable to accept additional project assignments. The notice shall identify: the effective date; the anticipated duration; the reason for the capacity limitation, and the anticipated date on which the firm expects to regain capacity. A firm's timely written declaration of capacity limitation shall not constitute a contract default, adverse performance finding, or basis for probation.

2.9 Upon receipt of a proposed project assignment, the firm shall respond within ten (10) business days confirming: acceptance; declination; or request for clarification concerning the proposed scope. Once a firm accepts an assignment, the firm shall commit the personnel and resources necessary to perform the services in accordance with the approved Short Form Agreement and subsequent Purchase Order.

2.10 A CONSTRUCTION MANAGER, who has not pre-emptively notified the OWNER of capacity limitations, who declines a project assignment after being selected, may be subject to an adverse performance determination. If a firm declines assignments, or rejects an assignment, the OWNER may place the firm on Assignment Probation. Assignment Probation may include: temporary suspension from consideration for new assignments; a requirement to provide updated capacity information before receiving additional assignments; and/or other reasonable corrective measures. Assignment Probation shall not automatically terminate the firm's continuing contract. The OWNER shall provide written notice of the basis for the probationary status and the conditions required for removal from probation.

2.11 The OWNER may place a firm on Performance Probation when the firm's Periodic Performance

Evaluations (PPE) demonstrate performance deficiencies that reasonably indicate that assignment of additional work may not be in the best interest of the OWNER. Performance factors may include:

schedule performance; cost control; quality of services; staffing adequacy; responsiveness;

communication; documentation; coordination; change management; contract administration;

problem resolution; compliance with OWNER procedures; compliance with applicable laws and contract requirements; professional conduct; and overall project performance. A Performance

Probation may be imposed when the OWNER determines that additional assignments should be temporarily withheld while the firm demonstrates corrective action. The OWNER may consider performance evaluation results, individually and collectively, in determining whether a firm remains eligible for new project assignments.

2.12 In accordance with FL SS 287.055 firms will not be required to bid against one another. Following a project assignment, negotiations will commence with the firm selected as most qualified. The OWNER may solicit additional information from the continuing-contract firms regarding availability, staffing, relevant experience, and capacity. Such request shall not constitute a competitive bid or proposal process among the continuing-contract firms.

2.13 Negotiations required for individual Project assignments will follow the requirements of Florida

Statutes, and will be conducted with the highest ethical standards, fairness and equity. All negotiation meetings with vendors must conform to the Public Records Requirements of applicable laws.

2.14 The Contract may be extended up to 120 days beyond the Contract expiration date of the initial year or any Contract Renewals. The Awarded Proposer(s) will be notified when the Board has acted upon the recommendation to extend the Contract beyond the Contract expiration date.

2.15 The School Board reserves the right to cancel the Award, or portions thereof, without penalty at any time.

2.16 The OWNER reserves the right to determine whether a particular project will be assigned under a continuing contract, separately procured, performed by OWNER personnel, or procured through another legally authorized method.

2.17 The School Board reserves the right to cancel the Award, or portions thereof, without penalty at any time.

ARTICLE 3

TIME SCHEDULE

3.1 The School Board will use the following Time Schedule subject to change if necessary.

QUESTIONS DUE*: OCTOBER 5, 2026 NO LATER THAN 2:00 P.M., EST via BidNet Direct @ www.bidnetdirect.com

FINAL ADDENDUM ISSUED: OCTOBER 19, 2026 via BidNet Direct @ www.bidnetdirect.com

PROPOSALS DUE: OCTOBER 5, 2026 NO LATER THAN 2:00 P.M., EST via BidNet Direct @ www.bidnetdirect.com

SELECTION COMMITTEE MEETING**: NOVEMBER 17, 2026 AT 9:00 A.M., EST

SCHEDULED AWARD OF CONTRACT: JANUARY, 2027

*Only questions received via BidNet Direct @ www.bidnetdirect.com by the time and date specified will be answered by Addendum and only those responses issued by Addenda through

BidSync will be binding. All Addenda will be posted on BidNet Direct @ www.bidnetdirect.com .

Jim Smith is authorized only to direct the attention of prospective proposers to various portions of the RFP so they may read and interpret such for themselves. Neither Jim Smith nor any employee of the District is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in the written document.

All questions submitted (along with their source) are subject to Public Records Law and as such will be available for inspection upon receipt of a Public Records Request. There shall be no communication between selection committee members or their staff and the Proposers.

**Selection Committee Meetings are open to public attendance located at:

North County Support Center

3661 Interstate Park Road N. - 1st Floor Conference Room

Riviera Beach, FL 33404

NOTE: Proposers are requested to have a representative present at the Selection Committee

Meeting to respond to questions the Committee may have regarding the contents of their

Proposal.

ARTICLE 4

INSTRUCTIONS FOR PROPOSAL

4.1 Proposals shall be prepared in accordance with these Instructions to Proposers. Proposals not conforming to the instructions provided herein may be subject to disqualification at the option of the

OWNER. It is necessary for the Proposer to carefully consider each item specified in this Request for

Proposal and insure each item meets the Requirements and Specifications as indicated. Proposal modification will not be accepted from Proposers.

4.2 The Proposer acknowledges the right of the OWNER to reject any or all Proposals and to waive any informality or irregularity in any Proposal received. In addition, the Proposer recognizes the right of the OWNER to reject a Proposal if the Proposer failed to furnish any required Proposal security, or to submit the data required by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to reject the Proposal of a Proposer who is not in a position to perform the Contract; and to re-advertise for other or further Proposals or to accept the next responsive Proposal.

4.3 The Proposer meeting Specifications, Terms and Conditions and being designated as having submitted an approved Proposal shall be a Florida Licensed General Contractor and be authorized to perform services in the city of their domicile and in Palm Beach County. The Proposer shall provide proof, in the form of licenses and certificates in their proposal.

4.4 Each Proposer, by submitting a Proposal, represents they have read and understand the Request for

Proposal document.

4.5 Proposals shall be prepared using the forms contained in this RFP and submitted in accordance with these Instructions to Proposers. Each Proposer shall use the forms contained in this RFP where indicated. Proposals containing any conditions, omissions, alternates, items not called for or irregularities of any kind may be rejected by the OWNER.

4.6 The Proposer certifies by submission of their Proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, proposer certifies that it has divulged, in its RFP response, information regarding any of these actions or proposed actions with other governmental agencies.

4.7 Successful Proposer will be required to comply with applicable law as it relates to E-Verify legislation.

4.8 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 RFP on a Contract to provide any goods or services to a public entity, may not submit a RFP on a Contract with a public entity for the construction or repair of a public building or public work, may not submit RFPs on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Awarded Proposer(s) 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor List.

4.9 A Contract Awarded Proposer(s) or any Subcontractors shall not employ any person with multiple felonies and/or crimes against children. The Contract Awarded Proposer(s) must provide documented proof of efforts to comply with this requirement. The Board may declare any non-compliance or lack of diligent effort by the Contract Awarded Proposer(s) to comply as a breach of Contract and immediately terminate the services of the Contract Awarded Proposer(s).

4.10 The Proposer, in submitting their Proposal, realizes that time is of the essence and that any delay of this Project will have a serious negative impact on the students of Palm Beach County. Therefore, the

Proposer has taken due diligence to determine factors that may impact the days necessary to complete this Project. Specifically, the approval process required under Florida Statutes as governed by the Rules of the Department of Education, Florida State Board of Education, as well as the

Permitting process required by the School District of Palm Beach County, Department of

Environmental Regulation, the South Florida Water Management District, Palm Beach County and any other bodies that have jurisdiction over the land parcel for this Project.

4.11 Each Proposer, by submitting a Proposal, represents they have familiarized themselves with the local conditions under which the Work is to be performed. The Proposer is assumed to be familiar with all

Federal, State and Local Laws, Ordinances, Rules and Regulations, that in any manner affect the

Work. Public Contracting and Purchasing Process Florida Statutes, Sections 235.01 et seq. 287.132-

.133 (Public Entity Crimes) is applicable and Florida Department of Education, Office of Educational

Facilities, Florida Building Code (FBC). Ignorance on the part of the Proposer will in no way relieve them from responsibility.

4.12 The Proposer shall have a place of business for contact by the School District during normal hours on normal working days. An emergency phone number and the name of a responsible managing employee of the successful proposer shall be provided to the School District.

4.13 A Proposal from a Joint Venture will be accepted for evaluation if the Joint Venture has been authorized by the Florida Dept. of State prior to Proposal. Additionally, one of the Joint Venture entities must be a business entity properly qualified by a Licensed Contractor. Finally, the Joint Venture shall provide a properly executed statement of authority, signed by each participant of the Joint Venture, giving the Licensed General Contractor full authority to conduct the contracting business of the Joint Venture.

A Joint Venture Proposal shall include the name and address of all parties included in the Joint Venture with one of the parties identified as the Prime Vendor. The Prime Vendor shall be financially responsible for the Joint Venture providing Bonding and Insurance Requirements and execution of the

Contract. The Prime Vendor shall have overall and complete accountability to resolve any dispute arising from the Contract.

In the case of a Proposal submitted by a Joint Venture, a Joint Venture shall be in compliance with and meet all of the Terms, Conditions, and Criteria of this RFP, School Board Policy 6.1434, and all other relevant School Board Policies.

A Joint Venture may be considered a certified SBE for purposes of the SBE Evaluation Preference point award when the Joint Venture is SBE certified by the School District’s Office of Small Business

Development (OSBD). The Joint Venture shall include in its Proposal submittal the SBE certification document of each SBE Joint Venture member.

A Joint Venture shall not be awarded a Construction Management at Risk Contract unless that Joint

Venture is fully and properly licensed by the Florida Department of Business and Professional

Regulation, at the time of Proposal submittal.

4.14 All questions concerning the Request for Proposal shall be submitted via BidNet Direct @ www.bidnetdirect.com by the date and time specified and will be answered by Addendum. All questions submitted shall be held until such time as they are compiled and answered in the form of an Addendum, which will be released through BidNet Direct @ www.bidnetdirect.com .

4.15 Questions and Answers, in the form of Addenda, as distributed by the OWNER shall become part of the Request for Proposal. An Addendum is a written or graphic instrument issued prior to the execution of the Contract Documents which modify or interpret the Proposal Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. All Addenda will become part of the Contract Documents when the Contract is executed. As necessary, Addenda will be distributed by BidNet Direct to all who are known by the Construction Purchasing Department to have received a complete set of Proposal Documents. All questions submitted (along with their source) and Addenda are subject to Public Records Law and as such will be available for inspection upon receipt of a Public

Records Request.

4.16 All Proposers must disclose the name of any officer, director, or agent who is also an employee of the

District. All Proposers must disclose the name of any District employee who owns, directly or indirectly, any interest in the proposers' business or any of its branches. Indicate with either a statement of Conflict of Interest or Non-Conflict of Interest and submit with your Proposal.

4.17 All Proposals must be submitted electronically to BidNet Direct @ www.bidnetdirect.com.

Hardcopy Proposals will not be accepted. A Proposal is invalid if it has not been fully uploaded to

BidNet Direct @ www.bidnetdirect.com prior to the time and date for receipt of Proposals specified in Article 3, Time Schedule or prior to any extension issued by addendum. Proposals received after the stated time and date will not be considered.

4.18 BidNet Direct:

1. All offers must be submitted electronically to BidNet Direct @ www.bidnetdirect.com including all required documents listed in the Proposal (or solicitation). No other responses will be accepted, including hard copy or emailed responses.

2. BidNet Direct supports online document tracking and completion. All documents must be viewed/accepted before the Proposal Packet can be viewed and an offer can be placed.

3. The District will only consider offers that have been uploaded and submitted through

BidNet Direct @ www.bidnetdirect.com PRIOR to the Proposal closing date and time. As with any document upload, larger documents and/or heavy use activity may result in longer upload times. Please allow sufficient time to complete your offer.

4. IMPORTANT INFORMATION: For help filling out your offer, please visit:

https://www.bidnetdirect.com/palmbeachschools/

● In order to complete this process, you must first select “Review Response,” verify the information is correct then enter your password and select “Confirm & Submit Response.”

● After clicking “Confirm & Submit Response,” a confirmation page loads with “Offer

Received” at the top of the page. If you do not see this confirmation, your offer was not submitted successfully.

● If you select to receive a confirmation email indicating a successful response you will receive a confirmation email within five (5) minutes.

If you DO NOT receive a confirmation that your offer has been received, please call

BidNet Direct at 800-990-9339, Option 1 (Customer Care) and then Option 1 (Vendor

Assistance)

5. If necessary, Addenda will be distributed by BidNet Direct to all who are known by the

Construction Purchasing Department to have received a complete set of Proposal Documents.

6. Be advised that registering with BidNet Direct @ www.bidnetdirect.com is a FREE service.

7. Proposals must be signed electronically by an officer or employee having authority to legally bind the Proposer(s).

8. Proposers should become familiar with any local conditions which may, in any manner, affect the services required. The proposer(s) is/are required to carefully examine the RFP Terms and become thoroughly familiar with any and all conditions and requirements that may in any manner affect the Work to be performed under the Contract. No additional allowance will be made due to lack of knowledge of these conditions.

9. Proposals not conforming to the instructions provided herein will be subject to disqualification.

10. Any Proposal may be withdrawn prior to the date and time the Proposals are due.

4.19 Unless otherwise provided in any supplement to these Instructions to Proposers, no Proposer shall modify, withdraw or cancel his Proposal or any part thereof for 60 days after the time designated for the receipt of Proposals in the Project Notification for Request for Proposal.

4.20 Each Proposer shall use the forms contained in the RFP where indicated. Any erasures or other corrections in the Proposal shall be explained or noted over the signature of the Proposer. Proposals containing any conditions, omissions, unexplained erasures, alternates, items not called for or irregularities of any kind may be rejected by the OWNER.

4.21 Each Proposal shall provide, on the required document, the full business address of the Proposer, and state whether he is an individual, corporation or partnership. Proposals by a corporation must be signed with the legal name of the corporation followed by the name of the state of its incorporation and by the manual signature and designation of an Officer, OWNER, or other person, authorized to bind the corporation. Proposals by partnerships shall show the names of all partners and shall be signed in the partnership name by one of the partners or by an Authorized Representative. In either case, the partnership signature shall be followed by the manual signature and designation of the person signing. ANY POTENTIAL, PERCEIVED OR ACTUAL CONFLICT OF INTEREST SHALL BE

GOVERNED BY FLORIDA LAW.

4.22 In every case, the name of the person signing, and his designation, shall be typed or printed below his signature. A Proposal by a person who affixes to his signature the word "President", "Secretary", "OWNER" or other designation without disclosing his principal may be held to be the Proposer of the individual so signing. Satisfactory evidence of the authority of an Officer, OWNER, Attorney, or other person signing for a corporation and for an OWNER, Attorney, etc., signing for a partnership or an individual shall be furnished.

4.23 Following submittal of the Proposal, a Proposer may not add or substitute Project Team Members, including Major Subconsultants, without written approval from the Construction Purchasing

Department. Requests shall be made in writing to the Purchasing Agent in charge of the procurement process for that solicitation. All requests shall be submitted by the individual responsible for the authorization of the Proposal Response (Required Response Form A). Other than an emergency situation, the request shall be submitted not less than five (5) business days prior to the published date of the Evaluation Meeting, otherwise the request shall not be allowed. The request shall identify the Project Name, RFP Number, reason for the request and resume of each Team Member requested for substitution. The resume shall include the same information as that specified in the Phase I

Evaluation Criteria of the RFP for Project Team Members. The request shall be reviewed and responded to in writing by the Construction Purchasing Department advising the Proposer if their request for substitution is approved.

4.24 WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn on written request received from the Proposers prior to the time fixed for opening. Such request shall be properly signed in accordance with the requirements pertaining to signatures contained in Paragraph 4.21 above. Negligence on the part of the Proposer in preparing the Proposal confers no right for withdrawal of the Proposal after it has been opened.

4.25 INSTRUCTIONS FOR SUBMITTAL OF PROPOSAL DOCUMENTS

The Proposal shall be divided into three (3) Sections 1, 2 and 3 and uploaded to BidNet Direct @ www.bidnetdirect.com as one (1) optimized PDF file. A Proposal shall include all items listed for Section 1, otherwise the Proposal shall be declared non-responsive. A Proposal should include all items specified for Sections 2 and 3; however, exclusion of any of the items specified in Section 2 and 3 shall not be cause to declare the Proposal non-responsive.

SECTION 1: - shall contain the following items:

1. Proposal Response Form (Required Response Form A)

2. Disclosure of Discrimination Complaints Statement (Required Response Form B)

3. SBE Subconsultant/Subcontractor Participation Form (Required Response Form C)

SECTION 2: - submit the following items with Proposal:

1. Business Tax Certificate or Receipt as evidence of business location in Palm Beach, Broward or

Miami-Dade Counties (see Evaluation Criteria)

2. Copy of the Proposer’s Certified General Contractor’s (CGC) License, issued by the Florida

Department of Business and Professional Regulations.

3. Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of

State or by submitting a copy of the Certificate of Status Verification which may be obtained via www.Sunbiz.org - Department of State.

4. Letter of Bonding Capability, issued by the Proposer’s Surety. The Letter shall verify the

Surety’s rating as specified in Section 00510 as well as the Proposer’s aggregate, single project and current available Bonding Capacity. The Surety must verify the Proposer’s ability to provide required Bonding for each Contract Award otherwise the Proposal may be rejected.

5. Certificate of Insurance indicating the coverage required in Section 00510.

6. Drug Free Workplace Certification (Attachment I)

7. Scrutinized Companies List Certification (Attachment J)

8. Beneficial Interest and Disclosure of Ownership Affidavit, PBSD 1997 (Attachment L)

The School District is requesting this affidavit to include a list of every “person” (as defined in Section 1.01 (3), Florida Statutes, to include individuals, children, firms, syndicates, fiduciaries, corporations and all other groups and combinations) holding five percent (5%) or more of the Beneficial Interest in the disclosing entity. The

Proposer must submit all supporting documentation in the name of the Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable.

9. Byrd Anti-Lobbying Amendment (Attachment X)

SECTION 3: - Responses:

1. Responses to Section 00600, Article 5 – Evaluation Process.

2. Section 3 of the Proposal shall not exceed a total of forty (40) pages otherwise the

Proposal shall be deemed non-responsive. Each page of Section 3 shall be numbered consecutively and shall not exceed 8 ½” x 11” in size. Each text page shall be printed in font

11 or larger and have a minimum 1” margin. The Proposer should provide responses to the

Evaluation Process Criteria specified in Categories 1-4 in Section 00600 – Evaluation Process.

The responses provided for each Category should be bookmarked separately.

ARTICLE 5

PROTEST PROCEDURES

5.1 The OWNER shall provide notice of its decision or intended decision concerning a Request for Proposal or an Award as follows:

● Notice of a decision or intended decision shall be given by posting the Tabulation on BidNet

Direct @ www.bidnetdirect.com.

● The notice required by this paragraph shall contain the following statement: “Failure to file a protest within the time prescribed in 120.57(5)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”

5.2 Any party who is adversely affected with respect to the Proposal Documents shall file a notice of protest in writing within 72 hours after the receipt of the Proposal Documents, and SHALL FILE A

FORMAL WRITTEN PROTEST WITHIN 10 DAYS AFTER FILING THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under F.S. Chapter 120.

All Notices of Protest and Formal Written Protests shall be submitted to:

Darci Garbacz, Director of Purchasing

School Board of Palm Beach County

3300 Forest Hill Blvd., Suite A-323

West Palm Beach, FL 33406

5.3 As stated in F.S. 255.0516, at time of filing the formal written protest, a Bond, conditioned upon payment of all costs and fees which may be adjudged against the Protestor, must be secured and made payable to the District in an amount equal to $5,000 or one percent (1%) of the lowest accepted

Bid, whichever is greater, for projects valued over $500,000; and five percent (5%) of the estimated cost of construction for all other projects.

5.4 Upon receipt of the Bond and notice of protest which has been timely filed, the OWNER will stop the

Proposal Solicitation process or the Contract Award Process until the subject of the protest is resolved by final OWNER action, unless the OWNER sets forth in writing particular facts and circumstances which require the continuance of the Proposal 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.

5.5 The OWNER, on its own initiative or upon the request of a protestor will provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days (excluding

Saturdays, Sundays and State holidays) of receipt of a formal written protest.

5.6 If the subject of a protest is not resolved by mutual agreement and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to s. 120.57(3). If the hearing is not requested in the Notice of Proposal Protest, it shall be waived. The informal hearing shall be conducted in the presence of the Director of the Purchasing Department as the Superintendent's designee, the legal staff, and any other witnesses deemed appropriate. The protesting party may be present with assistance of counsel and any witnesses he deems appropriate; however, failure to have counsel or witnesses present shall not invalidate the hearing.

ARTICLE 6

LOBBYING

6.1 Lobbying is defined as any action taken by an individual, firm, association, partnership, Joint Venture, syndicate, corporation, and all other groups who, after advertisement of the RFP and prior to the posted Recommendation on Award of Contract, seek to influence the decision of a Board member or

District personnel on the Award of a Contract.

6.2 Proposers and their employees or individuals acting on behalf of the Proposer are hereby advised that

Lobbying is not permitted with any School District employee, School Board members, School District

Advisory Committee member, Evaluation Committee member or other person related to or involved with this RFP until the Recommendation for Award has been posted. Violation shall result in rejection of the Proposal and disqualification of the Proposer from consideration for Award.

6.3 Any proposer who is adversely affected by the Recommended Award may address the School Board at a regularly scheduled Board meeting.

6.4 Any proposer or any individuals that lobby on behalf of proposer during the time specified will result in rejection/disqualification of said Proposal.

6.5 All issues and or questions regarding a Project need to be addressed and resolved through the

Construction Purchasing Department. There shall be no communication between Committee Members, their staff and the prospective Proposers. Committee Members will not be allowed to meet separately and discuss the Project. All oral or written inquiries must be directed through the Construction –

Purchasing Department.

6.6 Any Proposer that is adversely affected by the Recommended Award may address the School Board at a regularly scheduled Board meeting.

SECTION 00700

GENERAL CONDITIONS

INDEX

ARTICLE 1 GENERAL PROVISIONS

1.1 Execution, Correlation and Intent

1.2 Successor and Assigns - Assignability Clause

1.3 Rights and Remedies

1.4 The Specifications

1.5 The Project Manual

1.6 Ownership and Use of Architect’s Drawings, Specifications and Other Documents

1.7 Tests and Inspections

1.8 Capitalization

1.9 Interpretation

1.10 Commencement of Statutory Limitation Period

1.11 School Board Meetings

1.12 Possession of Firearms

ARTICLE 2 OWNER

2.1 Information and Services Required of the OWNER

2.2 OWNER’S Right to Stop the Work

2.3 Default/Neglect/Failure to Complete the Work

ARTICLE 3 CONSTRUCTION…