RFQ_2026_Consultant_Test-Balance-HVAC-Continuing-Services.pdf

School Board of Volusia County Florida Planning & Business Services

3750 Olson Drive, Daytona Beach Florida 32124

Request For Qualifications (RFQ) and Acknowledgement

ADVERTISEMENT DATE: PLANNING & BUSINESS SERVICES CONTACT:

October 30, 2025 Nancy VanDerSchaaf, Planning Technician

Email: PlanningServices@groups.volusia.k12.fl.us Phone: 386-947-8786 Ext. 50835

RFQ TITLE:

Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning

FAC - RFQ NO. 2026-005

SUBMITTAL DUE DATE AND TIME:

December 17, 2025, at 3:00 PM EST

SUBMITTALS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

The School Board of Volusia County, Florida (also referred to as the Board or District), solicits qualified Firms to submit for the above referenced service. All terms, specifications and conditions set forth in this solicitation are incorporated by this reference within your response. Submittals will not be accepted unless all conditions have been met. All submittals must have an authorized signature in the space provided below. To be considered, digital files must be uploaded in VendorLink;

the file shall be combined PDF format as required in the RFQ; status shall be “Submitted”; “Draft” files will not be accepted.

Submittals may not be withdrawn for a period of ninety (90) days after the submittal due date unless otherwise specified.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF TAB 1 IN YOUR SUBMITTAL. SUBMITTALS WILL NOT BE

ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE FIRM.

LEGAL FIRM NAME (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

FIRM NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER:

I CERTIFY THAT THIS SUBMITTAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER FIRM SUBMITTING A SUBMITTAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS RFQ AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFQ

FOR THE FIRM.

TYPED OR

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

EMAIL:

mailto:PlanningServices@groups.volusia.k12.fl.us http://www.sunbiz.org/

Consultant Professional Services

Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning

FAC-RFQ No. 2026-005

REQUEST FOR QUALIFICATIONS

TEST AND BALANCE CONTINUING SERVICES

for HEATING, VENTILATION AND AIR CONDITIONING

TABLE OF CONTENTS

Request for Qualifications (RFQ) and Acknowledgement Table of Contents Legal Notice

I. GENERAL INFORMATION

A. Purpose B. Description C. Minimum Qualifications D. Selection Process

II. SUBMITTAL REQUIREMENTS

A. Submittal Information B. Schedule C. General Information D. Documents

III. EVALUATION CRITERIA

A. Shortlist Scoring and Submittal

Tab 1: Acknowledgement Form, Letter of Introduction, Addenda Acknowledgement and Table of Contents Tab 2: Insurance, Licenses, Certificates and Other Required Forms Tab 3: Location Tab 4: Current Workload Tab 5: Experience Tab 6: Past Performance Tab 7: Project Approach Tab 8: References

ATTACHMENTS

• FAC Document 621E - Standard Form of Agreement Between Owner and Consultant for Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning (Draft)

Legal Notice Request for Qualifications

Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning

Pursuant to Florida Statute 255.103 and 287.055, Consultants' Competitive Negotiations Act (CCNA) and State Requirements for Educational Facilities (SREF), the School Board of Volusia County, Florida hereby publicly announces the need to procure Test and Balance Services for Heating, Ventilation and Air Conditioning on a continuing basis.

A current Certificate of Qualification is required to meet the minimum qualifications necessary to be considered for Test and Balance Services for Heating, Ventilation and Air Conditioning pursuant to this RFQ. The final anticipated Board meeting to certify as a qualified consultant is January 13, 2026. The Application for Certification as a Consultant anticipated deadline is December 15, 2025. Contact Planning & Business Services at (386) 947-8786, or via email at PlanningServices@groups.volusia.k12.fl.us for consultant qualification requirements.

Prospective Firms are encouraged to register for VendorLink. Solicitation information, the RFQ document and all other relevant documents are available in VendorLink at https://www.myvendorlink.com/common/default.aspx.

To be considered, digital file submittals must be uploaded in VendorLink no later than 3:00 PM EST on December 17, 2025; file status shall be “Submitted”, “Draft” files will not be accepted. The submitted file in VendorLink establishes the timely submission for this RFQ.

The School Board of Volusia County, Florida reserves the right to waive any informality in the selection process and to reject any or all submittals in the best interest of the School Board.

Address submittal to:

Nancy VanDerSchaaf, Planning Technician Planning & Business Services 3750 Olson Drive Daytona Beach, Florida 32124

School Board of Volusia County, Florida Jamie M. Haynes, Board Chair mailto:PlanningServices@groups.volusia.k12.fl.us https://www.myvendorlink.com/common/default.aspx

REQUEST FOR QUALIFICATIONS

TEST AND BALANCE CONTINUING SERVICES

for HEATING, VENTILATION AND AIR CONDITIONING

I. GENERAL INFORMATION

A. Purpose

1. This document shall provide the School Board of Volusia County Florida (also referred to as the

Board or District), with Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning, in accordance with Section 255.103 and 287.055 F. S., Consultants' Competitive Negotiations Act (CCNA) and State Requirements for Educational Facilities (SREF), where the method of compensation is a Negotiated Fixed Fee, pursuant to contract provisions.

2. The School Board’s intention is to select multiple Firms for test and balance services.

3. The selected Firm(s) shall provide test and balance services for various projects throughout the

District, on an as-needed basis.

4. Professional continuing services shall be provided in accordance with Section 287.055(2)(g) F. S.

B. Description

1. Test and balance services shall include services as defined in FAC Document 621E, Standard Form of Agreement Between Owner and Consultant, Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning.

2. Test and balance services will be determined based upon specific requirements of the project as determined by the School Board representatives and/or designated architect/engineers that are involved with the project.

3. The location of specific project services to be provided under this contract will be at various District facilities throughout Volusia County, Florida.

C. Minimum Qualifications

1. A current Certificate of Qualification is required to meet the minimum qualifications necessary to be considered for Test and Balance Services for Heating, Ventilation and Air Conditioning pursuant to this RFQ. The final anticipated Board Meeting to certify as a qualified consultant is January 13, 2026. The Application for Certification as a Consultant anticipated deadline is December 15, 2025.

Contact Planning & Business Services at (386) 947-8786, or via email at PlanningServices@groups.volusia.k12.fl.us for consultant qualification requirement.

2. Firm must be registered in the State of Florida per Chapter 471 F. S., to provide professional engineering services.

D. Selection Process

1. Firm selection will be conducted in accordance with Section 287.055 F. S.

2. This Request for Qualifications (RFQ) is the first step in the selection process. A selection committee will evaluate the submittals of interested Firms. A short list of Firms will be identified.

Final ranking will be established by the selection committee which shall constitute its recommendation to the School Board to negotiate with the top ranked Firms to provide Test and Balance Services for Heating, Ventilation and Air Conditioning on a continuing basis.

3. The Selection Committee shall have a minimum of five members appointed by the superintendent/designee and may include representatives from the Facilities Services with experience in planning, engineering, site acquisition, construction, building maintenance and operations; site Administrator; finance representative or designee; a citizen member; and others as deemed appropriate.

4. Planning & Business Services will facilitate the process and be the point of contact for all issues. No attempt shall be made by Firms to contact or influence any committee member directly or indirectly.

The Selection Committee shall score the entire process.

5. Previous test and balance services experience on occupied school campuses is preferred.

6. In the event shortlisted Firms are invited for interview, representatives who will be assigned to the contract must attend the interview as well as any others deemed necessary by the Firm. In accordance with CCNA, the District reserves the right to conduct or not conduct interviews at its sole discretion.

7. The final selection shall be based on the written submittal, responses of references and the interview

(if applicable). Firms shall be ranked in accordance with the CCNA provisions.

8. In accordance with CCNA, the School Board shall negotiate agreements with the top ranked Firms until an agreement has been reached or until impasse.

II. SUBMITTAL REQUIREMENTS

A. Submittal Information

1. To be considered, digital files must be uploaded in VendorLink no later than 3:00 PM EST on

December 17, 2025; status shall be “Submitted”, “Draft” files will not be accepted. The submitted file in VendorLink establishes the timely submission for this RFQ.

2. The School Board reserves the right to request clarification of information submitted and to request additional information.

3. It is the intent of the District to utilize VendorLink to disseminate information for this request to include the RFQ, any/all addenda or subsequent information as applicable.

4. In accordance with Section 120.57(3) F. S., with respect to a protest of the terms, conditions, and requirements contained in the solicitation, including any provisions governing the methods for ranking submittals, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section 120.57(3) F. S., will constitute a waiver of proceeding under Chapter 120, F.S.

5. In accordance with Section 120.57(3)(a) F. S., failure to file a protest within the time prescribed in

Section 120.57(3), F.S. and School Board Policy 702, or failure to post the bond or other security as required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, F.S.; and failure to follow any other requirements in the submittal protest procedures established by the School Board of Volusia County, Florida shall constitute a waiver of all protest rights.

6. Shortlist ratings and award recommendations shall be available via VendorLink.

B. Schedule

1. The Solicitation and Selection Schedule are tentative. Revisions shall be issued in a timely manner by addenda via VendorLink. Addenda shall be acknowledged by Firms within the submittal.

2. Solicitation and Selection Schedule:

SOLICITATION SCHEDULE TIME DATE

a. RFQ Broadcast Date (via VendorLink) October 30, 2025

b. Pre-Submittal Meeting via Teams (Optional) 10:00 AM November 6, 2025

c. RFQ Question Deadline 3:00 PM November 13, 2025

d. Consultant Certification Application Deadline December 15, 2025

e. Submittals Due 3:00 PM December 17, 2025

f. Public Submittal Opening via Teams (Optional) 9:00 AM December 18, 2025

g. Anticipated Consultant Certification Board Meeting (Approval) January 13, 2026

h. Shortlist Committee Meeting 9:00 AM January 23, 2026

i. Anticipated Board Meeting Approval (Notice of Intended Decision) February 10, 2026

j. Anticipated Award of Contract June 23, 2026

3. The submittal opening, shortlist meeting, and interviews (if applicable) will be held at Facilities

Services, 3750 Olson Drive, Daytona Beach, Florida 32124 on the designated dates and times indicated in the schedule above. All visitors to Volusia County Schools facilities are required to check in with the receptionist.

4. Questions regarding this RFQ shall be submitted via VendorLink in the Questions & Answers section of the solicitation. Questions shall be provided a written response by addendum via VendorLink, in the Documents section of the solicitation.

C. General Information

1. Sealed Solicitation Requirements: the “Request for Qualifications (RFQ) and Acknowledgement”, cover sheet of this RFQ must be completed, signed, and returned with the Firm’s submittal. RFQ Acknowledgement shall be signed by a representative authorized to legally bind the Firm to the provisions herein. All responses shall be submitted electronically via VendorLink unless otherwise instructed. Additional submittal requirements may be defined herein. Unless otherwise specified, Firm(s) must use the form(s) furnished by the District. By signing the RFQ Acknowledgement form, the Firm’s authorized representative attests that they fully understand there will be no recourse for negligence or oversight for not doing so. Responses received that fail to comply with these submittal requirements may not be considered.

a. Electronic submittals, as described in this solicitation, are mandatory unless otherwise specified.

Responses must be furnished and uploaded in VendorLink no later than 3:00 PM, EST, on or before the due date specified on the cover sheet of this RFQ, to be considered. Responses shall be organized and shall include necessary information to be in full compliance with the RFQ. The District reserves the right to reject and not consider any submittal that is not submitted in accordance with the RFQ submittal requirements.

b. VendorLink help is available via email at support@evendorlink.com. Support operation hours are 7:00 AM to 9:00 PM, EST.

c. Responses received by any method other than VendorLink shall NOT be accepted unless stated in the special conditions of this RFQ.

2. Firm’s Responsibility: it is the responsibility of the Firm to obtain all pages of the RFQ package and all attachments thereto, together with any addenda to the RFQ package that may be issued prior to the due date and time. Firm(s) are required, before submitting their response, to obtain and carefully examine the RFQ and to completely familiarize themselves with all of the terms and conditions. Ignorance on the part of a Firm will in no way relieve them of any of the obligations and responsibilities which are a part of this RFQ.

3. Submittal opening shall be public at the date and time stated in the RFQ unless otherwise indicated.

4. Responses Received Late: it is the Firm’s responsibility to assure that the submittal is uploaded in

VendorLink by the deadline date and time specified in the RFQ. Any submittal received after the deadline date and time will be rejected regardless of the circumstances.

5. To maintain fairness and transparency throughout the solicitation process, effective immediately, until the recommendation to award is submitted to the Board by the Superintendent, all communication to and from potential Firms must flow through VendorLink prior to the close of the solicitation. Communication after the close of the solicitation must flow through Planning & Business Services via email to PlanningServices@groups.volusia.k12.fl.us. Failure to do so may be cause for rejection of the Firm’s submittal and consideration of the Firm under this RFQ.

6. The contract shall provide the School Board of Volusia County Florida with continuing services for an initial two-year term; the School Board reserves the right to renew the contract for a period not to exceed three (3) additional, one (1) year terms, not to exceed applicable law, and contingent upon mutual agreement. Renewals must be submitted in writing with the signature of the awarded Firm’s Authorized Representative. Renewals are contingent upon satisfactory performance evaluations by District representatives, are subject to the availability of funds, and current qualifying documentation as provided to the District. The School Board of Volusia County Florida intends to award multiple contracts to provide Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning as deemed to be in the best interest of the District.

7. This RFQ does not commit the School Board to award a contract. The School Board is not responsible for any cost or expense incurred by any Firm in preparing and submitting a reply; nor for any cost or expense incurred by any Firm prior to the execution of a contract.

8. By responding to the RFQ, the Firm acknowledges carefully reviewing the entire RFQ, including appendices and addenda, and furthermore specifically agrees that the terms expressed in the RFQ are acceptable without reservation.

9. Submittals become the property of the School Board of Volusia County Florida.

10. By submitting a response, the Firm agrees to comply with all applicable federal, state, and local statutes and regulations.

11. Jessica Lunsford Act – House Bill 1877: The state of Florida has passed a law stating that ALL Bidders visiting a school campus shall be in compliance with Florida House Bill 1877; the Jessica Lunsford Act, effective September 1, 2005, amended July 2007. The requirements of this Act can be viewed on the District’s web site, Jessica Lunsford Act (JLA) Volusia County Schools (vcsedu.org).

mailto:support@evendorlink.com

12. Pursuant to Section 119.0701 F.S., “Contractors” as defined by statute that enter into a contract for services with the District and are acting on behalf of the District are required to comply with public records laws and to specifically:

a. Keep and maintain public records required by the District to perform the services.

b. Upon request from the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

and

c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the District; and

d. Upon completion of the contract, transfer, at no cost, to the District all public records in possession of the contractor or keep and maintain public records required by the District to perform the service. If the contractor transfers all public records to the school District upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT:

CUSTODIAN OF PUBLIC RECORDS

(386) 734-7190 Ext. 20110 or 20138

PUBLICRECORDSREQUEST@VOLUSIA.K12.FL.US,

200 NORTH CLARA AVE., DELAND FLORIDA, 32720.

f. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this agreement and the School Board of Volusia County, Florida may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract.

13. The District is governed by the Public Records Law, Chapter 119, F. S. Only trade secrets as defined by Florida Statute, and financial statements may be exempt from disclosure. Any such confidential materials shall be segregated and clearly marked as “Confidential” and shall be provided to the District at the same time the Firm submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

14. In accordance with Section 287.135 F. S., the School Board reserves the right to reject any or all offers, to waive informalities, and to accept all or any part of any offer as may be deemed to be in the best interest of the School Board “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 F. S., is ineligible for, and may not bid on, submit a proposal for or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 F.S. defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or mailto:PUBLICRECORDSREQUEST@VOLUSIA.K12.FL.US business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a Firm certifies that it and those related entities of Firm as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 F.S.

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

D. Documents

1. To facilitate analysis of the qualifications package, the Firm shall prepare its qualifications package in accordance with the instructions outlined in this section.

2. A digital file must be uploaded in VendorLink no later than 3:00 PM, EST on December 17, 2025;

status shall be “Submitted”, “Draft” files will not be accepted. File shall be combined PDF format as required in the RFQ, Section III. Evaluation Criteria, organized by tab with corresponding bookmarks for navigation.

3. The digital PDF file submittal shall be compatible for potential printing, utilizing letter size (8.5 x 11) pages, single-spaced, minimum font size of 10-point with one inch (1”) margins top and bottom and three-quarter inch (3/4”) side margins. Pages shall be numbered sequentially with section Tabs;

maximum number of pages not to exceed sixty (60), excluding the cover, RFQ Acknowledgement form, any addenda, and section tabs.

4. Legible tables, charts, graphs, and figures may be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans, etc. These displays shall be legible and uncomplicated.

5. The District retains the right to waive any minor irregularity, or requirement should it be judged in the best interest of the District.

III. EVALUATION CRITERIA

A. Shortlist Scoring and Submittal Criteria

1. Firms will be scored by Selection Committee members using Adjectival Rating of 0 – 5 multiplied by the weighted value assigned to each tabbed section, as defined here:

0 = Unsatisfactory: non-responsive to the criteria requirement.

1 = Marginal: fails to meet evaluation criteria; lacks essential information to support proposal; contains significant weaknesses.

2 = Satisfactory: proposal is slightly below standard for evaluation; for the most part complies with standards.

3 = Meets Expectations: meets performance standards; may contain weaknesses which are insignificant and correctable.

4 = Exceeds Expectations: beneficially exceeds requirements; meets standards;

comprehensive and complete without significant weaknesses; may lack some strengths, however, generally meets performance standards.

5 = Outstanding: beneficially exceeds standards; meets criteria without weaknesses or deficiencies; submittal is innovative, comprehensive and complete; meets or exceeds all performance standards.

2. It is the intent of the District to select a Firm with prior educational project experience. Firms will be evaluated not only on prior experience but also on their ability to address issues critical to the success of a Project, as outlined in this RFQ. The following must be submitted (in order by Tab) and are elements that will be used to evaluate the Firm’s qualifications.

Tab 1: Request for Qualifications (RFQ) Acknowledgement form, Letter of Introduction, Addenda Acknowledgement and Table of Contents (non-scored)

1. Request for Qualifications (RFQ) Acknowledgement form must be completed and signed by an authorized agent of the Firm.

2. A Letter of Introduction, including a brief history of the company, project team location, corporate structure, and the length of company's existence. Include the name, title, email and phone number of the person responsive for the Firm for this RFQ. Provide the specific office location where services will be provided to the District. Address the letter to Nancy VanDerSchaaf, Planning Technician, Planning & Business Services.

3. Addenda Acknowledgements must be complete to include the signature of the Firm representative.

4. Table of Contents must be inclusive of each tab section within the submittal.

Tab 2: Insurance, Licenses, Certificates and Other Required Forms (non-scored)

1. Provide evidence of General Liability, Workers’ Compensation and Automobile Liability Insurance coverage, or proof of insurability for limits not less than $1,000,000. If available, a properly completed ACORD Form is preferable.

2. Provide a copy of the Firm’s current Certificate of Qualification as approved by the School Board of

Volusia County Florida. Firms in the process of qualifying as a consultant with the School Board shall include a letter stating such. Status of the Firm’s ability to certify at the anticipated January 13, 2026, Board meeting shall be confirmed by Planning & Business Services as part of shortlisting.

3. Provide a copy of the Firm’s Business Occupational License and all applicable current State of Florida professional registration license renewals for the Firm and Firm’s key professional personnel.

Firm shall be properly registered to practice in the State of Florida with the appropriate state board governing the services offered.

Tab 3: Location (weighted value 5)

1. Due to the nature of a continuing services contract the Firm’s physical distance to the school district will have bearing on the selection.

2. Provide addresses, phone numbers and designated personnel emails for Firm’s office locations.

Tab 4: Current Workload (weighted value 15)

1. As part of the evaluation criteria, the Committee will review the Firm’s current workload provided in the submittal. List each project and fee amount currently under contract.

2. Describe how the Firm will meet its current contracted obligations and the District’s continuing services contract, if selected.

Tab 5: Experience (weighted value 35)

1. Time in Business A. Length of time the Firm has been in business under current or any previous name.

2. Similar Contract Work

A. List Owner’s which the Firm provided test and balance services on a continuing basis.

3. Current Professional Staff Personnel Resumes A. Firm shall provide detailed organizational chart.

B. Provide resumes of key personnel, respective roles and function, education, training and experience in test and balance services. Identify and highlight test and balance services experience as related to educational facilities. Example of such detail:

a. Name and title

b. Job assignment for other projects

c. Number of years with this Firm

d. Number of years with other Firms

e. Education

f. Active registrations and certifications

g. Other experience and qualifications that are relevant to test and balance services.

h. Provide supporting office location(s), address(es), email(s) and telephone number(s).

Tab 6: Past Performance (weighted value 25)

1. List all contracts the Firm has provided test and balance services in the past five (5) years. The services shall be sufficiently comparable so that the District’s Selection Committee may conclude the Firm is familiar with and capable of handling test and balance services on a continuing basis.

Preference will be given to K-12 contracted services.

2. List contracts in priority order with the most relevant contract first. For each contract, provide the following information:

a) Contracted name of Owner

b) Owner’s representative name, address, email and phone number

c) Identify the Firm’s key personnel assigned on each project

d) Describe scope of services and relevance to this RFQ

e) Differentiate the Firm’s test and balance services experience from individual staff experience by identifying an individual’s experience (gained at other Firms) separately from the Firm’s experience.

This section should be clearly subdivided as follows:

1) Project Experience with Firm

2) Project Experience with other Firms

3. Describe in detail any projects within the last three (3) years where cancellations of contract or termination of contract were imposed, sought to be imposed, threatened, or filed against the Firm.

4. Identify all litigation in which the Firm has been a party to legal action (including arbitration, administrative proceedings, etc.) or lawsuits during the last five (5) years involving a client for claims in excess of $100,000.00. Include a brief description of the dispute and its current status.

Tab 7: Project Approach (weighted value 20)

1. Explain the Firm’s approach to task management to include reporting to the Owner’s Representative, and/or Project Management Team.

2. Firm shall present a plan setting forth the approach for implementing and carrying out the required services to include information management systems, document control, records management, and test reporting.

3. Firm shall describe how the proposed organizational structure will ensure orderly communications, distribution of information, effective coordination of activities, and accountability.

Tab 8: References (non-scored)

1. Provide a minimum of three (3) reference letters from Owner Representatives for projects that the Firm has provided / is providing Test and Balance Services for Heating, Ventilation and Air

Conditioning for public K-12 facilities that are similar in scope to this RFQ. Reference letters shall be current, dated within three (3) years of this solicitation. The reference letter from the Owner Representative must be provided on company letterhead, and include details regarding the Firm’s role and level of service provided. Letters from Volusia County school staff shall not be considered.

If information is available for previous test and balance services experience with Volusia County Schools, District staff will provide it.

The remainder of this page intentionally blank.

FAC Document 621E

SCHOOL BOARD OF VOLUSIA COUNTY FLORIDA

Initial FAC Document 621E – Test and Balance Continuing Services for HVAC

/ Consultant Page 1 of 9

STANDARD FORM OF AGREEMENT BETWEEN OWNER and CONSULTANT Test and Balance Continuing Services for Heating, Ventilation and Air Conditioning

Various Projects County Wide, for a Two-Year Term

AGREEMENT

made as of the day of in the year of

BETWEEN the OWNER:

The School Board of Volusia County Florida 200 North Clara Avenue DeLand, Florida 32720

Document mailing address: 3750 Olson Drive, Daytona Beach Florida 32124 and the CONSULTANT:

(Name and address) for the following SERVICE:

Test and Balance Services for Heating, Ventilation and Air Conditioning Continuing Services Various Projects County Wide Two-Year Term

The Owner and Consultant agree as set forth below.

/ Consultant Page 2 of 9

TABLE OF ARTICLES

1 CONTRACT

2 SCOPE OF CONSULTANT’S BASIC SERVICES

3 ADDITIONAL SERVICES

4 OWNER'S RESPONSIBILITIES

5 TIME AND ORDER OF CONSULTANT’S SERVICES

6 PAYMENTS TO THE CONSULTANT

7 CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA)

8 CONTRACT REPRESENTATIVES

9 OWNERSHIP OF DOCUMENTS

10 INSURANCE

11 CONSULTANT’S RESPONSIBILITIES

12 PROHIBITION AGAINST CONTINGENT FEES

13 TERMINATION

14 LITIGATION AND MEDIATION

15 EXTENT OF AGREEMENT

16 CONSULTANT’S RECORDS

17 OTHER TERMS, CONDITIONS OR SERVICES

ARTICLE 1 CONTRACT

1.1 OWNER’S INTENT

1.1.1 The Owner desires to obtain from the Consultant professional services necessary for test and balance services for heating, ventilation and air conditioning (HVAC) as required by the Owner from time to time for the duration of this Agreement in Volusia County Florida.

1.1.2 The Owner does hereby contract with the Consultant for a term of two (2) years, expiring the thirtieth day of June of the second year from the date above, to perform the above-described services, and other required professional services on an as-needed basis, as designated, authorized and or assigned by the Owner, and the Owner agrees to compensate the Engineer for such services in accordance with the provisions contained in this Agreement.

1.1.3 The Owner may, at the Owner's option, at a regular or special board meeting, renew this Agreement in single year increments not to exceed applicable law.

1.1.4 It is understood that the primary intent of this document is to assure that the Owner has the Consultant "on call" with prior, mutually agreed upon conditions of service, and that the Owner has complied with all requirements of the Consultants Competitive Negotiations Act (CCNA), in the selection of the Consultant and in negotiations for this Agreement.

1.1.5 The Consultant acknowledges that it has a professional duty of care in the performance of its duties under this Agreement.

ARTICLE 2 SCOPE OF CONSULTANT’S BASIC SERVICES

2.1 BASIC SERVICES

2.1.1 The Consultant's basic services consist of all services necessary to provide HVAC testing and balancing services as assigned in writing by the Owner. Such services shall include, but not be limited to, necessary conferences, investigations, inspections, observations, and documentary reports.

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2.1.2 The Test and Balance Agency executing this work shall have a current certificate of qualification from Associated Air Balance Council (AABC), or from National Environmental Balance Bureau (NEBB), or, in lieu thereof, shall be qualified as follows:

.1 The supervisor directly in charge of this testing shall have a certificate of qualification as above, or shall be a Registered Engineer in the State of Florida with competence in this specific area and shall have not less than two years of experience in test and balance work; and

.2 The organization shall have an experience record of two years minimum and shall show results of completed test and balance work on at least one job of similar size and scope to the work herein; and

.3 The organization shall demonstrate ownership of suitable instruments for air and water and sound testing and system performance and data sheets and reporting forms; and

.4 The Contractor shall agree to carry out the test and balance as set forth in the NEBB or AABC National Standards for Field Measurements and Instrumentation.

2.1.3 These services are required to verify that materials and workmanship, used on various construction projects, meet the architect's and engineer's plans and specifications.

2.1.4 The Consultant shall prepare and submit three certified copies of the final reports on applicable NEBB or AABC Reporting Forms for approval of testing results, observations, inspections, and investigations. Each individual final Reporting Form submitted shall bear the name of the person who recorded the data and the applicable seal. Include identification of all types of instruments used and their latest dates of calibration with the Final Reports. Note any and all discrepancies in design flows on the Report Forms. A summary of all discrepancies shall be in the beginning of the report. These services shall determine whether the materials and workmanship tested or inspected comply with the project's plans and specifications, Florida State Board of Education, Administrative Rules, State Requirements for Educational Facilities (SREF), applicable laws and other regulations applicable to each Project.

2.1.5 The Consultant shall distribute written reports to the Owner in a timely manner.

2.1.6 The Consultant's area of responsibility shall include any or all of the Owner's existing and future facilities located in Volusia County Florida.

2.1.7 The Consultant shall guard the Owner against deficiencies in the work of other professionals, but the Consultant does not guarantee the performance of the Contract by other design professionals.

2.1.8 The Consultant shall guard the Owner against deficiencies in the work of the contract, the Contractor's testing agent, equipment suppliers, and other professionals, but the Consultant does not guarantee the performance Contracted by others. The Consultant does not guarantee that any system can be balanced.

2.1.9 The Consultant shall return existing insulation, duct and piping altered during the Consultant’s services, to original condition.

ARTICLE 3 ADDITIONAL SERVICES

3.1 GENERAL

3.1.1 When approved in writing by the Owner the Consultant may perform additional services under this Agreement.

3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES

3.2.1 Unless otherwise included in Basic Services, the following services are considered to be additional services and are not included in the basic services:

.1 Test and Balance services as may be required by the Owner to correct a system deficiency.

Provision of services of consultants which have been approved in advance by the Owner for other than the normal test and balance services.

.2 Provision of additional services made necessary by default of the contractor.

.3 Provision of additional services made necessary by changes in the scope of work as directed by the Owner.

.4 Prepare to serve or serving as an expert witness when requested by the Owner in connection with any public hearing or legal proceeding.

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.5 Provide consultation concerning replacement of any work damaged during construction and furnish services as may be required in connection with the replacement of such work.

.6 The Consultant shall prepare a written report of the review of plans and specifications, when applicable. This written report shall be delivered to the Owner's representative within fourteen

(14) calendar days after receiving the plans and specifications. The written report shall contain a list of deficiencies with recommended corrections.

ARTICLE 4 OWNER'S RESPONSIBILITIES

4.1 The Owner shall provide full information regarding its requirements for each Project.

4.2 In order to avoid unreasonable delay in the Consultant's work the Owner shall render decisions within fourteen (14) days pertaining to written requests, submissions or proposals of the Consultant.

4.3 The Owner shall furnish information required, as expeditiously as possible for the orderly progress of the work.

4.4 The Owner shall have the option to employ or retain inspectors or independent consultants as deemed appropriate. The Consultant shall cooperate and provide information to the inspectors and consultants. The retention of such consultants and inspectors shall not relieve or modify the Consultant's responsibilities and shall be solely for the benefit of the Owner.

4.5 The Consultant shall be furnished engineering calculations when, in the opinion of the Consultant, the review of calculations done by other design professionals would reduce the time to complete the test and balance.

ARTICLE 5 TIME AND ORDER OF CONSULTANT’S SERVICES

5.1 GENERAL

5.1.1 The Consultant shall provide the required services with necessary documentation herein required in such sequence and at such times as may be necessary for the prompt execution of the work of each Project. A monthly status report shall be submitted to the Owner.

5.1.2 The Consultant shall be evaluated by the Owner after each Project, and or at the end of the term of this agreement, at the Owner’s discretion. The results of this evaluation may be considered at future test and balance firm selections. A copy of the evaluation will be available to the Consultant after its completion.

ARTICLE 6 PAYMENTS TO THE CONSULTANT

6.1 GENERAL

6.1.1 The Owner shall pay to the Consultant for the Consultant's services under this Agreement.

6.2 CONSULTANT’S FEE

6.2.1 The Consultant shall submit a written Estimate of Fee to the Owner prior to performing the work. The Estimate of Fee shall include costs for all categories of work for each Project. The Owner shall pay the Consultant, for services under this Agreement, full compensation as required for each Project:

.1 Should any requirement be made by a representative of the Owner at any time, the nature of which requirement, in accordance with the best professional opinion of the engineer, is such that would result in costs exceeding the estimated fee, or the consultant determines the actual fee exceeds the estimated fee, the consultant shall immediately advise the Owner thereof in writing.

.2 The Owner shall pay the Consultant’s fee when the Consultant has prepared and delivered to the Owner a written report listing deficiencies with recommended corrections.

.3 The Consultant's printing expense, beyond basic services, shall be reimbursed at the direct cost of printing. The Consultant shall submit copies of the printing invoices along with the Consultant's invoice. Reports shall be included in the basic fee.

6.3 ADDITIONAL SERVICES

6.3.1 Fees for additional services, if required, shall be approved by the Owner in advance in writing and shall indicate the number of professional hours of service by job category plus any additional charge.

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6.3.2 Fixed hourly rates:

.1 Principal $ .2 Sr. Field Technician $ .3 Technician $ .4 Clerical $ Modify the list of potential additional services above to reflect actual staffing.

6.3.3 Rates shall be agreed to by the Owner and Consultant at the time the work is requested. Rates shall be approved by the Owner, in writing, prior to the commencement of the work.

ARTICLE 7 CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA)

7.1 If the total fee paid to the Consultant exceeds the amount provided in Section 287.017(1)(d), Florida Statutes, Category Four, the following provisions of the Consultant's Competitive Negotiation Act, Section 287.055(5)(a), Florida Statutes, shall apply.

.1 The Consultant shall execute and furnish to the Owner a “Truth-in-Negotiation Certificate”, stating that wage rates and other factual unit costs supporting compensation are accurate, complete, and current at the time of executing this Agreement.

.2 The Owner will furnish the "Truth-in-Negotiation Certificate" form to the Engineer upon request.

.3 Should the Owner determine the contract amount was increased due to inaccurate, incomplete or non-current wage rates and other factual costs, the original contract amount and any additions thereto shall be adjusted to exclude any such sums.

ARTICLE 8 CONTRACT REPRESENTATIVES

8.1 OWNER’S REPRESENTATIVES

8.1.1 The Owner's representative is the Superintendent or designee. The designee is authorized to act in the Owner’s behalf, herein referenced as the Owner, with respect to each Project.

8.2 CONSULTANT’S REPRESENTATIVE

8.2.1 The Consultant’s authorized representative is . Any change in representation must be approved by the Owner.

ARTICLE 9 OWNERSHIP OF DOCUMENTS

9.1 All final documents prepared by Consultant shall be the property of the Owner.

ARTICLE 10 INSURANCE

10.1 The Consultant shall purchase and maintain the following insurance for the life of this contract.

10.1.1 Worker’s Compensation

.1 Statutory

10.1.2 General Liability

.1 Bodily Injury:

$1,000,000 per Claimant $1,000,000 per Incident

.2 Property Damage:

$1,000,000 per Claimant $1,000,000 per Incident

.3 Personal Injury, with Employment Exclusion deleted: $1,000,000 annual aggregate

10.1.3 Automobile Liability

.1 Bodily Injury:

$1,000,000 per Claimant $1,000,000 per Incident

.2 Property Damage:

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$1,000,000 per Claimant .3 The insurance carrier shall provide the Owner with a certificate evidencing that all of the specified insurance is in force.

ARTICLE 11 CONSULTANT’S RESPONSIBILITIES

11.1 The Consultant will provide copies of all contracts with the Consultant’s consultants to the Owner. The Consultant will also provide copies of insurance certificates. The Consultant further agrees to provide copies of additions or revisions, as they occur, to the contracts and insurance certificates.

11.2 The Consultant shall be acting as an independent contractor at all times during the performance of Consultant’s services. No provision of this Agreement shall create an employment or agent relationship between the parties.

11.3 INDEMNITY

11.3.1 The Consultant hereby indemnifies and holds harmless the Owner, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and persons employed or utilized by the Consultant in the performance of this contract.

ARTICLE 12 PROHIBITION AGAINST CONTINGENT FEES

12.1 The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement and that the Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at Owner's discretion, to deduct from this Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

ARTICLE 13 TERMINATION

13.1 Time is of the essence in this Agreement. Upon failure of the Consultant to perform services herein provided or within the time limits herein provided or subsequently agreed upon, the Owner may terminate this agreement provided written notice of such failure is first given to the Consultant and such failure is not corrected within ten (10) days thereafter. The Consultant shall be paid for services performed to the date of receipt of notification of termination. However, the Owner shall not be required in such case to pay for work done on plans not completed and provided in a timely manner. The inclusion of this termination right in this agreement shall not bar the Owner from seeking other remedies, including damages, due to the Consultant ‘s failure to perform.

13.2 The Owner may terminate this Agreement upon not less than seven (7) days written notice to the Engineer for the Owner’s convenience and without cause.

13.3 If this Agreement is terminated by the Owner for any reason other than failure of the Consultant to comply with the Agreement stipulations, then payment shall be made to the Consultant for all work performed to date of termination. Any termination under this paragraph shall be at the Owner’s discretion and shall be deemed a termination for convenience.

ARTICLE 14 LITIGATION AND MEDIATION

14.1 Claims, disputes or other matters in question between the parties to this Agreement shall be first subject to pre-suit mediation prior to the filing of any legal claims or litigation. Completion of pre-suit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Agreement. Failing agreement of the parties on the selection of a mediator and the date of mediation, mediation shall be conducted pursuant to the Mediation Rules of the American Arbitration Association. The laws of the State of Florida shall govern this Agreement. Any legal actions arising from disputes, claims or other matters in question between the parties to this Agreement shall be brought to a state court located in Volusia County Florida, for their resolution. THE PARTIES HEREBY EXPRESSLY WAIVE VENUE IN THE FEDERAL

COURTS OF THE UNITED STATES AND WAIVE TRIAL BY JURY.

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ARTICLE 15 EXTENT OF AGREEMENT

15.1 This Agreement represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.