Asbestos Environmental Services Consultant Continuing Contract

THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA AGREEMENT BETWEEN OWNER AND CONSULTANT FOR CONTINUING CONTRACT FOR PROFESSIONAL SERVICES ANNUAL CONTRACT FOR: OWNER: CONSULTANT: ASBESTOS ENVIRONMENTAL CONSULTING SERVICES ON A CONTINUING CONTRACT BASIS RFQ NO. 10-21/TW THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA 1701 PRUDENTIAL DRIVE JACKSONVILLE FL 32207-8182 (904)390-2279 (904)390-2265 (FAX) www.duvalschools.org GLE ASSOCIATES, INC. 5405 CYPRESS CENTER DRIVE, SUITE 110 TAMPA, FL 33609 1.1 12 1.3 AGREEMENT FOR ASBESTOS ENVIRONMENTAL CONSULTING SERVICES ON A CONTINUING CONTRACT SERVICES THIS AGREEMENT made effective April 1, 2021, and is by and between The School Board of Duval County, Florida, a political subdivision of the State of Florida (the OWNER), GLE Associates, Inc., a Florida corporation, 5405 Cypress Center Drive, Suite 110, Tampa, FL 33609, Federal I.D. No. 59-2975164 (the CONSULTANT) for continuing annual

contract services in accordance with s. 287.055, Florida Statutes. Whereas, the OWNER issued RFQ No. 10-21/TW dated October 22, 2020, together with Addendum No. | dated November 13, 2020, Addendum No. 2 dated November 16, 2020, and Addendum No. 3 dated November 18, 2020 (collectively, the RFQ), obtaining the credentials of prospective services for Asbestos Environmental Services Consultant Continuing Contract (herein referred to as the RFQ, the terms and conditions of which are incorporated herein by this reference). Whereas, the CONSULTANT submitted its qualifications based on the scope set forth in the RFQ and the OWNER deemed the CONSULTANT to possess the skills and responsibility to render the services (herein the CONSULTANTs Proposal, the terms and conditions of which are incorporated herein by this reference). Whereas, the OWNER intends to periodically implement specific designated projects in the disciplines shown on the cover page of this Agreement; and that any and all projects implemented under this Agreement shall be those having estimated construction costs and/or study fees not exceeding the monetary threshold amounts provided in 287.055(2)(g), Florida Statutes. The CONSULTANT'S key personnel shall be as prescribed in the attached Exhibit A, which Exhibit A by reference and attachment hereto forms a part of this Agreement. The CONSULTANT shall not deviate from these key personnel without first obtaining the written consent of the OWNER. NOW THEREFORE, the OWNER and the CONSULTANT, for the considerations hereinafter set forth, agree as follows: ARTICLE 1 EXTENT OF AGREEMENT The CONSULTANT accepts the relationship of trust and confidence established between itself and the OWNER by this Agreement. The CONSULTANT covenants with the OWNER to perform its services using that degree of skill and care ordinarily exercised by reputable members of consultants profession performing similar services under similar conditions and to cooperate in furthering the interests of the OWNER. The CONSULTANT agrees to exceptional business administration and superintendence and use of the best efforts industry wide to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the OWNER. The CONSULTANT agrees to provide professional services for each specific designated project as hereinafter set forth when activated in writing by the OWNER. The CONSULTANTs contract documents for these services shall consist of this Agreement form and the OWNERs written authorization(s)/activation(s). This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both the OWNER and the CONSULTANT. This agreement shall remain in force for one (1) year, or for a period that may reasonably be required to finish any projects authorized prior to this date, including any extra work or extensions thereto. At the OWNER's option this Agreement may be extended by one year, for a maximum of four (4) one (1) year extensions. This Agreement does not guarantee that any Project work shall be issued to the CONSULTANT by the OWNER. Definitions: A. CONSULTANT'S contract documents - Shall consist of this Agreement form, the RFQ, the CONSULTANT proposal, and written Authorization(s)/Activation(s) issued by the OWNER for specific designated project(s). B. Project(s) - Shall be the total work to be performed as outlined under this Agreement pursuant to the written Authorizations issued by the OWNER. The Project(s) will consist of items covered in the scope of services detailed in Article 3. Scope of Services - The CONSULTANTS Basic Services shall be as described in the RFQ, including those described in Article 3 as part of Basic Services, and including: 3-year AHERA Resurveys; 6-Month Surveillance Updates; demolition surveys, abatement design and associated air-monitoring; bulk sampling; database maintenance; and other miscellaneous asbestos related projects, as well as services of any specialty consultants included as part of the Project Team on the CONSULTANTS Professional Qualification Supplement, when applicable. D. OWNER - The School Board of Duval County, Florida, acting through its superintendent his designee, the Executive Director, Facilities, Engineering, Design and Construction. E. Contractor - A General Contractor, Asbestos Contractor or Construction Manager hired by the OWNER. OWNERs Representatives - The Project Manager, his supervisors or designees. G. Project Manager - The person designated by the OWNER to provide direct interface with the CONSULTANT with respect to the OWNER'S responsibilities. Code Inspections: The Office of Building Code Enforcement, The School Board of Duval County, Florida, 1701 Prudential Drive, Jacksonville, Florida, 32207, Telephone (904) 390-2150. The Office of Building Code Enforcement is responsible for code inspections on projects administered by the Owner. I. Estimate: The CONSULTANT?S latest estimate of probable Project construction cost. J. Purchase Order - An accounting document generated by the OWNER provided to a contractor or vendor. The terms and conditions of the contract documents, except as expressly and clearly modified by the OWNER, shall be incorporated by reference in any purchase order. Owner's Construction Budget: Owner's budgeted funds for design and construction of a Project per the Activation. L. OFEDC - Office of Facilities, Engineering, Design and Construction M. Activation and/or Authorization - A written document and/or email issued by the OWNER to the CONSULTANT identifying the scope of services under this Agreement to be performed by the CONSULTANT for a specific designated project(s). N. Documents - Deliverables issued by the CONSULTANT to the OWNER that include, but are not limited to: abatement reports, drawings, laboratory results, building and/or demolition surveys, photographs, Re-surveys and surveillance, etc. ARTICLE 2 COMPENSATION The OWNER agrees to pay the CONSULTANT as compensation for its services for each specific designated project as hereinafter set forth in the written Authorization from the OWNER. The OWNER agrees to compensate the CONSULTANT for completed work as per the fee schedule detailed in Exhibit B. ARTICLE 3 CONSULTANT BASIC SERVICES THE CONSULTANT AGREES TO PROVIDE BASIC PROFESSIONAL SERVICES FOR THE PROJECT AS HEREINAFTER SET FORTH. 3.1 The owner employs the Consultant and the Consultant agrees to perform or provide the following professional services as requested by the owner on an as-needed basis consisting of: 3.1.1 Asbestos Removal: 3.1.2 3.13 3.1.4 3.1.7 3.1.8 318 a. The Consultant shall prepare plans and specifications which will enable the owner to obtain competitive bid proposals for asbestos removal at specific sites. The documents will be prepared in the form of a project manual and will contain the following: (1) Bid Documents (2) General Conditions (3) Supplementary General Conditions (4) Technical Specifications (5) Applicable Forms (6) Drawings b. The Consultant shall perform Contract Administration on the project and be present at the pre-bid, preconstruction and progress meetings required during the execution of the project. c. The Consultant shall sample air prior to and during asbestos removal and the ensuing cleaning phase. Air monitoring shall be performed to allow comparison of results for compliance with all applicable regulations. Results of the air samples collected concurrently with the removal operations shall be used as indicator of the effectiveness of the contractors removal procedures. The sampling methods used shall be as described in the Occupational Exposure to Asbestos (29 CFR Part 763.90), and further described in the Asbestos Hazard Emergency Response Act (AHERA) - (40 CFR Part 763.90 Subpart E). The CONSULTANT will also be required to concurrently maintain the associated DATA BASE within the scope of these projects. Air monitoring shall not include OSHA compliance sampling for asbestos abatement contractor. Building/Demolition Surveys: The Consultant shall, upon request, perform asbestos building and/or demolition surveys including sampling and analysis of materials for asbestos content. All such survey work shall be performed in accordance with the AHERA (40 CFR Part 763.90 Subpart E). Air Monitoring: The Consultant shall, upon request of the owner, sample air for the presence of asbestos fibers prior and during asbestos abatement projects. Air monitoring shall be performed to allow comparison of results for compliance with all applicable Federal and State regulations. The sampling methods used shall be as described in the AHERA (40 CFR Part 763.90 Subpart E), and further described in the Occupational Exposure to Asbestos (29 CFR Part 763.90). Air monitoring shall not include OSHA compliance sampling for asbestos abatement contractor. 3-Year AHERA Resurveys & 6-Month AHERA Surveillances: The Consultant shall, upon request of the owner, perform both 3-Year AHERA Resurveys and 6-Month AHERA Surveillances. The Consultant will be required to concurrently maintain the associated DATA BASE within the scope of these projects. The Consultant shall, throughout the term of the contract, maintain any License as required pursuant to Chapter 455, Florida Statutes and comply with all local and state federal laws. The Consultant and/or employees representing the Consultant, performing AHERA Inspections/Re-inspections and Management Planning, shall maintain required certifications in compliance with all applicable Federal and State regulations. Any laboratory used by the Consultant shall maintain proper accreditation as required to comply with all applicable Federal and State regulations. The Consultant shall provide documentation of all licensure and/or accreditation as part of any and all reports produced under this contract. The Consultant shall be willing to provide appropriate emergency response as required by the owner. 3.1.10 The presence of the Consultants field personnel, either full-time or part-time, shall be for the purpose of observation of 3.2. field testing of specific aspects of each project as authorized by the owner. Shoulda contractor, not retained by the Consultant, be involved in the project, it is agreed that the Consultants services do not include supervision or direction of the contractor and/or his employees. Additional Requirements: 3.2.1 3.3 3.3.1 3.3.2 3.3.3 4.1 4.2 43 44 4.5 4.6 4.7 5.1 52 The Consultant may be requested to perform other environmental consulting services (where appropriately certified and/or licensed) based on negotiated hourly rates and written authorization by the owner. Deliverables: The CONSULTANT shall furnish two (2) hard copies and one (1) electronic copy of all submitted documents. The CONSULTANT shall signify his responsibility for the submitted documents prepared pursuant to this Agreement by affixing his signature, date and seal (when appropriate) as required Florida Statutes. Additionally, the CONSULTANT may be requested to perform Industrial Hygiene and/or Environmental consulting services (where appropriately certified and/or licensed) based on negotiated hourly rates and written authorization by the owner. ARTICLE 4 OWNER RESPONSIBILITIES The OWNER shall provide information as to the requirements of the Project. The OWNER shall designate representatives authorized to act on its behalf. The OWNER shall examine documents submitted by the CONSULTANT and render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the CONSULTANT's work. The CONSULTANT shall observe the procedure of issuing orders to contractors only through the CONSULTANT. The OWNER shall furnish or direct the CONSULTANT to obtain, at the OWNER's expense, a certified survey of the site giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the building site; locations, dimensions and complete data pertaining to existing buildings; other improvements and trees; full information as to available _ service and utility lines, both public and private; and test borings and pits necessary for determining subsoil conditions. The OWNER shall furnish or direct the CONSULTANT to obtain, at the OWNER's expense, a certified survey of the site giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the building site; locations, dimensions and complete data pertaining to existing buildings; other improvements and trees; full information as to available _ service and utility lines, both public and private; and test borings and pits necessary for determining subsoil conditions. The OWNER shall arrange and pay for such legal, auditing and insurance counseling services as may be required by the OWNER for the Project. If the OWNER or the CONSULTANT observes or otherwise becomes aware of any defects in the Project, they shall give prompt written notice thereof to each other and the Contractor. If the Estimate of Probable Project Construction Cost or the Detailed Cost Estimate or the lowest bona fide proposal is in excess of any budget stated in the Activation, the OWNER may give written approval of an increase in the budget or the CONSULTANT shall cooperate in revising the project scope or quality, or both, to reduce the cost as required. ARTICLE 5 COST OF REPRODUCTION AND REIMBURSABLE EXPENSES The Cost of Reproduction for the documents called for in this agreement will be paid by the OWNER. The CONSULTANT shall deliver original documents to the OWNER's contract printing service. Reimbursable Expense includes actual expenditures, not exceeding the limits of 112.061 of the Florida Statutes, made by the CONSULTANT in the interest of the Project for the following incidental Expenses. All reimbursable expenses require previous written authorization from the OWNER. Examples of reimbursable expenses include: Expense of transportation and living of principals and employees when traveling in connection with services other than those defined in Article 3 above; and fees paid for securing approval of authorities having jurisdiction over the project; Overtime; and Fees of special 6.1 71 7.1.6 8.1 9.1 10.1 consultants. ARTICLE 6 PERIOD OF SERVICE Unless sooner terminated as provided in Article 9 hereinafter, this agreement shall remain in force from one (1) year from the date of this Agreement. At the OWNER's option, this Agreement may be renewed for an additional year, up to four (4) renewals. ARTICLE 7 PAYMENTS TO CONSULTANT Payments on account of the CONSULTANTs services shall be as follows: Payments shall be made upon successful completion of the project and submission of all required documents. Required documents include accurate and properly completed invoices, appropriate reports, appropriate MBE forms, back-up as required, and up-dated summary table of billing. Payments for Additional Services of the CONSULTANTS services as defined in Article 5 above shall be made monthly upon presentation of a detailed invoice and required documents as stated in the authorization. Pursuant to the RFQ, the provisions of Florida Prompt Payment Act apply to this Agreement. No deduction shall be made from the CONSULTANT's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. If any work designed or specified by the OWNER during any phase of service is abandoned or suspended in whole or in part, the CONSULTANT is to be paid for the service performed prior to receipt of written notice from the OWNER of such abandonment or suspension, together with reimbursements then due and any terminal expense resulting from abandonment or suspension for more than three months. The Owner will make payments in one of two methods either by direct check issuance or credit card (DCPS e- payables/credit card program process). The CONSULTANT must elect which payment option it chooses to be paid at the beginning of the contract period. If direct check issuance is chosen, the CONSULTANT may elect the e-payable/credit card method at any time during the contract; however, once this option is elected, no further changes may be made unless approved by the Owner. At the Owners sole option, the Owner may change the direct check issuance to an Automated Clearing House (ACH) method of payment. Payment shall be made in accordance with the Florida Prompt Payment Act of the Florida Statutes. ARTICLE 8 CONSULTANT'S ACCOUNTING RECORDS Records of the CONSULTANT's Direct Personnel, Consultant(s) and Reimbursable Expenses pertaining to this project and records of accounts between the OWNER and Contractor shall be kept on a generally recognized accounting basis and shall be available to the OWNER or his authorized representative at mutually convenient times. The OWNER may obtain copies of any documents related to the project at any time. All documents shall be retained for at least 5 years after project completion, until the completion of negotiation and appeals, whichever is later. ARTICLE 9 TERMINATION OF AGREEMENT The termination provisions set forth in the RFQ shall govern this Agreement. ARTICLE 10 REUSE OF DOCUMENTS Drawings and technical specifications furnished to the OWNER by the CONSULTANT as described in the Agreement shall become the property of the OWNER, but shall not be used in whole by the OWNER without notification to the 6 11.1 11.2 11.3 12,1 12.2 12.3 12.4 12.5 CONSULTANT. The OWNER reserves the right to use the drawings and technical specifications furnished under this Agreement in part and at no cost to the OWNER. In the event that the OWNER uses the drawings and technical specifications for use on another site the CONSULTANT or his/her successors shall be reasonably compensated by the OWNER for adapting the drawings and technical specifications and contract administration if required by the OWNER. ARTICLE 11 CLAIMS AND DISPUTES Under the terms of this Agreement the CONSULTANT shall not have any right to compensation other than, or in addition to, that provided by this Agreement to satisfy any claim of any kind whatsoever unless the claim therefore is delivered to the OWNER within ten (10) calendar days from the date of which the act or event constituting the basis of such claim occurs. Failure to present any claim arising under this contract within the ten (10) calendar-day time period specified above shall constitute waiver and abandonment of claimant's claim. All such claims shall set forth in a petition addressed to the OWNER stating: a. The CONSULTANT's name and business address; b. Aconcise statement of the ultimate facts, including a statement of all disputed issues of material fact, upon which the claim is based; c. A concise statement of the provisions of the contract, together with any federal, state and local laws, ordinances or code requirements or customary practices and usage in the trade or profession asserted to be applicable to the questions presented by the claim; and d. A demand for that specific relief to which the CONSULTANT deems himself entitled. e. Acopy of all documentation supporting any claim for damages or extra compensation. Within thirty (30) calendar days from the receipt of any petition setting forth the claim, the OWNER shall provide the CONSULTANT its written response stating the OWNER's position with respect to each claim asserted. Thereafter, should any claim not be reimbursed, upon written notice from the claimant, the OWNER shall convene a proceeding pursuant to the procedures of the OFEDC and shall thereafter enter a final written decision. The venue for all actions against the OWNER shall be in exclusively in Duval County, Florida. ARTICLE 12 SPECIAL PROVISIONS The CONSULTANT must use the latest edition of the Design Guidelines and Professional Services Guide provided by OFEDC. It is furnished to assist the CONSULTANT in the performance of its services under this Agreement. Since this document is merely a guide, the CONSULTANT must discuss the specific requirements of this project with the OWNER's Project Manager and utilize only those portions of this document that apply. The CONSULTANT should request the latest edition of the Guide for Professional Services and the Project Manager will provide a copy. It shall be the responsibility of the CONSULTANT to fully inform the OWNER of the progress of the Planning and Design. To this end, the CONSULTANT shall furnish the OWNER with a complete and descriptive status reports. The CONSULTANT shall take minutes of all meetings held with the OWNER and shall provide copies of the same to the OWNER within ten (10) calendar days following such meetings. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. The CONSULTANT will maintain on a current basis all project files and records. The project records shall be available at all times to the OWNER for reference, review or copying. By execution of this Agreement, the CONSULTANT certifies that the wage rates and other factual unit costs supporting the Basic Services compensation specified in Section 2.1 above are accurate, complete and current at the time of negotiations for this Agreement; and that any wage rates or other factual unit costs furnished the OWNER in the future to support additional service proposals will also be accurate, complete and current at the time of submitting such proposals. The CONSULTANT agrees that the Basic Services Compensation and any authorized additional service compensation shall be adjusted to exclude any significant sums by which the OWNER determines such compensations were increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. The OWNER and the CONSULTANT agree that all such adjustments in compensation shall be made within one year following completion of the services covered a by this Agreement. 12.6 The CONSULTANT shall comply with, and be responsible for all costs associated thereto, all Federal, State and Local Laws. 12.7 CONSULTANT shall serve as the OWNERs consultant during any claim or litigation involving other parties upon request of the OWNER. OWNER shall notify CONSULTANT in writing of this service. ARTICLE 13 OFFICE OF ECONOMIC OPPORTUNITY (OEO) PARTICIPATION The CONSULTANT shall comply with the requirements set forth in the RFQ. ARTICLE 14 MISCELLANEOUS 4.1 If the CONSULTANT made any exceptions to the RFQ in its Proposal, then such exceptions are not deemed to be accepted by the OWNER unless affirmatively agreed to in this Agreement. 14.2 The CONSULTANT'S address for notices pursuant to Addendum No. 2 of the RFQ is as set forth on the cover page of this Agreement. 14.3 The CONSULTANT has executed and delivered the federal forms required by Attachment I of the RFQ, which executed federal forms are incorporated herein by this reference. 14.4 The parties agree that this Agreement may be signed via counterpart and facsimile signature, the counterparts and facsimiles of which. when taken together, shall be deemed to constitute an entire and original Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. The parties agree that this Agreement may be signed via counterpart and facsimile signature, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original Agreement. GLE Associates, Inc. ?, Robert B. Greene, President Aftest: The School Board of Duval County, Florida By. ~ Dr. Diana Greene, Superintendent of Schools and Ex-Officio Secretary to the Board abeth Andersn, Chairman Form approved: Approved by Board on March 2, 2021 EXHIBIT A ASBESTOS CONSULTANT TEAM ASSIGNED REPRESENTATIVES OWNER Byron Page Elvin R. Bumpers ASBESTOS CONSULTANT GLE Associates, Inc. Executive Director, Design and Construction Services Director, Environmental Services Principal, PE Robert Greene Senior Architect, RA Alberto Portela Licensed Asbestos Consultant James Elliott Senior Engineer, PE James Elliott Certified Industrial Hygienist Michael Collins Certified Industrial Hygienist Paul Zak Senior Environmental Geologist, PG John Hansen Staff Engineer Chris Greene Staff Geologist - Adam Springer Staff Industrial Hygienist - John Ciucevich Staff Industrial Hygienist Arturo Confiado Staff Architect Anthony Ebanks Staff Architect Angel Ruiz Field Technician Stephanie Kilgore Field Technician Ryan Hendry Field Technician Erik Kinard Field Technician Johnathan Hall CADD Operator Jorge Gonzalez Clerical Lori Rosenquist EXHIBIT B SCHEDULE OF FEES ASBESTOS ENVIRONMENTAL CONSULTING ON CONTINUING CONTRACT BASIS Exhibit B - Schedule of Fees Asbestos Environmental Consulting on Annual Contract Basis RFI No. 10-21/TW GLE Associates, Inc. Description of Service Hourly Expense si area om ot Lump Laboratory No: Scope of ee Docimeni) Rate baie Rate (3-Year sum Per Sample Resurvey) 1 3-Year AHERA Resurvey 1.95 Cents 2 6-Month AHERA Surveillance $19,500 3 | Senior Architect, RA $145 4 Licensed Asbestos Consultant $160 5 Senior Engineer, PE $142 6 Certified Industrial Hygienist $160 7 Senior Environmental Geologist, PG $138 8 Staff Engineer $114 9 Staff Geologist $110 10 Staff Industrial Hygienist/Asbestos Professional $110 11 (| Staff Architect $99 12 | Field Technician $80 13 CADD $67 14 | Clerical $65 15 Rental of Non-Standard Equipment 10% 16 PLM Bulk Sample Analysis 16A | Standard turnaround (3 5 Days) $10.00 16B | 24-hour turnaround $15.00 16C | Same day rush tumaround $35.00 17 PLM Point Count Analysis (Friable) 17A | Standard turnaround (3 5 Days) $25.00 17B | 24-hour turnaround $35.00 17C | Same day rush tumaround $58.00 18 TEM Air Sample Analysis 18A | Standard turnaround (3 Day) $55.00 18B | 24-hour turnaround $60.00 18C | Same day rush tumaround (6 hour TAT) $88.00 Additional Notes 1 On-site PCM analysis will be included in all air monitoring projects as a part of this contract. 2 Emergency response will be included as a part of this contract. 3 Mileage will not be reimbursed as a part of this contract. 4 Electronic reports will be furnished at no additional charge to DCPS. 10 March 2, 2021, Regular Board Meeting Title 22. CONTINUING SERVICES CONTRACT FOR ASBESTOS ENVIRONMENTAL CONSULTING SERVICES SELECTION AND CONTRACT AWARD/ RFQ NO. 10-21/TW Recommendation That the Duval County School Board approve the selection of GLE Associates, Inc. to provide asbestos environmental consulting services for one year on a continuing services contract. That the Duval County School Board authorizes the Chairman, or the Vice Chairman, and the Superintendent to execute the standard form of agreement contingent upon form approval by Office of General Counsel. That authority be delegated to the Superintendent to renew the contract for subsequent years contingent upon form approval by Office of General Counsel, provided terms and conditions are favorable to the district and subject to availability of funds. There are four potential one-year renewals Description The firm was selected in accordance with the district's procurement procedures for professional services as authorized by Board Policy 7.78 and Section 287.055 Florida Statutes, Consultant's Competitive negotiation Act. The firm selected will be responsible for consulting studies, design, engineering, bid reviews, inspection, and construction administration for various projects. This contract has statutory threshold limits of $4,000,000 per construction project and $500,000 per design/study provided per Section 287.055 Florida Statutes. The proposal has been reviewed by the Office of Economic Opportunity and found to be in compliance with the Duval County School Board Minority Business Enterprise requirements. Gap Analysis The district has a continuing need for Asbestos Environmental Consulting Services. The use of a continuing contract enables the district to complete designs for projects under construction values of $4,000,000 and study fees under $500,000 without a formal selection and Board approval process for each individual project that would otherwise be required. Previous Outcomes The district has previously used continuing contracts to provide the required asbestos consulting services. Expected Outcomes Contract award for asbestos environmental consulting services on a continuing contract basis. Strategic Plan Goal Ensure Effective, Equitable, and Efficient Use of Resources. Financial Impact Contract award does not require obligation of district funds. Services provided will be funded by specific project funds on an as-needed basis. Estimated annual cost for this work is $100,000. Contact Byron Page, Executive Director, Facilities, Engineering, Design & Const., 904-390-2498 Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Robbie Bumpers Attachments 1. Asbestos Environmental - Recommendation for Award 2. GLE Assoc Asb Environ Continuing Services 2021 final Purchasing Department 1701 Prudential Drive Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 January 11, 2021 ASBESTOS ENVIRONMENTAL SERVICES CONSULTANT CONTINUING CONTRACT RFQ NO. 10-21/TW RECOMMENDATION FOR AWARD DATE OPENED: December 3, 2020 Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the intended award of a contract may file a protest and shall deliver its written notice of protest to Assistant Superintendent, Operations, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after recommendation of award, if not to the apparent low bidder, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the fourth (4 calendar day immediately following the notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next Duval County School Board (DCSB) work day. Protests shall be presented with specificity, and every issue shall be fully documented. SEE ATTACHED Asbestos Environmental Services Consultant Continuing Contract RFQ No. 10-21/TW EVALUATION COMMITTEE SUMMARY Ranking Proposer Available Points Points Attained 1 GLE Associates, Inc. 180 175.00 2 APTIM Environmental & Infrastructure 180 153.00 3 Partner Assessment Corporation 180 138.00 4 Wood Environment & Infrastructure Solutions 180 108.00 5 Universal Engineering Sciences, LLC 180 103.50 6 ELS Abatement & Construction, Inc. 180 77.00 - Recommended Vendor Page 1 of 2 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 3 ADDENDUM NO. 3 www.duvalschools.org/purchasing Issue Date: November 18, 2020 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFQ No. 10-21/TW Bid Title: Asbestos Environmental Services Consultant Continuing Contract Opening: Thursday, December 10, 2020, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: 1. To change the opening date. Proposals are due by Thursday, December 10, 2020 2:00 p.m. (EDT). 2. To answer questions received in accordance with this RFQ. Questions and Answers APTIM 1. Question: Section 1.4 suggest Additional disciplines (services) should not be proposal. Section 2.1 C. indicates other services may be requested. What other services, i.e. lead, mold, other IH, and general environmental, should be described in the proposal? Answer: No specific additional needs have been identified at this time. 2. Question: Section 1.8 indicates the forms provided in Attachment G are required upon award. Can we confirm they are not required/requested with the proposal submittal? Answer: The forms in Attachment G are required to be submitted by the awarded vendor. They are not required to be submitted with the proposal but will be required upon execution of the contract. 3. Question: Section 6.e), first paragraph, references forms in Attachment G. Should this be revised to the forms in Attachment F? Answer: Correct. This should be Attachment F. 4. Question: Section 2.1.A.3 indicates consultant must participate in the AIHA PAT program. Do we eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing Page 2 of 2 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 3 acknowledge this in the proposal, and if the consultants proposal does not show evidence of participation, is the proposer disqualified? Answer: This should be acknowledged to provide most complete response possible. However, failure to acknowledge will not disqualify bidder. 5. Question: Section 6.d) Current Workload, is this based on the workload only of the personnel identified for this contract in the office where the work is to be performed? Answer: The language of the RFQ does not limit the workload to certain personnel so the work- load for the entire office should be provided. 6. Question: Section 6(Proposal Evaluation Process) does not seem to align with Section 5 (Proposal and Submission Requirements). Examples include: in Section 6 b) (1), letters of recom- mendation will be reviewed for past performance of similar work, but no letters are requested in the Section 5 proposal submission requirements. In Section 6 b) (2), lists specialty qualifications as related to LEED, energy management and historical preser- vation, but no mention of the asbestos certifications required for this program. Should Section 6 be revised to focus on asbestos certifications (LAC, inspector, designer, con- tractor/supervisor, worker, etc.)? Answer: RFQ does not require modification. Section 6 does not exclude asbestos certifications so those may be considered. Those could be provided in Part H of SF330 (Section 5, Part B) 7. Question: The 2017 RFQ, M-837 Districtwide Environmental, evaluated the volume of DCPS work performed by the proposers since the previous contract award (see Attachment 1 above). Will past DCPS volume of work be taken in account for evaluation in this RFQ as it has been historically? Answer: No, this will not be included in the evaluation. 8. Question: Please verify that Attachment B is currently for this RFQ. In particular, are Attachment B Forms Sections 3 and 4 correct for this RFQ? The categories seem incorrect for the RFQ scopes of work (see Attachment 2 & 3 above). For example, in Section 3, scopes of work listed are civil, mechanical, electrical, structural and fire protection engineering registrations, as well as architectural registration, which have no bearing on the asbestos consulting services requested in RFQ Section 2, Scope of Work, unless they are used in conjunction with a Florida Asbestos Consultants license. Registrations and certifications germane to this program, such as the Florida Licensed Asbestos Consultant, EPA Certified Asbestos Building Inspector, EPS-certified Asbestos Management Planner, EPA-Certified Asbestos Supervisor, and evidence of proficiency in the AIHA PAT Program for evaluating asbestos air sampling, are not listed. Should the services offered in Appendix B 3., be revised to fit this RFQ scope of work, i.e. asbestos services? We request that all parts of the Attachment B be verified as accurate for this proposal. Answer: Please replace Attachment B with the attached Attachment B. 9. Question: If the short-list presentation is to be done remotely, does the school board utilize the Microsoft Teams program? Answer: Interviews will be done in person. Social distancing will be practiced ATTACHMENT B DUVAL COUNTY PUBLIC SCHOOLS - PROFESSIONAL QUALIFICATIONS SUPPLEMENT (PQS Form) PURPOSE: This PQS form is to provide information regarding the qualifications of interested firms to undertake a specific Duval County School Board Asbestos Abatement and Environmental project or related services being administered by the Duval County School Board in accordance with the requirements of F.S. Chapter 469, Asbestos Abatement. INSTRUCTIONS: (A) Type accurately; instruction numbers correspond to the numbers on the form; additional pages for any of the numbers may be attached. (B) For the APPLICANT, attach to the PQS a reproduction of the current Florida License(s) for each of the licenses listed in Number 3. 1. Complete the project or contract name as it appears in the Public Announcement for professional services. 2. Provide the complete name of the APPLICANT, the address and the telephone number of the office where the work will be performed. 3. For the APPLICANT, complete as follows: a. Indicate (X) the service(s) to be provided on the project. b. Insert the firm's* appropriate license number, and if the firm is a corporation, insert the Florida Corporate Center number as issued by the Division of Corporations, Department of State. *Use the license number in accordance with the name of the firm as presented on the firm's letterhead. Use license numbers only when applicable. 4. Accurately list for the APPLICANT'S Firm construction costs for current projects as of the deadline date for the submittal of this application. Then specify the Florida licensed asbestos consultant personnel, EPA certified personnel, and other technical staff that are full time employees of the APPLICANT Firm. In computing the volume per person, divide the total amount of work-in-progress by the number of personnel. Exclude all portions of current work on hold. 5. List projects and/or contracts comparable to this specific contract and related experience accomplished by the applicant. Indicate name of project, completion date, location, and a contact person knowledgeable of the project with telephone number, construction budget or estimated cost and actual construction or bid cost. 6. Designate the Key Personnel of the proposed team to be used on this project BY the APPLICANT. For each individual listed, indicate any licenses or certifications. 7. Sign and date the form; type the name and title of the signer. Page 1 of 5 1. CONTRACT NAME:________________________________________________________________________________________________________ 2. FIRM NAME: PHONE NO: ____________________________ 3. ADDRESS OF OFFICE WHERE WORK WILL BE PERFORMED:______________________________________________________ ZIP : ___________________ INDICATE SERVICE(S) TO BE PROVIDED ON THE CONTRACT IN THE BASIC SERVICES LISTED BELOW: APPLICANT SERVICE(S) OFFERED (X) FLORIDA STATE BOARD LICENSE NO. & CHARTER NO. NAME, ADDRESS, PHONE Asbestos Consultant LICENSE # CH # Page 2 of 5 4. WORKLOAD: Indicate each project the APPLICANT will be handling as of the DEADLINE DATE for the submittal on THIS PROJECT and the associated construction costs for the contract for APPLICANT firm. Specify number of all licensed or certified individuals that will be assigned to or available for this project. PROJECTS CONSTRUCTION COSTS TOTAL CONSTRUCTION COSTS 4a. LICENSED / CERTIFIED STAFF. NUMBER CATEGORY 4b. CONSTRUCTION COST PER PERSON Licensed Asbestos Consultant EPA Certified Personnel Total Costs (4) divided by Total Staff (4a) = Fee Per Person Other Technical Staff / = TOTAL PROFESSIONAL AND TECHNICAL PERSONNEL (Sum of Staff listed above) NUMBER OF TOTAL PROFESSIONAL & TECHNICAL PERSONNEL THAT ARE FLORIDA LICENSED Page 3 of 5 Page 4 of 5 5. RELATED EXPERIENCE OF APPLICANT FIRM ONLY. (Projects or Contracts of comparable type, size, and complexity) PROJECT NAME COMPLETION DATE LOCATION REFERENCE CONTACT AND TELEPHONE NO. ESTIMATED COST ACTUAL COST 6. KEY PERSONNEL OF PROPOSED TEAM, APPLICANT FIRM TO BE USED ON THIS PROJECT. Number of persons listed under APPLICANT FIRM must agree with the TOTAL PERSONS indicated in Number 4. Page 5 of 5 NAMES LICENSE / CERTIFICATION CITY OF RESIDENCE/ STATE OF LICENSE APPLICANT FIRM APPLICANT'S Principal (s) in charge for this Project APPLICANT'S Staff Assigned to or Available for this Project 7. SIGNATURE TYPE NAME AND TITLE OF SIGNER (Applicant firm) DATE Page 1 of 3 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 2 ADDENDUM NO. 2 www.duvalschools.org/purchasing Issue Date: November 16, 2020 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFQ No. 010-21/TW Bid Title: Asbestos Environmental Services Consultant Continuing Contract Opening: Thursday, December 3, 2020, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: 1. To add additional Legal Requirements Additional Legal Requirements 1. Termination. The District reserves the right to terminate the Agreement at any time and for any reason upon giving thirty (30) days notice to the Contractor. If the Agreement is terminated for convenience as provided herein, the District will be relieved of all obligations under said Agreement and the District will be required to pay that amount of the Agreement actually performed to the date of termination. 2. Subcontractors. If Contractor is permitted to subcontract any of the work set forth in the Agreement, Contractor shall ensure that each subcontractor complies with all provisions of the Agreement. Contractor will remain liable for the acts and omissions of such subcontractor(s) and the proper performance and delivery of the products and/or services set forth in the Agreement. 3. Public Records Laws. The Agreement shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: a. Keep and maintain public records required by the District in order to perform the service. b. Upon request from the Districts 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 the Chapter 119, Florida Statues or as otherwise provided by law. 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 eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing Page 2 of 3 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 2 Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. d. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICTS CONTRACT ADMINISTRATOR) AT THE ADDRESS AND PHONE NUMBER BELOW. Byron Page pageB1@duvalschools.org 4. Non-Discrimination. Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractors performance under the Agreement on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity/expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity/expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Agreement 5. Severability. If any clause or provision of the Agreement is illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the remainder of the Agreement shall not be affected thereby; and in lieu of each clause or provision of the Agreement which is illegal, invalid or unenforceable, there shall be added, as part of the Agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and as may be legal, valid and enforceable. 6. Assignment. Neither the Agreement nor any portion thereof may be assigned by Contractor, in whole or in part, without the prior written consent of the District. 7. Notices; Agency Administrator. Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless same shall be in writing and sent via hand delivery or overnight delivery (with a receipt), directed to the other party at its address provided below or such other address as either party may designate by notice from time to time in accordance herewith: If to Contractor: With copy to: To be set forth in the final awarded contract If to District: With copy to: The School Board of Duval County, Florida Office of General Counsel 1701 Prudential Drive c/o 1701 Prudential Drive Jacksonville, Florida 32207 Room 340 Phone: (904) 390-2115 Jacksonville, FL 32207 Attn: Dr. Diana Greene, Superintendent Phone: (904) 390-2032 mailto:pageB1@duvalschools.org Page 3 of 3 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 2 Notwithstanding the foregoing, the parties agree that all communications relating to the day-to-day activities shall be exchanged between the respective representatives of the District and the Contractor, which representatives shall be designated by the parties in writing promptly upon commencement of the Services. Once so designated, each partys representative shall coordinate communications and processes as needed for the purposes of conducting the services set forth in the Agreement, as well as the process for routine or administrative communications. The parties shall also reasonably cooperate as to the development (including content and format) of the invoicing and any reports to be provided by Contractor as part of the services. For purposes of the Districts representative for the day-to-day activities, the Districts Administrator shall be: Duval County Public Schools Attn: Byron Page, Executive Director 1701 Prudential Drive Jacksonville, FL 32207 (904) 390-2498 Page 1 of 2 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 1 ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: November 13, 2020 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFQ No. 10-21/TW Bid Title: Asbestos Environmental Services Consultant Continuing Contract Opening: Thursday, December 3, 2020, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: 1. To answer questions received in accordance with this RFQ. Questions and Answers Partner Engineering and Science, Inc. 1. Question: Who is the incumbent for this contract? Answer: GLE Environmental 2. Question: How much has the School District paid in fees to the incumbent annually for the last contract period? Answer: Currently, the total amount paid out for all 3 years of the contract is $385,632.70 3. Question: What is budgeted annually for the next contract period? Answer: Undetermined. 4. Question: How many awards to qualified firms will the School District make? Answer: One award (one firm) 5. Question: What system is used to maintain the associated DATABASE for 3-years and 6-month inspections (from page 7 of 22, Section 2.1, A, 4)? Answer: AIMS, through Glen Wheeler with Xleet. eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing Page 2 of 2 RFQ No. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract ADDENDUM NO. 1 6. Question: Distance Mitigation Plan referenced in Attachment D and on page 11 of 22. Looking for clarification on what the School District is asking for from a distance mitigation plan for Attachment D, Column C. Answer: Looking for a plan from firms not located in Duval County that demonstrates their ability to provide responsive service despite not being in close proximity to where work will be taking place. 7. Question: SBE Participation Goal: OEO goal for the bid is 10% S/MBE and the firm has to be certi- fied by DCPS to be eligible for consideration. We checked the website you provided www.duvalschools.org/Deparment/Office_of_EconomicOpportunity and there are no DCPS-approved labs or other subcontractors applicable to this contract listed. Please provide some guidance on how we and/or others might meet that foal with no options? Answer: The most important aspect of our office is to ensure that our local certified business have the maximum opportunity to do business with the District. Thus we look to prime con- tractors to utilize any of our certified business to meet/exceed the participation goal when there is not an available subcontractor to meet the specific goal as stated in your question. For instance, use of OEO vendors who provide marketing, PPE supplies, diversity and inclusion training, printing, apparel, etc., can be used to meet the 10% goal. 8. Question: What was the previous contracts S/WMBE goal? Has the incumbent met the previous contracts S/WMBE goal? Answer: The Office of Economic Opportunity (OEO) goals can be met in the following ways: Participation: a set percentage of work to be awarded to OEO certified vendor(s), even if OEO vendors are not applicable to the service listed in the contract. Sheltered: when three (3) or more OEO certified vendors can perform work in a specific area, then only those OEO certified vendors can bid. Inclusion: less than three (3) OEO vendors are certified. The names of the companies are provided to prime contractor. Encouragement: less that three (OEO) certified vendors and /or OEO certified vendors may not have capacity to complete the work. In the previous contract, Encouragement was used based on the available OEO vendors. The OEO staff is poised to and look forward to working with the awardee to assist in meeting the 10% goal with OEO vendors as a result of not having certified vendors in the particular field listed in the contract. http://www.duvalschools.org/Deparment/Office_of_EconomicOpportunity Page 1 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW REQUEST FOR QUALIFICATIONS (RFQ) RFQ NO. 10-21/TW Asbestos Environmental Services Consultant Continuing Contract RFQ Release Date: October 22, 2020 Deadline for Written Questions: November 12, 2020, 4:00 p.m. (EDT) Proposals Opened: December 3, 2020, 2:00 p.m. (EDT) Committee Evaluation: January 11, 2021 Presentations: January 19, 2021 (if necessary) Board Award: March 2021 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive Jacksonville, Florida 32207 eile re http://www.duvalschools.org/dcps Page 2 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207-3235 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904 858-4868 Jacksonville, FL 32207-3235 Request for Qualifications (RFQ) Required Response Form ASBESTOS ENVIRONMENTAL SERVICES CONSULTANT CONTINUING CONTRACT RFQ No. 10-21/TW This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Jacksonville, FL 32207, no later than 2:00 p.m. EDT on December 3, 2020 and plainly marked RFQ No. 10-21/TW. Responses are due and will be opened at this time. Responses received after 2:00 p.m. EDT on the date due will not be considered. Anti-Collusion Statement / Public Domain I, the undersigned vendor have not divulged, discussed, or compared this proposal with any other vendors and have not colluded with any other vendor in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Proposal Certification I hereby certify that I am submitting the following information as my company's response and understand that by virtue of executing and returning with this response this REQUIRED RESPONSE FORM, I further certify full, complete, and unconditional acceptance of the contents of all pages, inclusive of this Request for Proposal, and all appendices/attachments and the contents of any Addendum released hereto. VENDOR (firm name): STREET ADDRESS: CITY & STATE: PRINT NAME OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLL FREE: INTERNET E-MAIL ADDRESS: INTERNET URL: VENDOR TAXPAYER IDENTIFICATION NUMBER: NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. eile re http://www.duvalschools.org/dcps http://www.duvalschools.or/#g Page 3 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW In addition to the information requested within this RFQ, the following items are to be returned as part of the proposal: 1. Required Response Form Attachment A: Page 2 of 22 (signature required) 2. Professional Registration Certificates 3. Corporate Charter Registration 4. MapQuest or other visual map See Section 5.0 (F) 5. Attachment B Professional Qualifications Supplement (PQS Form) 6. Attachment F - Office of Economic Opportunity Forms 1, 2, & 2A 7. Attachment H Standard Form 330 Note: In accordance with section 4.4, please submit proposal as follows: 1. One (1) manually signed original 2. Two (2) photocopies of original 3. Five (5) USB Flash Drives in pdf format Proposals to be delivered to: Purchasing Services, Suite 322 1701 Prudential Drive Jacksonville, Florida 32207 Page 4 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW DUVAL COUNTY PUBLIC SCHOOLS RFQ: ASBESTOS ENVIRONMENTAL SERVICES CONSULTANT CONTINUING CONTRACT RFQ No. 10-21/TW INDEX 1.0 GENERAL INFORMATION 2.0 SCOPE OF SERVICES 3.0 EX PARTE COMMUNICATION 4.0 PREPARATION AND SUBMISSION REQUIREMENTS 5.0 PROPOSAL SUBMISSION AND SUBMISSION REQUIREMENTS 6.0 PROPOSAL EVALUATION PROCESS 7.0 OFFICE OF ECONOMIC OPPORTUNITY 8.0 DISTRICTS RIGHTS AND RESERVATIONS 9.0 DISPUTE 10.0 LEGAL REQUIREMENTS Page 5 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW ATTACHMENTS Attachment A REQUIRED RESPONSE FORM PAGE 2 OF 22 Attachment B -- PROFESSIONAL QUALIFICATIONS SUPPLEMENT (PQS) Attachment C MEMBER EVALUATION WORKSHEET Attachment D LOCATION RATING TABLE Attachment E WORKLOAD RATING TABLE Attachment F OFFICE OF ECONOMIC OPPORTUNITY FORMS 1, 2A, 4 Attachment G FEDERAL REGULATORY COMPLIANCE INFORMATION Attachment H STANDARD FORM 330 Attachment I INSURANCE REQUIREMENTS Page 6 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW DUVAL COUNTY PUBLIC SCHOOLS REQUEST FOR QUALIFICATIONS (RFQ) ASBESTOS ENVIRONMENTAL SERVICES CONSULTANT CONTINUING CONTRACT RFQ NO. 10-21/TW 1.0 GENERAL INFORMATION 1.1 Duval County Public Schools (the District) is issuing this Request for Qualifications (RFQ) to interested firms for the purpose of selecting a qualified provider(s) for asbestos environmental services. 1.2 The selected Asbestos Environmental firm will be required to execute a standard form contract as adopted by the District, for use with this contract for services. 1.3 Prior to contract award, the successful Respondent(s) shall provide proof of insurance acceptable to the District for General Liability, Automobile Liability, Workers Compensation and Employers Liability and Architects/Engineers Professional Liability for the scope of services contemplated by this solicitation. (See Attachment I for Insurance Requirements) 1.4 The Asbestos Environmental Firm submitting is requested to propose a core team (depending on project requirements) composed of asbestos environmental consultant services. This core team will be the basis for Office of Economic Opportunity (OEO) and other scoring requirements. Additional disciplines such, unless specifically identified in the RFQ, should not be proposed at this time, and will be negotiated on an as-needed basis as additional services. 1.5 Continuing contract will provide for professional services in specific disciplines on a continuing basis, as needed for one (1) year, renewable yearly for up to four (4) years. 1.6 The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by District school officials in accordance with Florida Statutes. The School Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of District public schools. 1.7 The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of State and Federal laws and regulations, State Board of Education Rules, and School Board policies. 1.8 Upon award, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement, the following, all of which shall be incorporated into the Agreement by this reference, and which are attached as composite Attachment G: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. 2.0 SCOPE OF SERVICES Page 7 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW 2.1 A. The owner employs the Asbestos Consultant, and the Asbestos Consultant agrees to perform or provide the following professional services as requested by the owner on an as needed basis consisting of: 1. Asbestos Removal: a. The Asbestos Consultant shall prepare plans and specifications that will enable the owner to obtain competitive bid proposals for asbestos removal at specific sites. The documents will be prepared in the form of a project manual and will contain the following: (1) Bid Documents (2) General Conditions (3) Supplementary General Conditions (4) Technical Specifications (5) Applicable Forms (6) Drawings b. The Asbestos Consultant shall perform Contract Administration on the project and be present at the pre-bid, preconstruction and progress meetings required during the execution of the project. c. The Asbestos Consultant shall sample air prior to and during asbestos removal and the ensuing cleaning phase. Air monitoring shall be performed to allow comparison of results for compliance with all applicable regulations. Results of the air samples collected concurrently with the removal operations shall be used as indicator of the effectiveness of the contractors removal procedures. The sampling methods used shall be as described in the Occupational Exposure to Asbestos (29 CFR Part 1926.1101), and further described in the Asbestos Hazard Emergency Response Act (AHERA) - (40 CFR Part 763.90 Subpart E). The Asbestos Consultant will also be required to concurrently maintain the associated DATABASE within the scope of these projects. Air monitoring shall not include OSHA compliance sampling for asbestos abatement contractor. 2. Building/Demolition Surveys: The Asbestos Consultant shall, upon request, perform asbestos building renovations and/or demolition surveys including sampling and analysis of materials for asbestos content. All such survey work shall be performed in accordance with the AHERA (40 CFR Part 763.90 Subpart E), and/or NESHAP (40 CFR Part 61 Subpart M). 3. Air Monitoring: The Asbestos Consultant shall, upon request of the owner, sample air for the presence of asbestos fibers prior and during asbestos abatement projects. Air monitoring shall be performed to allow comparison of results for compliance with all applicable Federal and State regulations. The sampling methods used shall be as described in the AHERA (40 CFR Part 763.90 Subpart E), and further described in the Occupational Exposure to Asbestos (29 CFR Part 1926.1101). Air monitoring shall not include OSHA compliance sampling for asbestos abatement contractor. The Asbestos Consultant shall employ properly trained personnel and be equipped to provide on-site air sample analysis by Phase Contract Microscopy (PCM) in accordance with NIOSH Method 7400. The Asbestos Consultant shall participate in a proficiency Analytical Test (PAT) program such as or equivalent to the American Industrial Hygiene Association (AIHA) or equivalent. 4. 3-Year AHERA Resurveys & 6-Month AHERA Surveillances: The Asbestos Consultant shall, upon request of the owner, perform both 3-Year AHERA Resurveys and 6-Month AHERA Surveillances. The Asbestos Consultant will be required to concurrently maintain the associated DATABASE within the scope of these projects. B. Other Conditions: 1. The Asbestos Consultant shall, throughout the term of the contract, maintain a Florida Asbestos Consultants License as required pursuant to Chapter 455, Florida Statutes. Page 8 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW 2. The Asbestos Consultant and/or employees representing the Asbestos Consultant, performing AHERA Inspections/Re-inspections and Management Planning, shall maintain required certifications in compliance with all applicable Federal and State regulations. 3. Any laboratory used by the Asbestos Consultant shall maintain proper NVLAP and other accreditation as required to comply with all applicable Federal and State regulations. 4. The Asbestos Consultant shall provide documentation of all licensure and/or accreditation as part of any and all reports produced under this contract. 5. The Asbestos Consultant shall be willing to provide appropriate emergency response as required by the owner within 4 hours after notification. 6. The presence of the Asbestos Consultants field personnel, either full-time or part-time, shall be for the purpose of observation of field testing of specific aspects of each project as authorized by the owner. Should a contractor, not retained by the Asbestos Consultant, be involved in the project, it is agreed that the Asbestos Consultants services do not include supervision or direction of the contractor and/or his employees. C. Additionally, the Asbestos Consultant may be requested to perform other various general consulting services (where appropriately certified and/or licensed) based on negotiated hourly rates and written authorization by the owner. 2.2 Continuing Contracts: Continuing Contracts are for projects designated by Duval County Public Schools Office of Facilities, Engineering, Design and Construction (OFEDC) in which the estimated construction cost of each individual project under the contract does not exceed $4 million, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000. 2.3 Term: Continuing contract will provide for professional services in specific disciplines on a continuing basis, as needed, for one-year, renewable yearly for up to four years. 3.0 EX PARTE COMMUNICATION Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent of the RFQ with District personnel involved with or related to the RFQ other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFQ with Board members is also prohibited and will result in the disqualification of the Respondent. Notwithstanding the foregoing, communications are permissible by this section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the Districts existing contract(s) for the materials or services addressed in this RFQ (but in no event shall any existing vendor intending to submit a proposal initiate communications to any member(s) of the School Board of Duval County, Florida; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary course of business). 4.0 PREPARATION AND SUBMISSION REQUIREMENTS 4.1 Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District. Page 9 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW 4.2 Proposals must provide information as required in Section 5.0 responding to each item in the order noted. Identify responses with the same paragraph notation and with tabs in the order of data as requested by this RFQ. Representative samples of related work may be submitted in a separate binder. 4.3 All proposals must be received no later than 2:00 p.m. (EDT), on December 3, 2020. Official time for the purpose of RFQ opening will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. If a proposal is transmitted by US Mail or other delivery medium, the Proposer(s) will be responsible for its timely delivery to Purchasing Services, 1701 Prudential Drive, Jacksonville, Fl 32207. Any proposal received after the stated time and date or at other location will not be considered. 4.4 One manually signed original, two (2) photocopies of original, and five (5) copies on USB Flash Drive. (5 USB Flash Drives to be submitted) of the complete proposal must be sealed and clearly labeled REQUEST FOR QUALIFICATION: Asbestos Environmental Services Consultant Continuing Contract on the outside of the package. The legal name, address, Proposers contact person, and telephone number must also be clearly annotated on the outside of the package. The manually signed original shall be marked as ORIGINAL. Once accepted, all original proposals and any copies of proposals become the sole property of the District and may be retained by the District or disposed of in any manner the District deems appropriate. All proposals must be signed by an officer or employee having authority to legally bind the Proposers(s). Any corrections of unit prices must be by lineouts of the original prices with correct amounts typed or written in and initialed by the originator. Corrections made using correction fluid (white out) or any other method of correction are unacceptable. NOTE: It is the sole responsibility of each respondent to assure all proposal copies are EXACT duplicates of the original proposal. USB Flash Drives will be utilized by the Evaluation Committee for the purpose of evaluation of proposals. Any information contained in the original proposal which has not been transferred to the USB Flash Drive or photocopies will NOT be considered. The original document will be used solely for official record keeping purposes. 4.5 Potential Proposers shall not contact, by written or verbal communication, any District employee for information regarding this RFQ other than as expressly permitted by this RFQ. Additions, deletions or modifications to information contained in the RFQ document will be presented to all potential Proposers by means of a written addendum, if necessary. No verbal or written information which is obtained other than by information in this document or by addendum to this RFQ will be binding on the District. Any questions or requests for clarification regarding this RFQ shall be submitted to Terrence Wright, Purchasing Services in writing via e-mail at wrightt@duvalschools.org . The deadline for such questions or requests will be 4:00 p.m., EDT on Thursday, November 12, unless otherwise extended in writing by the District. Questions or requests for clarification received after the deadline will NOT be addressed. Note that Proposers are requested to submit questions regarding this RFQ for the Districts clarification via issued Addenda, instead of Proposers taking exceptions to any terms or conditions of the RFQ within the submitted proposal. http://www.timeanddate.com/worldclock/results.html?query=jacksonville mailto:wrightt@duvalschools.org Page 10 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW 4.6 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the District ample time to award the Contract for the services specified in the proposal and this RFQ. Concurrent with the delivery of the Proposers proposal, the Proposer shall also irrevocably deliver a completed and properly signed Attachment A. Upon completion of the award process and within three (3) business days of the School Boards completion of the award process at its duly called meeting the required insurance certificate must be delivered. (see Attachment I of this RFQ). 5.0 PROPOSAL AND SUBMISSION REQUIREMENTS STANDARD QUALIFYING DATA AND FORMS Proposals shall be formatted for submission in a uniform and consistent manner. Specific information required is described in detail and must be outlined as detailed in the following paragraphs. The following forms and information are required as qualifying data for a professional selection. Incomplete submittals may not be considered. A. Letter of Interest detailing the firms qualifications to meet the reference selection criteria. B. Standard Form 330: Standard Form 330 as shown in Attachment H (instructions included) Ensure that specific information is provided on the relative experience of all professionals proposed for use on the team in the planning, design and administration of the project and their ability to accomplish the project Information that should also be included in either Part F or Part H for each project in SF 330 is The ability to complete plans within budget and schedule as evidenced by previous projects, addressing the accuracy of original estimates vs. actual completed project costs and completion schedules. Part H should address quality control methods and any other additional information. C. Professional Qualifications Supplement (PQS): A copy of the most recent OFEDC Professional Qualifications supplement (PQS), OFEDC Form 105-E, is shown as Attachment B. D. Professional Registration Certificates: A reproduction of the firms current professional registration certificate(s) is required for the services offered and must be in the name of the firm offering said services. Firms must be properly registered at the time of application to practice their profession in the State of Florida and with the appropriate State Board governing the services offered. A verification of the current status with the appropriate State Board may be made before the recommendation and approval of a firms selection is finalized. E. Corporate Charter Registration: If the firm offering services is a corporation, it must be properly chartered with the Department of State to operate in Florida and provide a copy of the firms current Florida Corporate Charter. F. Location: The proximity (highway distance) of the applicant (applicants with multiple offices shall list the office where the production work will be performed) in relation to the project will be rated. Required information shall include location of Corporate Headquarters, location where the majority of the work will be performed, and any work plan or information needed to describe how work may be accomplished and coordinated at another location, including type and percentage of work. Include Map Quest or other appropriate visual map from Office to Duval County Public Schools, 1701 Prudential Drive, Jacksonville, Florida 32207. G. Office of Economic Opportunity Participation: Submit OEO Form 1, Form 2A and a letter outlining your OEO participation plan with your proposal indicating your plan of compliance with the OEO Program using the appropriate OEO Forms included in Attachment F. 6.0 PROPOSAL EVALUATION PROCESS: Page 11 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW The Evaluation Committee will convene, review and evaluate all proposals submitted based on the following factors: Max Points 60 Total Points, Attachment C a) Location: The location of the applicants home office, office where the majority of work will be performed, and any mitigation plans to accommodate effective performance of the contract requirements will be rated as outlined in Attachment D. A grading range of 1-10 is used. (to be determined by formula) b) Past Performance: The past performance in the required field of each applicant will be evaluated / rated based on criteria found in Attachment B, Professional Qualifications Supplement (PQS form) and Attachment I, Standard form 330, both spanning the past ten years as of July 1st of the current year. In addition to the information required in Attachments B and I, the following information needs to be submitted as part of this section: (1) Letters of recommendation from completed contracts of similar work for review of past performance (2) National certification or specialty qualifications (LEED certified construction, Certified Energy Management, Historical preservation certified, etc.) (3) Past examples of continuing service contracts with successful renewals (4) Industry recognition for relevant work, (example: design innovation award, industry publication recognition, national recognition for engineer / architect awards, etc.) A grading range of 1-10 is used. c) Experience and Ability: The relative experience of all professionals proposed for use on the team in the planning, design and administration of the project, the abilities and qualifications of the applicant and proposed staff as related to the projects specific requirements and their ability to accomplish the project, and the past 10 years experience of projects with similar size and scope will be considered. The relative experience and qualification of each applicants proposed team and similar project experience, with respect to the project scope, will be evaluated and a relative rating assigned. A grading range of 1-25 is used. d) Current Workload: 100 percent of the fees for current work in design and in construction (exclude fees to proposed outside consultants) then divide that sum by the number of professional and technical personnel on the staff (data will be used from 4a of Attachment B). When considering firms with more than one office, only consider the office where the work is to be performed. This rating is based upon a dollar amount per person within a range of 1- 10. The Workload Rating Table at Attachment E will be used for point factor. (to be determined by formula) e) Office of Economic Opportunity (OEO) Participation: OEO Evaluation Criteria: Firms submitting proposals are eligible for a grading range of 0-5. This category is scored by the Office of Economic Opportunity (OEO) only. DCPS criteria will be used to evaluate each RFQs OEO participation, and the Consultant shall clearly delineate in a separate section in the proposal using completed OEO FORMS 1, 2, 2A, and 4 as outlined in Section VII. and Attachment G. Firms submitting proposals shall verify in writing that they will meet or exceed the established OEO goals using DCPS consultants. Certified SBE and M/WBE shall receive five (5) points when submitting as the prime Consultant. Points will be received based on a category-by-category basis, for a possible one (1) point for each category to achieve the established goals under, Page 12 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW (i.e., African-American, Hispanic, Asian, and Native American, and Women Business Enterprises, respectively), for a possible three (3) point total. Submitted verification to meet or exceed the established OEO goals using DCPS Consultants for a possible two (2) point total. f) Interview Interviews: Only those Proposers selected by the Committee to provide presentations/interviews will be eligible for points in this category, and the points awarded by the Committee will be in addition to points assigned in all other Evaluation Criteria. Once the Committee prepares a subtotal of the scores for the Evaluation Criteria in subsection 6.0 above, the Committee will determine if presentations/interviews are necessary with the top ranked firms. The Committee will decide, in its sole and absolute discretion, the number of top ranked firms to interview. The Proposers selected for the interviews under this section shall be notified in writing and shall be prepared to make its presentation to the Committee according to the schedule on the front page of this document. The information to be presented in the interview is as follows: 1) Understanding of the Program and Project Requirements Grading range is 0-20. The understanding that the applicant and any other team subconsultants demonstrate as to the requirements and needs of the project, including an evaluation of the thoroughness demonstrated in analyzing and investigating the scope of the project and in preparing for the interviews. Information should include at a minimum the following: a) Specific people to be assigned to the project and their responsibilities b) Ability to develop project scopes c) Ability to complete on schedule d) Quality of plans and Specifications, demonstrating the ability to complete plans and specs with little or no modification e) Accuracy of design estimates with final costs f) Construction Engineering and Inspection ability to perform construction phase services. 2) Approach and Methodology: Grading range is 0-20 How the applicant and any outside consultants will approach the project and the methods they will use to plan, design and administer the project. Information should include at a minimum the following: a) Production schedules to meet deadlines b) Any potential savings thru innovation or value engineering. 6.1 Determination of Most Qualified Firms: Based on the rated factors, the Evaluation Committee will total the points and determine the most qualified firm to accomplish the work. The interviewed firms will be ranked in point order. 6.2 Selection Recommendation: Based on the above, the Committee will recommend the one firm most qualified to accomplish the work. Results will be forwarded via a recommendation to the School Board. Final approval of the selection will be by vote of the Duval County School Board. 7.0 OFFICE OF ECONOMIC OPPORTUNITY Page 13 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW A. It is an official policy of the Duval County School Board to ensure the equitable participation of Small/Micro Business Enterprises (SBEs) and Minority/Women Business Enterprises (M/WBEs) in its contract awards based upon availability. It is the DCPS intent in adopting this program to reflect the philosophy with regard to enhancing participation of Small Business Enterprises and Minority/Women Business Enterprise in all areas of procurement. B. In this regard, the Consultants shall take all necessary and reasonable steps to ensure that their team is diverse and that certified S/MBEs and M/WBEs have an equitable opportunity to compete and perform on this contract in accordance with the established goals. OEO GOALS: 10% S/MBE. Only Small, Micro and/or Minority/Women Business Enterprise firms certified with DCPS can be used towards meeting this goal. Only those SBE firms certified by DCPS are eligible for consideration. Please note that SBEs participating on DCPS projects must be certified as an SBE with the DCPS Office of Economic Opportunity prior to the proposal submission. Duval County Public Schools, Office of Economic Opportunity 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 904-858-1480 Telephone, (904) 858-4868, Fax www.duvalschools.org/Departments/Office of Economic Opportunity C. All firms interested in this project are hereby notified that failure to fully comply with the DCPS OEO policy as set forth herein shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by DCPS. The terms of this document shall survive the awarding of the contract and shall be incorporated in the terms and conditions of the subsequent contract between the parties. D. Provide a Letter of OEO Compliance and specify the following statement to show compliance with the Office of Economic Opportunity Program. (Please include the applicable paragraph.) The proposal provides for the specified participation by certified Small Business Enterprises (SBEs) through: 1. Being a certified SBE submitting as prime. 2. Subcontracting to certified Small/Micro Business Enterprise. Complete the attached OEO Form 1 and OEO Form 2, and 2A. (Attachment F) 3. Joint venturing with certified Small/Micro Business Enterprise. 4. Pre-Award Waiver for Good Faith Efforts. This proposal does not meet the goals established by the RFQ. The OEO Form 4 and the appropriate documentation are included with the proposal. E. The Consultant shall submit a summary of their SBE and W/MBE Participation using the OEO Form 1 (OEO Proposed Schedule of Participation Form) OEO Form 2 (Letter of Intent to Perform As an S/Micro Business Enterprise and /or M/WBE Subcontractor/Proposer, 2A (Office of Economic Opportunity Identification Affidavit) or the OEO Form 4 (Pre-Waiver for Good Faith Effort) with the appropriate documentation. Applicable Forms 1,2,2A, and 4 must be completed and submitted with your proposal. But Form 3 must be completed, notarized, and submitted with your proposal. In addition, please note that further OEO forms will be required after the award of the contract. http://www.duvalschools.org/Departments/Office Page 14 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW F. Evaluation of OEO Participation: In order to count the S/Micro Business Enterprise and/or M/WBE consultant amount toward the OEO goal, the consultant will submit the OEO Form 1, including second-tiered consultant, S/Micro Business Enterprise, firm name, phone and FAX numbers, scope of work, percentage of work, and the OEO Forms 2 and 2A affidavits certifying they have requested and received Request for Quotations from the SBE firms listed in their proposal documents; DCPS will attempt to confirm the contents of the submission by contacting the SBE firm by phone, facsimile, or certified letter, return receipt requested, within two work- calendar days after the date of Board approval of selection. 1. Consultant may count toward OEO goals only those consultants who are certified and licensed to do the work in the scope of work that a price quote was obtained. 2. Consultant may count first and second tier consultants toward the meeting of the established goals. If the consulting opportunity is second tier, please denote this in the left- hand margin on OEO Form 1. NOTE: Additional information may be requested as it pertains to these opportunities. 3. If a S/Micro Business Enterprise who is certified with DCPS submits a proposal as a Consultant firm, he or she can meet the designated goal. 4. Credit towards the OEO goal allowed for any joint venture with a S/Micro Business Enterprise will be determined by the percentage of ownership and control of the S/Micro Business Enterprise participants in the joint venture. The eligibility of a S/Micro Business Enterprise joint venture will be determined on a project-by-project basis by the OEO. A joint venture must be certified with DCPS as a S/Micro Business Enterprise joint venture, prior to bid opening, in order for the participation of the S/Micro Business Enterprise partner to be counted toward the OEO goal requirement. The S/Micro Business Enterprise partners share in the ownership, control, management responsibilities, risks and profits of the joint venture must be at least 25 percent and the S/Micro Business Enterprise partner must be responsible for the clearly defined portion of the work to be performed. Joint Venture Certification Applications are available upon request from the DCPS Office of Economic Opportunity. Joint Venture Certifications are required for each project the venture plans to participate in with the DCPS. 5. Consultant may not count the participation of any SBE that plans to do or actually does subcontract more than 49% of the work to a non-SBE sub-consulting firm towards achieving the OEO goal. G. Subconsultant Good Faith Efforts: Consultant who fails to meet the established goals set forth above are required to submit a completed OEO Form 4 (Pre-Waiver for Good Faith Efforts). H. Exclusionary Agreements: Agreements between any consultant and a S/Micro Business Enterprise and M/WBE in which the SBE and M/WBE promises not to provide professional services to other Consultant firms. I. Substitutions: If the successful Consultant wants to make a substitution of a S/Micro Business and/or M/WBE consultant or a joint venture, the Consultant must submit satisfactory written proof of non-compliance to the Office of Economic Opportunity and to the Executive Director of Facilities Design and Construction. (The term non-compliance is defined as fact and circumstances that substantially demonstrate a material breach by the consultant of the contract between it and the successful Consultant or between the first and second tier consultants. J. Reporting: The successful Consultant awarded this contract shall submit a monthly summary of actual S/Micro Business Enterprise and/or M/WBE participation using OEO FORM 5. Page 15 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW K. Compliance: The Consultant firm participating in this project is hereby notified that failure to fully comply with DCPS OEO policy as set forth herein may constitute a breach of the contract which may result in termination of the contract or other remedy as permitted by law or policy and permitted by Owner. Such sanctions may include but are not limited to the following: Firms/Persons violating the provisions of DCPS policy or who provide erroneous information are subject to: 1. Removal from the S/Micro Business Enterprise and M/WBE Directory. 2. Withholding payment of services until the deficiency is remedied. 3. A negative evaluation for up to two (2) years on future projects. 8.0 DISTRICTS RIGHTS AND RESERVATIONS A. The District reserves the right to accept or reject any or all proposals. B. The District reserves the right to waive any irregularities and technicalities and may at its sole discretion request clarification or other information to evaluate any or all proposals. C. The District reserves the right, before awarding the contract, to require Proposers(s) to submit additional evidence of qualifications or any other information the District may deem necessary. D. The District reserves the right, prior to its Board approval, to cancel the RFQ or portions thereof, without liability to any Proposers or the District. E. The District reserves the Right to: (1) accept the proposals of any or all of the items it deems at its sole discretion, to be in the best interest of the District, and (2) the District reserves the right to reject any and/or all items proposed. F. The District reserves the right to further negotiate any proposal, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the District reserves the right to discontinue negotiations and to negotiate and recommend award to the next highest ranked Proposer or subsequent Proposer(s) until an agreement is reached. 9.0 DISPUTE A. Any Proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support (formerly known as Associate Superintendent of Business Services), or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after RFQ opening or after recommendation of award or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. (EDT) on the fourth (4th) calendar day immediately following the RFQ opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. (EDT) on the next District workday. Protests shall be presented with specificity, and every issue shall be fully documented. B. The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. Page 16 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW C. The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. D. All Proposers shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. E. The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. F. The Hearing Officer shall issue his/her decision on or before five (5) working days of the completion of the protest hearing. G. The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. H. The District does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any Proposers utilizing delivery by fax shall assume the risk associated with incomplete delivery or non-receipt. I. Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the proposer but no later than 10 days prior to the date of bid opening or proposal due date. 10.0 LEGAL REQUIREMENTS 10.1 It shall be the responsibility of the Contractor to be knowledgeable of and adhere to the requirements of any Federal, State, County and local laws and ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the Contractor shall in no way be a cause for relief from responsibility. Upon award, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement, the following, all of which shall be incorporated into the Agreement by this reference, and which are attached as composite Attachment G: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. 10.2 The District is committed to a policy of providing equal job opportunities on public contracts and prohibiting discrimination against any employee, applicant, or Subcontractor. Accordingly, Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractors performance under the Contract on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Contract. 10.3 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; Page 17 of 22 Asbestos Environmental Services Consultant Continuing Contract, RFQ 10-21/TW 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 10.4 JESSICA LUNSFORD ACT: The Contractor shall comply with and be responsible for all costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005 (if applicable). The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct co