Commissioning and Testing, Adjusting & Balancing Services · Director of Purchasing Commissioning and Testing, Adjusting & Balancing Services ... Provide a signed cover letter that

Request for Qualifications RFQ # 20-22

Issue Date: October 25, 2019

By

Sonja Blinka Director of Purchasing

Commissioning and Testing, Adjusting & Balancing

Services

for

COM 2019 Bond Construction Projects

NOTICE TO RESPONDENTS College of the Mainland, hereinafter referred to as "College", will receive responses

mailed or delivered to: Sonja Blinka Director of Purchasing

College of the Mainland 1200 Amburn Road Building 11, Room117 Texas City, TX 77591

Commissioning (Cx) and Testing, Adjusting & Balancing (TAB) Services

RFQ #20-22

per specifications, terms, conditions and other information attached.

General Scope of Work: The College of the Mainland, (hereafter sometimes called the “College” or the “Owner”) is soliciting responses from qualified firms in order to contract for Commissioning (Cx) and Testing, Adjusting & Balancing (TAB) Services. Services are needed for the Construction Projects approved in the College of the Mainland 2019 Bond Program. This Solicitation sets forth the terms, conditions, and requirements for Respondents to be considered for a contract.

Pre-RFQ Conference: Interested vendors are encouraged to attend the Pre-RFQ Conference to be held at 10:30 AM, October 30, 2019, at the College of the Mainland, College Services Building #11, Room 117, located at 1200 Amburn Road, Texas City, Texas. The College Services building is located off Monticello St. on the backside of the college.

Responses must be received by the Purchasing Office, Building 11, Room 17, College of the Mainland, before 2:00 PM local time November 12, 2019.

Digital copies of the bid documents will be available can be found on the College of the Mainland Purchasing website at: https://www.com.edu/purchasing/current-bids Or by contacting: Sonja Blinka

Director of Purchaseing [email protected]

Attachments:

Milestone Schedule Technical Specifications Commissioning Technical Specifications Testing, Adjusting & Balancing

https://www.com.edu/purchasing/current-bids

mailto:[email protected]

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1. INTRODUCTION 1.1. General Description of Work: The work consists of the furnishing of all labor, instruments, tools,

and services required in connection with Commissioning (Cx) and Testing, Adjusting & Balancing (TAB) Services for the Construction Projects approved in the College of the Mainland 2019 Bond Program. The services shall be performed in strict conformity with the Construction Contract Documents and any amendments.

1.2. Term: The term of this Agreement shall begin on the Effective Date of the Agreement and terminate on or about the final project’s Estimated Substantial Completion Date unless earlier terminated as otherwise provided in this Agreement.

1.3. Tentative Schedule 10/30/2019 Pre-RFQ meeting 11/04/2019 Questions Cutoff 11/12/2019 Receive Statement of Qualifications responses 11/15/2019 Review SOQ’s 11/19/2019 Interviews 11/25/2019 Board Approval (Possible December approval pending final evaluations and

negotiations) 01/6/2020 Anticipated Contract Start Date (Letter of Intent will immediately follow Board

approval to proceed)

2. DEFINITIONS 2.1. College of the Mainland is herein referred to as "The College, or "Owner".

2.2. The party responding to this request is referred to as “Respondent” or "Vendor" or “Contractor” or "Proposer" or “Firm” or “Offeror."

2.3. Response is defined as a sealed package that includes Statement of Qualifications (SOQ), addenda, and any other related information.

2.4. Statement of Qualifications may be referred to as SOQ and is the questionnaire and other information provided by a respondent that identifies their qualifications. Statements of Qualifications shall be submitted in hardcopy form delivered as instructed herein.

2.5. Equipment ("the Equipment") is defined to include all equipment, components, hardware, software, supplies and related accessories for a completely operative system as described or properly inferred from the College's specification and Vendor's Statement of Qualifications.

2.6. Days are defined as calendar days.

2.7. Responsible is defined as: A contractor, business entity, or individual who is fully capable to meet all the requirements of this solicitation and subsequent contract, if any. Must possess the full capability, including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance.

2.8. Responsive is defined as: A contractor, business entity or individual who has submitted a Statement of Qualifications that fully conforms in all material respects to the RFQ and all its requirements, including all form and substance.

3. ADMINISTRATIVE INSTRUCTIONS and INFORMATION FOR OFFERORS 3.1. Submission of Statements of Qualifications

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3.1.1.Preparation: SOQ’s shall be prepared simply and economically with an emphasis on completeness and clarity of content. Elaborate binding and/or printing is highly discouraged. No three-ring plastic binders.

Respondents shall organize responses using the topical headings, and the sequence shown in Paragraph 4 below titled "Form of Response – SOQ Content”

3.1.2.Marking of SOQ Packages: SOQ’s must be placed in a sealed envelope or box which must be clearly marked with the name, return address of the company, the RFQ name, RFQ number and RFQ due date and time.

3.1.3.Number of Copies Requested: Provide one (1) original, three (3) copies and one (1) electronic version on CD or Flash drive.

3.1.4.No Respondent shall stipulate any conditions not required on the RFQ Form.

3.2. Statement of Qualifications Due Date: SOQ’s must be received and time stamped by the Purchasing Office, College of the Mainland by the closing time and date stated on the Notice to Respondents of this RFQ. Late responses will not be considered unless it is determined by the College that such action will not unduly delay the procurement of the item and would be in the best interests of the College. The College's decision in the matter of late responses is final and conclusive. Telephone, electronic and facsimile responses will not be accepted.

3.3. Statement of Qualifications Validity Period: Each response must state that it will remain valid upon the College’s acceptance for a minimum of one hundred twenty (120) days after the Submittal Deadline to allow time for evaluation, selection and any unforeseen delays.

3.4. Contract Documents: Any contract for the purchase of goods or services arising from this RFQ will be in the form of a written agreement signed by both parties. The agreement will incorporate by reference the Construction Documents and any revisions, this RFQ and any addenda plus the RFQ documents, which are the successful SOQ plus any changes made during clarification and technical discussions.

These articles shall collectively constitute the agreement and shall become a part of the agreement as if fully set forth therein. In case of conflict between the documents, the order of precedence shall be

3.4.1. The written Agreement between the College and the Contractor

3.4.2. The terms and conditions of the Statement of Work, Page 15.

3.4.3. The College's RFQ plus any addenda and the RFQ documents, which are the successful SOQ plus any changes made during clarification or technical discussions.

3.5. Contract Amendments: No modification or amendment to the agreement shall become valid unless in writing and certified by the respondent.

3.6. Duty to Inquire: Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Response is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the College's attention.

3.7. Point of Contact: Respondent communications with College regarding this RFQ shall be with Sonja Blinka, Director of Purchasing, [email protected].

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Any communications to members of the College of the Mainland Board of Trustees or College employees other than the assigned buyer between the publication of this RFQ and the Vendor Selection may be grounds for disqualification of a respondent from consideration for this solicitation.

3.8. Questions and Requests for Clarification: All questions and requests for clarifications must be submitted electronically to Sonja Blinka, Director of Purchasing, [email protected]. The final date to submit technical questions and clarification requests affecting responses shall be close of business November 4, 2019 Responses to the requests shall be distributed via email.

3.9. Withdrawal of SOQ Responses: Prior to the time and date designated for receipt of SOQ’s, any Response submitted may be modified, or withdrawn by notice to the party receiving SOQ’s at the place designated for receipt of Responses. Such notice shall be in writing and signed by an authorized representative of the Company. A Response may be withdrawn in person by an Offeror or its authorized representative if, before the time set for receipt of responses, the identity of the person requesting withdrawal is established and the person signs a receipt for the response. Withdrawn Responses may be resubmitted up to the date and time for receipt of Responses.

3.10. Addenda to RFQ Documents: Responses to inquiries, which directly affect an interpretation or change to this request for SOQ’s will be answered in writing by addendum (amendment) and sent to all parties recorded by the College as having received a copy of the request for SOQ’s (except addenda will not be sent to parties who have indicated no desire to participate.) All such addenda issued prior to the time that responses are to be received shall be considered part of the Request for Qualifications. Vendors are highly encouraged to monitor the COM website for issuance of addenda.

3.11. SOQ Preparation Costs: The College will not be liable for costs incurred by Respondents prior to issue of a contract for the work or services described herein; this includes costs incurred in preparation of responses to this request for qualifications.

4. FORM OF RESPONSE - SOQ CONTENT 4.1. Responses shall adhere to the format, organization and content required herein. Include only

items that are relevant to this RFQ project and the information requested. Submit all materials in a bound document with Main-Tabs and Sub-Tabs dividers as set forth herein. All paper shall be 8.5 x 11 inches, or paper that is neatly folded to those dimensions for convenient foldout. Organize in the following order.

4.1.1.Table of Contents

4.1.2.Cover Letter

Provide a signed cover letter that specifically states qualifications necessary to provide the services described in this RFQ and the Construction Documents.

The letter must confirm that all elements of the RFQ have been reviewed and understood, that the equipment, materials and services proposed fully meet or exceed the College's requirements except as noted, and that Vendor's response documents shall, at the option of the College, become a legally binding and essential portion of a final purchase contract between Vendor and the College. State the expiration date of the response.

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The letter may also explain the reasons why the Respondent believes that it is best suited for this project and include other information deemed important. The letter must be signed by an officer of the company with authority to make such an offer to the College.

4.1.3.SOQ Questionnaire

4.1.4.Response Certification Form

4.1.5.Statement of Qualifications Form

5. REVIEW OF RESPONSES - EVALUATION FACTORS FOR AWARD 5.1. This is a request for qualifications, not a request or invitation for sealed bid. SOQ’s will be

evaluated based on objective criteria formulated by the College on the most important features of a product or desired outcome of a service. The SOQ evaluation criteria should be viewed as standards which the College will use to measure how well a vendor's proposed product, service, method or technique meets the requirements and needs of the College.

5.2. SOQ’s will be read publicly to identify the names of the Respondents but will otherwise be afforded security sufficient to preclude disclosure of the contents of the SOQ’s or other information, until such time as a contract is awarded for the goods or services requested herein.

5.3. The College will thoroughly review all SOQ’s received. One or more respondents may be requested to provide additional information or clarify ambiguity. At the College's discretion, an award may be made without discussion based on the SOQ’s initially submitted or after discussions with those Respondents which, in the College's judgment, are within a qualified range. If a qualified range is established, it will consist of the SOQ/SOQ’s which have a more reasonable chance of being selected for award than other SOQ’s not in the qualified range. Action on SOQ’s not in the qualified range will be deferred pending an award and the College reserves the right to include additional SOQ’s in the qualified range if deemed in its best interest. The College reserves the right to award multiple contracts, or to reject any and all responses and re-solicit or temporarily or permanently abandon the procurement, as deemed in its best interests. If a contract is awarded, it will be awarded to the responsible and responsive Respondent(s) whose SOQ(s) is (are) most advantageous to the College in accordance with Government Code Chapter 2254. Proposals may be requested from the most qualified respondents.

5.4. When selecting the most advantageous SOQ, the College will consider the factors listed below. Submission of a response indicates Respondent's acceptance of the College's evaluation factors and Respondent’s recognition that the College will make objective judgments about the merits of each response compared to these factors. (See Statement of Work – Section 5)

5.4.1.Contractor Qualifications

5.4.1.1. General qualifications

5.4.1.2. Team qualifications

5.4.1.3. Experience and references

5.4.1.4. Financial Stability

5.4.1.5. Staffing Capacity

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5.4.2.Proposed Services

5.4.2.1. Schedule

5.4.2.2. Methodology

5.4.2.3. Submittals/Reports

5.4.2.4. Quality Assurance

5.4.2.5. Ability

5.4.2.6. Guarantee

6. TERMS AND CONDITIONS 6.1. Ineligibility: Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED. (a) A state agency

may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. (b) A bid or award subject to the requirements of this section must include the following statement: "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." (c) If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded under Subsection (a), the state agency may immediately terminate the contract without further obligation to the vendor. (d) This section does not create a cause of action to contest a bid or award of a state contract. (e) This section does not prohibit a bidder or contract participant from providing free technical assistance to a state agency.

6.2. Antitrust: Sec. 2155.005. COMPLIANCE WITH ANTITRUST LAWS. (a) A bidder offering to sell goods or services to the state shall certify on each bid submitted that neither the bidder, nor the person represented by the bidder, nor any person acting for the represented person has: (1) violated the antitrust laws codified by Chapter 15, Business & Commerce Code, or the federal antitrust laws; or (2) directly or indirectly communicated the bid to a competitor or other person engaged in the same line of business.

6.3. Interested Parties: Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) A governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. (b) The disclosure of interested parties must be submitted on a form prescribed by the Texas Ethics Commission that includes: (1) a list of each interested party for the contract of which the contracting business entity is aware; and (2) the signature of the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Disclosure of Interested Parties Form

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2155.004

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BC&Value=15

https://www.ethics.state.tx.us/rules/adopted_Nov_2015.html#Ch46.5

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6.4. Felony Conviction: Sec. 44.034. NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR. (a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. (b) A school district may terminate a contract with a person or business entity if the district

determines that the person or business entity failed to give notice as required by Subsection (a)

or misrepresented the conduct resulting in the conviction. The district must compensate the

person or business entity for services performed before the termination of the contract.

(c) This section does not apply to a publicly held corporation.

6.5. Payments: The College shall pay for goods or services in accordance with TITLE 10. GENERAL GOVERNMENT, SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT, CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES.

6.6. Executive Order 13224: College of the Mainland is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross referencing respondents/vendors with the System for Award Management (SAM), https://www.sam.gov/portal/SAM/##11, which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/SAM/##11.

6.7. Governing Law: This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas. Galveston County, Texas shall be the proper place of venue for suit on or in respect of the Agreement.

6.8. Cancellation: The College may cancel, in whole or in part and without penalty, any contract resulting from this request for qualifications at its convenience with 30-day advance written notice to the Contractor. In the event of such cancellation, the College shall be liable for the payment to Contractor for all work or services properly performed up to the effective date of cancellation. Upon notice of cancellation, the Contractor shall stop performance of work except as may be necessary to carry out such notice of cancellation. Contractor shall take any other action toward cancellation the College may reasonably direct upon cancellation, the obligations of the College and the Contractor to one another for the portion thereof that is cancelled shall cease, except for such obligations which, by their nature, survive the cancellation. If only a portion of the work is cancelled, Contractor shall continue to perform all portions of the work not cancelled and as to portions of the work not cancelled the contract shall remain in full force and effect In no event shall the College be liable to the Contractor for any anticipatory profits on any portion of the canceled work nor for any other sum except as set forth herein.

https://www.sam.gov/portal/SAM/%23%2311

https://www.sam.gov/portal/SAM/%23%2311

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6.9. Termination for Default: The College may terminate for Default any contract resulting from this request for qualifications if the College determines that the Contractor has failed to meet the performance requirements of the contract, fails to perform any provisions of the Contract, or breaches any of the terms hereof or if the Contractor becomes insolvent or commits acts of bankruptcy. Termination shall be accomplished by delivery to Contractor of a "Notice of Termination" specifying the extent to which performance of the work under the order is terminated and the date upon which such termination becomes effective. Such a right of termination is in addition to, not in lieu of any other remedies, which the College may have in law or equity.

6.10. Loss of Funding: Performance by College under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature") and/or allocation of funds by the Board of Trustees of College of the Mainland (the "Board"). If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then College shall issue written notice to Contractor and College may terminate this Agreement without further duty or obligation hereunder. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of College.

6.11. Indemnification: 6.11.1. To the fullest extent permitted by applicable law, contractor and its agents, partners,

employees, and consultants (collectively "indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by College, and hold harmless College and the college district, its affiliated enterprises, representatives of college, and their respective officers, directors, regents, partners, employees and agents (collectively "indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorneys' fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of this agreement or the custodial services or any part thereof, which are caused in whole or in part by any negligent act or omission or willful misconduct of the indemnitors, anyone directly or indirectly employed by the indemnitors or anyone for whose acts the indemnitors may be liable, even if it is caused in part by the negligent act or omission or willful misconduct of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee. In the event more than one of the indemnitors are connected with an incident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. The provisions of this section shall not be construed to eliminate or reduce any other indemnification or right which college or any of the indemnitees has by law.

6.11.2. In addition, the indemnitors shall and do hereby agree to indemnify, protect, defend with counsel approved by College, and hold harmless indemnitees from and against all claims arising from infringement or alleged infringement of any patent, copyright, trademark or other proprietary interest arising by or out of the performance of services or the provision of goods by the indemnitors pursuant to this agreement, or the use by the indemnitors, or by indemnitees at the direction of the indemnitors, of any article or material; provided, that, upon becoming aware of a suit or threat of suit for such infringement, the indemnitees shall promptly notify the indemnitors and the indemnitors

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shall be given full opportunity to negotiate a settlement. The indemnitors do not warrant against infringement by reason of the indemnitees' design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the indemnitees agree to cooperate reasonably with the indemnitors and all parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.

6.11.3. The indemnities contained herein shall survive the termination of this Agreement for any reason whatsoever.

6.12. Publicity: Contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of College except on the specific prior written authorization in advance by the College. Contractor shall not install signs or other displays within or without College's premises unless in each instance the prior written approval of College has been obtained. However, nothing in this clause shall preclude Contractor from listing College on its routine client list for matters of reference.

6.13. Public Information Act: Material submitted in connection with this request for qualifications or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act").

6.14. Tax Exempt: College of the Mainland is exempt from all Federal Excise and Transportation Taxes, as well as the State of Texas Limited Sales Tax. An exemption certificate will be furnished upon request.

6.15. Prohibition against outside agents: Respondent represents and certifies that it has not employed or retained any other company or person (other than a bona fide employee working exclusively for the Respondent) to solicit or secure this service and that it has not paid or agreed to pay any other company or person (other than a bona fide employee working exclusively for the Respondent) any fee, commission, percentage or brokerage fee contingent upon or resulting from this service.

6.16. Terms of Purchase - Modifications: This RFQ (including attachments) contains proposed terms of purchase. These proposed terms address all major issues of the intended procurement.

6.17. Independent Contractor - Contractor recognizes that it is engaged as an independent contractor and acknowledges that College shall have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be an officer, partner, employee or agent of College by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, representative, employee or agent of College, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law. All of Contractor's employees furnishing services to College shall be deemed employees solely of Contractor and shall not be deemed for any purposes whatsoever employees or agents of, acting for or on behalf of, College. No acts performed or representations, whether oral or written, made by Contractor with respect to third parties shall be binding upon College.

6.18. Design Team: PBK Architects, Samuel Hero, [email protected].

mailto:[email protected]

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6.19. College Technical Representatives: The College's Technical Representative (CTR) shall be Charles King, Director of Facilities & Maintenance, [email protected], or William Roy, Safety Officer/Energy Specialist [email protected]. Charles King or William Roy, shall have authority and responsibility to perform the following tasks on behalf of the College. (1) Provide interpretation of the scope and specification of the services; (2) Monitor performance of the services to ensure compliance with the schedule, specification or statement of work; (3) Inspect services against the specification or statement of work and report compliance and/or deficiencies and make the final determination of acceptance; (4) The CTR shall not have authority to effect changes or modifications to the contract, or to any contractual provisions or performance requirements. Contracting authority to effect changes or modifications to the contract, or to any contractual provisions or performance requirements is expressly reserved for the Purchasing Office.

6.19.1.1. During performance of any work on College premises, the Vendor shall maintain in full force and effect the following insurance, satisfactory to the College as to form and limits of liability.

6.19.1.1.1. Workers' Compensation as required by Title IV Texas Labor Code for all employees of the Contractor providing services under the contract on any property or campus of the College. Vendor represents to the College that all employees of the Contractor who will provide work on any property or campus of the College will be covered by workers' compensation coverage for the duration of the work and one year thereafter, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be properly filed as required by the Texas Labor Code.

6.19.1.1.2. Public liability, property damage and vehicle minimum insurance as follows:

Employers Liability Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Each Employee Bodily Injury by Disease $1,000,000 Policy Limit

Commercial General Liability (occurrence base)

Bodily Injury and Property Damage

$1,000,000 Each Occurrence limit

$2,000,000 Aggregate Limit

$2,000,000 Products/Completed Operations Aggregate Limit

Automobile Liability All Owned, $100,000.00 Combined Single Hired and Non-owned Vehicles Limit (for each accident)

Umbrella in excess of primary coverage $1,000,000.00 Per Occurrence

The insurance shall be written by insurance companies lawfully authorized to do business in the State of Texas and listed in the A.M. Best Key Rating Guide - Property and Casualty with a policyholder's rating of A and a financial category size of Class VII. The College is to be named as additional insured and a waiver of subrogation shall be provided to the College. The policies shall contain a

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provision that liability coverage will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to the College.

6.19.1.2. Indemnification Against Claims and Damages: During the period of performance of any contract resulting from this RFQ, Contractor agrees:

6.19.1.2.1. To be responsible for and indemnify and hold the College harmless from and against all losses, claims, costs, expenses, damages, and liabilities (including reasonable attorney's fees) arising out of injuries or death to persons or damage to property resulting from or pertaining to the acquisition, delivery, setup, installation, test or operation of equipment or the performance of services proposed herein due to Contractor's negligence or willful misconduct, or that of its agents, employees, subcontractors or distributors.

6.19.1.2.2. To replace or repair at proposer's own expense and to the satisfaction of the College any damage done to the College's buildings, grounds, or premises by the Contractor, or its agents, employees, subcontractors or distributors.

6.20. Smoke and Tobacco Free Environment: The College District prohibits the use of tobacco, E-cigarettes, vaping pens and any other related products and devices by any employee, student, or visitor on all premises owned, rented, leased, or supervised by the College District, including all College District facilities, buildings, and grounds. This prohibition applies to property owned by others that the College District uses by agreement, and further applies to all District vehicles.

6.21. Use of Project Site: 6.21.1. Where it is necessary for the Vendor to use portions of College buildings and or grounds

for operations, such use shall be strictly in accordance with requirements and approval of the College. The Vendor shall confine operations at the project site to areas permitted by the College.

6.21.2. The Vendor shall sweep, dust, and clean up all trash, rubbish, empty cartons, crates, wrapping and other waste resulting from services performed. Remove same from the project site and properly dispose of same at Vendor’s expense. No empty cartons, crates, wrappings, trash, rubbish are to be left in the building or on the project site overnight. If the Vendor does not provide prompt compliance with these clean-up requirements, the College may make separate arrangements, the cost of which will be charged to the Vendor.

6.21.3. The Vendor is responsible for acts and omissions of his employees and all of Vendor’s subcontractors, their agents and employees, in the performance of work for this project. The Vendor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property to protect them from damage, injury or loss. The Vendor shall initiate, maintain and supervise safety precautions and programs in connection with the work and take reasonable precautions for the safety of, and shall provide protection to prevent damage, injury or loss to all employees on the work and all other persons who may be affected thereby, and all the work and all materials to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities.

6.22. Presence on College Premises:

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6.22.1. Contractor agrees that it will insure that all persons working for or on behalf of Contractor whose duties bring them upon College's premises shall obey the rules and regulations that are established by College and shall comply with such reasonable directions as College's CTR Representative may give to Contractor.

6.22.2. Contractor shall be responsible for acts of its employees and agents while on College's premises. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons and property located on College's premises. Contractor shall be responsible for all damages to persons or property caused by Contractor or any of its agents or employees. Contractor shall promptly repair, in accordance with the specifications of College, any damage that it, or its employees or agents, may cause to College's premises or equipment. On Contractor's failure to do so, College may repair such damage and Contractor shall be withheld from payment.

6.22.3. Contractor agrees that, in the event of an accident of any kind, including personal injury to any person in the Service Area as a result of Contractor's services, disruption of building's functions, or disruption of normal building security, Contractor will immediately notify the COM College Police Department at 409 944-8403 and thereafter furnish a full written report of such accident.

6.22.4. Contractor shall perform the services contemplated in this Agreement without interfering in any way with the activities of College's students, employees or visitors.

6.22.5. Contractor's vehicles shall park in the Sub-contractor Parking Lot on Monticello Drive and must abide by College parking policy. Contractor's vehicles must be kept in good condition and appearance. Equipment must be appropriate for work planned. Vehicles must not leak oil onto walk-drive when parked.

6.22.6. Contractor’s employees must wear clothing that is non-revealing or contain logos, sayings, pictures and advertisements other than discreet company logos.

6.23. Security: College's Police Department has the authority and responsibility to maintain the security of all College premises and property. Contractor shall cooperate with College's Police Department in all matters including the reporting of suspected security violations. Contractor shall immediately report any evidence of security breaches to the College Police Department.

In addition to any other security rules and regulations, Contractor shall inform his employees that no guns, knives, or other dangerous weapons are allowed on the premises except as allowed by College policy and that no dangerous drugs, or other prohibited substances, including alcohol, are allowed on the premises.

Interaction relating to non job-related issues with students, faculty and staff is prohibited. The College strictly prohibits "cat calling", "whistling", "profanity", "derogatory remarks" or any form of harassment toward faculty, staff, students and visitors.

6.24. Conflict of Interest: Persons contemplating business with the College must conform to the requirements of Chapter 176, Texas Local Government Code as it pertains to conflict of interest.

6.25. Owner expressly retains the right to stop work on the Project if the Contractor fails to

correct work or fails to carry out work which is not in accord with the Contract Documents.

Additionally, the owner may, without prejudice to other rights or remedies available, and after

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giving the Contractor thirty (30) days written notice, terminate this agreement if: (a) the

Contractor fails to supply enough properly skilled workers or proper materials for an

unreasonably long period of time during work on the Project; (b) fails to properly pay

subcontractors for materials or labor, disregards laws, ordinances, rules, regulations or orders

of public authority having jurisdiction; or (c) otherwise is guilty of substantial breach of any

provision of the Contract. If Owner should terminate the Contract, then Owner shall be entitled

to all rights of recovery described in the paragraph entitled "Time of Completion" above. In

addition to these rights, if the Owner should terminate, the Owner may: (a) take possession of

the site and finish the Project by whatever reasonable method the Owner may deem

expedient.

6.26. Permits, Fees and Compliance: Contractor shall, at Contractor's expense, apply for, procure and maintain all required and necessary licenses, permits, inspections, government fees, and approvals, and issue all required notices or notifications, in compliance with applicable laws and ordinances. Contractor shall at all times perform its services in compliance with the laws and ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work and shall promptly notify Owner if the Project requirements are at variance therewith.

6.27. Compliance with Law: Respondent is aware of, fully informed about and in full compliance with its obligations under existing applicable laws, regulations and executive orders, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(0)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6,7, and 12, as amended, Immigration Reform and Control Act of 1986, Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507), Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), Civil Rights Act of 1991, Occupational Safety and Health Act of 1970, as amended (PL 91-596) and all other applicable laws, regulations and executive orders.

6.28. Equal Opportunity: Pursuant to federal, state and local laws, Contractor represents and warrants that it is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, age, mental or physical disability or sex.

6.29. Governing Documents: Where specific terms or conditions of this RFQ are inconsistent with the Vendor’s or any sub-contractor’s or original equipment manufacturers standard terms of sale or trade custom, then these (i.e., the College’s) specific conditions shall prevail.

6.30. Severability: In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein.

6.31. Terrorist Organization Prohibition: Pursuant to the provisions of Subtitle F, Title 10, Texas Government Code 2252.152 (CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED) a governmental entity may not enter into a governmental contract with a company that is identified on a list

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prepared and maintained under Texas Government Code Section 806.051, 807.051, or 2252.153.

6.32. Texas Ethics Commission: In accordance with HB 1295 and Section 2252.908 to the Texas Government Code, public entities are required to collect a Disclosure of Interested Parties (Form 1295) before entering into a contract with a vendor that requires an action by the Board of Regents. College of the Mainland’s policy requires all contracts valued at $50,000 or more be approved by its governing body, the Board of Regents. (Please note that a new filing must be completed for each awarded contract.)

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Commissioning (Cx) and Testing, Adjusting and Balancing (TAB) Services

STATEMENT OF WORK 1. Purpose: College of the Mainland is requesting Statements of Qualifications for Commissioning and

Testing, Adjusting and Balancing Services. These services are required for the College of the Mainland 2019 Bond Program Construction Projects. The services shall be performed in strict conformity with Construction Contract Documents including all amendments and the following Specifications:

SECTION 23 05 93: TESTING, ADJUSTING, AND BALANCING FOR HVAC: STEAM/ALLIED HEALTH BUILDING

SECTION 23 05 93: TESTING, ADJUSTING, AND BALANCING FOR HVAC: ADMINISTRATION BUILDING

SECTION 23 05 93: TESTING, ADJUSTING, AND BALANCING FOR HVAC: PHYSCICAL PLANT EXPANSION (CENTRAL UTILITY PLANT/CUP)

SECTION 22 08 00 COMMISSIONING OF PLUMBING SYSTEMS SECTION 23 08 00 COMMISSIONING OF HVAC SYSTMS

SECTION 26 08 00 COMMISSIONING OF ELECTRICAL SYSTMS

2. Description of Construction Projects requiring Cx and TAB Services:

2.1. STEAM /Allied Health Building

2.1.1. Project Area: 160,000 SF.

2.1.2. General Contractor: Austin Commercial L.P.

2.1.3. Estimated Substantial Completion Date: 1/1/2021.

2.2. Administration Building 2.2.1. Project Area: 60,000 SF.


2.2.3. Estimated Substantial Completion Date 12/10/2020.

2.3. Physical Plant Expansion (Central Utility Plant/CUP) 2.3.1. Project Area: 5,000 SF.


2.3.3. Estimated Substantial Completion Date: 7/6/2020.

2.4 Police Station


2.4.2. General Contractor: To Be Determined

2.4.2. Estimated Substantial Completion Date: 10/19/2020

2.5 Industrial Careers

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2.6 Math/Science Improvements

2.6.1. Project Area: 19,786 SF to include modifications to the building envelope, Architectural, mechanical, electrical, plumbing, technology, fire & life safety, and security. Scope to be determined.



2.7 Technical Vocation Careers

2.7.1. Project Area: 110,500 SF



2.8 Performing Arts

2.8.1. Project Area – New: 8,000 SF

Project Area – Renovation: 2,500 SF



2.9 Police Station




2.10 Child Care Center




3. COM Contract for Professional/Consulting Services: Sample Contract attached.

4. Contractor Qualifications

4.3. General Qualifications 4.3.1. Must have been in business for a minimum of three (3) years with providing

Commissioning Services and Testing, Adjusting and Balancing Services as a major portion of your company’s business.

4.4. Team Qualifications

4.4.1. Consultant:

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4.4.1.1. Must have a minimum ten (10) years of related consulting and management experience.

4.4.2. Project Manager:

4.4.2.1. Must have a minimum five (5) years of related field and management experience.

4.4.3. Field Technician:

4.4.3.1. Must have at least five (5) years of related field experience.

4.5. Experience and References

4.5.1. Must be able to provide at least three (3) references for similar services performed within the last five years that the College may contact.

4.6. Financial Stability

4.6.1. Must have available resources to meet the project schedule and program requirements and be able to provide financial statements to the College if requested.

4.7. Staffing Capacity

4.7.1. Must be able to provide services within the projects’ timeline.

5. Proposed Services

5.3. Schedule

Contractor shall begin services on the “Effective Date” of the signed agreement and terminate service on the final project’s Estimated Substantial Completion Date. (Attach Schedule?)

5.4. Methodology

5.4.1. General Description of Work: The work consists of the furnishing of all labor, instruments, tools, and services required in connection with the Cx and TAB services for projects specified in the College of the Mainland 2019 Bond Program.

5.4.2. Cx and TAB Services must be performed in accordance with the Construction Documents and all amendments.

5.5. Quality Assurance

5.5.1. Commissioning services must meet the ASHRAE Guidelines 1: The Commissioning Process, 1996 and Model Commissioning Plan, Portland Energy Conservation, Inc.

5.5.2. Testing, Adjusting and Balancing services must meet ASHRAE 111 – Practices for Measurement, Testing, Adjusting and Balancing of Building Heating, Ventilation, Air Conditioning and Refrigeration Systems and NEBB Procedural Standards for Testing, Adjusting and Balancing of Environmental Systems.

5.5.3. Contractors must be capable of ensuring communication and meeting participation with Owner and Architect/Engineer representatives over the course of the project.

5.5.4. Contractor shall calibrate their test instruments at least every 12 months or more frequently if required by the instrument manufacturer.

5.5.5. GuaranteeGeneral: The Owner shall not be deprived of any rights the Owner may have under provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents.

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Cx and TAB Services

SOQ QUESTIONNAIRE

1. VENDOR OUALIFICATIONS 1.1. GENERAL QUALIFICATIONS

1.1.1. FIRM NAME(S) AND GENERAL INFORMATION 1.1.1.1. Primary Project Office: Office where most Project Services will be performed. 1.1.1.2. Firm Name and Address: 1.1.1.3. Telephones-Voice and Fax: 1.1.1.4. Email Address: 1.1.1.5. Website URL: 1.1.1.6. Total Personnel at this office: _______. 1.1.1.7. Project Services performed in this office: ______.

1.1.2. PRINCIPALS TO CONTACT: List not more than two principals who are authorized to bind the Respondent contractually with respect to the RFQ.

1.1.2.1. Point of Contact: Primary contact for RFQ Communications. 1.1.2.1.1. Name and Title: 1.1.2.1.2. Location: 1.1.2.1.3. Telephones-Voice, Fax and Cell: 1.1.2.1.4. Email Address:

1.1.2.2. Additional Contact: Principal to contact if other Principal is not available. 1.1.2.2.1. Name and Title: 1.1.2.2.2. Location: 1.1.2.2.3. Telephones-Voice, Fax and Cell: 1.1.2.2.4. Email Address:

1.1.3. OTHER TYPE OF INFORMATION: 1.1.3.1. Type of Organization: Check one.

1.1.3.1.1. Individual or Sole Proprietorship Partnership

1.1.3.1.2. Professional Corporation/Association Joint Venture

1.1.3.1.3. Corporation Other Firm Associations

1.1.3.2. Year Present Firm Was Established:

1.1.3.3. Present Firm Owner: 1.1.3.3.1. Names of Persons with 5% or More Ownership: 1.1.3.3.2. Number of Other Owners:

1.1.3.4. Name of Parent Company, if any:

1.1.3.5. Former Firm Names and Years of Operation:

1.2. TEAM QUALIFICATIONS 1.2.1. PROJECT TEAM MEMBERS: List key professionals who you plan to assign to this project,

including other information listed. 1.2.1.1. Title:

1.2.1.1.1. Name:

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1.2.1.1.2. Project Role: 1.2.1.1.3. Professional Credentials: 1.2.1.1.4. Approximate % of Project Work Hours: % 1.2.1.1.5. Experience: years with Firm. Years performing this type of work 1.2.1.1.6. (Add Team Members as Needed)

1.2.2. RESPONDENT’S SUB CONTRACTORS: List Sub Contractor (if any) that you plan to use on this Project.

1.2.2.1. • Specialty: 1.2.2.1.1. Firm Name: 1.2.2.1.2. City Location (Add Others as needed)

1.2.3. ATTACHED INFORMATION: Include information listed below. 1.2.3.1. Respondent Resumes: Are they attached for all persons listed?

1.2.3.2. Yes No

1.3. EXPERIENCE AND REFERENCES

1.3.1. 1CLIENT REFERENCES: Describe your company's experience in providing the requested products and services. Responders shall include a list of a minimum of three references servicing similar accounts as College of the Mainland within the last five years. Note project title, type, size, and date of completion. The list of references must include a valid name, title and contact information, including phone and e-mail address.

1.4. FINANCIAL STABILITY

1.4.1. RESPONDENT’S FINANCIAL STATEMENT: Will you promptly provide a copy of your latest financial statement and other relevant financial information if requested by the College?

1.4.1.1.1. Yes No If no, please explain

1.4.2. CLAIMS AND CONTRACT PERFORMANCE: 1.4.2.1. Previous Claims Against You: Have you had any judgments, claims, arbitration

proceedings or suits asserted against your Firm or its officers within the last five years?

1.4.2.1.1. Yes No If yes, please explain each.

1.4.2.2. Current Claims Against You: Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your Firm or its officers?


1.4.2.3. Your Claims Against Others: Has your Firm filed any lawsuits or requested arbitration related to any professional services contracts within the last five years?


1.4.2.4. Failure to Complete Contract: Has your Firm ever failed to complete professional services for which you were under contract?


1.5. STAFFING CAPACITY

1.5.1. List the projects your organization has in progress, giving the names and location of project, contract amount, percent complete and scheduled completion date. Include name of Owner and Architect and their contact person with phone number and e-mail address.

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1.5.2. Is your company capable of meeting the project timeline? Yes No

1.5.3. Describe how you will ensure that the timeline will be met considering your work in progress.

2. SERVICES TO BE PROVIDED

2.1. SCHEDULE: 2.1.1. Provide a proposed schedule for each building project specified in the COM 2019 Bond

Construction Projects.

2.1.2. Describe the way in which your firm develops and maintains a work schedule that coordinates with project schedules.

2.2. METHODOLOGY

2.2.1. Describe your firm’s methodology for performing the services described in this document.

2.2.2. Provide a detailed description on how your company will meet these requirements and show how it complies with or exceeds the requirements of the College's technical documents referenced in this RFQ.

2.3. SUBMITTALS/REPORTS

2.3.1. Describe the types of reports, plans, diagram etc. your firm will provide that are required in the College’s technical documents.

2.3.2. Provide sample submittals/reports for the following:

5.5.5.1. Quality-Assurance Submittals 5.5.5.2. Contract Documents Examination Report 5.5.5.3. Strategies and Procedures Plan 5.5.5.4. Certified Commissioning Reports 5.5.5.5. Sample Report Forms 5.5.5.6. Warranty 5.5.5.7. Initial Construction-Phase Report 5.5.5.8. Status Reports 5.5.5.9. Preliminary Reports 5.5.5.10. Final Report

2.4. QUALITY ASSURANCE

2.4.1. Attach evidence of your firm’s Cx and TAB certifications by attaching copies to your Response.

2.4.2. Describe your firm’s approach in maintaining communication and coordinating services between the Owner’s and the Architect/Engineer’s representatives in a form that will quickly facilitate the Owner’s decision making, and keep all parties informed of problems and work progress.

2.4.3. List and describe the instrumentation type, quantity and accuracy that will be used for the specified projects.

2.4.4. Describe your equipment maintenance and calibration programs for the specialized test equipment proposed for use during this project.

2.5. ABILITY

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2.5.1. Describe your firm’s abilities relative to other firms who may be submitting SOQ’s.

2.5.1.1. How do you differ?

2.5.1.2. What are your strengths?

2.5.1.3. How do you perceive that your service philosophy differs from other firms?

2.5.2. Describe your firm’s ability to coordinate the efforts of factory authorized service representatives for systems and equipment and other mechanics to operate systems and equipment to support and assist CX and TAB activities.

2.5.3. Describe your firm’s ability to perform examination tasks specified in Construction Documents.

2.5.4. Describe your firm’s preparation methods for the following:

2.5.4.1. Cx and TAB plans that include strategies and step-by-step procedures.

2.5.4.2. Performance of complete system readiness checks

2.5.4.3. System readiness reports

2.6. GUARANTEE:

2.6.1. Provide all pertinent guarantee information.

2.6.2. Identify your guarantee follow-up capabilities.

3. ADDITIONAL INFORMATION 3.1. Provide detailed information on additional services that could be provided by the vendor that

the College may wish to consider for inclusion in the service contract.

4. ADDENDA ACKNOWLEDGEMENT 4.1. Addenda must be acknowledged by certification of the Statement of Qualifications.

5. PROPOSER CERTIFICATION FORM

5.1. The blank form provided in this RFQ must be completed and included with Offeror's response.

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REFERENCES

Financial stability must be demonstrated by each Bidder as well as a reliable delivery record to include a list of at least three (3) similar accounts that have utilized similar products or services for a minimum of one year.

1. Business Name:

Contact:

Phone: - - Fax: - -

Description of Project or Work:

2. Business Name

Contact:

Phone: - - Fax: - -


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REFERENCES

3. Business Name

Contact:

Phone: - - Fax: - -


The undersigned agent confirms that the above references may be contacted by the College to

obtain your business history.

Company Name - Please Print

(Authorized Agents Original Signature) (Date)

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RESPONDENT’S CERTIFICATION FORM

FELONY CONVICTION NOTICE

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states, “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states, “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Subsection (c) states, “this section does not apply to a publicly held corporation.” I, the undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been reviewed by me and that the following information furnished is true to the best of my knowledge. ____ My firm is a publicly held corporation. This reporting requirement is not applicable.

____ My firm is neither owned nor operated by anyone who has been convicted of a felony.

____ My firm is owned or operated by the following individual(s) who has been convicted of a felony:

Name of felon(s):

General description of conviction:

______ Initials of Authorized Representative of Vendor

NON-COLLUSION AFFIDAVIT

By submission of this SOQ, the undersigned certifies that:

A. The SOQ has been independently arrived at without collusion with any other competitor; B. This Respondent has not knowingly disclosed and will not be knowingly disclosing competitor or

potential competitor, prior to the opening of the Responses for this project. C. No attempt has been or will be made to induce any other person, partnership or corporation to submit

or not submit a Response. D. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained

in this certification, and that the penalties herein are applicable to the respondent as well as to any other person signing in his behalf.

______ Initials of Authorized Representative of Vendor

FRANCHISE TAX CERTIFICATION

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As required by §2252.903, Government Code, bidder's official certifies that it is not currently delinquent in payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code, or that it is exempt from, or not subject to, such tax. Please indicate your status: _____ The corporation is exempt from payment of franchise taxes or is an out-of-state corporation not subject to

franchise tax; therefore, I am submitting a certified statement to that effect. _____ The corporation is subject to Texas franchise tax. I hereby certify that there is no delinquent Texas

franchise tax pending against the corporation. _____ I hereby certify that there is delinquent Texas franchise tax pending against the corporation. ______ Initials of Authorized Representative of Vendor

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

As per Section 231.006, Texas Family Code, as amended by Section 82 of H.B. 433, 74th Legislature, R.S. (Acts 1995, 74th Leg., R.S., Ch. 751), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which such a person is the sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property, materials, or services. I further acknowledge that a child support obligor or business entity ineligible to receive payments described above shall continue to be ineligible until: (1) all arrearage have been paid; (2) the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or (3) the court of continuing jurisdiction over the child support order has granted the obligor an exemption. In accordance with 231.006, the names and social security numbers of the individual identified in the contract, bid or application or the sole proprietor and each partner, shareholder, or owner with a minimum 25% ownership interest in the business entity identified therein are provided below:

___________________________ ________________________ Name Social Security Number



Pursuant to Section 231.006, the vendor hereby certifies that the individual or business entity named in this contract, bid, or application, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract

may be terminated and payment may be withheld if this certification is inaccurate. ______ Initials of Authorized Representative of Vendor

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COMPLIANCE WITH ANTITRUST LAWS (TX GOV’T CODE 2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In connection with this RFQ, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws codified in Tex. Bus. & Comm. Code Chapter 15;

3. In connection with this RFQ, neither I nor any representative of the Company have violated any federal antitrust law; and

4. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this RFQ to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

______ Initials of Authorized Representative of Vendor Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

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STATEMENT OF QUALIFICATIONS FORM

Page 1 of 2

SOQ FOR: COMMISSIONING (Cx) and Testing, Adjusting & Balancing (TAB) SERVICES

TO: College of the Mainland Sonja Blinka

Director of Purchasing Building 11, Room 117

1200 Amburn Road Texas City, Texas 77591

DATE: __/__/2019

SUBMITTED BY: Name of Respondent: ______________________________________

Address: _________________________________________________

To Whom It May Concern:

The undersigned, in compliance with your Request for Qualifications for Commissioning (Cx) and Testing, Adjusting & Balancing (TAB) SERVICES required the building projects approved in the 2019 Bond Program for the College of the Mainland, has examined the sites and this RFQ document prepared by the College and is familiar with all aspects of the work and all conditions surrounding the work.

I acknowledge all Addenda below and have included their provisions in this Response:

Addendum No: Dated: Addendum No: Dated:

College’s Payment Terms: College’s standard payment terms for services are “Net 30 days” in accordance with Texas Government Code, Chapter 2251, Subchapter B “Payment for Goods and Services.”

RESPONDENT HEREBY AGREES:

1. Have examined the documents and the project site.

2. Have read the terms and conditions and is eligible to participate in this transaction and

acknowledge that any resulting contract may be terminated and payment withheld if this

certification is inaccurate.

3. To enter into and execute a Contract, if notified of selection as result of this SOQ, and to furnish

required Certificate of Insurance, Schedule of Values and Service Schedule within ten (10) days

of contract execution.

a. Notice to proceed will be contingent on the receipt of above items.

4. To accomplish the work in accordance with the Contract Documents.

5. To complete the Work within the time and schedule allotted for full completion of all work and abides by the terms for time of completion specified.

6. The undersigned agrees and pledges himself to complete the work in full in accord with the response.

Respondent understands that the Owner reserves the right to base its decision on the best interest of the College.

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STATEMENT OF QUALIFICATIONS FORM

Page 2 of 2

Respectfully submitted,

_________________________________________ Name of Officer

_________________________________________ Signature of Officer

_________________________________________ Title of Officer

_________________________________________ Firm Name

_________________________________________ Street Address

_________________________________________ City, State and Zip Code (Seal if Corporation)

CONTRACT FOR PROFESSIONAL/CONSULTING SERVICES

THIS AGREEMENT is entered into as of (“Effective Date”) between College

of the Mainland (the "College"), a public junior college pursuant to Section 130.004 of the

Texas Education Code, and (“Contractor”).

1. SCOPE OF WORK.

2. COMPENSATION. For the services to be provided hereunder, the College shall pay

Contractor a fee, plus reimbursable expenses, as follows:

a. _______ This is a fixed price contract. College will pay Contractor the amount of

$_________.

b. _______ This is not a fixed price contract. College will pay Contractor an amount not to

exceed $_______________________ based on $____________ (hourly rate) or as set

forth in the Contractor’s proposal dated ______________, attached hereto.

c. Reimbursable Expenses: Not to exceed $ _____________, which will include but not be

limited to the following:

(i) Expense of transportation and living when traveling in connection with the

project, at College's prior request, for other than regular trips within the

College District area.

(i) Actual cost for long distance calls in connection with the project.

(ii) Actual cost of printing and copying in connection with the project.

The above costs will be processed for reimbursement upon receipt of original invoice or

other acceptable verification.

All payments must be supported by properly detailed invoices. Payment shall be rendered

within forty‐five (45) days of receipt of proper invoice from Contractor for services

performed. If payment is not rendered within forty‐five (45) days of invoice date, there

will be a late charge equal to 1% of the amount due in accordance with Section 2251.026

of the Texas Government Code.

3. SCHEDULE. The work to be performed under this contract shall commence upon the

Effective Date of this agreement and continue until the earlier of, or until all

work is completed hereunder. If the Contractor fails to prosecute the work with diligence

and fails to complete the work within the specified time of this Contract, or any extension

thereof, the College may by a written notice to the Contractor, terminate this Contract.

In this event the College may complete the work as necessary and may take possession of

and use any materials on the work site which is necessary for completing the work.

The Contractor shall be liable for any damage to the College resulting from the

Contractor’s failure to complete the work within the specified time, whether or not

the Contractor continues to work under the terms of this Contract. This liability

includes any increased costs incurred by the College in completing the work.

4. DELAY. Should the Contractor be delayed in the prosecution or completion of the WORK by

other contractors employed by the College, or by any damage caused by fire, weather

conditions or casualty for which the Contractor is not responsible, or by general strikes or

lockouts caused by reason of any or all of the causes aforesaid, an extended period shall be

determined and fixed at the sole discretion of the College; but no such allowance shall be

made unless a claim therefore is presented in writing to the College within ten (10) days of

the occurrence of such delay. Contract time may be extended only through a written change

order.

5. OWNERSHIP OF DOCUMENTS. All documents, including original drawings, estimates,

specifications, field notes and data are and shall remain property of the College. The

Contractor will be furnished reproducible copies of such drawings and other documents

needed for implementation of the required work. The College and Contractor agree that these

drawings and documents will be used solely in connection with the assignment covered by

this Agreement and for no other purpose without prior negotiation.

6. INDEMNITY. To the fullest extent permitted by law, the Contractor shall indemnify and

hold harmless the College, its Board of Trustees, its member colleges, agents, employees,

officers, directors, volunteers, administrators, successors and assigns from and against all

claims, injuries, damages, losses, costs, liens, expenses fees, fines, penalties, proceedings,

actions, demands, causes of action, liability and suits of any kind and nature, including but

not limited to reasonable attorneys' fees, whether arising before, during or after completion

of the Contractor's work, caused by or arising out of or resulting from performance of work,

of whatever nature, provided that any such claim, damage, loss or expense (l) is attributable

to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property

(other than the work itself) including the loss of use resulting therefrom, and (2) is caused

in whole or in part by any act or omission by the Contractor, and subcontractor, or anyone

directly or indirectly employed by any of them or anyone for whose acts any of them may

be liable, but only to that extent, proportion or degree that the claims, damages, losses and

expenses are attributable to the act or omission of the Contractor or its subcontractors.

7. INSURANCE. Contractor shall secure and maintain in force, until final acceptance for the

project and through any warranty period, the following types and amounts of insurance. The

insurance shall be evidenced by delivery to the College of certificates of insurance executed

by the insurer or its authorized agent stating coverages, limits, expiration dates and

compliance with all applicable required provisions. The Contractor shall update all expired

policies prior to submission for monthly payment. Failure to update policies shall be reason

for withholding of payment until renewal is provided to the College. Send the insurance

certificate to College of the Mainland, c/o Purchasing Department, 1200 Amburn Rd., Texas

City, TX 77591.

Policies must include the following clauses:

a. Endorsement to provide a minimum of thirty (30) days advance notice of cancellation,

non‐ renewal, or material change of policies. Reference to the Cancellation

endorsement to the policy shall be specified in the Certificate of Insurance and a copy

attached to the Certificate of Insurance.

b. This insurance shall apply as primary insurance/non‐contributory with respect to any

other insurance or self‐insurance programs available to the College. Reference to the

as primary/non‐contributory endorsement to the policy shall be specified in the

Certificate of Insurance and a copy attached to the Certificate of Insurance.

c. The College shall be named as an Additional Insured on a Primary and Non‐

Contributory basis on all policies except workers’ compensation and p r o f e s s i o n a l

l i a b i l i t y Reference to the Additional Insured endorsement to the policy shall be

specified in the Certificate of Insurance and a copy attached to the Certificate of

Insurance.

d. All required coverages must be endorsed with a waiver of subrogation in favor of the

College.

e. Without limiting any of the other obligations or liabilities of the Contractor, the

Contractor shall require each subcontractor performing work under the Contract, at the

subcontractor's own expense, to maintain during the term of the Contract, the same

stipulated minimum insurance including the required provisions and additional policy

conditions as shown below. As an alternative, the Contractor may include its

subcontractors as additional insureds on its own coverage as prescribed under these

requirements. The Contractor's certificate of insurance shall note in such event that the

subcontractors are included as additional insureds and that Contractor agrees to provide

Workers’ Compensation for the subcontractors and their employees. The Contractor

shall obtain and monitor the certificates of insurance from each subcontractor in order

to assure compliance with the insurance requirements. The Contractor must retain the

certificates of insurance for the duration of the Contract plus 5 years and shall have the

responsibility of enforcing these insurance requirements among its subcontractors. The

College shall be entitled, upon request and without expense, to receive copies of these

certificates.

Coverage shall be written on an occurrence basis, except for professional liability as

may be applicable, by companies authorized and admitted to do business in the

State of Texas and rated A‐ VII or better by A.M. Best Company or otherwise

acceptable to the College as follows:

a. Commercial General Liability Insurance. Shall be in place through any warranty period

and will include Independent Contractor's liability, Elevators, Products and Completed

Operations, Explosion, Collapse, Underground Hazards and Contractual Liability,

covering, but not limited to, the liability assumed under the indemnification provisions of

this contract, fully insuring Contractor's (or Subcontractors) liability for bodily injury

and property damage with a combined bodily injury (including death) and property

damage minimum limit of:

$1,000,000 per occurrence $2,000,000 general aggregate $2,000,000 products and completed operations aggregate

b. Workers' Compensation. Insurance with limits as required by the Texas Workers’

Compensation Act, with the policy endorsed to provide a waiver of subrogation as to

the College, Employer's Liability insurance of not less then:

$1,000,000 each accident $1,000,000 disease each employee

$1,000,000 disease policy limit

A Waiver of Subrogation in favor of College of the Mainland with respect to

injuries/illness to contractor's employees is required. A copy of the endorsement to

policy must be submitted to the College ORM prior to commencement of any work or

service pursuant to any contract. Non‐subscribers may be required to provide proof of

financial strength by providing a letter of credit from a financial institution or other such

proof of financial assurance or Employer’s Indemnity Insurance Policy at limits approved

by the College. Self‐Insured entities will be required to provide a copy of their

Certificate of Authority to Self‐Insure as provided by the Texas Department of Insurance,

Division of Workers' Compensation; and satisfactory evidence of Excess Workers

Compensation insurance as may be requested.

c. Comprehensive Automobile Liability. Insurance covering owned, hired, and non‐owned

vehicles, with a combined bodily injury (including death) and property damage

minimum limit of $1,000,000 per occurrence. No aggregate shall be permitted for this

type of coverage. Such insurance is to include coverage for loading and unloading

hazards.

d. Professional Liability Insurance (if required): The Contractor shall provide and maintain,

and shall require all subcontractors to provide and maintain, insurance to cover claims

for negligent acts and/or errors and/or omissions that may arise from the work performed

by the professional, subcontractors, or anyone directly or indirectly employed by them.

Professional Liability Insurance (Occurrence Form) or if the insurance is written on a

claims‐ made form, shall continue for two (2) years following the completion of the

performance or the attempted performance of the provisions of this agreement. The

insurance shall have a retroactive date of placement prior to or coinciding with the

effective date of this agreement. If the coverage is canceled or non‐renewed and not

replaced with another claims‐made policy form with a retroactive date prior to the

effective date or coinciding with the effective date of this agreement the Contractor must

purchase Extended Reporting (“Tail”) coverage for a minimum of two (2) years

following the completion of the performance or the attempted performance of the

provisions of this agreement, providing coverage in the amount of

a. For contracts up to $250,000 in revenue, a minimum limit of $1,000,000 per

claim/$1,000,000 aggregate is required.

b. For contracts in excess of $250,000, a minimum limit of $2,000,000 per

claim/$2,000,000 aggregate is required.

8. RELATIONSHIP OF THE PARTIES. It is agreed and understood that the Contractor is

an independent contractor and not an agent or employee of the College. Nothing in this

Contract shall be construed to create a joint venture, partnership, association, or like

relationship between the parties.

9. TERMINATION. The College reserves and has the right and privilege of canceling,

suspending, or abandoning the execution of all or any service in connection with this

Agreement at any time upon thirty (30) days written notice to the Contractor. The

Contractor may terminate this Agreement upon thirty (30) days written notice to the

College should the College substantially fail to perform their obligations under the terms of

this Agreement. The College's liability in case of early termination will be limited to paying

for the work already performed and the expenses already incurred as of the date of the

termination, less any and all foreseen or unforeseen damages sustained by the College as

a result of any default or consequence of termination.

10. SUCCESSORS AND ASSIGNS. The College and Contractor each binds himself, and his

partners, successors, executors, administrators and assigns to the other party of this

Agreement and to the partners, successors, executors, administrators and assigns of such

other party in respect to all covenants of this Agreement. The Contractor shall not assign,

sublet or transfer his interest in this Agreement without written consent of the College.

Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other

than the College and Contractor.

11. NOTICES. All notices, requests, demands and other communications required hereunder

shall be written and shall be deemed to have been personally delivered when deposited in

a regularly maintained receptacle of the United States Postal Service, postage prepaid,

registered or certified, return receipt requested, properly addressed to:

College: Contractor:

College of the Mainland

Attn: Sonja Blinka

Director of Purchasing

1200 Amburn Rd.

Texas City, Texas 77591

or, at any other address which may be given by either party to the other in the manner

provided above.

12. COMPLIANCE. Contractor agrees to abide by and perform the work under this Contract in

compliance with all applicable City, State of Texas and Federal laws, rules, regulations and

policies. While on the premises of the College or its components, Contractor agrees to abide

by the policies and procedures of the College relative to conduct on its premises.

13. ANTI-TERRORISM CERTIFICATION AND BOYCOTT OF ISRAEL: Vendors

doing business with College of the Mainland shall certify and adhere to all Government

codes regarding anti-terrorism and boycott of Israel in accordance with Texas Government

Codes Chapter 2252 and Section 2270.001.

i. A vendor considered for an awarded contract as a result of the subject agreement shall certify it and its subcontractors is not identified on the list prepared and maintained under Texas Government Code 2270.0201 as a scrutinized company, and shall further adhere to immediate notification provided to COM should the vendor or its subcontractors become listed in accordance with any of the foregoing sections (or as the Texas Government Code or Sections of the code be amended or supplemented).

ii. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

iii. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

14. EDGAR CONFLICT OF INTEREST REQUIREMENTS: In accordance with federal EDGAR requirements, 2 CFR § 318(c)(1), no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she

has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of COM may neither solicit nor accept gratuities,

favors, or anything of monetary value from contractors or parties to subcontracts.

However, through COM’s written procedures, COM has set a minimum amount of less

than $100 per year for items that are unsolicited and of minimal value and promotional

items.

Violations of this standard by an employee will be reported to the College President’s

Office and addressed through COM’s personnel policies. Violations of this standard by an

officer or the College President shall be addressed to the Board President and addressed

through COM Board policies.

To the extent that COM will use federal grant funds to fulfill its obligations under this

Contract, Contractor acknowledges that federal funds will be used to pay for all or a portion

of funds due under this Contract and that this Contract is only effective upon receipt of the

Notice of Grant Award (“NOGA”) by COM from the awarding agency. As such, if COM

does not receive sufficient funding for the services provided in this Contract, COM may

terminate this Contract without penalty or further obligation to Contractor, at any time upon

written notice to Contractor.

CFR 38.25 - A grant applicant’s obligation to provide assurance:

29 CFR 38.25 – A grant applicant’s obligation to provide a written assurance.

(a). Grant applicant’s obligation to provide a written assurance.

(1) Each application for financial assistant, under Title I of WIOA as defined in §38.4,

must include the following assurance:

(i) As a condition to the award of financial assistance from the Department of

Labor under Title I of WIOA, the grant applicant assures that it has the ability to comply

with the nondiscrimination and equal opportunity provisions of the following laws and

will remain in compliance for the duration of the award of federal financial assistance:

(A) Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which

prohibits discrimination against all individuals in the United States on the basis of race,

color, religion, sex (including pregnancy, childbirth, and related medical conditions,

transgender status, and gender identity), national origin (including limited English

proficiency), age, disability, or political affiliation or belief, or against beneficiaries on

the basis of either citizenship status, or participation in any WIOA Title 1-financially

assisted program or activity;

(B) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination

against qualified individuals with disabilities;

(C) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits

discrimination against qualified individuals with disabilities;

(D) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on

the basis of age; and

(E) Title IX of the Education Amendments of 1972, as amended, which prohibits

discrimination on the basis of sex in educational programs.

(ii) The grant applicant also assures that, as a recipient of WIOA Title I financial

assistance, it will comply with 29 CR part 38 and all other regulations implementing the

laws listed above. This assurance applies to the grant applicant’s operation of the WIOA

Title I- financially assisted program or activity, and to all agreements the grant applicant

makes to carry out the WIOA Title I financially assisted program or activity. The grant

applicant understands that the United States has the right to seek judicial enforcement of

this assurance.

(2) The assurance is considered incorporated by operation of the law in the grant,

cooperative agreement, contract or other arrangement whereby Federal financial

assistance under Title I of WIOA is made available whether it is explicitly incorporated

in such document and whether there is a written agreement between the Department and

the recipient, between the Department and the Governor, between the Governor and the

recipient, or between recipients. The assurance also may be incorporated in such grants,

cooperative agreements, contract, or other arrangements by reference.

(b) Continuing State Programs. Each Strategic Four Year State Plan submitted by a State

to carry out a continuing WIOA financially assisted program or activity must provide the

text of the assurance in paragraph (a)(1) of this section, as a condition to the approval of

the Four-Year Plan and the extension of any WIOA Title I assistance under the Plan. The

State also must certify that it has developed and maintains a Nondiscrimination Plan.

15. TEXAS ETHICS COMMISSION: In accordance with HB 1295 and Section 2252.908 to

the Texas Government Code, public entities are required to collect a Disclosure of Interested

Parties (Form 1295) before entering into a contract with a vendor that requires an action by

the Board of Trustees. College of the Mainland’s policy requires all contracts valued at

$50,000 or more be approved by its governing body, the Board of Trustees. (Please note

that a new filing must be completed for each awarded contract.)

16. VENUE. It is mutually agreed by the parties that if litigation should arise concerning all

or any part of this contract, venue shall lie in Galveston County, Texas.

17. MISCELLANEOUS.

a. Nothing in this Agreement shall create a contractual relationship with or a cause of action

in favor of a third party against the College. It is agreed by the College and the

Contractor that this Agreement is intended for the benefit of the College and Contractor

only and not for the benefit of architects, engineers, contractors, subcontractors,

including suppliers or any of their employees or agents, or any other person.

b. This Agreement shall be governed by the laws of the State of Texas.

c. Any disputes under this agreement will be handled in accordance with Section 2260 of

the Texas Government Code.

d. This agreement contains the entire Agreement between the College and the Contractor

and can be modified only by written instrument signed by authorized representatives

of the College and the Contractor. In the case of any conflict between this instrument

and the exhibits, this instrument will govern.

EXECUTED in the year and day referenced first above mentioned.

COLLEGE OF THE MAINLAND

DIRECTOR OF PURCHASING

CONTRACTOR

Signature Date Signature Date

Printed Name Printed Name

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