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Prequalification of Contractors for Educational Facilities Construction - Procedure 6.0055


Based on board policy number and Florida Statute: Effective Date:
1013.46 Florida Statutes; SCC policy 6.055 FAC Sec. 4.1, State Requirements for Educational Facilities10/04


Procedure:
  1. Seminole Community College shall prequalify construction contractors for a one-year period or for a specific project. The procedures for prequalifying construction contractors shall not be construed to restrict competition, prevent the submission of a bid, or prohibit the consideration of a bid submitted by a prequalified contractor. The use of these procedures shall not supersede any small business, woman-owned or minority-owned business-enterprise assistance program adopted by Seminole Community College.
  2. Criteria -

    1. Contractors shall be prequalified by Seminole Community College on the basis of the following criteria, and other criteria as determined to be appropriate by SCC:

      1. Proof that the contractor holds a contractor's license which authorizes the contractor to supervise the work within the scope of the construction project.
      2. Evidence that the contractor has financial resources to start up and follow through on projects and to respond to damages in case of default as shown by written verification of bonding capacity equal to or exceeding the amount of any project for which the contractor seeks prequalification. The written verification must be submitted by a licensed surety company rated excellent (A-or better) in the current A.M. Best Guide and qualified to do business within Florida. In the absence of such written verification, Seminole Community College may require the applicant to submit any audited financial information necessary to evaluate an applicant's financial ability to perform the project and to respond to damages in the event of default.
      3. Evidence of experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, management of projects, and building codes for similar or less cost or scope projects as shown by the successful completion within the past five (5) years of at least two (2) other projects of similar size.
      4. Evidence of satisfactory resolution of claims filed by or against the contractor asserted on projects of the same or similar size within the five (5) years preceding the submission of the application. Any claim against a contractor shall be deemed to have been satisfactorily resolved if final judgment is rendered in favor of the contractor or any final judgment rendered against the contractor is satisfied within ninety (90) days of the date the judgment becomes final.
      5. Type of work for which the contractor is licensed.
    2. These criteria shall be interpreted to allow the prequalification of any responsible contractor who meets the uniform criteria established in the State Requirements for Educational Facilities, whether resident or non-resident within the geographic area served by the board.
  3. Prequalification Application

    1. Each contractor, firm or person requesting prequalification shall be required to submit separate applications that include, at a minimum, the following:

      1. Detailed information on Seminole Community College-prescribed forms setting forth the applicant's competence, past performance, experience, financial resources, and capability, including a Public Entity Crime statement, and references.
      2. Audited financial information current within the past twelve (12) months, such as a balance sheet and statement of operations, and bonding capacity. The requirement for financial information may be satisfied by the contractor providing written verification of the contractor's bonding capacity.
      3. General information about the contractor company, its principals, and its history including state and date of incorporation.
      4. Contractor trade categories and information regarding the state and local licenses and license numbers held by the applicant.
      5. A list of projects completed within the past five (5) years, including dates, client, approximate dollar value, and size.
      6. Certificates of insurance confirming current worker's compensation, public liability and property damage insurance as required by law.
      7. A list of all pending litigation and all litigation within the past five (5) years, including an explanation of each. Litigation initiated by the contractor to protect the contractor's legal rights shall not be used as a basis for rejecting prequalification.
      8. The completed application and financial information shall be attested to and signed by an authorized officer of the company, the owner, or sole proprietor, as appropriate, and the signature shall be notarized.
      9. Applications that contain inaccurate information may be rejected and removed from further consideration.
    2. Contractor Prequalification Review Committee - A Contractor Prequalification Review committee shall review and evaluate applications and make recommendations to prequalify contractors for type of project, dollar volume, and limits allowed within the scope of the prequalification.
  4. Issuance of Certificate - In its sole discretion, the Seminole Community College District Board of Trustees may approve the issuance of a Certificate of Qualification valid for one (1) year or for a specific project. The Board shall receive and either approve or reject applications for prequalification within sixty (60) days after receipt by the Board's administrator.
  5. Delinquency - The decision to declare a contractor delinquent may only be made by the president and must be ratified by the board at its next regular meeting following such decision by the president. Should a contractor be determined to be delinquent, after notice and an opportunity for a fair hearing, Seminole Community College shall notify the contractor and its surety, in writing, that the contractor is disqualified from bidding work with Seminole Community College as long as the delinquent status exists. A delinquent condition may be determined to be in effect when one (1) or more of the following conditions occur without justifiable cause:

    1. A substantial or repeated failure to comply with contract documents after written notice of such non-compliance.
    2. A substantial or repeated failure to provide supervision and coordination of subcontractor's work after written notice of such failure.
    3. Substantial deviation from project time schedules after written notice of non-compliance.
    4. Substantial or repeated failure to pay subcontractors after Seminole Community College has paid the contractor for the work performed by the subcontractors and in accordance with approved requisitions for payment.
    5. Substantial or repeated failure to provide the quality of workmanship compatible with the trades standards for the community after written notice of such failure.
    6. Substantial or repeated failure to comply with the warranty requirements of previous contracts after written notice of such failure.
    7. Failure to maintain the required insurance coverage after written notice of such failure.
  6. Suspension or Revocation - Seminole Community College may, for good cause, suspend a contractor for a specified period of time or revoke the prequalification certificate. Causes for suspension or revocation shall include, but not be limited to, one or more of the following:

    1. Inaccurate or misleading statements included in the application.
    2. Declared in default by Seminole Community College, including for causes due to contractor's noncompliance with Seminole Community College's small business, woman-owned or minority-owned business-enterprise assistance program.
    3. Adjudged to be bankrupt.
    4. Performance, in connection with contract work, becomes unsatisfactory to Seminole Community College based on Seminole Community College asserting and recovering liquidated damages in an action against the contractor.
    5. Payment record, in connection with the contract work, becomes unsatisfactory to Seminole Community College based on the contractor's failure to comply with the Construction Prompt Pay Act (Section 715.12, F.S.).
    6. Becomes delinquent on a construction project.
    7. Contractor's license becomes suspended or is revoked.
    8. No longer meets Seminole Community College's prequalification criteria.
  7. Appeal -A contractor whose application has been rejected or whose certificate has been suspended or revoked by Seminole Community College shall be given the benefit of reconsideration and appeal as follows:

    1. The aggrieved contractor may, within ten (10) days after receiving notification of such action, request reconsideration in writing. The contractor may submit additional information at the time of the appeal.
    2. Seminole Community College shall act upon a contractor's request within thirty (30) calendar days after the filing and shall notify the contractor of its action to adhere to, modify, or reverse its original action. Seminole Community College may require additional information to justify the reconsideration.


Recommended byExecutive Staff Date10/04
Approved:President, E.Ann McGee Date12/15/04

Facilities Use - Procedure 6.0100


Based on board policy number and Florida Statute: Effective Date:
1001.64, F. S.; FAC 6A-14.0247, 6A-14.0262August 1, 1999

Purpose:

To provide a means by which the use of campus facilities may be scheduled for class and non-class activities and by community organizations without causing the College to compromise its educational programs or to incur expense or liability

Procedure:
  1. Use of Facilities for Classes, Non-class Events and SCC-sponsored events:

    1. Use of facilities for classes shall have priority over all other uses. Use of classrooms and other facilities for class purposes shall be determined as part of the schedule building process. Use of class facilities for sections shall be scheduled by designated schedulers in CSRS.

    2. Use of facilities for non-class events includes, but is not limited to, concerts, plays, sports events, films, departmental meetings and other business or administrative events. Requests to schedule a non-class event are made by contacting "Rooms" in Groupwise. When the facility is booked, a confirmation will be sent to the requesting party.

    3. Use of facilities for events sponsored by the College includes, but is not limited to, seminars, demonstrations, lectures and other events presented by or in conjunction with outside organizations which, in the judgement of the sponsoring department, further the core educational mission of SCC. Upon approval of the Vice President over the sponsoring department, use of facilities for SCC-sponsored events shall be scheduled in the same manner as for non-class events. Prior to scheduling College sponsored events, the sponsoring department shall consult with the Office of Risk Management to determine any special insurance coverage requirements.

  2. Use of Facilities by Outside Organizations

    1. The facilities of SCC are available for use on a temporary basis only, to public institutions and community organizations. Persons or organizations that may use the facilities of Seminole Community College, in order of priority, are: college-related activities, public educational institutions, governmental institutions and not-for-profit private corporations. The facilities of SCC are available for use by for-profit, private corporations upon approval of the Vice President for Administration and Business Services.

    2. All requests from external organizations to use college facilities should be directed to the Office of Risk Management. Requests shall be recorded on a Facilities Reservation form. The requesting party will be informed of applicable fees for use of the facility; any special conditions or equipment required shall be identified and the costs thereof shall be assessed. Facility rates are available in Table 1, attached hereto.

      Facilities Reservation forms shall be reviewed by the Office of Finance and Budget for scheduling conflicts and compliance with this procedure. The Vice President for Administration and Business Services or designee will thereafter review the reservation request for approval.

      If the Facilities Reservation is approved, the facilities scheduler shall make an entry on the campus master calendar maintained in the Office of Risk Management, reflecting that the requested facility has been reserved for the requested date and time. If the Facilities Reservation is not approved, the party requesting the reservation will be contacted and the reason for the denial will be explained.

      All Reservation requests should be received at least four weeks, but
      not more than three months, in advance.

    3. Upon approval of a Facilities Reservation, the Office of Finance and Budget shall prepare a Facilities Use Agreement to be sent to the requesting party. The Facilities Use Agreement is to be filled out by the requesting party and returned with payment, if required, made out to Seminole Community College. When the Facilities Use Agreement is returned properly completed, the Reservation shall be deemed confirmed, and arrangements for use of the facility, with any special conditions, will be completed with the Physical Plant department . The Risk Management Coordinator shall determine the category of event, as defined by the Risk Management Consortium, and shall arrange for insurance coverage consistent with Consortium guidelines.

    4. Use of SCC facilities is subject to the following conditions, limitations and special requirements:

      1. Authorization to use college facilities is granted for the dates and times specified in the Agreement. SCC assumes no obligation to provide facilities in the event that a change of either date or time is requested.

      2. The activities of the College have first priority and the College reserves the right to alter the scheduled use of its facilities by notifying the user organization thirty calendar days or more prior to a scheduled activity.

      3. SCC is an equal access/equal opportunity institution and does not tolerate discrimination against an applicant organization on the basis of race, color, religion, sex, handicap or national origin.

      4. When a facility is being used, a college employee shall be on duty and shall be fully in charge of the facility being used.

      5. Groups with minors in attendance shall provide responsible adult supervision.

      6. Display material used or distributed on campus must be approved by the VPABS or designee and must be removed by the User within one working day after the event.

      7. User's equipment left on the campus will incur appropriate storage and moving charges when continued storage interferes with campus activities. At the option of the College, a deposit may be required to encourage prompt removal of User's equipment.

      8. Obtaining any licenses or permits required by law for the activity will be the responsibility of the User and any statement of rules or regulations accompanying each license or permit shall become a part of the Facilities Use Agreement.

      9. Possession or consumption of alcoholic beverages or illegal drugs is not permitted on college property. any person under the influence of intoxicating beverages or drugs shall be denied the opportunity to participate in any way.

      10. Groups or organizations using college facilities shall conform to all federal and state statutes, county ordinances and fire regulations.

      11. Restrictions regarding eating, drinking and smoking must be observed.

      12. No illegal activities (gambling, etc.) are allowed on the College grounds.

    5. Facilities are generally available for use as set out herein between the hours of 8:00 am and 5:00 p.m. Monday through Friday. Special arrangements can be made to have facilities available from 5:00 p.m. until 10:00 p.m. Monday through Friday and on weekends. Facilities are not available on school holidays or break periods. Activities will not be permitted between the hours of 10:00 p.m. until 7:00 am.

    6. Schedule of charges:

      Use of SCC facilities is subject to the fees and charges contained in Table 1, attached hereto.

    7. Fines for late return of equipment or for damage to College equipment or property shall be determined by the Vice President for Administrative and Business Services based on the condition of the equipment or property when returned and the estimated cost of replacement or any repairs required to restore the equipment or property to its prior condition .
Recommended byExecutive Staff Date06/18/99
Approved:President, E.Ann McGee Date9/12/99

Use of College Grounds for Free Speech and Assembly- Procedure 6.0700


Based on board policy number and Florida Statute: Effective Date:
1st Amendment, U.S. Constitution; Article 1, Section 4,
Florida Constitution; 1001.64 F.S.; SCC Policy 6.070
5/03


Purpose:

The purpose of this procedure is to define the process for use of College grounds for student exercise of free speech and assembly.

Procedure:
  1. Seminole Community College grounds may be available for student exercise of free speech and assembly only in areas specifically identified for that purpose by the President or designee.
  2. Use of SCC grounds for this purpose will be conducted in a manner not to interfere with the conduct of classes or the normal activities of the College. Determination of what constitutes interference will be made by the College President or designee and shall reflect the best interest of the college educational needs.
  3. The designated area for free speech and assembly on the Sanford/Lake Mary campus will be the open grass area between the Student Center, the G Building, the T-2 Building and the covered walkway between the G Building and the Student Center. The designated area on the Oviedo campus will be adjacent to the clock tower at the center of campus.
  4. Student conduct during assembly and free speech events must meet all requirements identified under "student responsibilities" in the College catalog.


Recommended byExecutive Staff Date4/22/03
Approved:President, E.Ann McGee Date6/3/03
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