COMPANY NAME__________________________ · Web viewcompany name . request for qualification. s...

COMPANY NAME

REQUEST FOR QUALIFICATIONS (RFQ) In accordance with the CONSULTANTS’ COMPETITIVE NEGOTIATION ACT

SCHOOL BOARD OF LAKE COUNTYPURCHASING DEPARTMENT

29529 COUNTY ROAD 561TAVARES, FLORIDA 32778-2496

The School Board of Lake County, Tavares, Florida solicits your company to submit a proposal on our RFQ #3581BM – Professional Architectural and Engineering Services for Cafeteria / Food Service Project at Cypress Ridge Elementary School. This submission is in accordance with the Florida Statute 287.055 relating to the Consultant’s Competitive Negotiation Act. This is a qualification based selection process. Pricing is not requested, nor considered, and shall not be submitted at this time.

All terms and conditions below are a part of this request for qualification and no proposals will be accepted unless all conditions have been complied with. Rights are reserved by the School Board of Lake County to accept or reject any and all proposals and to waive all technicalities and award in the best interest of the Board. The Board does not sign contract forms provided by vendors. The bid, request for qualification, or invitation to negotiate with the vendor’s signature will constitute an offer to sell to the Board under the stated terms and conditions. A sample contract is attached for your review of general terms and conditions. A final contract will be developed after negotiations.

All prospective proposers are hereby cautioned not to contact any Board member or employee of the School Board of Lake County nor attempt to persuade or promote through other channels. All requests for additional information must be submitted in accordance with instructions contained in this Request for Proposal. Failure to comply with these procedures shall be cause for disqualification of firm’s Submittal.

1. INSTRUCTIONS TO VENDOR

1.1 A non-mandatory pre-proposal meeting will be held on Wednesday, September 19, 2012, at 11:00 AM, in the School Board of Lake County Procurement Services Department, 29529 CR 561, Tavares, Florida 32778.

1.2 All proposals shall be filed in the Purchasing Department of the Lake County School Board, 29529 County Road 561, Tavares, Florida 32778, prior to 2:00 PM, local time, Wednesday, October 10, 2012, and clearly marked " RFQ #3581BM to be opened October 10, 2012” . Proposals will be recorded as received at this time. Proposals received after this time will not be considered. All proposals shall be submitted, in a sealed package or envelope, and all required documents submitted at that time. Faxed or e-mailed proposals will not be accepted. From the notice of publication until 72 hours after the posting of the recommendation of award only the Purchasing Department should be contacted concerning any questions concerning this RFP. No other employee, officer, staff or agent of the School Board should be contacted during this period. All questions/concerns shall be directed, in writing, to:

Beth Minnix, Certified Purchasing AgentE-mail: [email protected] Fax: 352 742-8516Address: 29529 CR 561

Tavares, FL 32778 of 40

RFQ #3581BM

mailto:[email protected]

All other forms included in the request must be completed and submitted with the proposal.

1.3 Recommended awards will be posted for review by interested parties on or about October 30, 2012, and will remain posted for a period of 72 hours in the Purchasing Department located at 29529 County Road 561, Tavares, Florida and on our website http://lake.k12.fl.us. To access information on our website go to “Bid/RFP/RFQ Opportunities” and click on title of bid and recommendation of award. Since this information is available as outlined above, the Purchasing department will not mail or fax recommendation of award notices to all bidders. Failure to file a protest within the time prescribed in Section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any person who is affected adversely by the decision or intended decision shall file with the Board a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest. With respect to a protest of the specifications contained in an invitation to bid or in a request for proposals, the notice of protest shall be filed in writing within 72 hours after the receipt of the project plans and specifications or intended project plans and specifications in an invitation to bid or request for proposals (but no later than the time when the bids or responses must be received in order to be considered), and the formal written protest shall be filed within 10 calendar days after the date the notice of protest is filed. The 72 hours period referred to herein shall not include Saturdays, Sundays, or holidays. The word "holiday" shall mean any weekday on which the School Board's Administrative offices are closed. Failure to file a timely formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. The formal written protest shall state with particularity the facts and law upon which protest is based. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.57(3)(b), shall post at the time of filing the formal written protest, a bond payable to the School Board of Lake County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, certified bank check, bank certified company check, or money order will be an acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the School Board prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the School Board all costs and charges which shall be included in the final order of judgment, excluding attorney’s fees. Upon receipt of the formal written protest and protest bond which has been timely filed, the School Board shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final School Board action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

1.4 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, professional, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

1.5 Public Entity Crimes Disclosure: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to

of 40RFQ #3581BM

http://lake.k12.fl.us/

provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, professional, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

1.6 Bidder warrants that he/she has not employed or retained any company or person other than a bona fide employee working solely for bidder, to solicit or secure this RFQ and that he/she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for proposer, any fee, commission, percentage, gift or any other consideration contingent upon, or resulting, from the award of making of this RFQ.

1.7 Where proposers are required to enter or go onto School Board property to deliver materials or perform work or services as a result of a RFQ award, the bidder agrees to Indemnify and Hold Harmless the School Board as provided in the Agreement attached hereto and will assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance. The proposer shall be liable for any damages or loss to the Board occasioned by negligence of the proposer (or agent) or any person the proposer has designated in the completion of the contract as a result of their proposal.

1.8 For proposals to be considered proposers shall have any and all licenses and permits required by Federal, State and Local Governments and those requested within this RFQ.

1.9 The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. All statements must reference valid purchase order numbers. A separate invoice must be received for each purchase order number.

1.10 Proposers unable to submit a proposal for this RFQ are requested to supply their business name and address and complete the No Bid Response Form and return to the Lake County School Board Purchasing Department, 29529 County Road 561, Tavares, FL 32778.

2. SPECIAL TERMS AND CONDITIONS

2.1 INTRODUCTION AND BACKGROUND: It is the intent of the School Board to select a qualified firm all in accordance with the Consultant’s Competitive Negotiations Act, F.S. 287.055 to provide professional architectural and engineering services for educational facilities project planning, programming and design for cafeteria / food service addition and remodeling at Cypress Ridge Elementary School.

2.2 KEY EVENTS AND DATES:Non-Mandatory Pre-Proposal Meeting....................................September 19, 2012 @ 11:00 AM

School Board of Lake CountyProcurement Services29529 CR 561Tavares, FL 32778

Deadline for Questions............................................................September 26, 2012 @ 4:00 PMLast date for addendums.........................................................October 3, 2012Proposals Due.........................................................................October 10, 2012 @ 2:00 PM

School Board of Lake CountyProcurement Services29529 CR 561

of 40RFQ #3581BM

Tavares, FL 32778Evaluation of Proposals and Short-Listing...............................October 17, 2012Presentations and Final Ranking of Short-List........................October 24, 2012Posting of Committee’s Short-List Recommendation..............October 30, 2012Short-List Recommendation to Board for Approval.................November 12, 2012Contract Award........................................................................TBA

2.3 AWARD METHOD: It is the intent of the School Board to award a contract to the responsive and responsible qualified proposer who achieves the highest point score through the proposal evaluation process as outlined later in this document under the Method of Evaluation section. Pursuant to FS 287.055 and Lake County School Board Policy, if an agreement cannot be reached with the highest ranked proposer, School Board reserves the right to negotiate and recommend award to the next highest proposer or subsequent proposers until an agreement is reached.

2.4 CONTRACT PERIOD: The term of this contract shall be for an initial period until final

acceptance of the completed project by the Board. If associated work arises during the course of this project it will be the determination of the Board as to whether to negotiate an amendment for any additional associated work or to use another method of contracting.

2.5 ACCEPTANCE OF VENDOR RESPONSES: The School Board reserves the right to accept or reject proposals and to accept or reject portions of a proposal based upon the information requested. Vendors may be excluded from further consideration for failure to fully comply with the requirements of this RFQ solely at the School Board’s discretion.

2.6 NON-EXCLUSIVE AGREEMENT: This RFQ does NOT establish an exclusive arrangement between the School Board and vendor. The School Board reserves, but is not limited to, the following rights: The right to use others to perform work and services described in this RFP; The right to request proposals from other Vendors for work described in the RFP; and The unrestricted right to bid any work or services described herein.

2.7 QUALIFICATIONS OF VENDORS: The School Board expressly reserves the right to accept or reject any and all proposals if it is in the best interest of the School Board to do so.

2.8 AMENDMENT & CANCELLATION: The School Board reserves the right to cancel, recall, and/or reissue all, or any part, of this RFQ, at any time.

2.9 WITHDRAWAL: By written request to the Purchasing Department, vendor may withdraw from the RFQ process at any time before the closing date for the receipt of proposals.

2.10 CONFIDENTIALITY OF INFORMATION: The School Board reserves the right to retain all copies of vendor proposals submitted in response to this Request for Qualifications. You are hereby notified that under FS 119.07 (“Florida’s Sunshine Law”), proposals submitted in response to this solicitation cannot be granted immunity from public scrutiny. All information submitted must be made available to the public for examination, if so requested. Vendor requests to hold certain submitted materials in confidence cannot be honored. If it is essential to your organization that certain materials are kept confidential, and they are a required element of this Request for Qualification, it is recommended that you decline to respond to this solicitation.

2.11 PROPOSAL PREPARATION COSTS: The costs of developing proposals are entirely the responsibility of the vendor, and shall not be charged in any manner to the School Board. This includes, but is not limited to, the direct cost of vendor personnel assigned to prepare vendor’s

of 40RFQ #3581BM

response to the RFQ and any out-of-pocket expense (including, but not limited to, travel, accommodation, supplies) incurred by vendor in preparing the response to the RFQ.

2.12 SUPPLEMENTAL MATERIALS: Proposals shall meet the requirements and conform to the format prescribed in this RFQ. As additions to this required format, vendor is permitted to submit supplemental materials to the base proposal when vendor determines a need to more fully explain aspects of vendor’s solution, applications, or services. Any such additions must be explicitly identified.

2.13 SOLICITATION OF SCHOOL BOARD EMPLOYEES: The School Board expressly prohibits vendors from making any offer of employment, equivalent offer, or any other offering of value to any Board Member or employee of the School Board.

2.14 PRESS RELEASES & PUBLICITY: No announcements or news releases pertaining to vendor’s participation in this RFQ, the selection of proposal or award of contract shall be made by vendor, its representatives, or agents until a final award has been made by the School Board.

2.15 PRIME CONTRACTOR RESPONSIBILITIES: The School Board will consider the selected vendor to be the sole point of contract with regard to all contractual matters, including payment of any and all charges.

2.16 ASSIGNMENT OF CONTRACT: The final contract to be awarded and any amounts to be paid thereunder shall not be transferred, pledged, or assigned without the prior written approval of the School Board.

2.17 SUB-CONTRACTORS: Vendor must describe in the proposal, all responsibilities that vendor anticipates assigning or subcontracting, identify the subcontractor and also describe how vendor will manage these subcontractors.

2.18 LICENSES & PERMITS: Vendor shall obtain and pay for all necessary licenses, permits, and related documents, required to comply with the proposal. Vendor shall save and hold harmless the School Board as a result of any infraction of the aforementioned. Proposers must be licensed Architects within the State of Florida at the time of proposal submission.

2.19 SCOPE OF SERVICES:

A. To assist the Facilities Design & Construction Department, professional services are required for Educational Facilities Planning, Programming, Design and Construction Administration for Cafeteria / Food Service Addition and Remodeling at Cypress Ridge Elementary School. The scope of services will include, but not be limited to, the following:

i) Thorough documentation of the existing conditions using ground/aerial surveying methods:

(a) Boundary and topographic surveys (including easements)(b) Utility locations (lines and appurtenances)(c) Building locations(d) Pavement locations (walks, drives, parking and roads)(e) Landscape locations and identification of all trees of 4-inch diameter or greater(f) Other physical features (i.e., retention areas)

ii) Functional assessments (i.e. functional relationships, pedestrian and vehicular circulation patterns, community access patterns, etc.)

of 40RFQ #3581BM

iii) Determination of Facilities Needs based upon:

(a) Enrollment projections(b) Community use requirements(c) Functional considerations

iv) Develop a framework for future site development based on premises established and documented facilities needs with comprehensive input from:

(a) School administration(b) District administration(c) Growth Planning(d) Facilities Design & Construction Department(e) Maintenance Department

v) Develop detailed drawings and specifications for bidding and construction

vi) Establish phasing plans (as appropriate) for execution of the work

vii) Establish capital cost estimates for accomplishing each phase or increment of the plan

B. It is the intention of the School Board to negotiate a professional services fee based upon the above scope incorporating the specifications listed herein.

2.20 All prospective professionals are hereby cautioned not to contact any Board member of the School Board of Lake County or any member of the Evaluation Committee nor to attempt to persuade or promote through other channels. All contacts must be channeled through the Purchasing Department. Failure to comply with these procedures shall be cause for disqualification of firm’s Submittal.

2.21 SCHOOL BOARD POLICIES AND GENERAL REQUIREMENTS:

A. The policies set forth below are Terms and Conditions defined in the School Board’s Services Agreement. The Professional should be aware that School Board will have the same expectations of contracted workers as regular School Board employees when they are assigned to work at School Board owned locations. Violation of these policies, or others in the contract, may be grounds for termination.

1) Authorized Access – A name badge is required to enter School Board buildings.

2) Certification Service – The Professional shall be required to ensure that its employees and subcontractors performing work at the Offices are properly certified and eligible to work in the United States.

3) School Board is committed to maintaining a safe and drug-free work environment. The Professional shall be responsible for ensuring that its employees and work areas remain drug free through the performance of their duties at the Offices.

4) Safety – Safety is a top priority at School Board. School Board believes that “safety first” standards throughout the company is critical to minimizing risks and maximizing resources. The Professional shall be responsible for knowing and complying with

of 40RFQ #3581BM

School Board’s safety, security and emergency policies and procedures. Professional employees and subcontractors shall also become familiar with and adhere to School Board’s safety policies while on School Board property.

5) Environmental Compliance – The Professional shall provide a list of all chemicals used in the performance of the contract to the Offices point of contact prior to use. All chemicals shall be used in compliance with all applicable Federal, State, and Local laws. The Professional and its personnel shall demonstrate their understanding of these laws and must document compliance procedures. The Professional shall be responsible for maintaining all Material Safety Data Sheets (MSDS) for all chemicals used in performance of this contract and have copies of such documents on the premises.

6) Energy Conservation – School Board actively seeks to minimize energy usage, both to meet facilities cost reduction targets and in keeping with its environmental objectives. The Professional’s processes and procedures shall assist School Board in achieving these goals.

7) Compliance with Laws – The Professional must comply with all applicable laws, rules, and regulations of Federal, State, and local governments, including OSHA, equal opportunity laws, and environmental laws. Failure to comply with laws may result in the termination of the contract. The Professional shall immediately correct any work, and replace any material, which does not comply with such laws, rules and regulations at its own expense.

8) Subcontractors –

a) Prior to subcontracting any of the Services, the Professional shall notify School Board of the proposed subcontract and shall obtain School Board’s approval in writing of such subcontract. Prior to amending, modifying or otherwise supplementing any subcontract relating to the Services, the Professional shall notify School Board of the proposed amendment, modification or supplement and shall obtain School Board’s approval in writing. If requested by School Board, Professional’s Subcontractor will be required to submit to a security site visit prior to final written approval from School Board.

b) No subcontracting shall release the Professional from its responsibility for its obligations under this Agreement. The Professional shall be responsible for the work and activities of each of its Agents, including compliance with the terms of this Agreement. The Professional shall be responsible for all payments to its subcontractors.

c) The Professional shall promptly pay for all services, materials, equipment, and labor used by the Professional in providing the Services and the Professional shall keep School Board’s premises free of all liens.

3. RESPONSE INSTRUCTIONS

3.1 This section outlines the requirements that the proposer is requested to address in order to comply with this RFQ. It is important that the format is followed as presented here. Priorities will be used to weight responses to determine overall applicability; therefore it is very important that we receive responses to all requirements. The School Board reserves the right to change the priority of requirements.

of 40RFQ #3581BM

3.2 PROPOSAL CONTENT AND SUBMITTAL: Proposals submitted shall include one (1) CD (formatted in either Microsoft Word© or Adobe PDF©) and one (1) printed hard copy. The printed copy shall be on 8.5” x 11” paper and be unbound to allow for the ease of reproduction by the School Board in the event it is needed. Both the printed copy and the CD shall include all information and submittals requested in this RFQ and must contain identical information. Incomplete proposals may be declared non-responsive and thereby eliminated from the evaluation process.

3.3 PROPOSAL ORGANIZATION: Respondents are expected to organize their proposals in such a manner as to facilitate the evaluation process. Proposals should be keyed or indexed to correspond with this RFQ. Responses should be correlated to the specific Submittal, Criterion, Section, or Page Number of the RFQ being addressed. Evaluation Committee members will make a reasonable effort to locate information in the proposals; however, failure to follow this suggested format may make location of critical submittal information difficult, possibly resulting in a loss of appropriate point credit or complete rejection of your proposal.

3.4 RESPONSE FORMAT: General Selection Criteria will be as required by law and will include:

A. Minority firm status. (Proposers must include a State of Florida issued certificate as documentation.)

B. Proof of licensing in accordance with Florida Statutes indicating registration with the State of Florida and licensing by the State of Florida within the professional qualifications required within the RFQ.

C. Completed Conflict of Interest Statement

D. Completed Contract Acceptance Statement

E. Completed Location Table Form

F. Completed Public Entity Crimes Affidavit.

G. Completed Non-Collusion Affidavit.

H. Completed Federal Debarment Form.

I. Form SF 330

J. Professional qualifications of firm and specific individuals to be assigned to the project (include resumes)

K. Past performance in similar activities. Include list of up to five (5) recent projects, with references, of similar nature. Title and brief description of each project to include:1) Client (contact person, address, and telephone number)2) Year Completed3) Nature of Work involved in each Project3) Total Cost

L. Current and near future workload. (Demonstrates ability to perform in a timely fashion.)

of 40RFQ #3581BM

M. Any additional data pertinent to project regarding Firm’s capability. (Please limit to two pages.)

3.5 School Board also expects the awarded contractor to display the following qualities:

A. A serious and rigorous commitment to safety practices.

B. A detailed understanding of School Board’s needs.

C. Strong work management capabilities.

D. Forward-looking expertise and a commitment to bringing in new technologies and processes.

E. Adherence to all Federal, State and Local policies, practices and regulatory requirements.

4. PROPOSAL EVALUATION

4.1 METHOD OF EVALUATION: An Evaluation Committee will evaluate the proposals received on time, and determine a short-list of a minimum of three (3) firms deemed to be the most highly qualified to perform the requires service for this project. Each Committee member will independently score each proposal using the point system as outlined in Section 4.2 of this RFQ. Each Committee member’s proposal scores will be ranked with the firm receiving the highest score also receiving the highest number of composite points (i.e. if 10 firms submitted proposals, the highest scored firm would receive 10 composite points, the second highest would receive 9 composite points, etc.). These composite points will then be added together and the proposals with the highest overall composite points will be placed on a short-list.

If the Evaluation Committee deems necessary, the short-listed respondents may be invited to make an oral presentation to further explain their proposal. All expenses, including travel expenses for presentation, incurred in the preparation of the proposal shall be borne by the offeror. Firms will be notified in writing as to whether they have been selected for interview on or about October 18, 2012.

4.2 ASSIGNMENT OF EVALUATION POINTS

Evaluation Criteria Maximum Points

Proof of licensing..................................0 points - Must be included for proposal to be consideredConflict of Interest Statement...............0 points - Must be included for proposal to be consideredContract Acceptance Statement...........0 points - Must be included for proposal to be consideredForm SF 330........................................0 points - Must be included for proposal to be consideredAssignment of specific individuals to project ..............................................0 points - Must be included for proposal to be consideredMinority firm status...............................1 pointLocation Table Form............................5 pointsProfessional qualifications....................40 pointsPast performance.................................34 pointsCurrent and near future workload.........20 points

5. QUESTIONS / CLARIFICATIONS

of 40RFQ #3581BM

Clarification of any language in the RFQ may be obtained by fax, email or US mail. Verbal discussion of items in the RFQ with School Board personnel is not to be construed as changing any of the Request for Qualification requirements. Any additional information or addendums will be posted on the Lake County Schools Purchasing website at http://lake.k12.fl.us. All questions/concerns shall be received by no later than 4:00 PM, local time, Wednesday, September 26, 2012, and be directed, in writing, to:

Beth Minnix, Certified Purchasing AgentE-mail: [email protected] Fax: 352 742-8516Address: 29529 CR 561, Tavares, FL 32778

6. ATTACHMENTS

Attachment A:...........................Conflict of Interest StatementAttachment B:...........................Contract Acceptance StatementAttachment C:...........................Location TableAttachment D:...........................Public Entity Crimes AffidavitAttachment E:...........................Non-Collusion AffidavitAttachment F:...........................Federal Debarment FormAttachment G:...........................No-Bid Response FormAttachment H:...........................Sample Agreement for Professional Services (DO NOT

complete this form. Final agreement will be developed after negotiations with selected proposer.)

of 40RFQ #3581BM

mailto:[email protected]

http://lake.k12.fl.us/

ATTACHMENT A

CONFLICT OF INTEREST STATEMENT

I HEREBY CERTIFY THAT:

1. I, Insert Name, am the Title and the duly authorized representative of Insert Firm Name whose address is Insert Complete Address and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and,

2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project.

List Exceptions

Signed: __________________________________________ Insert Date

STATE OF

COUNTY OF

PERSONALLY APPEARED BEFORE ME, the undersigned authority,

Insert Name

who, after first being sworn by me, affixed his/her signature in the space provided above on this day of , 2 .

_________________________________________________(NOTARY PUBLIC)

My Commission Expires: _____________________________

of 40RFQ #3581BM

ATTACHMENT B

CONTRACT ACCEPTANCE FORM

We submit the enclosed qualifications and agree to adhere to all terms and conditions set forth in the contract.

Company

Mailing Address

Street

City, State Zip

Name

Telephone # Date

Fax # E-Mail

We accept the terms and conditions of the contract with the following exceptions:

Signature_________________________________________________________________

of 40RFQ #3581BM

ATTACHMENT C

LOCATION TABLE

In order to receive the location points for the office proposed to perform the majority of the work for this project the proposing firm must have had that office established for one (1) or more years, and staffed with at least one (1) full-time employee during that time period.

Indicate below the office where the majority of the work will be performed, including the address and number of years at that location and the number of full time staff. MapQuest (www.mapquest.com) will be utilized to assess distance.

PointsDistance from:

201 West Burleigh Blvd.Tavares, Fl. 32778

5 If office is within Lake County Florida4 0 – 50 miles outside of Lake County, Florida3 51 - 76 miles2 77 – 102 miles1 103 – 128 miles0 More than 129 miles

Location of office where majority of work will be performed:

County:

Address: Street

City, State Zip

Date office established:

Number of full time staff:

of 40RFQ #3581BM

http://www.mapquest.com/

ATTACHMENT D

SWORN STATEMENT UNDER SECTION 287.133(3)(a),FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths.

1. This sworn statement is submitted to Lake County Schools, FL

by Insert individual's name and title

for Insert name of entity submitting sworn statement

Whose business address is:

(If applicable) its Federal Employer Identification Number (FEIN) is:

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on the attached sheet.) Required as per IRS Form W-9.

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understate that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes means:a. A predecessor or successor of a person convicted of a public entity crime or;b. An entity under the control of any natural person who is active in the management of the

entity and who has been convicted of a public entity crime. The term “affiliate” includes those offices, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm’s length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a join venture with a person who has been convicted of a public entity crime in Florida during the proceeding 36 months shall be considered an affiliate.

5. I understand that a “person” as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors,

of 40RFQ #3581BM

executives, partners, shareholders, employees, members, and agents who are active in management of the entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.)

Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

___________________________________________ Date(Signature)

STATE OF COUNTY OF

PERSONALLY APPEARED BEFORE ME, the undersigned authority,

Insert Name

who, after first being sworn by me, affixed his/her signature in the space provided above on this

day of , 2 .

____________________________________(NOTARY PUBLIC)

My Commission Expires: _____________________________

of 40RFQ #3581BM

PROJECT IDENTIFICATION: RFQ #3581BM – Professional Architectural and Engineering Services for Cafeteria / Food Service Project at Cypress Ridge Elementary School

SOCIAL SECURITY NUMBER: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on the attached sheet.) Required as per IRS Form W-9.

of 40RFQ #3581BM

ATTACHMENT E

NON-COLLUSION AFFIDAVIT

State of

County of

Insert Name being first duly sworn, deposes and says that:

(1) He/she is the Owner, Partner, Officer, Representative, or Agent

of the Proposer that has submitted the attached Proposal;

(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

(3) Such Proposal is genuine and is not a collusive or sham Proposal;

(4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm or person to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work;

(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents representatives, owners, employees or parties in interest, including this affiant.

Signed, sealed, and delivered in the presence of:

__________________________ BY: ____________________________

__________________________ Printed Name

Title

Date

of 40RFQ #3581BM

ATTACHMENT F

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions

This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110.

Instructions for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," " person," "primary covered transaction," " principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

NAME OF APPLICANT PR/AWARD NUMBER AND/OR PROJECT NAME

3581BMPRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

ED 80-0014, 9/90 (Replaces GCS-009 (REV.12/88), which is obsolete)

of 40RFQ #3581BM

ATTACHMENT G

NO-BID RESPONSE FORM

Company: Mailing Address: Street, City, State Zip

Signature: __________________________________________________________ Type name:

Title:

Telephone #: Date:

Fax #: E-Mail:

NO BID: I HEREBY SUBMIT THIS AS A “NO BID” FOR THE REASONS CHECKED BELOW:

Insufficient time to respond

We do not offer the product or service requested

Our schedule will not permit us to respond to this bid

Keep our company on this bid list for future bids

Remove our company name from this bid list for future bids

Other (describe briefly)

of 40RFQ #3581BM

ATTACHMENT H

SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made as of this day of , 201 , between The School Board of Lake County, Florida, whose address is 201 West Burleigh Boulevard Tavares, Florida 32778 (hereinafter referred to as the “SCHOOL BOARD”), and , whose address is , , Florida , (hereinafter referred to as the “PROFESSIONAL”).

NOW THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows:

1. Services: The PROFESSIONAL shall perform the following services: SEE EXHIBITS “A & B,” which are attached and incorporated by reference herein. Nothing herein shall limit the SCHOOL BOARD'S right to obtain proposals or services from other professionals for similar projects.

2. Insurance:

A. The PROFESSIONAL shall maintain throughout this Agreement the following insurance:

(i) Professional liability insurance in the amount of Two Million Dollars ($2,000,000);

(ii) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the operations of the PROFESSIONAL, in an amount not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage with the SCHOOL BOARD as an additional named insured.

(iii) Comprehensive General Liability, including Contractor’s Protective Liability and Product – Completed Operations – Coverage and Contractual Liability - in the amount of One Million Dollars ($1,000,000), with the SCHOOL BOARD named as an additional insured.

(iv) Workers’ Compensation Insurance for all employees of the PROFESSIONAL as applicable and required by Florida Statutes. A Waiver of Subrogation in favor of The School Board of Lake County, Florida and its members, officers and employees shall be endorsed onto the Workers’ compensation policy.

B. “The School Board of Lake County, Florida and its members, officers and employees” shall be an additional named insured on those coverages/policies listed above.

C. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the PROFESSIONAL.

D. The PROFESSIONAL shall ensure that all insurance policies required by this section are issued by companies with either of the following qualifications:

(i) The company must be (1) authorized by existing certificates of authority by the Department of Insurance of the State of Florida or (2) an eligible surplus lines insurer under Florida Statutes. In addition, the insurer must have a Best’s Rating of “A” or better according to the latest edition of Best’s Key Rating Guide, published by A.M. Best Company; or

of 40RFQ #3581BM

(ii) With respect only to the Workers’ Compensation Insurance, the company may be (1) authorized as a group self-insurer pursuant to Florida Statutes or (2) authorized as a commercial self-insurance fund pursuant to Florida Statutes.

E. Neither approval nor failure to disapprove the insurance furnished by the PROFESSIONAL to the School Board shall relieve the PROFESSIONAL of the PROFESSIONAL’S full responsibility to provide insurance as required under this Agreement.

F. The PROFESSIONAL shall be responsible for assuring that the insurance remains in force for the duration of this Agreement, including any and all option years that may be granted to the PROFESSIONAL. The PROFESSIONAL shall be responsible for notifying SCHOOL BOARD within 48 hours upon receipt of any cancellation notice or intent to non-renew. If the insurance is scheduled to expire during the contractual period, the PROFESSIONAL shall be responsible for submitting new or renewed certificates of insurance to the SCHOOL BOARD at a minimum of fifteen (15) calendar days in advance of such expiration.

G. Unless otherwise notified, the certificate of insurance shall be delivered to:

Lake County Schools Purchasing Department 29529 County Road 561 Tavares, Florida 32778

H. The name and address of the Certificate Holder on the certificate of insurance must be:

The School Board of Lake County, Florida 201 West Burleigh Boulevard Tavares, Florida 32778

I. 1In the event that PROFESSIONAL fails to maintain insurance as described in Section 2, paragraph A of this Agreement, such failure will constitute a material breach of this Agreement and will be cause for immediate termination of this Agreement. If such a breach occurs then PROFESSIONAL agrees that SCHOOL BOARD may take any action necessary at law or in equity to preserve and protect SCHOOL BOARD’s rights.

3. Indemnification: The PROFESSIONAL shall indemnify the SCHOOL BOARD and hold it, its officers, and its employees harmless from liabilities, losses, and costs, including, but not limited to, reasonable attorney’s fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the PROFESSIONAL and persons employed or utilized by the PROFESSIONAL in the performance of this Agreement. The liability of the PROFESSIONAL shall, however, be limited to two million dollars and 00/100 ($2,000,000.00) per occurrence, and the obligation of the PROFESSIONAL to indemnify the SCHOOL BOARD shall be limited to acts, omissions, or defaults of the PROFESSIONAL and any contractors, subcontractors, sub-subcontractors, materialmen, agents, or employees of the PROFESSIONAL, providing labor, services or materials in connection with the project; provided however that the PROFESSIONAL shall not be obligated to indemnify the SCHOOL BOARD against losses arising from the gross negligence, or willful, wanton, or intentional misconduct of the SCHOOL BOARD, its officers, agents and employees, or against statutory violations or punitive damages except to the extent caused by or resulting from the acts, omissions or defaults of the PROFESSIONAL and any contractors, subcontractors, sub-subcontractors, materialmen, agents, or employees of the PROFESSIONAL, providing labor, services or materials in connection with this Agreement.

of 40RFQ #3581BM

4. Codes, Laws, and Regulations: PROFESSIONAL will comply with all applicable codes, laws, regulations, standards, and ordinances in force during the term of this Agreement.

5. Permits, Licenses, and Fees: PROFESSIONAL will obtain and pay for all permits and licenses required by law that are associated with the PROFESSIONAL'S performance of the Scope of Services.

6. Access to Records: PROFESSIONAL will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. PROFESSIONAL shall ensure that such records are available for examination by the SCHOOL BOARD during PROFESSIONAL'S normal business hours. PROFESSIONAL shall maintain such records for a period of three (3) years after the date of the invoice.

7. Contingent Fees Prohibited: The PROFESSIONAL warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the PROFESSIONAL, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the PROFESSIONAL any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the SCHOOL BOARD shall have the right to terminate this Agreement without further liability, and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement.

8. Payment: SCHOOL BOARD shall compensate PROFESSIONAL for their services in the following manner: SEE EXHIBIT “A” and “C,” which are attached and incorporated by reference herein. SCHOOL BOARD shall also pay to PROFESSIONAL, in accordance with the provisions of EXHIBIT “A,” certain “Reimbursable Expenses” incurred by the PROFESSIONAL in the interest of services provided for in this Agreement, provided however, PROFESSIONAL shall not charge for routine telephone calls. Invoices shall be sent to the SCHOOL BOARD once monthly. All invoices shall be paid within thirty (30) days of receipt. No other costs or services shall be billed to the SCHOOL BOARD.

9. Ownership of Documents: All data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, memoranda, and other documents, instruments, information and material prepared or accumulated by the PROFESSIONAL (or by such sub-consultants and specialty consultants) in rendering services hereunder shall be the sole property of the SCHOOL BOARD who may have access to the reproducible copies at no additional cost other than printing. Provided, that the PROFESSIONAL shall in no way be liable or legally responsible to anyone for the SCHOOL BOARD's use of any such materials for another PROJECT, or following termination. All original documents shall be kept on file at the office of the PROFESSIONAL for a period of 15 years. At the end of the 15 year period PROFESSIONAL shall provide the SCHOOL BOARD with thirty (30) days written notice by certified mail, return receipt requested, of its intent to destroy documents at which time the SCHOOL BOARD shall determine whether to take possession of the stored documents or whether to allow the PROFESSIONAL to destroy the stored documents.

. 10. Independent Contractor: The PROFESSIONAL agrees that he or she is an independent contractor and

not an agent, joint venturer, or employee of the SCHOOL BOARD, and nothing in this Agreement shall be construed to be inconsistent with this relationship or status. None of the benefits provided by the SCHOOL BOARD to its employees, including but not limited to, workers’ compensation insurance, unemployment insurance, or retirement benefits, are available from the SCHOOL BOARD to the PROFESSIONAL. PROFESSIONAL will be responsible for paying its own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this Agreement. The PROFESSIONAL shall be solely and entirely responsible for his or her acts during the performance of this Agreement.

of 40RFQ #3581BM

11. Assignment: Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto.

12. No Third Party Beneficiaries: This Agreement gives no rights or benefits to anyone other than the PROFESSIONAL and the SCHOOL BOARD.

13. Jurisdiction: The laws of the State of Florida shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Lake County, Florida.

14. Term and Termination: The term of this contract shall be for an initial period until final acceptance of the completed project by the Board. If associated work arises during the course of this project it will be the determination of the Board as to whether to negotiate an amendment for any additional associated work or to use another method of contracting.

All or part of this Agreement may be terminated by the SCHOOL BOARD, for its convenience, upon not less than fifteen (15) days written notice to the PROFESSIONAL of such intent to terminate. In such event, the PROFESSIONAL will be entitled to compensation for services competently performed up to the date of termination.

15. Contact Person: The primary contact person under this Agreement for the PROFESSIONAL shall be . The primary contact person under this Agreement for the SCHOOL BOARD shall be Gary M. Parker, Director of Facilities Design and Construction.

16. Approval of Contractors: The SCHOOL BOARD reserves the right to approve the contact person and the persons actually performing the PROFESSIONAL services on behalf of PROFESSIONAL pursuant to this Agreement. If SCHOOL BOARD, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of PROFESSIONAL pursuant to this Agreement, SCHOOL BOARD may require that the PROFESSIONAL assign a different person or persons to be the contact person or to perform the PROFESSIONAL services hereunder.

17. Disclosure of Conflict: The PROFESSIONAL has an obligation to disclose to the SCHOOL BOARD any situation that, while acting pursuant to this Agreement, would create a potential conflict of interest between the PROFESSIONAL and its duties under this Agreement.

18. Background Investigations: The PROFESSIONAL represents and warrants to the Owner that it has read and is familiar with Florida Statute Sections 1012.315, 1012.32, 1012.465, 1012.467, and 1012.468, regarding background investigations. The PROFESSIONAL covenants to comply with all requirements of the above-cited statutes, including, but not limited to, requiring that all employees or contractual personnel who are permitted access on school grounds when students are present or who have direct contact with students, meet level 2 screening requirements as described in Section 1012.32. The PROFESSIONAL shall provide Owner with proof of compliance upon request and shall indemnify and hold harmless the Owner, its officers, agents and employees from any liability in the form of physical injury, death, or property damage resulting from the PROFESSIONAL’S failure to comply with the requirements of this paragraph or Florida Statute Sections 1012.315, 1012.32, 1012.465, 1012.467 and 1012.468.

19. 1Modifications and Amendments. This Agreement may be modified or amended only by a written document signed by authorized representatives of the PROFESSIONAL and SCHOOL BOARD.

of 40RFQ #3581BM

20. Subcontracts and Assignment. PROFESSIONAL shall not subcontract or assign any of the work contemplated under this Agreement without first obtaining written approval from the SCHOOL BOARD. Any subcontractor or assignee shall be bound by the terms of this Agreement, including, but not limited to, the fingerprinting, insurance and indemnification provisions.

21. Entire Agreement. This constitutes the entire agreement between SCHOOL BOARD and PROFESSIONAL and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated herein.

22. 1Severability Clause. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and/or the entire agreement shall be severable and remain in effect.

23. Notices.

a.) 1All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows:

SCHOOL BOARD: Superintendent

201 West Burleigh BoulevardTavares, Florida 32778

PROFESSIONAL:

b.) 1All notices required, or which may be given hereunder, shall be considered properly given if (1) personally delivered, (2) sent by certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company.

c.) 1The effective date of such notices shall be the date personally delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was picked up by the overnight delivery company.

d.) 1Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing, the other party in a manner designated for the filing of notice hereunder.

24. Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement.

of 40RFQ #3581BM

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature.

“PROFESSIONAL”

(Name of Professional)

By:

Print: ________________________________

Its: (Corporate Officer)

Date: ________________________________

“SCHOOL BOARD”

THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA

By_________________________________ Rosanne Brandeburg, Chairperson

Date:_______________________________Approved as to form:

________________________________School Board Attorney Attest:

_____________________________Dr. Susan Moxley, Superintendent

of 40RFQ #3581BM

EXHIBIT “A”

GENERAL CONDITIONS

The PROFESSIONAL shall provide professional services to the SCHOOL BOARD as the project architect for the following Project: RFQ #3581BM – Professional Architectural and Engineering Services for Cafeteria / Food Service Project at Cypress Ridge Elementary School.

ARTICLE 1.1 INITIAL INFORMATION

1.1.1 This Agreement is based on the following information and assumptions.

1.1.2 PROJECT PARAMETERS

1.1.2.1 Objective: Professional architectural and engineering services for educational facilities project planning, programming and design for cafeteria / food service addition and remodeling at cypress ridge elementary school.

1.1.2.2 Physical Parameters: The selected A/E team to assist staff in determining best location for the Cafeteria addition on the existing Cypress Ridge Elementary School Campus.

1.1.2.3 SCHOOL BOARD’S Program: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES: To assist the Facilities Design & Construction Department, professional services are required for Educational Facilities Planning, Programming, Design and Construction Administration for Cafeteria / Food Service Addition and Remodeling at Cypress Ridge Elementary School. The scope of services will include, but not be limited to, the following:

i) Thorough documentation of the existing conditions using ground/aerial surveying methods:

(a) Boundary and topographic surveys (including easements)(b) Utility locations (lines and appurtenances)(c) Building locations(d) Pavement locations (walks, drives, parking and roads)(e) Landscape locations and identification of all trees of 4-inch diameter or greater(f) Other physical features (i.e., retention areas)

ii) Functional assessments (i.e. functional relationships, pedestrian and vehicular circulation patterns, community access patterns, etc.)

iii) Determination of Facilities Needs based upon:

(a) Enrollment projections(b) Community use requirements(c) Functional considerations

iv) Develop a framework for future site development based on premises established and documented facilities needs with comprehensive input from:

(a) School administration(b) District administration(c) Growth Planning(d) Facilities Design & Construction Department(e) Maintenance Department

of 40RFQ #3581BM

v) Develop detailed drawings and specifications for bidding and construction

vi) Establish phasing plans (as appropriate) for execution of the work

vii) Establish capital cost estimates for accomplishing each phase or increment of the plan

1.1.2.4 Legal Parameters: To be determined by mutual agreement

1.1.2.5 Financial Parameters: The financial parameters are as follows

1. Amount of the SCHOOL BOARD’S overall budget for the Project, including the PROFESSIONAL’S compensation is: $2,500,000.00.

2. Amount of the SCHOOL BOARD’S budget for the Cost of the Work, excluding the PROFESSIONAL’S compensation, is $2,000,000.00.

1.1.2.6 Time Parameters: TBD with the assistance of the selected A/E team

1.1.2.7 The proposed procurement or delivery method for the Project is CM at Risk.

1.1.3 PROJECT TEAM

1.1.3.1 The SCHOOL BOARD’S Designated Representative is: Gary M. Parker, Director of Facilities Design and Construction.

1.1.3.2 The SCHOOL BOARD’S other consultants and contractors are: Surveyor: TBDMaterial / Soils Testing: TBDPermitting & Inspections: SCHOOL BOARD

1.1.3.3 The PROFESSIONAL’S Designated Representatives are:

1.1.3.4 The consultants retained at the PROFESSIONAL’S expense are:M/E/P Engineering & Technology: Civil Engineering: Structural Engineering: Other:

ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES

1.2.1 The SCHOOL BOARD and the PROFESSIONAL shall, whenever practicable, cooperate so as to effectively complete their respective tasks required by this Agreement. The Parties shall also endeavor to facilitate cooperation among all members of the Project team.

1.2.2 SCHOOL BOARD’S RESPONSIBILITIES

1.2.2.1 The SCHOOL BOARD shall whenever practicable provide full information to the PROFESSIONAL regarding the various requirements of the Project. The SCHOOL BOARD shall, within a reasonable period

of 40RFQ #3581BM

after receipt of a written request, furnish to the PROFESSIONAL such information as is required for the PROFESSIONAL to examine, provide notice of, or to enforce lien rights.

1.2.2.2 The SCHOOL BOARD may periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The SCHOOL BOARD shall endeavor to provide the PROFESSIONAL with information regarding any such proposed updates or changes to the budget.

1.2.2.3 The SCHOOL BOARD’S Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the SCHOOL BOARD’S behalf with respect to the Project. However, such representative shall not have authority to alter or amend this Agreement.

1.2.2.4 The SCHOOL BOARD may furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the PROFESSIONAL to furnish them as a Change in Services when such services are requested by the PROFESSIONAL and are, in the sole discretion of the SCHOOL BOARD, reasonably required by the scope of the project.

1.2.2.5 Unless otherwise provided in this Agreement, the SCHOOL BOARD shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and test for hazardous materials.

1.2.2.6 Except as otherwise expressly provided in this Agreement, the SCHOOL BOARD shall furnish any legal, insurance and accounting services, including auditing services, that are, in the sole discretion of the SCHOOL BOARD, reasonably necessary for the Project to meet the SCHOOL BOARD’S needs and/or requirements.

1.2.2.7 If the SCHOOL BOARD becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the PROFESSIONAL’S Instruments of Service, then the SCHOOL BOARD shall notify the PROFESSIONAL of such fault(s) and/or defect(s).

1.2.3 PROFESSIONAL’S RESPONSIBILITIES

1.2.3.1 The services performed by the PROFESSIONAL, PROFESSIONAL’S employees, and PROFESSIONAL’S consultants shall be as set forth in Article 1.4, and any other related services specifically requested, in writing, by the SCHOOL BOARD.

1.2.3.2 The PROFESSIONAL’S services shall be performed both expeditiously and with professional skill and care required for the orderly progress of the Project. The PROFESSIONAL shall submit for the SCHOOL BOARD’S approval a schedule for the performance of the PROFESSIONAL’S services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which may be adjusted, if, in the sole opinion of the SCHOOL BOARD, such adjustments are necessary, as the Project proceeds. This schedule shall include allowances for consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the SCHOOL BOARD shall not, except for reasonable cause, be exceeded by the PROFESSIONAL or the SCHOOL BOARD, unless, in the sole opinion of the SCHOOL BOARD, such delays are reasonable.

1.2.3.3 The PROFESSIONAL’S Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the PROFESSIONAL’S behalf with respect to the project.

1.2.3.4 The PROFESSIONAL shall maintain the confidentiality of information specifically designated as confidential by the SCHOOL BOARD, unless withholding such information would violate the law. The PROFESSIONAL shall require of the PROFESSIONAL’S consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the SCHOOL BOARD.

of 40RFQ #3581BM

1.2.3.5 Except with the SCHOOL BOARD’S knowledge and consent, the PROFESSIONAL shall not engage in any activity, or accept any employment, interest or contribution that would, in the sole opinion of the SCHOOL BOARD, compromise the Architect’s professional judgment with respect to this Project.

1.2.3.6 The PROFESSIONAL shall both review ensure compliance with any and all laws, codes and regulations applicable to the PROFESSIONAL’S services. The PROFESSIONAL shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.

1.2.3.7 The PROFESSIONAL shall provide prompt written notice to the SCHOOL BOARD if the PROFESSIONAL becomes aware of any errors, omissions or inconsistencies in services or information furnished by the SCHOOL BOARD or the SCHOOL BOARD’S Representative.

ARTICLE 1.3 TERMS AND CONDITIONS

1.3.1 COST OF THE WORK

1.3.1.1 The Cost of the Work shall be the total cost, or to the extent the Project is not completed, the estimated cost to the SCHOOL BOARD of all elements of the Project designed or specified by the PROFESSIONAL.

1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the SCHOOL BOARD and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work.

1.3.1.3 The Cost of the work does not include the compensation of the PROFESSIONAL and the PROFESSIONAL’S consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the SCHOOL BOARD.

1.3.2 CHANGE IN SERVICES

1.3.2.1 The SCHOOL BOARD may require Changes in Services of the PROFESSIONAL, including services required of the PROFESSIONAL’S consultants without invalidating the Agreement, if mutually agreed in writing or if required by circumstances beyond the PROFESSIONAL’S control. In the absence of mutual agreement in writing, the PROFESSIONAL shall notify the SCHOOL BOARD prior to providing such services.

1.3.3 MISCELLANEOUS PROVISIONS

1.3.3.1 The laws of the State of Florida shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Lake County, Florida.

1.3.3.2 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the SCHOOL BOARD or the PROFESSIONAL.

1.3.3.3 The PROFESSIONAL shall have the right to include photographic or artistic representations of the design of the Project among the PROFESSIONAL’S promotional and professional materials. However, the PROFESSIONAL’S materials shall not include the SCHOOL BOARD’S confidential or propriety information. 1.3.3.4 If the SCHOOL BOARD requests the PROFESSIONAL to execute certificates, the proposed language of such certificates shall be submitted to the PROFESSIONAL for review within a reasonable period prior to the

of 40RFQ #3581BM

requested dates of execution. The PROFESSIONAL shall not be required to execute certificates that would require knowledge, services, or responsibilities beyond the scope of this Agreement.

1.3.3.5 The SCHOOL BOARD and the PROFESSIONAL, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the SCHOOL BOARD nor the PROFESSIONAL shall assign this Agreement without the written consent of the other, except that the SCHOOL BOARD may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the SCHOOL BOARD’S rights and obligations under this Agreement. The PROFESSIONAL shall execute all consents reasonably required to facilitate such assignment.

1.3.4 TERMINATION OR SUSPENSION

1.3.4.1 All or part of this Agreement may be terminated by the SCHOOL BOARD for its convenience on fifteen (15) days written notice to the PROFESSIONAL. In such event, the PROFESSIONAL will be entitled to compensation for services competently performed up to the date of termination.

1.3.4.2 If the Project is suspended for more than ninety (90) consecutive days, then the PROFESSIONAL may terminate this Agreement by giving not less than (7) seven days written notice.

1.3.5 PAYMENTS TO THE PROFESSIONAL

1.3.5.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the PROFESSIONAL’S statement of services.

1.3.5.2 Reimbursable Expenses are in addition to compensation for the PROFESSIONAL’S services and include expenses incurred by the PROFESSIONAL and PROFESSIONAL’S employees and consultants directly related to the Project, as identified in the following Clauses:

1. pre-authorized out-of-town travel and subsistence;2. fees paid for securing approval of authorities having jurisdiction over the Project;3. reproductions, plots, standard form documents, postage, handling and delivery of Instruments of

Service, except as described in Subparagraph 2.4.3.1;4. expense of overtime work requiring higher than regular rates if authorized in advance, in

writing, by the SCHOOL BOARD; and5. renderings, models and mock-ups requested by the SCHOOL BOARD.

1.3.5.3 The PROFESSIONAL shall provide Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense to the SCHOOL BOARD or the SCHOOL BOARD’S authorized representative along with PROFESSIONAL’S invoices submitted to the SCHOOL BOARD under this Agreement.

1.3.5.4 Direct Personnel Expense is defined as the direct salaries of the PROFESSIONAL’S personnel engaged on the Project.

ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS

1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the SCHOOL BOARD and the PROFESSIONAL and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the SCHOOL BOARD and the PROFESSIONAL. This Agreement comprises the documents listed below.

of 40RFQ #3581BM

1.4.1.1 General Conditions (Exhibit “A”)

1.4.1.2 Professional’s Services (Exhibit “B”)

1. The PROFESSIONAL will provide the Architectural, Structural, Mechanical, and Electrical design related to this facility. Connection of this facility to existing water, sewer, electrical, and telephone services that are adjacent to the site are included in this Agreement.

2. Civil Engineering is also a part of this Agreement. Design and documentation related to drives, parking, storm water drainage and retention, and agency review and permitting, will be performed by the PROFESSIONAL. PROFESSIONAL will coordinate the adaptation of the facility design to the site.

3. The PROFESSIONAL shall warrant to the best of his knowledge and belief that the Construction Documents comply with all applicable codes and regulations.

ARTICLE 1.5 COMPENSATION

1.5.1 For the PROFESSIONAL’S services as described under Article 1.4, compensation shall be computed as follows:

Compensation shall be based upon a fixed fee of:

1. Construction Document Phase. 2. Site Specific/Adapt Fee. 3. Bidding & Construction Administration Phase. 4. Building Structure and Systems Adaptive Fee. 5. Total Compensation.

The Parties understand and agree that the Construction Administration Phase compensation shall be payable to the PROFESSIONAL in direct relationship to the percentage of completed construction each month. The Construction Administration Phase is estimated to be months.

1.5.2 If the services of the PROFESSIONAL are changed as described in Subparagraph 1.3.3.1, the PROFESSIONAL shall be compensated for such additional services in accordance with the Rate Schedule attached as Exhibit “C”.

1.5.3 For a Change in Services of the PROFESSIONAL’S consultants, compensation shall be computed as a multiple of times the amounts billed to the PROFESSIONAL for such services.

1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.5.2, the compensation shall be computed as a multiple of times the expenses incurred by the PROFESSIONAL and the PROFESSIONAL’S employees and consultants.

1.5.5 Payments are due and payable fourteen (14) days from the date of the PROFESSIONAL’S invoice.

1.5.6 Right to Audit.

1. PROFESSIONAL shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later or such longer period of time as may be required by law. PROFESSIONAL shall require all of its subcontractors to likewise retain all of their Project records and supporting documentation. Owner, and any duly authorized agents or representatives of Owner, shall be

of 40RFQ #3581BM

provided access to all such records and supporting documentation at any and all times during normal business hours upon request by Owner. Further, Owner, and any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all of PROFESSIONAL’S and any subcontractor’s project records and documentation as often as they deem necessary and PROFESSIONAL shall cooperate in any audit, inspection, or copying of the documents. These access, inspection, copying and auditing rights shall survive the termination of this Agreement.

2. If at any time, Owner conducts such an audit of PROFESSIONAL’S records and documentation and finds that PROFESSIONAL overcharged Owner, PROFESSIONAL shall pay to Owner the Overcharged Amount, which is defined as the total aggregate overcharged amount together with interest thereon (such interest to be established at the rate of 12% annum). If the Overcharged Amount is equal to or greater than $25,000.00, PROFESSIONAL shall pay to Owner the Overcharged Amount and the Audit Amount, which is defined as the total aggregate of Owner’s reasonable audit costs, incurred as a result of its audit of PROFESSIONAL and Owner. If such amounts owed PROFESSIONAL are insufficient to cover the Overcharged Amount and Audit Amount, as applicable, then PROFESSIONAL hereby acknowledges and agrees that it shall pay such remaining amounts to Owner within seven (7) business day of its receipt of Owner’s invoice for such remaining amounts. In no event shall the Overcharged Amount or the Audit Amount be deemed a reimbursable Cost of the Work.

3. This Section, including all access, inspection, copying, auditing, reimbursement and repayment rights shall survive the termination of this Agreement.

of 40RFQ #3581BM

Exhibit “B”

PROFESSIONAL’S SERVICESDESIGN AND CONTRACT ADMINISTRATION

ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES

2.1.1 The PROFESSIONAL shall provide management services and administer the Project. The PROFESSIONAL shall consult with the SCHOOL BOARD, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The PROFESSIONAL shall coordinate the services provided by the PROFESSIONAL and the PROFESSIONAL’S consultants with those services provided by the SCHOOL BOARD and the SCHOOL BOARD’S consultants.

2.1.2 When Project requirements have been sufficiently identified, the PROFESSIONAL shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the SCHOOL BOARD, design services furnished by the PROFESSIONAL, completion of documentation provided by the PROFESSIONAL, commencement of construction and substantial Completion of the Work.

2.1.3 The PROFESSIONAL shall consider the value of the alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project.

2.1.4 Upon request of the SCHOOL BOARD, the PROFESSIONAL shall make a presentation to explain the design of the Project to representatives of the SCHOOL BOARD.

2.1.5 The PROFESSIONAL shall submit design documents to the SCHOOL BOARD at intervals appropriate to the design process for purposes of evaluation and approval by the SCHOOL BOARD.

2.1.6 The PROFESSIONAL shall assist the SCHOOL BOARD in connection with the SCHOOL BOARD’S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK

2.1.7.1 When the Project requirements have been sufficiently identified, the PROFESSIONAL shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the PROFESSIONAL shall advise the SCHOOL BOARD of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the PROFESSIONAL’S estimate of the Cost of the Work exceeds the SCHOOL BOARD’S budget, the PROFESSIONAL shall make appropriate recommendations to the SCHOOL BOARD to adjust to Project’s size, quality or budget.

2.1.7.2 In preparing estimates of the Cost of the Work, the PROFESSIONAL shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component system and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project, and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the SCHOOL BOARD’S budget for the Cost of the Work.

2.1.7.3 If bidding or negotiation has not commenced within 90 days after the PROFESSIONAL submits the Construction Documents to the SCHOOL BOARD, then the SCHOOL BOARD may adjust the budget for the Cost of the Work to reflect changes in the general level of prices in the construction industry.

of 40RFQ #3581BM

2.1.7.4 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the SCHOOL BOARD shall:

1. give written approval of an increase in the budget for the Cost of the Work;2. authorize rebidding or renegotiating of the Project within a reasonable time;3. terminate in accordance with Section 1.3.4; or4. cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.

2.1.7.5 If the SCHOOL BOARD chooses to proceed under Clause 2.1.7.4, the PROFESSIONAL without additional compensation, shall modify the documents for which the PROFESSIONAL is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work.

ARTICLE 2.2 SUPPORTING SERVICES

2.2.1 Unless specifically designated herein or in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the PROFESSIONAL or the PROFESSIONAL’S consultants and contractors.

2.2.1.1 The PROFESSIONAL shall furnish a program setting forth the SCHOOL BOARD’S objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements.

2.2.1.2 The PROFESSIONAL shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referred to a Project benchmark.

2.2.1.3 The PROFESSIONAL shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations.

ARTICLE 2.3 EVALUATION AND PLANNING SERVICES

2.3.1 The PROFESSIONAL shall provide a preliminary evaluation of the information furnished by the SCHOOL BOARD under this Agreement, including the SCHOOL BOARD’S program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The PROFESSIONAL shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the SCHOOL BOARD of any other information or consultant services that may be reasonably needed for the Project.

2.3.2 The PROFESSIONAL shall provide a preliminary evaluation of the SCHOOL BOARD’S site for the Project based on the information provided by the SCHOOL BOARD of site conditions, and the SCHOOL BOARD’S program, schedule and budget for the Cost of the Work.

2.3.3 The PROFESSIONAL shall review the SCHOOL BOARD’S proposed method of contracting for construction services and shall notify the SCHOOL BOARD of anticipated impacts that such method may have on the SCHOOL BOARD’S program, financial and time requirements, and the scope of the Project.

ARTICLE 2.4 DESIGN SERVICES

of 40RFQ #3581BM

2.4.1 The PROFESSIONAL’S design services shall include normal structural, mechanical and electrical engineering services.

2.4.2 DESIGN DEVELOPMENT DOCUMENTS

2.4.2.1 The PROFESSIONAL shall provide Design Development Documents based on the updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels.

2.4.3 CONSTRUCTION DOCUMENTS

2.4.3.1 The PROFESSIONAL shall provide Construction Documents based on the approval of Design Development Documents and the updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. The PROFESSIONAL shall provide two (2) full size sets of Design/Development documents, two (2) full size set of 50% Construction documents, two (2) half size sets, 5 full size sets, and 1 electronic copy of signed and sealed Phase III Documents to the SCHOOL BOARD. The electronic copy shall be provided in PDF format with CAD files scaled to fit on a 22” x 17” PDF sheet. The SCHOOL BOARD shall be granted access to PROFESSIONAL’s FTP (File Transfer Protocol) site for ease in transferring documents

2.4.3.2 During the development of the Construction Documents, the PROFESSIONAL shall assist the SCHOOL BOARD in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the SCHOOL BOARD and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The PROFESSIONAL also shall compile the Project Manual that includes the Conditions of the Contract the Construction and Specifications and may include bidding requirements and sample forms.

ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES

2.5.1 The PROFESSIONAL shall assist the SCHOOL BOARD in obtaining either competitive bids or negotiated proposals and shall assist the SCHOOL BOARD in awarding and preparing contracts for construction.

2.5.2 The PROFESSIONAL shall assist the SCHOOL BOARD in establishing a list of prospective bidders or contractors.

2.5.3 The PROFESSIONAL shall assist the SCHOOL BOARD in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the SCHOOL BOARD, the PROFESSIONAL shall notify all prospective bidders or contractors of the bid or contractors of the bid or proposal results.

2.5.4 COMPETITIVE SOLICITATIONS

2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings.

of 40RFQ #3581BM

2.5.4.2 If requested by the SCHOOL BOARD, the PROFESSIONAL shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The SCHOOL BOARD shall pay directly for the cost of reproduction or shall reimburse the PROFESSIONAL for such expenses.

ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES

2.6.1 GENERAL ADMINISTRATION

2.6.1.1 The PROFESSIONAL shall provide administration of the Contract between the SCHOOL BOARD and the Contractor as set forth below. SCHOOL BOARD shall provide General Conditions of the contract for construction.

2.6.1.2 The PROFESSIONAL’S responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates upon the issuance to the SCHOOL BOARD of the final Certificate for Payment.

2.6.1.3 The PROFESSIONAL shall be a representative of and shall advise and consult with the SCHOOL BOARD during the provision of the Contract Administration Services. The PROFESSIONAL shall have authority to act on behalf of the SCHOOL BOARD only to the extent provided in this Agreement unless otherwise modified by written amendment.

2.6.1.4 The PROFESSIONAL shall review requests by the Contractor for additional information about the Contract Documents.

2.6.1.5 If requested, the PROFESSIONAL shall prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor.

2.6.2 EVALUATIONS OF THE WORK

2.6.2.1 The PROFESSIONAL, as a representative of the SCHOOL BOARD, shall visit the site at intervals appropriate to the stage of the Contractor’s operations, or as otherwise agreed by the SCHOOL BOARD and the PROFESSIONAL, (1) to become generally familiar with and to keep the SCHOOL BOARD informed about the progress and quality of the portion of the Work completed, (2) TO GUARD THE SCHOOL BOARD against defects and deficiencies in the Work, and (3) to determine if the Work is being performed in accordance with the Contact Documents.

2.6.2.2 The PROFESSIONAL shall report to the SCHOOL BOARD any deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor.

2.6.2.3 The PROFESSIONAL shall, if practicable, have access to the Work wherever it is in preparation or progress.

2.6.2.4 The PROFESSIONAL shall have authority to reject Work that does not conform to the Contract Documents. The PROFESSIONAL will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.

2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR

2.6.3.1 The PROFESSIONAL shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The PROFESSIONAL’S certification for payment shall constitute a representation to the SCHOOL BOARD that the Work has progressed to the point indicated and that, to the best of the PROFESSIONAL’S knowledge, information and belief, the quality of the Work is in accordance with the

of 40RFQ #3581BM

Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion (2) to results of subsequent tests and inspections, and (3) to correction of minor deviations from the Contract Documents prior to completion.

2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the PROFESSIONAL has ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

2.6.3.3 The PROFESSIONAL shall maintain a record of the Contractor’s Applications for payment.

2.6.4 SUBMITTALS

2.6.4.1 The PROFESSIONAL shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples. The PROFESSIONAL’S action shall be taken with such promptness as to cause no delay in the Work or in the activities of the SCHOOL BOARD, Contractor or separate contractors.

2.6.4.2 The PROFESSIONAL shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.

2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the PROFESSIONAL shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional’s written approval when submitted to the PROFESSIONAL. The PROFESSIONAL shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals.

2.6.5 CHANGES IN THE WORK

2.6.5.1 The PROFESSIONAL shall prepare Change Orders and Construction Change Directives for the SCHOOL BOARD’S approval and execution in accordance with the Contract Documents. If requested by the SCHOOL BOARD, the PROFESSIONAL shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified. 2.6.5.2 The PROFESSIONAL shall assist the SCHOOL BOARD in reviewing properly prepared, timely requests by the Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to allow a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the PROFESSIONAL determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the PROFESSIONAL may recommend that the SCHOOL BOARD issue an order for a minor change in the Work or may recommend to the SCHOOL BOARD that requested change be denied.

2.6.5.3 If the PROFESSIONAL determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the PROFESSIONAL shall make a recommendation to the SCHOOL BOARD, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the PROFESSIONAL shall estimate the additional cost and time that might result from such change. After approval by the SCHOOL BOARD, the PROFESSIONAL shall incorporate those estimates into a Change Order or other appropriate documentation for the SCHOOL BOARD’S execution or negotiation with the Contractor.

of 40RFQ #3581BM

2.6.5.4 The PROFESSIONAL shall maintain records relative to changes in the Work.

2.6.6 PROJECT COMPLETION

2.6.6.1 The PROFESSIONAL shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the SCHOOL BOARD, for the SCHOOL BOARD’S review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents.

2.6.6.2 The PROFESSIONAL’S inspection shall be conducted with the SCHOOL BOARD’S Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.

2.6.6.3 When the Work is found to be substantially complete, the PROFESSIONAL shall inform the SCHOOL BOARD about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work.

2.6.6.4 The PROFESSIONAL shall receive from the Contractor and forward to the SCHOOL BOARD: (1) consent of surety or sureties, if any, to requests for reduction in or partial release of retainage or making of final payment (2) affidavits, receipts, releases and waivers of liens or binds indemnifying the SCHOOL BOARD against liens.

ARTICLE 2.7 FACILITY OPERATION SERVICES

2.7.1 The PROFESSIONAL shall meet with the SCHOOL BOARD’S Designated Representative promptly after Substantial Completion to review the need for facility operation services.

2.7.2 Upon request of the SCHOOL BOARD, and prior to the expiration of one year from the date of Substantial Completion, the PROFESSIONAL shall conduct a meeting with the SCHOOL BOARD and the SCHOOL BOARD’S Designated Representative to review the facility operations and performance and to make appropriate recommendations to the SCHOOL BOARD.

ARTICLE 2.8 SCHEDULING OF SERVICES

2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the PROFESSIONAL as a Change in Services in accordance with Paragraph 1.3.2:

1. up to two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor;

2. up to weekly visits to the site by the PROFESSIONAL over the duration of the Project during construction;

3. up to two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents; and

4. up to two (2) inspections for any portion of the Work to determine final completion.

2.8.2 The following Design and Contract Administration Services shall be provided by the PROFESSIONAL as a Change in Services in accordance with Paragraph 1.3.2:

1. providing consultation concerning placement of Work resulting from fire or other related cause during construction;

of 40RFQ #3581BM

2. preparation of design and documentation for alternate bid or proposal requests proposed by the SCHOOL BOARD; or

3. Contract Administration Services provided sixty (60) days after the scheduled date of Substantial Completion of the Work. Construction Administration Services through Substantial Completion shall be based on months. Construction Administration Services required of the Architect to deem Substantial Completion beyond the month period shall be considered a Change in Services.

2.8.3 The PROFESSIONAL shall furnish or provide the following services only if specifically designated:

Services Responsibility (PROFESSIONAL, SCHOOL BOARD, Not Provided)

1. Programming........................................................ 2. Land Survey Services........................................... 3. Geotechnical Services.......................................... 4. Space Schematics/Flow Diagrams....................... 5. Existing Facilities Survey..................................... 6. Economic Feasibility Studies............................... 7. Site Analysis and Selection.................................. 8. Environmental Studies and Reports..................... 9. School Board-Supplied Data Coordination.......... 10. Schedule Development and Monitoring............... 11. Civil Design.......................................................... 12. Landscape Design................................................. 13. Interior Design...................................................... 14. Special Bidding or Negotiation............................ 15. Value Analysis..................................................... 16. Detailed Cost Estimating...................................... 17. On-Site Project Representation............................ 18. Construction Management................................... 19. Start-up Assistance............................................... 20. Record Drawings.................................................. 21. Post-Contract Evaluation...................................... 22. Tenant-Related Services.......................................

of 40RFQ #3581BM

Exhibit “C”

Rate Schedule for Additional Services

1. The PROFESSIONAL shall perform any Additional Services specifically requested, in writing, by the SCHOOL BOARD at the following hourly rates:

Principal..............................................................................................................................$ per hour

Project Director / Manager.................................................................................................$ per hour

Sr. Project Architect...........................................................................................................$ per hour

Project Architect.................................................................................................................$ per hour

Architect.............................................................................................................................$ per hour

CADD Operator.................................................................................................................$ per hour

Specification Writer...........................................................................................................$ per hour

Job Site Inspector...............................................................................................................$ per hour

Clerical.....................................................................................................Included in the rates listed above

Payments for Reimbursable Expenses incurred shall be made monthly upon presentation of the PROFESSIONAL’S statement of services in accordance with Section 1.3.5.

12. Invoices for hourly rate services shall be submitted on a monthly basis and shall include the following detail for each separate task performed:

(a) the date the task was performed;(b) identification, by name or initials, of the person performing the task;(c) a description, with reasonable particularity, of the task;(d) the actual time expended to perform the task;(e) the hourly rate applicable to the individual performing the task; and(f) the fee being charged for the task.

3. Block or bundled billing entries, in which two or more tasks are blocked or bundled together into a single billing entry, are prohibited.

4. Mileage: It is agreed that mileage for performance of the work expected throughout the contract period has been included in the rates above. However, the District recognizes that there may be special circumstances that arise where mileage requests may be appropriate. The professional may submit a request in writing for mileage within any proposal for work to be performed and it may be approved or disapproved at the discretion of the Owner. Mileage, if approved, would be paid in accordance with F.S. 112.061.

of 40RFQ #3581BM

COMPANY NAME__________________________ · Web viewcompany name . request for qualification. s...

Documents

Transcript of COMPANY NAME__________________________ · Web viewcompany name . request for qualification. s...