REQUEST FOR PROPOSALS (RFP)

FOR

ARCHITECTS ON CONTINUING CONTRACT

SCHOOL DISTRICT OF PALM BEACH COUNTY CONSTRUCTION PURCHASING DEPARTMENT

3661 INTERSTATE PARK ROAD NORTH, SUITE #209 RIVIERA BEACH, FL 33404

THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

SECTION 00002

TABLE OF CONTENTS

ARCHITECTS ON CONTINUING CONTRACT

THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

DIVISION AND SECTION TITLE TOTAL PAGES SECTION 00001 TITLE PAGE………………………………………………………………………. 1 SECTION 00002 TABLE OF CONTENTS………………………………………………………….. 1 SECTION 00030 ADVERTISEMENT FOR REQUEST FOR PROPOSAL……………………… 2 SECTION 00040 GENERAL INFORMATION……………………..……………………………… 3 SECTION 00050 GENERAL TERMS AND CONDITIONS……………………………………….. 5 SECTION 00090 MINORITY/WOMEN BUSINESS ENTERPRISE………………….…….……. 3 SECTION 00200 INSURANCE REQUIREMENTS………………………………………………… 2 SECTION 00300 EVALUATION PROCESS……………………………………………………..… 2 EXHIBIT A PROPOSAL RESPONSE FORM……………………………………………….. 1 EXHIBIT B PUBLIC ENTITY CRIME CERTIFICATION……………………………………. 2 EXHIBIT C DRUG FREE WORKPLACE CERTIFICATION, PBSD FORM 0580………….. 1 EXHIBIT D SAMPLE AGREEMENT…………………………………………….…………. 10 EXHIBIT E SAMPLE SHORT FORM………………………………………………………… 2 EXHIBIT F SAMPLE FEE SCHEDULE……………………………………………………… 1 EXHIBIT G BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT,

PBSD FORM 1997 …………………………………………………………………. 1

EXHIBIT H SUBCONTRACTOR/SUB-CONSULTANT UTILIZATION REPORT,

PBSD FORM 1528………………………………………………………..……….. 3

EXHIBIT I LETTER OF INTENT, PBSD FORM 1525.……………………………………… 1 EXHIBIT J GOOD FAITH MEMORANDUM…………………………………………………… 1

00002-1

SECTION 00030

ADVERTISEMENT FOR REQUEST FOR PROPOSAL

ARCHITECTS ON CONTINUING CONTRACT

The School Board of Palm Beach County, Florida invites qualified Architects licensed by the State of Florida, to perform Architect Services for the School District of Palm Beach County. Scope of Work: Architectural Design Services. A specific scope of work will be provided for each project. This contract will be used for miscellaneous assignments not covered within the scope of a defined project. The scope of work will be provided as applicable based on Florida Statute (F.S.) 287.055(g) “…whereby the Architect provides professional services to the Owner for the projects in which construction costs do not exceed $1,000,000, for study activity when the fee for such professional services does not exceed $50,000 or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a termination clause. Interested firms shall submit Proposals no later than 2:00 p.m. on October 28, 2009 to the Construction Purchasing Department. Proposals should be submitted as one (1) printed hard copy marked “ORIGINAL” bound, indexed and tabbed per the required selection criteria documents listed in the Request For Proposal document, PLUS ten (10) additional sets on CD. CD’s should be submitted in PDF format and bookmarked per the required selection criteria documents listed in the Request for Proposal document. Proposers are responsible for all CD’s submitted to be properly formatted and functional working copies. Failure to provide the information required in the RFP may result in the Proposal being considered non-responsive. The RFP document and all additional information published as part of the RFP document may be obtained by contacting:

HELEN R. STOKES by email at stokesh@palmbeach.k12.fl.us or by phone at (561) 882-1954 KATRINA HAZLEY by email at hazleyk@palmbeach.k12.fl.us or by phone at (561) 882-1949

SCHEDULE FOR SELECTION: PROPOSALS DUE DATE: October 28, 2009 not later than 2:00 PM at: School District of Palm Beach County

Construction Purchasing Department 3661 Interstate Park Road North, Suite 209,

Riviera Beach, FL 33404 Evaluation Committee Meeting ** November 5, 2009 @ 1:00 p.m. Posting Date November 6, 2009 Board Award of Contract December 16, 2009

**OPEN TO PUBLIC ATTENDANCE* Publish Dates: September 28, October 5 and October 12, 2009

00030-1

M/WBE PARTICIPATION: THE SCHOOL BOARD OF PALM BEACH COUNTY IS COMMITTED TO AFFIRMATIVELY ENSURING THE EQUITABLE AWARD OF CONSTRUCTION SERVICES AGREEMENTS TO CERTIFIED M/WBE FIRMS. SCHOOL BOARD POLICY 6.143 REQUIRES THAT THE SCHOOL DISTRICT SHALL TAKE ALL NECESSARY, REASONABLE, AND LEGAL ACTION TO PREVENT DISCRIMINATION AND TO ENSURE THAT ALL BUSINESSES, INCLUDING M/WBE’s ARE AFFORDED MAXIMUM EQUITABLE OPPORTUNITY TO PARTICIPATE IN THE DISTRICT’S PURCHASING PROCESS. IN ACCORDANCE WITH THIS POLICY, THE INDUSTRY SPECIFIC REMEDIAL PROGRAM THAT IS BEING APPLIED TO THIS PROFESSIONAL SERVICES AGREEMENT IS DESCRIBED HEREIN IN SECTION 00090. For more information on the District’s M/WBE programs as well as a list of certified vendors go to www.palmbeach.k12.fl.us/mwbe LOBBYING: PROPOSERS ARE HEREBY ADVISED THAT LOBBYING IS NOT PERMITTED WITH ANY DISTRICT PERSONNEL OR BOARD MEMBERS RELATED TO OR INVOLVED WITH THIS RFP UNTIL THE ADMINISTRATION’S RECOMMENDATION FOR AWARD HAVE BEEN MADE PUBLIC THROUGH ELECTRONIC MEDIA (WEBSITE) OR BY EMAIL NOTIFICATION. ALL ORAL OR WRITTEN INQUIRIES MUST BE DIRECTED THROUGH THE CONSTRUCTION-PURCHASING DEPARTMENT. LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM, ASSOCIATION, JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND ALL OTHER GROUPS WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION OF A BOARD MEMBER OR DISTRICT PERSONNEL ON THE AWARD OF THIS CONTRACT. ANY PROPOSER OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF PROPOSER DURING THE TIME SPECIFIED BY THE SCHEDULE WILL RESULT IN REJECTION/DISQUALIFICATION OF SAID PROPOSAL. PROTEST PROCEEDINGS: ANY PROPOSERS WHO ARE ADVERSELY AFFECTED BY THE RECOMMENDED AWARD MAY FILE A PROTEST WITHIN THE TIME AND MANNER PRESCRIBED IN FLORIDA STATUTE 120.57(3). AT THE TIME OF FILING THE FORMAL PROTEST, A BOND MUST BE SECURED AS SPECIFIED IN FS255.0516, AND MADE PAYABLE TO THE DISTRICT. FAILURE TO FILE A BOND AT THE TIME OF FILING A PROTEST SHALL RESULT IN AN ADMINISTRATIVE DISMISSAL WITH PREJUDICE OF THE PROTEST. FAILURE TO FILE A PROTEST WITHIN THE TIME AND MANNER PRESCRIBED IN FLORIDA STATUTE 120.57(3), OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Arthur C. Johnson, PhD Superintendent Bill Graham, Chairperson

The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer.

http://www.palmbeach.k12.fl.us/Bids/purch/info/equity_coordinators.pdf

00030-2

SECTION 00040

GENERAL INFORMATION

ARTICLE 1

PROCUREMENT SCHEDULE

1.1 The School District will use the following time lines which will result in selection of qualified firms. Dates

are subject to change if necessary.

September 28, 2009 RFP available to vendors October 19, 2009 Cut-off date for questions and answers @ 2:00 p.m. October 21, 2009 Final Addendum will be issued

October 28, 2009 Proposals due no later than 2:00 p.m. November 5, 2009 Evaluation Committee Meeting** @ 1:00 p.m.

November 6, 2009 Posting Date December 16, 2009 Recommendations to School Board for contract award**

** OPEN TO PUBLIC ATTENDANCE.

ARTICLE 2

AWARD OF CONTRACTS

2.1 A recommendation may be made to the School Board for contract award to no more than the four (4) top

ranking Proposers established by the Evaluation Process specified in Section 00300. 2.2 The term of the contract will commence the day following award by the School Board and shall be for one

(1) year, with the option to renew for two (2) additional one (1) year periods based on favorable annual performance.

2.3 The School Board of Palm Beach County reserves the right to reject any or all offers or to accept any offers

which is in its best interest. The School Board also reserves the right to waive any informalities, irregularities and technicalities in procedure.

2.4 The School Board of Palm Beach County reserves the right, before awarding any contract, to require a firm

to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a proposer, including past performance with other governmen-tal/educational agencies. Proposers are advised that requests for additional information or site visitations are not to be construed as an indication that a proposer will receive or is in the best position to receive a contract award.

2.5 The School Board reserves the right to cancel the contract, or portions thereof, without penalty at any time.

ARTICLE 3

INSTRUCTIONS TO PROPOSERS

3.1 Proposals not conforming to the instructions provided herein may be subject to disqualification at the option

of the Owner.

3.2 Any questions concerning this Request For Proposal document shall be submitted in written form. Only questions submitted in writing shall be responded to by addendum. No questions may be submitted after the cut off for questions specified in Article 1, Procurement Schedule. All questions shall be submitted to:

Helen Stokes, Construction Purchasing Agent

Construction Purchasing Department 3661 Interstate Park Road North, Suite 209

Riviera Beach, FL 33404 stokesh@palmbeach.k12.fl.us phone: 561-882-1954

00040-1

Proposals will be received no later than 2:00 p.m., on October 28, 2009 at North County Services Center, Construction Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, FL 33404.

3.3 If a Proposal is transmitted by U.S. Mail or other delivery medium, the Proposer shall be responsible for its

timely delivery to the designated School District office. 3.4 Proposals received after the stated time and date will not be considered and will be returned unopened to

the Proposer. The official recording of time for receipt of proposals delivered will be the date/time stamp from the clock located in the Construction – Purchasing Department.

3.5 One (1) printed hard copy with original signatures bound with tabbed dividers separating each section.

Original hard copy shall not exceed a total of forty (40) pages, inclusive of any schedules, charts other illustrations. Each page shall be numbered consecutively, and shall not exceed 8 ½” x 11” in size. Each text page shall be printed in font 11 and have a minimum 1” margin and include the required responses specified by items 1-5 in Section 00300. An additional ten (10) sets on CD (PDF format, and bookmarked to the same specifications as the hard copy) of the proposal for each design project shall be submitted by the proposing firm. All sets will be clearly labeled “Proposal for Architect Services on Continuing Contract” with the Proposer’s Company Name, Project Name on the outside of each binder/on each CD label. If multiple proposals are being submitted, each must be packaged separately and presented as directed herein.

All Proposals shall be delivered to:

Helen Stokes, Construction Purchasing Agent

Construction Purchasing Department School District of Palm Beach County

3661 Interstate Park Road North, Suite 209 Riviera Beach, FL 33404

stokesh@palmbeach.k12.fl.us phone: 561-882-1954

3.6 Following submittal of the Proposal, firms shall not add or substitute Team members, including sub-consultants, unless approved by the Committee Administrator. Any change in the proposed Team shall be requested in writing to the Committee Administrator. The request shall include an explanation of the reason for the substitution and a resume with the background and experience of the substitute team member.

3.7 All Questions & Answers, in the form of addenda, as distributed by the Owner shall become part of the

Request for Proposal. Proposers shall include all addenda received, signed and acknowledged within their proposal submitted to the District. All proposers are recommended to contact the Construction Purchasing Department to ensure they have received all addenda prior to submittal of the proposal.

3.8 All Proposals should contain the following information, placed in separate tabbed sections of the Proposal.

Section 1

a) Letter of Interest signed by the principal of the proposing firm or their authorized Designee. b) Response Forms *(signed by a principal of the proposing firm or authorized designee.)

Required Forms: Proposal Response Form (Exhibit A) *

Public Entity Crime Certification (Exhibit B).

Required response forms must be submitted with the proposal otherwise the proposal may be declared non-responsive.

c) Drug Free Workplace Certification (Exhibit C) is not a required response form but should be

submitted in accordance with Section 287.087, Florida Statutes.

d) Certificate of Insurance demonstrating coverage as required by Section 00200 of the Request for Proposal.

00040-2

e) The Proposer shall provide to the School District a list of all instances within the past Ten years

of any complaints filed or pending against the Proposer in a legal or administrative proceeding alleging that the Proposer discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability against its subcontractors, vendors, suppliers, or commercial customers and a description of the status or resolution of each of such complaint, including any remedial action taken.

f) Addenda – submittal of a letter from the Proposer acknowledging addenda received.

Section 2

Response to the Evaluation criteria outlined in categories 1-5 of Section 00300, Evaluation Process. The response provided for each category should be tabbed separately.

3.9 Proposals (original CD’s) shall be sealed within a container (box, envelope, package, etc.) and labeled in a

prominent place on the exterior portion of the package as follows:

Firm Name - Request for Qualifications–ARCHITECTS ON CONTINUING CONTRACT

3.10 The Proposer shall have a place of business for contact by the School District during normal hours on

normal working days. An emergency phone number and the name of a responsible managing employee of the successful proposer shall be provided to the School District.

3.11 All costs incurred by Proposers, their employees and agents in preparing a response to this Request for

Proposal, in clarifying such response to the satisfaction of the Owner, in attending any pre-proposal conference or interview, in ascertaining the conditions of the site, in entering into a contract with the Owner or for any other reason shall be the sole responsibility of the Proposers and will not be paid or reimbursed by the Owner.

3.12 Upon request by the School Board, and upon filing of a complaint against the Architect pursuant to School

Board Policy 6.144 the Architect agrees to provide the Board, within sixty calendar days, a truthful and complete list of the names of all subconsultants, vendors, and suppliers that the Architect’s firm has used in the past five years on any of its contracts that were undertaken within the School Board of Palm Beach County relevant geographic market as defined in School Board Policy 6.143 including the total dollar amount paid by the Architect’s firm for each subcontract or supply contract. The Architect’s firm agrees to fully cooperate in any investigation conducted by the School Board pursuant to this Policy. The Architect’s firm understands and agrees that any violation of this clause is a material breach of contract and may result in contract termination, debarment, and other sanctions.

END OF SECTION

00040-3

SECTION 00050

GENERAL TERMS AND CONDITIONS 1.0 DEFINITIONS 1.1 All definitions set forth in the General Conditions of the Agreement between Owner and Architect, are

applicable to these Instructions to Proposers. 1.2 Proposal Documents include the Advertisement for Request for Proposal, Policies of the School Board,

Instructions to Proposers, General Terms and Conditions, and addenda issued prior to proposal opening (as applicable).

1.3 Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or

interpret the Proposal Documents, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Contract is executed.

2.0 PROPOSER'S REPRESENTATION 2.1 Each Proposer, by submitting a Proposal, represents that they have read and understand the Request for

Proposal document. 2.2 Each Proposer, by submitting a Proposal, represents that they have familiarized themselves with the local

conditions under which the Work is to be performed. 3.0 PROPOSAL PROCEDURES 3.1 Proposals shall be prepared using the forms contained in this RFP and submitted in accordance with

Section 00040 Instructions to Proposers and Section 00050 General Terms and Conditions. 3.2 A Proposal is invalid if it has not been deposited at the designated location prior to the time and date for

receipt of Proposals indicated in the Advertisement for Request for Proposal, or prior to any extension thereof issued to the Proposers.

3.3 Prior to the receipt of Proposals, Addenda will be mailed or delivered to each qualified Proposer recorded

by the Owner as having received the Proposal Documents and will be available for inspection wherever the Proposal Documents are kept available for that purpose. Addenda issued after receipt of Proposals will be mailed or delivered only to the selected Proposer.

3.4 Preparation and Submission of Proposal Form:

a) Each Proposer shall use Proposal Forms contained in this RFP where indicated. Any erasures or other corrections in the proposal shall be explained or noted over the signature of the Proposer. Proposals containing any conditions, omissions, unexplained erasures, alternates, items not called for or irregularities of any kind may be rejected by the Owner.

b) Each Proposal shall give, on the required document, the full business address of the Proposer, and state whether he is an individual, corporation or partnership. Proposals by a corporation must be signed with the legal name of the corporation followed by the name of the state of its incorporation and by the manual signature and designation of an officer, owner, or other person, authorized to bind the corporation.

Proposals by partnerships shall show the names of all partners and shall be signed in the partnership name by one of the partners or by an authorized representative. In either case, the partnership signature shall be followed by the manual signature and designation of the person signing.

00050-1

c) In every case, the name of the person signing, and his designation, shall be typed or printed below his signature. A Proposal by a person who affixes to his signature the word "President", "Secretary", "Owner" or other designation without disclosing his principal may be held to be the Proposal of the individual so signing. Satisfactory evidence of the authority of an officer, owner, attorney, or other person signing for a corporation and for an owner, attorney, etc., signing for a partnership or an individual shall be furnished.

3.5 Proposal Modification: Proposal Modifications will be accepted from Proposers if addressed to the

Owners, at the place where Proposals are to be received, and if received prior to the closing time for the receipt of Proposals. Modifications shall be in writing. The requirements set forth in paragraph 3.4(c) pertaining to a signature on Proposals shall be applicable to the signatures on Proposal modifications. Modifications will be read by the Owner prior to opening formal Proposals.

3.6 Withdrawal of Proposals: Proposals may be withdrawn on written request received from Proposers prior to

the time fixed for Phase I Evaluation. Such request shall be properly signed in accordance with the requirements pertaining to signatures contained in paragraph 3.4(c). Negligence on the part of the Proposer in preparing the Proposal confers no right for withdrawal of the Proposal after it has been opened.

3.7 Familiarity with Laws: The Proposer is assumed to be familiar with all Federal, State and Local Laws,

Ordinances, Rules and Regulations, that in any manner affect the Work. Public Contracting and Purchasing Process Florida Statute, Sections 235.01 et seq. 287.132-.133 (Public Entity Crimes) is applicable and Florida Department of Education, Office of Educational Facilities, Florida Building Code (FBC), Florida Accessibility Codes and District Master Specifications. Ignorance on the part of the Proposer will in no way relieve them from responsibility.

3.8 Background Check and Fingerprinting: All non-instructional contractors (which includes, but is not

limited to all employees of the Architect and all of its Subconsultants, vendors, individuals, other entities, etc.) under contract with the School Board (or who receives remuneration for services performed for the School District or a school) who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. All contractual personnel agree to undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all employees and subcontractors of the organization who meet any of the above conditions submit to a background check, including fingerprinting by the School Board’s Police Department, at the sole cost of the Architect. Architect personnel shall not begin providing services contemplated by the Contract until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of the Architect (or discontinuation of Architect Services) on the basis of these compliance obligations. Architect agrees that neither the Architect, nor any employee, agent nor representative of the Architect who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be employed in the performance of this Contract. All exceptions to certain fingerprinting and criminal history checks pursuant to Section 1012.468, Florida Statutes (2007) shall apply.

3.9 Mandatory Nondiscrimination: The Architect shall not discriminate on the basis of race, gender, gender

identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subconsultants, vendors, suppliers, or commercial customers. Architect shall provide equal opportunity for subconsultants to participate in all of its public sector and private sector subconsulting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in Palm Beach County School Board Policy 6.143. Architect understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions.

3.10 Commercial Nondiscrimination: It is the policy of the School Board of Palm Beach County not to accept

bids or proposals from, nor to engage in business with, any firm that has discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business.

00050-2

If applicable, the Bidder or Proposer will submit with their bid or proposal the information to comply with the paragraph below:

3.11 Proposal Requirements: As part of its proposal, Proposer shall provide to the School District a list of all

instances within the past ten years where a complaint was filed or pending against Proposer in a legal or administrative proceeding alleging that Proposer discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against its subconsultants, vendors, suppliers, or commercial customers, and a description of the status or resolution of each such complaint, including any remedial action taken.

3.12 Contract Disclosure Requirements: Upon the School District's request, and upon the filing of a complaint against Architect pursuant to Palm Beach County School Board Policy 6.144, Architect agrees to provide the School District, within sixty calendar days, a truthful and complete list of the names of all subconsultants, vendors, and suppliers that Architect has used in the past five years on any of its contracts that were undertaken within the Palm Beach County School District relevant geographic market as defined in Palm Beach County School Board Policy 6.143, including the total dollar amount paid by Architect for each subcontract or supply contract. Architect agrees to fully cooperate in any investigation conducted by the School District pursuant to this Policy. Architect understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions.

4.0 REJECTION OF PROPOSALS 4.1 The Proposer acknowledges the right of the Owner to reject any or all Proposals and to waive any

informality or irregularity in any Proposal received. In addition, the Proposer recognizes the right of the Owner to reject a Proposal if the Proposer failed to furnish any required Proposal security, or to submit the data required by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to reject the Proposal of a Proposer who is not in a position to perform the Contract; and to re-advertise for other or further Proposals or to accept the next responsive Proposal.

5.0 SUBMISSION OF PRE—BOARD INFORMATION 5.1 The selected Proposer(s) shall, within five (5) Owner business days after notification of the intended

Award, Submit the following:

a) Beneficial Interest and Disclosure of Ownership Affidavit, Exhibit G

The selected Proposer shall, within ten (10) days prior to Board Award, submit the following:

a) The Architect’s Certificates of Insurance 1. Auto 2. General Liability 3. Worker’s Compensation 4. Professional Liability

b) License to conduct business in the State of Florida

6.0 PROPOSAL PROTEST PROCEDURES 6.1 The Owner shall provide notice of its decision or intended decision concerning a Request For Proposal or

an Award as follows: Notice of a decision or intended decision shall be given either by posting the Tabulation at the Construction

Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, Florida, 33404, or on the website: www:palmbeach.k12.fl.us/bids/construction.

The notice required by this paragraph shall contain the following statement: “Failure to file a protest within

the time prescribed in 120.57(5)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”

00050-3

6.2 “The Advertisement for Request For Proposal” and the “Request for Proposal Documents” will be available for review in the office of Construction Purchasing at the time of the solicitation. Any person who is affected adversely with respect to the Request for Proposal Documents shall file a notice of protest in writing within seventy-two (72) hours after the receipt of the Request for Proposal Documents, and SHALL FILE A FORMAL WRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120 et seq Florida Statutes. All Notices of Protest and Formal Written Protests shall be submitted to:

Sharon Swan, Director of Purchasing 3300 Forest Hill Blvd., Suite A323

West Palm Beach, FL 33406. 6.3 Any person who is affected adversely by the Owner decision or intended decision shall file with the Owner

a notice of protest in writing within seventy-two (72) hours after the posting of the Tabulation or after receipt of the notice of the Owner decision or intended decision, and SHALL FILE A FORMAL WRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120 Florida Statutes. The Tabulation with recommended award will be posted for review by interested parties in the Construction Purchasing Department and will remain posted for a period of 72 hours.

6.3.1 In accordance with F.S. 255.0516 “Bid Protests by Educational Boards”, with respect to state contracts and

bids, pursuant to competitive bidding, whether under Chapter 235 Florida Statutes, relating to educational facilities, or under this chapter, relating to public buildings, if a school board, a community college board of trustees, or the Board of Regents uses procedures pursuant to Chapter 120 Florida Statutes for bid protests, the board will require the protestor to post a bond at the time of filing the written protest amounting to:

(1) Twenty-five thousand dollars or 1 percent of the advertised budget for construction,

whichever is greater, for projects valued over $500,000; and

(2) Five percent of the lowest accepted bid for all other projects.

6.4 Upon receipt of a Notice of Protest which has been timely filed, the Owner shall stop the Solicitation process or the Award process until the subject of the protest is resolved by final Owner action, unless the Owner sets forth in writing particular facts and circumstances which require the continuance of the 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.

6.5 The Owner, on its own initiative or upon the request of a protestor, shall provide an opportunity to resolve

the protest by mutual agreement between the parties within seven (7) days of receipt of a formal written protest.

6.5.1 If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal

written protest and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to Florida Statute 120.57(2). If the hearing is not requested in the Notice of Bid Protest, it shall be waived. The informal hearing shall be conducted in the presence of the Director of Purchasing, as the Superintendent’s designee, the legal staff, and any other witnesses deemed appropriate. The protesting party may be present with assistance of counsel and any witnesses they deem appropriate, however, failure to have counsel or witnesses present shall not invalidate the hearing.

7.0 LOBBYING 7.1 Proposers are hereby advised that lobbying is not permitted with any District personnel or Board members

related to or involved with this RFP until the administration’s recommendation for award has been made public by email (see 6.1). All oral or written inquiries must be directed through the Construction – Purchasing Department.

00050-4

7.2 Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership,

syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personnel on the award of a contract.

7.3 All issues and or questions regarding a project need not to be addressed and resolved through the

Construction – Purchasing Department. There shall be no communication between Committee Members, their staff and the prospective Proposers. Committee Members will not be allowed to meet separately and discuss the project.

7.4 Any proposer who is adversely affected by the recommended award may address the School Board at a

regularly scheduled Board meeting.

7.5 Any proposer or any individuals that lobby on behalf of proposer during the time specified will result in rejection/disqualification of said proposal.

END OF SECTION

00050-5

SECTION 00090

M/WBE PARTICIPATION REQUIREMENTS 1.0 DEFINITIONS 1.1 The following terms shall have the listed meanings (the definitions shall not apply outside of this Article

where inconsistent with those listed elsewhere in the Proposal Documents). 1.2 Architect: An individual, firm, partnership, corporation or combination thereof submitting a proposal for

the work as designer and engineer.

1.3 A Sub-Consultant is a person or entity who has a direct contract with the Architect to perform a portion of the Work.

1.4 Minority Business Enterprise (MBE or M/WBE): Any business firm that is certified by the District’s

Office of Diversity in Business Practices (ODBP) as being at least 51% owned, managed, and controlled by one or more minority persons. In this instance, minority group members are citizens of the United States or lawfully admitted permanent residents who are: African Americans, Hispanic Americans, Native Americans, and American Women as defined in School Board Policy 6.143 (3)(w)(i), (ii), (iv), and (v);

Employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth

of not more than five million dollars ($5 million) or any firm based in this state which has a Small Business Administration 8(a) certification (and as applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments); and has at least 51% minority ownership, daily management, and control of the business; and is domiciled in the Palm Beach County, Miami-Dade County, or Ft. Lauderdale metropolitan statistical areas (MSA), or is domiciled in the State of Florida and can demonstrate that it routinely bids on and/or performs contracts in Palm Beach County; and is lawfully organized to engage in commercial transactions.

However, ownership by a minority person does not include ownership resulting from a transfer from a non-

minority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds one million dollars ($1 million). For purposes of this definition, the term "related immediate family group" means one or more children under eighteen (18) years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. The Superintendent shall implement procedures for periodic re-certification and graduation of M/WBEs from M/WBE program eligibility.

1.5 M/WBE Vendor Directory: To aid Proposers in meeting the District’s M/WBE requirement a list of District

Certified vendors is available via the internet at www.palmbeach.k12.fl.us/mwbe. The M/WBE Vendor Directory is maintained by and available from the Office of Diversity in Business Practices. This list represents vendors certified only by the School Board of Palm Beach County as meeting the requirements for participation as a Certified M/WBE vendor as listed below. Vendors certified as M/WBE with any entity or agency other than the School District of Palm Beach County or the State of Florida Office of Supplier Diversity will not be acceptable. As the School District and the State issue certificates of certification the vendor should provide a copy of his/her current certificate for inclusion in the documentation.

1.6 M/WBE Participation Subcontracting: The minimum M/WBE Subconsultant participation established by

the School Board of Palm Beach County for this project, as stated in Section 00030. This goal is not rigid or inflexible and can be reasonably attained by means of applying every reasonable and sufficient effort to utilize M/WBE Subconsultants in the performance of Work under this Project and in accordance with the terms and requirements of this Article.

00090-1

1.7 Business Diversity Committee: A committee established under the auspices of the Office of Diversity in Business (ODBP) with the responsibility of reviewing the contract bid and RFP documents and determining the appropriate type and scope of industry-specific remedial programs to be applied to the contract. This committee is comprised of professional and senior-level representatives from the following departments of the School District:

a. Department of Purchasing; b. ODBP; c. Chief Operating Officer; d. Superintendent’s Designee; and e. The department responsible for letting the contract.

1.8 Director of Office of Diversity in Business Practices (ODBP): The Employee of the School Board of Palm

Beach County responsible for establishing procedures for monitoring and evaluating program performance and compliance.

1.9 Director of the Purchasing Department: An employee of the School Board of Palm Beach County, the

School Board's designated administrator of the Contract. 1.10 Senior Project Administrator: An employee of the School Board of Palm Beach County assigned to this project. 1.11 Certified M/WBE Sub-Consultant: A Sub-Consultant who is certified to do specific work under the M/WBE Proposers Participation Program if he/she meets all the following criteria:

a) He/She maintains an Occupational License establishing the company as an entity legally authorized to engage in construction in Palm Beach County;

b) He/She produces evidence of ownership, operation, control and management of the firm on

a daily basis;

c) He/She is an M/WBE Sub-Consultant as defined under paragraph 1.4 above and certified at the time the RFP is issued.

d) He/She can meet all requirements of Certification required by the School Board of Palm

Beach County and/or the State of Florida Office of Supplier Diversity prior to the award of contract under the M/WBE Architect Participation Program. Any pending application with the Palm Beach County School District or the State of Florida Office of Supplier Diversity shall not be considered as certification of the vendor submitting application for consideration as an M/WBE Firm. As described in School Board Policy 6.143, graduation from the School District of Palm Beach County M/WBE certification or denial of M/WBE certification by the School District of Palm Beach County shall void acceptance of certification by the State of Florida Office of Supplier Diversity or its successors. Inquiries regarding listings of the School District of Palm Beach County Minority/Women-owned Business Enterprises can be made to the Office of Diversity in Business Practices, 3300 Forest Hill Boulevard - Suite A-106, West Palm Beach, FL 33406, (561) 434-8508 or on our website: http:/www.palmbeach.k12.fl.us/mwbe

e) He/She has or is able to obtain any and all licenses and insurance required to do such work.

1.12 Utilization of M/WBE Subconsultants: Proposers Obligation: (1.) Ensure that Certified M/WBE

subconsultants as defined have the maximum opportunity to participate in the performance of the contract and to take all necessary and reasonable steps in accordance with this Provision to ensure that Certified M/WBE subconsultants have the maximum opportunity to compete for and perform contracts. (2.) To execute and submit documentation relative to the selection, reflecting participation and payment of the participation of M/WBE subconsultants and vendors.

00090-2

1.13 Failure to Comply: Every reasonable effort to utilize M/WBE subconsultants must be demonstrated to the School Board of Palm Beach County. Failure on the part of the Proposers to comply with the requirements of this Article shall be cause for finding the Proposers Non-responsive. In the event a proposal is deemed non-responsive, award may then be made to the next responsive Proposer, or all remaining proposals may be rejected and the project re-advertised.

2.0 INDUSTRY-SPECIFIC REMEDIAL REQUIREMENTS

2.1 The Goal Setting Committee has determined that the following M/WBE industry-specific remedial programs shall apply to this RFP and resulting contract:

a. Based upon availability analysis of data collected from registered bidders of the School District, it has been determined that School District of Palm Beach County certified M/WBE's have been significantly underutilized for professional services, therefore in an effort to remedy this situation the School District of Palm Beach County has established the project goal of awarding 50% of the work required by this RFP to School District of Palm Beach County certified M/WBE’s that are ready, willing and able to provide the type of work required to be performed under this contract. There is no certified M/WBE Sub-Consultant participation requirement established for this contract, however, as specified in Article 8, Paragraph 8.12 of the Agreement, certified M/WBE Sub-Consultant participation is strongly encouraged by the School Board.

b. M/WBE Evaluation Preference: An evaluation preference for School District of Palm Beach County or State of Florida Office of Supplier Diversity certified M/WBE participation described in Paragraph 1.5 herein in this Section is established for this contract. In the selection process for the award of this Professional Services Contract, the percentage of M/WBE participation proposed shall be considered by the evaluation committee members in awarding 35 out of a total of 165 available evaluation points for the criteria described in Category 5 “Proposer as a Certified M/WBE”.

END OF SECTION 00090-3

SECTION 00200

INSURANCE REQUIREMENTS 1.0 INSURANCE REQUIREMENTS: 1.1 Proof of the following insurance will be furnished by the awarded proposers to the School District of Palm

Beach County by Certificate of Insurance on an ACORD FORM. When applicable, THE SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR GENERAL LIABILITY AND AUTOMOBILE. All insurance must be issued by a company or companies approved by the School District.

1.2 Certificates of Insurance meeting the specific required provision within this contract shall be forwarded to

the School District of Palm Beach County Purchasing Department, ATTN: Construction Purchasing Department, North County Service Center 3661 Interstate Park Road North, Ste. 200, Riviera Beach, FL 33404 prior to the start of any work. Renewal certificates must be forwarded to the same address prior to the policy renewal date.

1.3 Ten (10) days written notice must be provided to the Palm Beach County School District via certified mail

in the event of cancellation. The notice must be sent to the Construction Purchasing Department. 1.4 The awarded bidders shall provide complete copies of any insurance policy for required coverage within

seven days of the date of requested by the Purchasing Department but in any respect at least 30 days prior to the commencement of any term if requested

A. WORKERS’ COMPENDATION: Proposer(s) must comply with FSS 440, Workers’ Compensation

and Employees’ Liability Insurance with minimum statutory limits.

B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, for the life of this contract, Commercial General Liability Insurance. This policy shall provide coverage for death, bodily injury, personal injury, or property damage that could arise directly or indirectly from the performance of this agreement. It must be an occurrence form policy.

The minimum limits of coverage shall be $100,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability.

C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for the life of the contract, Business Automobile Liability Insurance.

The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an “Any Auto” or “Comprehensive Form” policy. The insurance must be an occurrence form policy. In the event the contractor does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the contractor indicating the following: _______________ (Company Name) does not own any vehicles. In the event we acquire any vehicles throughout the term of this contract/agreement, _______________ (Company Name) agrees to purchase “Any Auto” or “Comprehensive Form” coverage as of the date of acquisition.

00200-1

D. PROFESSIONAL RESPONSIBILITY: As a part of Basic Services, the Architect shall, throughout the period covered by this Agreement, carry Professional Responsibility Insurance for their design practice. The Architect shall maintain said insurance in an amount not less than $1,000,000. Not withstanding the deductible amount, the ARCHITECTS remains liable to the Owner for any damages. The Architect shall deliver the “Certificate of Insurance” within ten (10) days of the execution of this Agreement, demonstrating that the required coverage is bound by an Insurance Company B+ V or higher rated approved by the Insurance Commission to do business in the State of Florida. Said certificate shall also provide ten days (10) prior written cancellation notice or any other change to the Owner. The policy shall include a discovery period for reporting claims of not less than thirty (36) months from the completion of services and include all members of the design team within the scope of professional liability coverage for the amounts outlined below.

1.5 INDEMNIFICATION / HOLD HARMLESS AGREEMENT: 1.6 Awarded proposers shall, in addition to any other obligation indemnify the School District of Palm Beach

County and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School District, their agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged;

A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the

loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or

B. violation of law, statue, ordinance, governmental administration order, rule or regulation by contractor

in the performance of the work; or

C. liens, claims or actions made by the contractor or any subcontractor or other party performing the work.

END OF SECTION

00200-2

SECTION 00300

EVALUATION PROCESS

GENERAL OVERVIEW The purpose of the Evaluation Process is to equitably judge each proposal submitted in response to the requirements specified by the Request for Proposal. Each responsive proposal will be evaluated by the Selection Committee using the process outlined herein. Final award is subject to approval by the School Board of Palm Beach County. All issues and questions regarding this project shall be addressed through the Construction – Purchasing Department. There shall be no communication between Selection Committee Members or their Staff and the Proposers or their Sub-Consultants regarding this solicitation. Selection Committee Members are not allowed to meet separately and discuss the project or contents of the proposals. The Selection Committee meeting will be scheduled in accordance with F.S. 286.011 and held at the North County Service Center at 3661 Interstate Park Road North, Riviera Beach, FL 33404. EVALUATION PROCESS The evaluation of proposals shall be a one phase process to establish the ranking order of the proposers. The selection Committee shall evaluate all responsive proposals to establish the final ranking order of all proposers. The one phase evaluation process is divided into categories. Each Committee Member shall award points for each category based upon their assessment of the Proposers response to the requirements of the criteria described in each category. The points indicated as Points Possible are the maximum that may be awarded for each category. As specified in the criteria, the point award for certain categories shall be established and/or verified by Construction Purchasing or The Office of Diversity in Business Practices. The points awarded for all categories shall be tabulated on a Tabulation Form to achieve the Total Points awarded to each Proposer. The Tabulation Form shall be the basis for determining the ranking order of the Proposers. The Total Points awarded to each Proposer will be ranked 1,2,3,4, etc. with the highest point total ranked 1, the next highest point total ranked 2, etc. A ranking of 1 is equal to 1 point; a ranking of 2 is equal to 2 points, etc. The ranking points of each Proposer will be tabulated from each Committee Member. The Proposer with the lowest total of ranking points will be #1, the next lowest will be #2, etc. EVALUATION CATEGORIES CATEGORY 1- EXPERIENCE OF THE FIRM’S PERSONNEL…………………....40 POINTS POSSIBLE Proposers shall demonstrate the applicability of the experience of the firm’s personnel that will be assigned to this work. Experience shall emphasize K-12 school design in the State of Florida or with similar scope. Proposers shall demonstrate that their personnel have experience designing educational facilities or other projects with LEED requirements. CATEGORY 2-APPLICABILITY OF EXPERIENCE…………..…………………….70 POINTS POSSIBLE Proposers shall demonstrate similar project experience with K-12 school design in the State of Florida, or with similar scope. Proposers should submit not less than five (5) projects and may provide letters of recommendation. They shall also demonstrate that they have experience with the requirements set forth by the Department of Education, Florida Building Code, Florida Accessibility Codes, and other applicable requirements such as District Educational Specifications, Master Specifications and Design Criteria.

00300-1

CATEGORY 3-THREE LETTERS OF RECOMMENDATION/EVALUATIONS.…10 POINTS POSSIBLE The Proposer shall provide a minimum of three (3) letters of recommendation and/or evaluations of previous Palm Beach County School District or other School District or public agency project work similar to the Scope of Work identified in this RFP. These letters/evaluations should be provided by the agency for which the work was completed, be dated no more than three (3) years past the publish date of this RFP and clearly demonstrate timeliness in completing projects and staying within the defined budget for these services. CATEGORY 4-CAPABILITY AND CAPACITY…………………….…………..……..10 POINTS POSSIBLE The Proposer should demonstrate its ability and capacity to timely complete the work. Please list personnel available to complete the work in the form of a chart or bar graph. CATEGORY 5-PROPOSER AS A CERTIFIED M/WBE ………………………..……35 POINTS POSSIBLE Only a Proposer certified by the School District of Palm Beach County Office of Diversity in Business Practices or the State of Florida Office of Supplier Diversity or it’s successors as African American, Native American, Hispanic or Woman Owned M/WBE firms shall be awarded points. As described in School Board Policy 6.143, graduation from the School District of Palm Beach County M/WBE certification or denial of M/WBE certification by the School District of Palm Beach County shall void certification by the State of Florida Office of Supplier Diversity or its successors. A copy of the Proposer’s current M/WBE Certification shall be submitted in the Proposers response to satisfy the requirement for this Category. The School District of Palm Beach County Office of Diversity in Business Practices shall validate the Proposer’s certification. Validation of the Proposer’s Certification shall result in award of all 35 Points Possible; otherwise, the point award shall be zero.

END OF SECTION

00300-2

EXHIBIT A

PROPOSAL RESPONSE FORM PROJECT NAME: ARCHITECTS ON CONTINUING CONTRACT This proposal must be submitted to the School District of Palm Beach County, Construction Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, Florida, 33404, no later than 2:00 PM on October 28, 2009 and plainly marked. Proposals are due and will be opened at this time.

Anti-Collusion Statement/Public Domain I, the undersigned proposer have not divulged, discussed or compared this proposal with any other proposers and have not colluded with any other proposer of this proposal in order to gain unfair advantage in the award of this proposal. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, Florida Statutes.

Proposal Certification:

I hereby certify that I am submitting the following information as my company's proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify full, complete and unconditional acceptance of the contents of this Request for Qualifications, and all appendices and the contents of any Addendum released hereto. PROPOSER (firm name): ____________________________________________________________ STREET ADDRESS: __________________________________________________________________ CITY/STATE/ZIP: _____________________________________________________________________ PRINT NAME OF AUTHORIZED REPRESENTATIVE: _____________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE: ______________________________________ TITLE: ____________________________________ DATE:_____________________________________ CONTACT PERSON: ____________________________________________________________________ CONTACT PERSON'S ADDRESS: ________________________________________________________ TELEPHONE: ___________________ FAX: ________________ TOLL FREE: ____________________ INTERNET E-MAIL ADDRESS: __________________________________________________________ PROPOSER TAX PAYER IDENTIFICATION NUMBER: ____________________________________ NOTE: Entries must be completed in ink or typewritten. An original manual signature is required Submit this form with your proposal.

EXHIBIT B

PUBLIC ENTITY CRIME CERTIFICATION PROJECT NAME: ARCHITECTS ON CONTINUING CONTRACT THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to: _________ (print name of public entity)

By ________________________________________________ (print individual's name and title)

for ___ (print name of entity submitting sworn statement)

whose business address is ___

___

and (if applicable) its Federal Employer Identification Number (FEIN) is:

(If entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: _________________________________________________ 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 of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

3. I understand 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, non-jury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. 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 officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an 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 for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a "person" as defined in Paragraph 287.133(1)(e), 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 into a binding contract and which submits proposals or applies to submit a proposal 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, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity

submitting this sworn statement. (Please indicate which statement applies.)

_____Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to September 1, 1990.

_____The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, 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 September 1, 1990.

_____The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, 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 September 1, 1990. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings 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 DIRECTOR OF THE PURCHASING DEPARTMENT 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 IT 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 OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

______________________________________________ (signature)

Sworn to and subscribed before me this _____________ day of, _____________ 20__. Such Person(s): (Notary Public must check applicable box): [ ] is/are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification. Notary Public - State of ___________________ ______________________________My commission expires _____________________________ (Type of identification)

___ _____________________________ (Printed typed or stamped commissioned name of notary public)

EXHIBIT C

DRUG FREE WORKPLACE CERTIFICATION

PROJECT NAME: ARCHITECTS ON CONTINUING CONTRACT Preference will be given to Proposers submitting a certification with their proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and became effective January 1, 1991. The special condition is as follows: IDENTICAL TIE PROPOSALS - preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to meeting the RFP criteria are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it had implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied proposals have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a

drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities of contractual services that are under the

proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the

commodities or contractual services that are under the proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statutes, Chapter 893.01 et seq. or of any controlled substance law of the United States or any state, for violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation

program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this

section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

COMPANY NAME

SIGNATURE

Shall be executed and returned with Proposal

EXHIBIT D

SAMPLE AGREEMENT BOARD DATE: TBD

AGENDA ITEM: TBD

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH ATTORNEY IS ENCOURAGED

WITH RESPECT TO ITS COMPLETION OR MODIFICATION

AGREEMENT

Made as of the________day of _________in the year Two Thousand and Nine. Between the Owner: THE SCHOOL BOARD OF PALM BEACH COUNTY 3300 Forest Hill Boulevard, Suite A-323

West Palm Beach, FL 33406-5869 And the Architect: TBD Address City, State, Zip Phone: For the following: ARCHITECTS ON CONTINUING CONTRACT

CONTRACT DOCUMENTS

The Contract Documents shall consist of the Standard Form Agreement Between Owner and Architect, Request for Proposal Document including all addendums and exhibits completed by the Architect, Proposals in response to the Requests for Proposal Documents, project specific Scope of Work, Project Specific Short Form Agreement, Project Specific Drawings, Project Specific Specifications, and current District Design Criteria, current District Master Specifications.

SCOPE OF WORK The Scope of Work for Architects on Continuing Contract shall be provided on a project specific basis as defined by the Owner in a project specific Short Form Agreement which is hereby incorporated herein. Continuing Contract services shall be based on Florida Statute (F.S.) 287.055(g) ”…whereby the firm provides professional services to the Owner for projects in which construction costs do not exceed $1,000,000.00, for study activity when the fee for such professional service does not exceed $50,000.00, or for work of a specified nature as outline in the contract required by the agency, with no time limitation except that the contract must provide a termination clause.”

TERM OF CONTRACT This Agreement represents a Continuing Contract for a period of one (1) year from the date of award with the option to renew for two (2) additional one (1) year periods based on favorable annual performance.

ARTICLE 1

ARCHITECT'S RESPONSIBILITIES

1.1 ARCHITECT’S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect’s employees and Architect's Sub-Consultant as enumerated in Article 2 of this Agreement and any other services included in Article 10. 1.1.2. The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's approval, a schedule for the performance of the Architect's services. The schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. The schedule, approved by the Owner, shall not be extended by the Architect without prior notice and written approval of the Owner. 1.1.3. The Architect and his Sub-Consultants, subcontractors, agents, employees and officers shall promptly, upon notice or discovery, during any phase of the Project, make necessary revisions or corrections of errors, ambiguities or omissions in their work without additional compensation or expense to the Owner. 1.1.4. The Architect shall comply with written directives and memoranda issued by the Owner. 1.1.5. It is understood between the parties that, under conditions where the Owner deems it beneficial to the project, the Architect may be working in coordination and cooperation with other Architects who will be employed independently by the Owner and responsible to the Owner for their work and the performance of their respective agreements with the Owner. The Architects and his Sub-Consultants shall cooperate with the Owner and other Architects. 1.1.6 The Architect shall prepare all Project Documents (Bidding Documents and Contract Modification Documents) in accordance with the Florida Building Code (FBC) and the Florida Fire Prevention Code [FFPC], in effect at the time of the execution of this Agreement, as well as any changes in the codes during the term of this Agreement. 1.1.7 The Architect shall ensure that the work completed complies with the requirements of law and all applicable rules, regulations and codes including, but not limited to, the School Board Policies, District Design Criteria [DDC], and District Master Specifications [DMS], F.A.C., State Board of Educations Regulations. 1.1.8 Sub-Consultants, registered in the State of Florida and acceptable to the Architect and the Owner, shall be retained by the Architect, at their expense, to certify the appropriate discipline involved (i.e. structural, material testing, survey data, soils engineering, etc). The Architect shall require Sub-Consultant participation in all such phases of the Architect's services and shall require the Engineer to be professionally responsible for their respective Engineering services. The Architect shall specifically require the Engineer to visit the Work under construction as often as necessary, to keep informed as to the progress and quality of the Work and to guard against defects and deficiencies in the construction of the Work for which such Engineer is responsible. Use of Engineers does not in any way alter the Architect's obligations to the Owner. 1.1.9. In addition to any other duties of inspection or observation, the Owner can require the Architect, appropriate Engineer or any other Sub-Consultant to visit the job site for purposes consistent with this Agreement. 1.1.10 The Architect shall attend all meetings of the School Board as required in fulfillment of this document.

ARTICLE 2

SCOPE OF ARCHITECT'S BASIC SERVICES

2.1 The Architect's Basic Services consist of those described herein and any other services identified in Article 10 as part of Basic Services. 2.2 The duties, responsibilities and limitations of authority of the Architect’s shall not be restricted, modified or extended without written agreement of the Owner. 2.3 The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.4 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.5 The Architect shall at all times have access to the Work wherever it is in preparation or progress.

ARTICLE 3

OWNER'S RESPONSIBILITY 3.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expend ability, special equipment, and system and site requirements. 3.2 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 3.3 The Owner shall designate representative(s) authorized to act on the Owner's behalf with respect to the Project and this Agreement. The Owner or such authorized representatives shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 3.4 The Owner shall furnish survey data describing physical characteristics, legal limitations and utility locations for the site of the Project, and/or a written legal description of the site. The surveys and legal information may 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 pertaining 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, readily available, shall be provided to the Architect to complete the work. 3.5 The Owner shall furnish all accounting, auditing and insurance counseling services the Owner may require for the Project. 3.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the contract Documents. 3.7 The proposed language of certificates or certifications required of the Architect or its Subconsultants shall be submitted to the Architect for review and approval at least five (5) days prior to execution.3.8 The Owner shall pay filing fees for documents submitted for review and approval.

ARTICLE 4

INDEMNIFICATION

4.1To the fullest extent permitted by law, the Architect shall defend, indemnify and hold harmless the Owner, and its employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property including the loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Architect, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 4.1. 4.2 In claim against any person or entity indemnified under Paragraph 4.1 by an employee of the Architect, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 4.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Architect or any Sub-Consultant under worker’s or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 4.3 The obligations of the Architect under Paragraph 4.1 shall not extend to the liability of the Architect, the Architect’s Sub-Consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or failure to give directions or instructions by the, the Architect’s, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 4.4 The purchase of insurance by the Architect with respect to the obligations required herein shall in no event be construed as fulfillments or discharge of such obligations. 4.5 None of the foregoing provisions shall deprive the Owner or the Architect of any action, right or remedy otherwise available to them or any of them by common law. 4.6 In the event that any party is requested but wrongfully refuses to honor the indemnity obligations hereunder, then the party indemnifying shall, in addition to all other obligations, pay the cost of bringing any such action, including without limitation, attorney’s fees.

ARTICLE 5

USE OF THE ARCHITECT’S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS

5.1 The drawings, specifications and other documents prepared by the Architect are instruments of the Architect's service for use solely with respect to the individual projects under this agreement and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's drawings, specifications and other documents for information and reference in connection with the Owner's use, occupancy and future additions and remodeling. The Architect’s drawings, specifications or other documents maybe used by the Owner, for additions to this Project or for completion of this Project. Any use by Owner without Architect written consent shall be at the Owner’s sole and exclusive risk. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project should not be construed as publication in derogation of the Architect’s reserved rights.

ARTICLE 6

LITIGATION 6.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement, or any breach thereof, shall be decided in a court of law, with exclusive venue of such actions in the state court sitting in Palm Beach County, Florida, except as may otherwise be determined by the Owner not withstanding the foregoing, prior to instituting litigation, the parties may submit the dispute to non-binding mediation in Palm Beach County, Florida.

ARTICLE 7

TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If any individual Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect’s compensation shall be adjusted by the Owner to provide for reasonable expenses incurred in the interruption and resumption of the Architect’s services. 7.3 This Agreement may be terminated by the Owner upon not less than seven (7) days written notice to the Architect in the event that the Project is permanently abandoned. If any individual Project is abandoned by the Owner for more that 180 consecutive days, the Architect may terminate this Agreement by giving written notice. 7.4 This Agreement may be terminated by the Owner for convenience at any time. The amount due and owing the Architect shall be fees for services rendered up to the effective date of termination together with reimbursable. However, the Architect shall not be entitled to lost profits for uncompleted work. 7.5 The Owner has the right to require the Architect to remove any Project Team Member from the Owner's project.

ARTICLE 8

MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Florida. 8.2 Owner and Architect waive all rights against each other and against the contractors, Sub-Consultants, agents and employees of the other damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the "General Conditions of the Contract for Construction" (00700). The Owner and Architect each shall require similar waivers from their contractors, Sub-Consultants and agents. 8.3 Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, success, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Architect shall not assign this Agreement without the written consent of the Owner, which consent may not be unreasonably withheld. 8.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.5 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 Owner or the Architect. 8.6 Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architects promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the

Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the project. 8.7 This Agreement shall comply with the provisions of the "Architect's Competitive Negotiation's Act", Section 287.055, Florida Statutes, as amended. If the total paid to the Architect and its Project Architects exceeds $60,000.00, the following provisions shall apply: a. The Architect shall execute, and furnish to the Owner, a "Truth-In-Negotiation Certificate" stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. b. The original Contract Price, and any additions, hereto, shall be adjusted to exclude any significant sums when the Owner determines the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and/or other factual costs. Such Contract adjustments shall be made within one (1) year following end of contract. c. The Architect warrants not to employ or retain any company or person, other than a bonafide employee working solely for the Architect, Registered Land surveyor or Professional Engineer, to solicit or secure this Agreement, and that he has not paid, or agreed to pay, any person, company or corporation, individual or firm, other than a bona fide employee working solely for the Architect, Registered Land Surveyor, Landscape Architect or Professional Engineer, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from, the award or making of this Agreement. 8.8 The Owner reserves the right to unilaterally set off from any request for payment such amounts for the Architect’s errors and omissions, as determined by the Owner, after meeting with the Architect. The Architect shall retain all rights to assert a claim to recover any amount so withheld. The Architect recognizes that this right of offset is a material inducement to the Owner entering into this Agreement. Withholding any monies herein shall not be deemed a default by the Owner under this Agreement. 8.9 If any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction, then said provision shall be deemed stricken from said Agreement as if it never existed; however, all other terms and conditions shall remain enforceable and all other provisions in accordance with this Agreement. 8.10 This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 8.11 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the “Final Certificate for Payment” for acts or failures to act occurring after Substantial Completion, unless otherwise provided by law. 8.12 The School Board encourages participation by Minority/Women Business Enterprise (M/WBE) firms. The School Board encourages Architects to provide participation by M/WBE’s as Sub-Consultants or joint ventures for procurement of contractual services with the School Board. 8.13 All individuals who are permitted access on school grounds when students are present, individuals who will have direct contact with children or any student of the School District, or who will have access to or control of school funds must be fingerprinted and background checked. Vendor agrees to have all such personnel undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all individuals in the organization who meet any of the conditions to submit to a background check, including fingerprinting by the School District’s Police Department at the sole cost of the Vendor. If Vendor can demonstrate to the Purchasing Department that it is not practicable to have the fingerprinting done by the School District’s Police Department, Vendor will be permitted to have the fingerprinting and clearance completed by another appropriate agency, with the report of the results to be immediately transmitted to the School District’s Police Department which shall be the sole determiner of clearance. Vendor shall not begin providing services contemplated by this Agreement until Vendor receives notice of clearance by the School District. The School

Board, nor its members, officers, employees, or agents, shall not be liable under any legal theory for any kind of claim whatsoever for the rejection of Vendor (or discontinuation of Vendor’s services) on the basis of these compliance obligations. Vendor agrees that neither he, nor any employee, agent or representative of the Vendor who has been convicted or who is currently under investigation for a crime delineated in Florida Statutes § 435.04 will be employed in the performance of this contract.

ARTICLE 9

PAYMENTS TO THE ARCHITECT

9.0 FEE SCHEDULE 9.1.1 The Fee Schedule is defined as the maximum rate per hour or task for which services can be billed to the Owner. These listed fees are full compensation for the Architect’s direct personnel expenses, mandatory and customary contribution, overhead costs, project costs and profit. (Exhibit F - Fee Schedule) 9.2 REIMBURSABLE EXPENSES 9.2.1 Reimbursable Expenses are those expenses in addition to those provided for as Basic or Additional Services outlined in Articles 2 and 10 and include expenses incurred by the Architect and the Architect's employees and Sub-Consultants in the interest of the Project, as identified in the following clauses. Those reimbursable expenses, allowed by the Owner, shall be in addition to those required with Basic Services. 9.2.1.1 Expenses in connection with authorized out-of-county travel and long-distance communications. All expenses herein shall be reasonable and subject to the Owner's approval. Local travel shall not be billed as a reimbursable expense. 9.2.1.2 Reasonable expenses for reproductions, postage, shipping and handling of drawings, specifications and other documents. 9.2.1.3 Expense of overtime work, if authorized in advance by the Owner in writing. 9.2.1.4 Expense of additional insurance coverage or limits, including Professional Liability Insurance, requested by the Owner in excess of that required in Article 11. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 An initial payment as set forth in Paragraph 10.1 is the minimum payment under this Agreement. 9.3.2 Subsequent payments for Basic Services shall be made and mailed monthly. 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect and of reimbursable Expenses shall be made monthly upon presentation of the Architect’s statement of services rendered or expenses incurred and in accordance with supporting backup documentation. 9.5 ARCHITECT'S ACCOUNTING RECORDS 9.5.1 Records of reimbursable expenses, beyond those provided for in Basic or Additional Services, shall be submitted to the Owner concurrent with such requests for payment. In addition, the Architect and its Sub-Consultants shall be required to provide documentation in the form attached as "Attachment “A” herein, or form acceptable to the Owner, and by this reference incorporated herein. 9.5.2 Architects and Sub-Consultant shall be required to bill on not less than a monthly basis, and in no event shall the Architect and/or Sub-Consultant bill for services and costs more than ninety (90) days after the expense has occurred, otherwise such cost shall not be considered by the Owner.

ARTICLE 10

BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 10.1 An Initial Payment of ten dollars ($10.00) shall be made upon execution of this Agreement and credited to the Owner as part of the Lump Sum Fee for Basic Services. 10.2 BASIC COMPENSATION 10.2.1 For Basic Services, as described in Article 2, and any other Conditions or Services included in Article 10 as part of Basic Services, Basic Compensation shall be computed as follows:

Lump Sum Fee for Basic Services: $ SEE SHORT FORM AGREEMENT 10.2.2 Where compensation is based on a lump sum, progress payments for Basic Services shall be made in accordance with that work which is completed and to the Owner's satisfaction. 10.3 COMPENSATION FOR ADDITIONAL SERVICES 10.3.1 For project representation beyond Basic Services, compensation shall be computed as follows: Compensation shall be in accordance with the School Board approved Fee Schedule and subject to the Owner's desired level of representation. 10.3.2 Services of the Architect, authorized by the Owner and beyond the Basic and Additional Services outlines herein, shall be compensated in accordance with the hourly rate sheet provided herein. 10.3.3 Services of the Architect's Sub-Consultants authorized by the Owner and beyond the Basic and Additional Services outlined herein, shall be compensated in accordance with the hourly rate sheet attached herein for such services plus a multiple of 1.10 items the amounts billed to the Architect for such services. 10.4 REIMBURSABLE EXPENSES 10.4.1 For reimbursable expenses, the Architect shall be compensated for such expenses plus a multiple of 1.10 times the amount incurred by the Architect for such expenses.

ARTICLE 11

INSURANCE REQUIREMENTS

11.1 Additional Services included within Basic Services and included within Basic Compensation are outlined as follows: 11.2 As a part of Basic Services, the Architect shall, throughout the period covered by this Agreement, carry Professional Responsibility Insurance for their practice and provide the Owner with a copy of the Certificate of Insurance before final execution of the Agreement can occur. The Architect shall maintain said insurance in an amount not less than those outlined below. Not withstanding the deductible amount, the Architect remains liable to the Owner for any damages. The Architect shall deliver the "Certificate of Insurance" (Acord Form) within ten (10) notice days of intended Board action, demonstrating that the required coverage is bound by an Insurance Company B+ V or higher rated approved by the Insurance Commission to do business in the State of Florida. Said certificate shall also provide thirty days (30) prior written cancellation notice or any other change to the Owner. The policy shall include a discovery period for reporting claims of not less than 60 months from the completion of services. 11.3 Also as a Basic Service, the Architect shall maintain automobile liability insurance with limits of not less than $1,000,000 per occurrence for bodily Injury and Property Damage for hired and non-owned vehicles. The Architect shall also maintain General Liability Insurance in an amount not less than $1,000,000 and Statutory

Workers' compensation and Employer's Liability insurance with limits not less than $100,000 per accident. The Architect shall submit certificates of insurance to the Owner upon execution of this Agreement demonstrating that the required coverage is bound. 11.4 The Architect shall perform no services under this Agreement until the Owner has approved the certificates of insurance, policy or policies, and/or endorsements required under Articles 11. 11.5 The Architect shall provide the owner with copies of all subcontracts or agreements between the Architect and its Sub-Consultants. The Architect shall include in each such subcontract or agreement the following provisions: a) Each Sub-Consultant shall provide the insurance overages specified in Article 11; and b) Each Sub-consulting Engineer agreement shall provide for resolution of disputes between the parties thereto in a manner consistent with this Agreement, and if the Sub-Consultant agreement provides for arbitration of disputes, it will except from the scope of the arbitration agreement any claims, demands, causes of action, or disputes which relate to or arise from, in whole or in part alleged professional malpractice, errors or omissions by such Engineer; and c) Each Sub-Consultant agreement shall provide for a waiver of subrogation by the Architect, unless or until the Owner has been fully compensated for any damages alleged to have been caused or contributed to, in whole or in part, by such Sub-Consultant. 11.6 The Architect shall provide the Owner with copies of each of the Architect’s Sub-Consultants certificates of insurance, policies and/or endorsements upon the execution of each individual Sub-Consultant agreement.

IN WITNESS WHERE OF, the parties hereto have executed this Agreement the day and year first written above. PROJECT NAME: ARCHITECTS ON CONTINUING CONTRACT PROJECT NUMBER: N/A ARCHITECT: THE SCHOOL BOARD OF

PALM BEACH COUNTY, FLORIDA _______________________________________ Name of Corporation Chairperson By: _______________________________________ Name (print) Title Date _____________________________________ Signature Date Attest: _______ ______________________________________ Name (print) Title Superintendent __________________________________ _____________________________________ Signature Date Date

Approved As To Legal Form And Sufficiency:

_______________________________________ Attorney to the Board

___________________________

Date (Corporate Seal)

EXHIBIT E

SCHOOL BOARD of PALM BEACH COUNTY SHORT FORM AGREEMENT

This Short Form Agreement further delineates the services referenced in the current Standard Form of Agreement between the Architect and the School Board of Palm Beach County, Florida, and hereby incorporates all terms and conditions of the Board Agreement. THE SHORT FORM AGREEMENT WILL NOT BE APPROVED UNLESS ALL INFORMATION IS PROVIDED.

Project Name/Location: School District Project #: Description of Project and Scope of Work: (Use, back, if more space is necessary)

Basic Services - Lump Sum Fee Amount: $ _____________________ or Hourly Not-To-Exceed Amount (If Applicable): $ _______________________

MAXIMUM CONSTRUCTION COST: $_______________________________ M/WBE - SUB-CONSULTANT UTILIZATION-if not required per Scope of Work, indicate N/A and state reason. (The Board is committed to achieving 15% M/WBE–participation on each project.) FIRM(S) CONTRACT SERVICE EST. FEE % OF TOTAL _________________________ ____________________ ________ ___________ _________________________ ____________________ ________ ___________ _________________________ ____________________ ________ ___________ Project Schedule (Specify milestone tasks and completion dates) TASK(S) TASK COMPLETION DATE(S) _________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________ The following attachment is hereby made part of this SHORT FORM AGREEMENT:

Reviewed and Approved by: _____________________________________________ ______________ Project Field Representative/Projects Coordinator Date _____________________________________________ _______________ Senior Projects Administrator Date ____________________________________________ _______________ Department Director/Representative Date ____________________________________________ _______________ Director of Purchasing Department Date Architect:___________________________________________________________ Title: ________________________________________________________________ Address: ___________________________________________________________ City, State, Zip: ____________________________________________________ Phone #: _____________________ Fax #: ______________________________ Email Address: _____________________________________________________ Authorizing Signature: _______________________Date___________________ COMPANY SEAL

EXHIBIT F

SCHOOL BOARD OF PALM BEACH COUNTY

ARCHITECTS ON CONTINUING CONTRACT

FEE SCHEDULE

SERVICE PROVIDED HOURLY FEE

PROFESSIONAL ARCHITECT SERVICE Principal $200.00 Professional Architect $150.00 Project Architect $110.00 Associate Architect $85.00 TECHNICAL SERVICE Field Representative $80.00 Specification Writer $50.00 CADD, DRAFTING AND WORD PROCESSING SERVICES CADD Operator with machine $65.00 Clerical $45.00 Draftsman $50.00

Compensation shall be subject to the Owner’s desired level of representation

School District of Palm Beach County, Florida

All hourly rates are inclusive of those items reflected in Basic Services of the Owner/Architect Agreement.

EXHIBIT G

BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT

Project No. /Title ARCHITECTS ON CONTINUTING CONTRACT Corporate Name__________________________________________Tax FEIN Number: ________________

Before me, the undersigned authority, personally appeared ______________________, ("Corporate Representative") this _______ day of _______________, 20___, who, first being duly sworn, as required by law, subject to the penalties prescribed for perjury, deposes and says: 1) Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained

herein, and states that the facts contained herein are true, correct, and complete. 2) The following is a list of every "person" (as defined in Section 1.01(3), Florida Statues to include individuals,

children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet)

A. Persons or corporate entities owning 5% or more:

Name Address Percentage

B. Persons or corporate entities who hold by proxy the voting power of 5% or more:

Name Address Percentage

C. Stock held for others and for who held:

1. Name / 2. From Whom Held 1.

Address Percentage

2.

1.

2.

1.

2.

CORPORATE REPRESENTATIVE

By:______________________________________________ SWORN TO and subscribed before me this ______ day of ________________, 200___, by ____________________. Such person(s): (Notary Public must check applicable box):

[ ] is/are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification.

(NOTARY PUBLIC SEAL) ____________________________________ Notary Public ____________________________________

(Print, Type or Stamp Name of Notary Public)

PBSD FORM 1997

THE SCHOOL DISTRICT OF PALM BEACH COUNTYSubcontractor / Sub-consultant (including Minority/Women Business Enterprises) Utilization Report

1. PROJECT NAME 2. PROJECT NUMBER 3. APPLICATION NUMBER 4. APPLICATION DATE 5. REPORTING PERIOD 6. MINORITY GOAL 7. SCHEDULED COMPLETION

To FromThis report is required by The School District of Palm Beach County. Failure to comply may result in the School District commencing proceedings to impose sanctions on thecontractor/consultant. In addition to pursuing other legal remedies, sanctions may include the withholding of payments for work committed to Minority/Women Business Enterprise(M/WBE) participants, and a negative recommendation on future bids by the contractor/consultant for the School District of Palm Beach County.8. CONTRACTOR'S NAME

11. CONTRACTOR'S STREET ADDRESS/APT. NO. 12. CITY 13. STATE 14. ZIP CODE

9. TELEPHONE NUMBER 10. FAX NUMBER

18. CURRENT CONTRACT AMOUNT 19. TOTAL DRAW THIS MONTH 20. % M/WBE PART TO DATE 21. TOTAL DRAW ON PROJECT FROM START

15. PROJECT MANAGER 16. MGR'S PHONE NO. 17. MGR'S FAX NUMBER

22. % COMPLETED

Commencing on September 1, 1996, partial release of lien is expected from each M/WBE subcontractor /sub-consultantand shall accompany any application and certification for payment. Prompt payment to CONTRACTOR/CONSULTANTis dependent on appropriate documentation. The signature below of corporate officer attest to the accuracy of theinformation.

NOTARY PUBLIC, STATE OF FLORIDA

STATE OF FLORIDA, PALM BEACH COUNTYIN WITNESS WHEREOF, I have hereunto set my hand and

official seal this

day of , .

My commission expires:TELEPHONE NUMBER

COMPANY SEAL

PBSD 1528 (REV. 9/9/2005) Original - Office of Diversity in Business Practices COPY - Construction Department

SIGNATURE OF COMPANY OFFICER

TITLE

DATE

page 1 of 2

( ) ( )

( ) ( )

23.FEDERAL ID

NUMBER24.

SUBCONTRACTOR/ SUB-CONSULTANT NAME25.

MINORITYSTATUS

26. WORK DESCRIPTION27.

AMOUNT FORPROJECT

28. AMOUNTDRAW THIS

MONTH

29.TOTAL PAID TO

DATE

30.ACTUAL

START DATE

31.SCHEDULEDCOM-DATE

PROJECT NAME CONTRACTOR'S NAME

PBSD 1528 (REV. 9/9/2005) Original - Office of Diversity in Business Practices COPY - Construction Department page 2 of 2

23.FEDERAL ID

NUMBER24.

SUBCONTRACTOR/ SUB-CONSULTANT NAME25.

MINORITYSTATUS

26. WORK DESCRIPTION27.

AMOUNT FORPROJECT

28. AMOUNTDRAWN THIS

MONTH

29.TOTAL PAID TO

DATE30. ACTUAL

START DATE31.

SCHEDULEDCOM-DATE

INSTRUCTIONS

1. Name of Project.

School District Project Number.2.27. List project total for each subcontractor /sub-consultant.

Application Number - from AIA document G702 or from project manager.3.

28.4.

29.5.

30. Start date for each subcontractor/ sub-consultant.6.

31. Scheduled completion date for each subcontractor/ sub-consultant.7.

8.

9-10.

11-14.

NOTES:

All 1528 Forms must be submitted with every pay application.1.

15.-17.

Amount of contract including base bid, change orders, and exercisedalternatives.

exercised alternates.�

2.

18.

Percentage of minority participation to date.

19.

You should submit the partial release of liens with the drawapplication.

20.

The total amount drawn on this project since it commenced.

Percentage of project completed to this date.

21.

22.

Business name of subcontractor/ sub-consultant.24.

Subcontractor's/ sub-consultant's minority status.25.

A = Black Male F = Indian/Alaskan FemaleB = Black Female G = Asian MaleC = Hispanic Male H = Asian FemaleD = Hispanic Female I = White FemaleE = Indian/Alaskan Male

26. Brief description of work each sub will perform. (Roofing, HVAC,trash removal, consulting, etc.)

Prime contractor's phone and fax numbers.

The total of this draw as authorized on the AIA document G702.

Project Manager's name, phone, and fax number.

Prime contractor's mailing address.

Application date is same date as on draw application.

Reporting Period - from AIA document G702 "Period to".

Minority Goal as set by the School District for this project.

Scheduled completion date for this project.

Business name of prime contractor.

This month's draw amount for each subcontractor/ sub-consultant.

To date total paid to each subcontractor/ sub-consultant.

3. You should have a copy of the minority certification for everycertified minority subcontractor/ sub-consultant on the job.

N = Non-minority

4. This form must be notarized.

Federal Identification Number23.

THE SCHOOL DISTRICT OF PALM BEACH COUNTY OFFICE OF DIVERSITY IN BUSINESS PRACTICES

Letter of Intent Minority/Women Business Enterprise (M/WBE) Subcontractor Participation

Form must be submitted to BidSync.com Check if not applicable

BID/RFP or Project Name

BID/RFP or Project #

Name of Bidder/Construction Manager

Submit completed form to the Senior Project Administrator (SPA). Direct all questions to (561) 434-8508.

The undersigned intends to perform work with the above project as (check one):

* If a joint venture, attach letterhead or other documentation proving relationship.

The undersigned intends to perform work with the above project as (check one):

The undersigned is: Certified with the School District of Palm Beach County M/WBE Coordinator

African American

Asian American

Hispanic American

Native American

American

Physically ImpairedFemale

Male

The undersigned is (Must check one in column 1 and column 2. Check column 3 if applicable):

PARTICIPATION The undersigned intends to perform the following work in connection with the above project:

Item # Contract (Trade) Items (Description/Division) Amount

Signature Date

Name of M/WBE Subcontracting Firm

Name and Position (type or print)

PBSD 1525 (Rev. 3/30/2009) ORIGINAL - Office of Diversity in Business Practices

Individual Partnership Corporation Joint Venture*

Subcontractor Subconsultant Manufacturer Supplier

INTERNAL USE ONLY - ROUTING DISPOSITION All executed originals of the form must be submitted to the

Office of Diversity in Business Practices, Room A-106

Column 1 Column 2 Column 3

amount of any such subcontract must be stated $

If the undersigned intends to sub-contract any portion of this subcontract to a non-certified M/WBE subcontractor, the

Certified with the State of Florida, Department of General Services (Provisional)

THE SCHOOL DISTRICT OF PALM BEACH COUNTYOFFICE OF DIVERSITY IN BUSINESS PRACTICES3300 Forest Hill Boulevard, A-106, West Palm Beach, FL 33406 • (561) 434-8508Good Faith Memorandum

This submission is made to:

Date

Name of Prime/Professional

Address

City, State, Zip

SUBJECT SUB-CONTRACTOR, SUPPLIERS, VENDORS, MANUFACTURES, PROFESSIONALGOOD FAITH INITIATION

PROJECT NAME

By this memorandum, we cite our availability, readiness, and willingness to submit quotations on the above named project as aprospective participant.

FROM Sub-contractor/Vendor Name

Contact Person

Address

City, State, Zip

Telephone

Fax Number E-mail

Business Hours

The trade, product, service(s), we are offering to present quotes on are:

By the presence of this form, we respectfully request that the primary vendor/professional provide all technical data relative to theformulation of the proposal, plans, and specifications to include addendums necessary to facilitate our formulation of a realisticproposal.

NOTE TO PRIMARY VENDOR - The Palm Beach County School Board (Policy No. 6.146) has established participation goals and bidpreferences relative to Minority and Women participation in all commercial solicitations presented for public offering.

If this form is being transmitted to the primary contractor via certified mail, include a photo copy of the receipt with this form.

PBSD 1611 (REV 01/11/2002) ORIGINAL - Prime Contractor COPY - Diversity in Business Practices COPY - Subcontractor

Extension

/ /

( ) -

( ) -