request for qualifications - volusia county...

REQUEST FOR QUALIFICATIONS ARCHITECTURAL SERVICES

PINE RIDGE HIGH 926 HOWLAND BOULEVARD DELTONA, FLORIDA 32738

CAMPUS WIDE REROOF

PROJECT NO. 184628

School Board of Volusia County Florida Facilities Planning and Business Services

3750 Olson Drive, Daytona Beach Florida 32124 (386) 947-8786

SUBMITTALS DUE BY:

3:00 PM ON SEPTEMBER 21, 2017

TABLE OF CONTENTS

2 Pine Ridge High Campus Wide Reroof – Project No. 184628 Architectural Services

PAGE TITLE

1 Cover

2 Table of Contents

3 Legal Notice

4 Project Description and General Information

5 - 6 Submittal Instructions

7 Submittal Conditions

8 Required Services and Firm Selection Process

ATTACHMENTS

A Aerial Map

B FAC Document 622 - Standard Form of Agreement for Architectural Services

C Rating Sheet – Shortlisting

D Rating Sheet - Interviews

Legal Notice Request for Professional Services


Pursuant to Florida Statute 255.103 and 287.055, Consultants' Competitive Negotiations Act (CCNA) and State Requirements for Educational Facilities (SREF), the School Board of Volusia County Florida hereby publicly announces the need to procure Architectural Services for Pine Ridge High, Campus Wide Reroof, Project Number 184628. The estimated construction cost for this project is $3,000,000. To be eligible for consideration, interested firms must be certified by the School Board and shall hold a current Certificate of Qualification prior to the date of submission. Applications are available at: http://myvolusiaschools.org/planning-business-services/Pages/Consultant-Qualification-Requirements.aspx Solicitation information, RFQ and all other relevant documents are available via the Volusia County School District web site at: http://myvolusiaschools.org/facilities-design/Pages/Consultant-Services.aspx Documents are in PDF format and may be viewed, printed or saved to your computer. In order to be considered, interested firms must submit one (1) original printed and bound submittal and one (1) CD or flash device of the submittal in combined PDF file format in the same order as the printed submittal with corresponding bookmarks for navigation. Submittals must be received no later than 3:00 pm on September 21, 2017. Only responses from firms that have submitted the required information per the RFQ and have a valid Certificate of Qualification by the Volusia County School Board will be considered. The School Board of Volusia County Florida reserves the right to waive any informality in the selection process and to reject any or all submittals in the best interest of the District. Address submittal to: Ms. Janice Lucas Facilities Planning & Business Services 3750 Olson Drive Daytona Beach, Florida 32124 The School Board of Volusia County, DeLand Florida Ms. Melody Johnson, Chairman

http://myvolusiaschools.org/planning-business-services/Pages/Consultant-Qualification-Requirements.aspx

http://myvolusiaschools.org/planning-business-services/Pages/Consultant-Qualification-Requirements.aspx

http://myvolusiaschools.org/facilities-design/Pages/Consultant-Services.aspx

PROJECT DESCRIPTION AND GENERAL INFORMATION


Project Description Campus wide roof replacement at Pine Ridge High in Deltona. This project includes the replacement of existing metal roofs located on Buildings 1 through 9, built-up roofing located on Buildings 2, 3, 4, 6, & 8 and standing seam metal roof covered walkways. Construction will be phased to prevent any interruptions of student and staff services as the campus will be fully occupied during construction. The estimated construction cost for this project is $3,000,000. General Information The Consultant shall provide the School Board of Volusia County, Florida with architectural services per Florida Statutes. The firm selected shall be able to offer architectural design and contract administration services with either staff or sub-consulting resources. The size, scope and complexity of the project under this contract will be determined by the School Board representative and/or designated architects/engineers involved in the project. For purposes of consistency and simplicity, School Board may also include the School District of Volusia County and/or the Superintendent or designee. The School Board will select a qualified firm under provisions of Florida Statutes to provide architectural services for Pine Ridge High, Campus Wide Reroof, Project Number 184628. Previous architectural experience with occupied school campuses is preferred. To be eligible for consideration, interested firms must be certified by the School Board pursuant to the Consultants’ Competitive Negotiations Act (CCNA) and the regulations of the School Board prior to the date of submission. Except for the District employee named below and the recipient of submittals as indicated in this RFQ, respondents are cautioned not to contact or discuss with any committee member, School Board member, or employee of Volusia County Schools, any matter regarding this solicitation until the School Board has approved the ranking of firms. Failure to do so may be cause for rejection of the firm’s submittal and consideration of the firm under this RFQ. It is the intent of the School District to utilize the internet to disseminate information for this request to include the RFQ, any/all addenda or subsequent information as applicable. Solicitation information, this RFQ and all other relevant documents are available via the Volusia County School District web site at: http://myvolusiaschools.org/facilities-design/Pages/Consultant-Services.aspx Documents are in PDF format and may be viewed, printed or saved to your computer. All questions regarding this RFQ shall be in writing and sent via mail, hand delivery or email to: Mr. Tom Brown Facilities Services, Volusia County School District 3750 Olson Drive, Daytona Beach, Florida 32124 Email: [email protected] All written inquiries must be received no later than 3:00 pm on September 7, 2017. Written inquiries will be provided a written response that shall be made available at http://myvolusiaschools.org/facilities-design/Pages/Consultant-Services.aspx.


mailto:[email protected]



SUBMITTAL INSTRUCTIONS

5 PINE RIDGE HIGH Campus Wide Reroof – Project No. 184628 Architectural Services

The following submittal format is intended to provide the selection committee with information regarding the qualifications of each prospective architectural firm. Submit one (1) original printed and bound submittal and one (1) CD or flash device of the submittal in combined PDF format in the same order as the printed submittal with corresponding bookmarks for navigation. Do not use mailing labels on CD. Handwrite or use proper CD/DVD type labels. Submitted CD’s with mailing labels will not be accepted. The specific school / facility name, project name and project number, as shown on the cover of this RFQ, must be clearly shown on the submittal cover. Firm submittals shall contain the following information in the order indicated below. Submittals without these documents will be disqualified. 1. Letter of Interest

a) Include a paragraph which states the firm’s intent to qualify under Florida Statutes Chapter 287.055 (CCNA).

b) Include address, phone number and email of the person designated by the firm as contact for this submittal.

c) Letter must be signed by a person legally authorized to bind the firm. 2. Table of Contents 3. Provide a copy of the firm’s current Certificate of Qualification as approved by the School Board

of Volusia County. 4. Team Organization and Personnel Resumes

a) Provide an organizational chart of the proposed design team including consultants. b) Provide resumes of key personnel, respective roles, education and their experience in

architectural design and contract administration. Identify and highlight their experience as related to educational facilities.

5. Professional Registration

a) Provide copies of professional registration licenses for the architectural firm as well as all consultant firms proposed in this submittal.

6. Insurance

a) Attach the firm’s current certificate of professional liability insurance in the amount of $1,000,000.

7. Architectural Project Experience a) Submit the architectural firm’s design experience documenting four (4) or more projects

within the past five (5) years evidence of school design experience. Identify: 1) Projects of comparable size and complexity; define specific services provided. 2) Information describing scope and cost. 3) Lead personnel and their respective responsibilities. 4) Client’s name and contact person with address, phone number, email, dates of

services performed and any written references. Please be advised that Orange County Public Schools does not provide references to requests from other school districts.

b) The firm’s direct project experience must be differentiated from individual personnel experience; therefore, if you choose to identify individual’s experience gained at other firms, this section should be clearly subdivided as follows: 1) Firm’s Project Experience 2) Individuals’ Project Experience (while employed by other firms)

Submittal Instructions

6 Pine Ridge High Campus Wide Re-Roof – Project No. 184628 Architectural Services

8. Project Examples Similar in Scope a) Provide graphic examples (photos, etc.) of projects that best represent the firm’s ability to

provide architectural services for projects of comparable size and complexity. 9. Technology Equipment and Resources

a) Describe equipment and technology resources available to your firm. Indicate how these resources benefit the District as a potential client.

b) Indicate office technologies and web based services the firm currently uses and how you intend to maximize their use for this contract.

10. Project Approach

a) Describe the methods the firm will employ for the following tasks taking into consideration the school sites may be fully occupied during construction and the District may utilize the services of a Construction Manager: 1) Design Reviews and Coordination 2) Permitting 3) Scheduling and Phasing 4) Budgeting 5) Contract Administration

11. Availability and Location

a) Provide the business addresses, phone numbers and email for the firm’s offices from which any part of the work will be administered.

b) Explain the status of current workload addressing the availability of lead personnel as it relates to the submittal.

12. Litigation

a) Identify all legal action in which the firm has been a party to including litigation, mediation, arbitration, administrative proceedings, etc. during the last five (5) years involving a client for claims in excess of $100,000.

b) Include a brief legal description of the dispute and current status. c) Describe in detail any projects within the last five (5) years where liquidated damages,

penalties, liens, defaults, cancellations of contract or termination of contract were imposed, sought to be imposed, threatened or filed against the firm.

d) Identify any disputes or claims in which the firm has been a party and which were resolved without legal action.

13. Appendix

a) Additional information deemed necessary by the firm. Indicate any other considerations the firm may wish to highlight or discuss such as awards, company brochures, letters of accommodation, periodical articles, etc.

Submittals are due no later than 3:00 pm on September 21, 2017 and must be clearly labeled showing the name of the submitting firm. Address Submittals to: Ms. Janice Lucas Facilities Planning & Business Services 3750 Olson Drive Daytona Beach, Florida 32124 All firms will receive notification via email, to the attention of the person designated by the firm as contact for this submittal, of the firms selected.

SUBMITTAL CONDITIONS


Issuance of this RFQ does not constitute a commitment by the School Board to award a contract. The School Board reserves the right to reject any or all submittals received in response to this RFQ or to cancel this RFQ if it is deemed in the best interest of the district. The School Board reserves the right to request clarification of information submitted and to request additional information from one or more firms. Submittals become the property of the School Board and will not be returned. The School Board operates under the public disclosure laws required of governmental agencies as part of its normal procedures. Proprietary information must be identified and will be protected to the greatest extent possible; however, there can be no guarantees. By making a submittal the firm agrees to comply with all applicable federal, state and local statutes and regulations. Cost of developing the submittal, attendance at an oral interview or any other such costs are entirely the responsibility of the firm and shall not be reimbursed in any manner by the School Board. The School Board reserves the right to proceed to interview without further discussion of submittals received, operating strictly under the Consultants’ Competitive Negotiations Act (CCNA). In the event shortlisted firms are invited for interview, the person(s) who will be assigned to the contract must attend the interview as well as any others deemed necessary by the applicant. In accordance with CCNA the School Board reserves the right to conduct or not conduct interviews at its sole discretion. The final selection shall be based on the written submittal, responses of references and (if applicable) the interview. Firms shall be ranked in accordance the CCNA provisions. In accordance with CCNA, the School Board shall negotiate agreements with the top ranked firms until an agreement has been reached or until impasse. Successful firms shall obtain approval from the School Board prior to reassigning any key personnel involved in the performance of any project. Approval will not unreasonably be withheld. The School Board may require removal of any contracted employee who the School Board deems unacceptable. News releases pertaining to this procurement or contract shall not be made without prior written approval from the Superintendent or designee.

REQUIRED SERVICES AND FIRM SELECTION PROCESS


Required Services Successful firms shall be responsible for all services as set forth in FAC Document 622, Standard Form of Agreement for Architectural Services, attached to this RFQ. Firm Selection Process This Request for Qualifications (RFQ) is the first step in the selection process. A selection committee will evaluate the submittals of interested firms. A “shortlist” of firms will be identified. Shortlisted firms may be asked to present their qualifications and design approach by interview to the selection committee as part of the selection process. A final ranking will be established by the selection committee which shall constitute its recommendation to the School Board to negotiate with the top ranked firm to provide design and contract administration services. The Selection Committee shall be composed of a minimum of five representatives. Committee members shall include representatives from the District Facilities Department which may include but not necessarily limited to the Planning Director, Maintenance & Operations Director, and Construction Coordinator. Additional representatives may include a Volusia County School Board member, a member of the Finance Department, school based personnel and a private citizen. In general, the evaluation criteria are based on:

1. Experience and qualification of the firm. 2. Experience and qualifications of proposed team members to be assigned to the contract. 3. Experience and performance of the firm on school projects. 4. Project management and contract administration approach, including cost management and

quality control procedures. 5. Technology use and equipment resources. 6. Availability to perform services and references. 7. Location of firm. 8. Responsiveness to the RFQ instructions.

All firms will receive notification via email, to the attention of the person designated by the firm as contact for this submittal, of the firms selected. It is currently anticipated that a shortlisting will occur on or around October 13, 2017 with interviewing, if necessary, occurring on or around November 9, 2017.

ATTACHMENT A

Pine Ridge High School925 Howland Boulevard

Deltona, FL

.Building Index

1. Administration, Cafeteria2. Classrooms3. Classrooms4. Classrooms5. Classrooms

6. Media, Classrooms 7. Classrooms 8. Gymnasium 9. Music10. Auditorium

Created by Facilities ServicesOctober, 2012

ATTACHMENT B

FAC Document 622 SCHOOL BOARD OF VOLUSIA COUNTY FLORIDA

Initial FAC Document 622 Page 1 of 15 School Board of Volusia County Florida / 622_Specific_Arch_FINAL_2017-6-07

STANDARD FORM OF AGREEMENT BETWEEN OWNER and ARCHITECT

for Architectural Services for the following project

AGREEMENT made as of the day of in the year of BETWEEN the Owner: (Name and address) The School Board of Volusia County Florida 200 North Clara Avenue (PO Box 2118) DeLand, Florida 32720 (32721-2118) the Architect is: (Name and address) for the following Project: (Include detailed description of Project, project number, location, address and scope.) The Owner and Architect agree as set forth below.


1.1 OWNER’S INTENT 1.1.1 The Owner desires to obtain from the Architect professional services necessary for the design and construction of , hereinafter called the Project. 1.1.2 The Architect acknowledges that it has a professional duty of care in the performance of its duties under this Agreement. The Architect will exercise its best efforts to ensure faithful performance of the Construction Agreement by both the Owner and Contractor.

ARTICLE 2 SCOPE OF ARCHITECT’S BASIC SERVICES 2.1 BASIC SERVICES 2.1.1 The Architect's basic services consist of: all services necessary to design, prepare construction drawings and specifications, and provide contract administration services for the construction of the Project as described in the Design Criteria, Article 17, developed by the Owner for this project. Such services shall include, but not be limited to, necessary conferences; preparation of a site plan (graphically depicting the complete use of the affected area); participation in a review of the educational or ancillary specifications and Project requirements; preparation of conceptual drawings; preparation of Schematic Design, Design Development, and Construction Documents in compliance with educational or ancillary specifications and Design Criteria requirements including working drawings; specifications; large-scale and full-size detail drawings; for architectural, structural, electrical, civil, mechanical and landscaping work as those disciplines relate to the overall Project requirements; estimates of cost of the work, assistance in the drafting of forms of proposals and contracts; assistance during bidding and award of contract(s); site visits and observation of the work; issuance of certificates of payments and the general administration of the construction contract work as more specifically set forth herein. Basic Services include the Architect reviewing applicable codes and regulations, verifying that the Construction Documents comply with all applicable codes and regulations, and making revisions to the Construction Documents requested by Governmental authorities or the Owner as needed to obtain governmental approvals. 2.1.2 The Architect shall design the Project in accordance with:

.1 The applicable edition of rules of the Florida State Board of Education, State Requirements for Educational Facilities (SREF), Administrative Rules for Educational Facilities, Section 1013 of the Florida Statutes, applicable building codes, including but not limited to all laws, regulations, or codes addressing storm water management, water wells, and sanitation.

.2 The Volusia County Schools Design Guidelines, current edition, Design Criteria developed by the Owner and any educational or ancillary specifications. Current Design Guidelines are available on the Facilities Design & Construction website.

.3 During the design phase for each project at existing facilities, the Architect shall review the “Survey Report for Asbestos-Containing Building Materials” and “Management Plan for Asbestos-Containing Building Materials”, on file in the Environmental Services Department, for the facility affected by each project. Based upon said survey report the Architect shall present to the Owner a written report of this review. This report shall identify the location or locations within the project area that contain any asbestos-containing building materials. In the event there are no locations within the project area that have asbestos containing materials, a report will need to be submitted stating such. The Owner shall be responsible for abatement of any asbestos containing material.

.4 Review of the Americans with Disabilities Act Transition Plan Survey of Volusia County School Board Facilities, located in the Facilities Building Department, to identify and correct non-compliant areas within the project.

2.1.3 The Architect shall not specify any asbestos containing materials or products in the Project. 2.1.4 Design Professionals acceptable to the Architect and the Owner shall be retained by the Architect, at the Architect's expense, as the Architect's consultants for the structural, mechanical, civil, electrical, landscape architect and such other portions of the Project where such services shall reasonably be required for the proper design, installation, or operation of such portions of the Project. Nothing in this paragraph, or elsewhere in this Agreement, shall relieve or absolve the Architect from liability for damages to the Owner resulting from any breach or default under this Agreement, or any willful or negligent act or omission of the Architect or any agent, or employee of the Architect, including, but not limited to, any engineer or other consultant employed hereunder by the Architect or any agent or employee of such engineer or other


consultant. 2.1.5 The Architect and relevant consultants shall meet with School Board personnel, and any other governmental bodies deemed necessary by the Owner, at pre-design conferences to discuss details and material specifications for the Project. Final approval of all design and construction matters must come only from the Owner. To the extent necessary for the Project, the Architect shall provide water and sewer extension and water management review documentation through the Department of Environmental Protection, State of Florida, and the St. Johns River Water Management District; provide energy review (FLEET) analysis; and shall coordinate necessary utility modifications and confirm the modifications in writing with the local utility company. 2.1.6 If the Project requires the services of a Special Inspector for threshold buildings, the cost of this service will be negotiated with the Architect as an additional service or will be provided by the Owner. 2.1.7 At the completion of Schematic Design, Design Development and Construction Documents the Owner may provide the Architect with a written list of proposed changes and/or a redlined set of correction drawings and specifications. The Architect shall make all corrections indicating compliance with yellow highlighter. The redlined set shall be returned to the Owner. Should the Architect disagree with any correction requests the Architect shall identify such items in writing to the Owner. 2.2 PROJECT REQUIREMENTS 2.2.1 The Project shall be designed to avoid the construction cost exceeding the construction budget as outlined in the Design Criteria, Article 17. This amount represents the Project construction budget. 2.2.2 The net and gross square footage of the Project, if any, shall be in accordance with the figures for net and gross area totals set forth in the Design Criteria, Article 17. 2.3 EVALUATION OF BUDGET AND COST OF THE WORK 2.3.1 The Architect shall prepare a preliminary estimate of the cost of the work. As the design progresses through the end of the preparation of the construction documents, the Architect shall update and refine the preliminary estimate of the cost of the work. If at any time the Architect’s estimate of the cost of the work exceeds the Owner’s budget, the Architect shall immediately notify the Owner in writing and make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget and shall proceed no further without written direction of the Owner. 2.3.2 If the budget for the cost of the work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:

.1 give written approval of an increase in the budget for the cost of the work;

.2 authorize rebidding or renegotiating the Project within a reasonable time;

.3 terminate in accordance with subparagraph 13.2; or

.4 assist in revising the Project scope and quality as required to reduce the cost of the work. 2.3.3 If the Owner chooses to proceed under subparagraph 2.3.2.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible as necessary to comply with the budget for the cost of the work. 2.4 SCHEMATIC DESIGN PHASE 2.4.1 The Architect shall review the program described in the Design Criteria, to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 2.4.2 The Architect shall visit the site with the Owner and investigate existing conditions and facilities; review drawings or other information furnished by the Owner and shall generally verify all such information as it relates to the Project. 2.4.3 The Architect shall provide a preliminary evaluation of the Project requirements and budget requirements, each in terms of the other. 2.4.4 The Architect shall prepare and submit to the Owner conceptual documents setting forth preliminary


plans and systems. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.4.5 The Architect shall review with the Owner alternate approaches to the design and construction of the Project. 2.4.6 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.4.7 Schematic documents shall be complete upon written acceptance and approval of the Owner. 2.5 DESIGN DEVELOPMENT DOCUMENTS 2.5.1 Based on the approved schematic documents and any adjustments authorized by the Owner in the educational or ancillary specifications, Design Criteria or budget requirements, the Architect shall prepare, for review by the Owner, design development documents. The design development documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The design development documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.5.2 The Architect shall:

.1 work with the Owner to identify the areas within the building design which offer the greatest potential for the elimination of unnecessary costs.

.2 evaluate alternative systems and materials in terms of their feasibility and life-cycle cost.

.3 develop selected alternative ideas in detail with emphasis on their technical durability and constructability.

.4 retain an independent estimator when approved by the Owner in writing. When this service is required, it will be considered an additional service and not included in the basic services of the Architect.

.5 advise the Owner of any adjustments to the preliminary estimate of construction cost.

.6 provide to the Owner two (2) sets of dated plans, specifications and the facilities space chart prior to acceptance of design development documents by the Owner. Design development documents shall be complete upon written acceptance and approval of the Owner.

2.6 CONSTRUCTION DOCUMENTS 2.6.1 Based on the approved design development documents and any further adjustments in the Design Criteria or budget requirements for the Project as authorized by the Owner, the Architect shall prepare construction documents for review by the Owner. The construction documents shall set forth in detail the requirements for the construction of the Project. The construction documents shall include drawings and specifications that establish in detail the requirements for the construction of the project. 2.6.2 The Architect shall assist the Owner in the preparation of all construction contracts. 2.6.3 Unless otherwise required by the Owner, the Architect shall include in the specifications the following Owner furnished documents: 630 Advertisement for Bid; 631 Instructions to Bidders; 632 Bid Form; AIA Document A310 – 2010 Bid Bond; 633 List of Subcontractors; 634 Bidder Project Data for Self-Performed Portions of the Work; 635 Trench Safety Act Form; 636 Bid Protest Bond Form; the Volusia County Schools Revised AIA Document A101-2007 Standard Form of Agreement (if applicable); the Volusia County Schools Revised AIA Document A201-2007 General Conditions (if applicable); 625 Standard Form of Agreement for a Small Project (if applicable); 640 Performance and Payment Bond; 641 Contractor’s Direct Material Purchase Affidavit; 642 Contractor Acknowledgement Form; 650 Notice to Proceed; AIA Document G702 Application and Certification for Payment; AIA Document G703 Application and Certification for Payment – Continuation Sheet; 651 Architect’s Field Report; 652 Architect’s Supplemental Instructions; 653 Proposal Request; 658 Change Order; AIA Document G707A Consent of Surety to Reduction in or Partial Release of Retainage; 660 Certificate of Substantial Completion; AIA Document G707Consent of Surety to Final Payment; 661 Contractor’s Affidavit; 662 Receipt and Release Form. No modifications to Owner provided documents are permitted without Owner’s written consent. All current Division 0 documents are available on the Owner’s website.


2.6.4 The Architect shall furnish the Owner with three (3) check sets of intermediate (50% complete) construction documents by all disciplines (plans and specifications) for review. Revisions, changes and corrections required by the Owner shall be indicated in writing to the Architect within thirty (30) days, all of which shall be incorporated into the final documents. 2.6.5 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions. 2.6.6 Prior to acceptance by the Owner of construction documents, the Architect shall provide to the Owner four (4) sets of construction documents, signed, sealed and dated by the Architect and all engineers, as required by law; and, if required by scope of work, the facilities space chart describing square footage and usage of all spaces. Architect shall provide two (2) additional, not signed and sealed, sets for Owner’s use. 2.6.7 The Architect shall prepare, for execution by the Owner, documents required for the approval of governing authorities having jurisdiction, including the School Board of Volusia County Building Department, and arrange for review and approval by these governing authorities. 2.6.8 The Architect, as part of Basic Services, shall revise the drawings and specifications to reflect any changes arising from these reviews in preparation for bidding, including a conformed set if required by Owner. 2.6.9 This phase shall be complete upon written acceptance and approval by the Owner. Acceptance and approval by the Owner will in no way relieve the Architect of the Architect's obligations and duties under this Agreement 2.7 BIDDING AND NEGOTIATION PHASE 2.7.1 It is the Owner’s intent to furnish bidding documents via the internet. The Architect, following acceptance and approval by the Owner of the Construction Documents, shall prepare one combined PDF of all drawing sheets (plans) and one combined PDF of the project manual (specification). These PDF sets shall be saved to a CD, or provided by other Owner approved means of document transmittal, and delivered to the Owner (Construction Project Manager) one week prior to the publishing of the advertisement to bid and will be uploaded by the Owner’s designee to the Owner’s website for bidding purposes. 2.7.2 The Architect shall schedule a mandatory pre-bid conference, to be held a minimum of one week prior to bid opening; the Architect shall be required to attend. A log of attendees, to include valid email contact, and complete minutes of the conference shall be maintained by the Architect, and provided to the Owner. The Architect shall provide to the Owner a copy of the attendee log in combined PDF format on CD, or other Owner approved means of document transmittal, for upload by the Owner’s designee to the Owner’s website. Only items which may affect the Bid, or clarifications of the Bidding Documents shall be addressed at the meeting. 2.7.3 The Architect shall respond in writing by way of Addendum to questions submitted by prospective bidders during Bidding and Negotiation Phase of the project. No Addenda shall be distributed without prior written consent of Owner. For each Addendum the Architect shall prepare and distribute on CD, or by other Owner approved means of document transmittal, to the Owner (Construction Project Manager) each addendum in combined PDF format, to include all attachments. The Addendum will be uploaded by the Owner’s designee to the Owner’s website. The Owner’s designee will contact the Architect via email that the Addendum has been uploaded; the Architect shall notify the pre-bid attendees that the Addendum has been issued. All Addenda shall be issued in this manner. 2.7.4 The Architect shall attend the Bid Opening, and shall assist the Owner in the analysis of the bids. The Architect shall prepare on his own letterhead his recommendation as to the award or rejection of the bids, and shall present his recommendation to the Owner. 2.7.5 Upon award of the contract by the Board, the Owner shall prepare and forward the Contract and all other pertinent forms to the successful Contractor for execution. The returned executed Contract, bonds, and certificate of insurance from the Contractor will be reviewed and approved by the Owner.


2.7.6 Within ten (10) days of the award of construction of the Project to the successful Bidder, the Architect shall disclose to the Owner any and all business relationships the Architect has, or has had over the previous five (5) years, with the Contractor or any Subcontractors on the successful bidder’s List of Subcontractors, including but not limited to participation with the successful Bidder in joint ventures and on design/build projects. This duty to disclose existing business relationships shall continue throughout the Project until final completion. 2.7.7 Upon review, and written approval by the Owner, the Architect shall prepare and issue the Notice to Proceed to the Contractor stating the date of commencement and the date of substantial completion of the work. 2.7.8 Upon successful completion of bidding and award of the construction contract Architect shall submit the following to the Owner: two complete printed sets of the most current construction documents including plans, specifications and all addenda; and digital documents of all drawings on CD or DVD in AutoCAD (.dwg format), and PDF, read-only are not acceptable. AutoCAD drawings shall be bonded drawings with no external references allowed; include with each disc set copies of Architect’s plot configuration, special fonts, digital images and a Word or PDF document of the Index to Drawings. AutoCAD file names shall be identical to the sheet it represents (i.e.: A-2.1.2.dwg, etc.). 2.8 CONSTRUCTION PHASE - ADMINISTRATION 2.8.1 The Construction phase will commence with the award of the contract for construction and conclude with the issuance of the Certificate of Final Inspection (CFI) and the one-year warranty period, whichever is later. 2.8.2 During the construction phase of the Project, the Architect shall perform the following:

.1 The Architect shall review shop drawings and other submittals received from the Contractor for conformance with information given and the design concept expressed in the Contract Documents; and take appropriate action. Action shall be taken within fourteen (14) days after receipt to avoid delays in the work. The Architect shall keep an up-to-date log of all shop drawings and submittals which shall be provided to the Owner upon request.

.2 The Architect shall review the Contractor's cost and provide recommendations regarding any changes requested in the work. Upon approval by the Owner, the Architect shall prepare change orders for signature by the Contractor, Architect, and the Owner. The Architect shall ensure that required back-up materials accompany change orders.

.3 The Architect shall be the interpreter of the requirements of the Contract Documents and will render interpretations as necessary for the proper execution and progress of the work. All interpretations or decisions shall be in writing or in the form of drawings.

.4 Within fourteen (14) days after presentation of an issue, request for information, claim and the furnishing of the facts by the Contractor to the Architect and Owner, the Architect shall make decisions in writing as to any contract interpretations. In the event of non-compliance, including omission of work or faulty workmanship, the Architect shall recite the Architect's decision in what respect there has been deviation from the results or materials of construction required by the Contract Documents. The Architect will include in the Architect's decision, suitable specifications or drawings indicating precisely the results and materials to be used in executing the correction or remedy of non-compliant work.

.5 As the Contractor is required to create “as-built” drawings the Architect shall review the Contractor's progress of the maintenance of "as-built" drawings, which shall indicate actual conditions, which differ from the Contract Documents. The intent is to identify, among other things, layouts of utility systems and functional building systems, such as lighting, electrical, water/wastewater, or any other matters relating to sanitation, communications, air conditioning, ventilation, or heating, and incorporating the actual changes made during construction of the Project which differ from the original Contract Documents.

.6 To meet requirements for the Florida Inventory of School Houses (F.I.S.H.): .1 Architects designing a new facility shall provide a schematic site plan, utilizing the

format provided by the Owner, showing buildings identified by number, parking lots, and drives; and schematic floor plans of each building, utilizing the format provided by the Owner, identifying each room by number. Provide a spreadsheet of the square footage for each room including room number, room type (ex: classroom,


mechanical, storage, etc.), building level (floor) location, floor covering type (where applicable) and total square footage for the building.

.2 If designing an addition the Architect shall update the facilities existing F.I.S.H. schematic site plan and provide schematic floor plans of each building, utilizing the format provided by the Owner, identifying each room by number. Provide a spreadsheet of the square footage for each room including room number, room type (ex: classroom, mechanical, storage, etc.), building level (floor) location, floor covering type (where applicable) and total square footage for the building.

.3 If the design is a remodeling project the Architect shall update the existing schematic floor plan, utilizing the format provided by the Owner, identifying the new work by room number. Provide a spreadsheet of the square footage for each room including room number, room type (ex: classroom, mechanical, storage, etc.), building level (floor) location, and floor covering type (where applicable).

.4 All F.I.S.H. schematic drawings shall use the format provided by the Owner. Submit schematics, in AutoCAD and PDF format, and spreadsheet on CD or DVD.

.7 The Architect, in agreement with the Owner, shall provide written approval of the Contractor’s construction schedule for the work as prepared and submitted by the contractor. The Architect will monitor the progress of the work for conformance to the schedule. The Architect will review any revision to the schedule and advise the Owner of changes from the original schedule. The Architect will use the Architect's best efforts to require Contractor, subcontractors and suppliers to comply with the schedule but will not be responsible for their failure to do so.

.8 The Architect shall provide administration of the Contract for Construction as set forth below and, as required, in AIA Document A201-2007, General Conditions of the Contract for Construction, as modified by the Owner, current as of the date of this Agreement.

2.8.3 The Architect shall guard the Owner against defects and deficiencies in the work of the Contractor, but the Architect does not guarantee the performance of the contract by the Contractor. In fulfillment thereof, the Architect shall do as follows:

.1 The Architect (as the Owner’s representative) shall visit the Project at weekly intervals during the construction, or as agreed upon, to familiarize the Architect with the progress and quality of work, and to determine if the work is proceeding in accordance with the Contract Documents and the latest approved Construction Schedule. The Architect shall prepare, in a form approved by the Owner, a written report covering each visit. On the basis of such on-site observations, the Architect shall keep the Owner informed on progress and quality of the work. Copies of all reports shall routinely be provided to the Owner within three (3) working days of each site visit. Each engineer or other consultant of record shall visit the site to observe the work on all occasions when work included in the engineer's area of responsibility is in progress. Observations by the engineers shall be documented and reported to the Architect on the same basis as reports by the Architect. These reports shall be included with the Architect report to the Owner.

.2 Upon discovery of defective work the Architect shall immediately, by written notification to the Owner and Contractor, reject the defective work stating the reasons for such rejections and recommendations for correction. The Architect shall not certify payment for defective work until it has been corrected and/or accepted.

.3 Within six (6) days of receipt of each completed application for payment the Architect shall review the Contractor's applications for payment and determine the amount to be paid to the Contractor and will certify the applications for payment in such amounts. The certificates will be sent to the Owner with a copy to the Contractor. Based upon the Architect’s site observations, the schedule of values and any other data comprising the application for payment, these certificates will constitute a representation to the Owner that the work has sufficiently progressed to the point indicated. At each application for payment the Architect shall certify to the Owner that, to the best of the Architect’s knowledge, the Project is being constructed in accordance with the contract documents. By submitting a certificate of payment, the Architect shall not be deemed to represent that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid toward the account of the construction contract sum.

.4 Before approving the Contractor's application for payment, the Architect shall review the


status of the Contractor's as-built records and verify that they are up-to-date and accurate to the best of the Architect's knowledge.

.5 The Architect shall establish the date of substantial completion for the Project, based on his determination and agreement of the Owner that the work is sufficiently complete for the Owner to occupy the facilities, or a designated portion thereof, for the use for which it is intended.

.6 The Architect shall prepare a certificate of substantial completion.

.7 The Certificate of Substantial Completion shall include a list of items remaining to be completed or corrected by the Contractor.

.8 At completion of construction the Architect shall obtain from Contractors all warranties, manufacturers' manuals of operation, the Contractor’s Affidavit form, the Receipt and Release form, other documentation required by the contract documents and conduct a final inspection.

.9 The Architect shall issue a final certificate for payment after conducting a final inspection certifying that the work has been constructed in accordance with the contract documents and upon the issuance and School Board approval of the Certificate of Final Inspection (CFI).

.10 One (1) month before the end of the one (1) year warranty period provided in the Contractor’s Agreement with the Owner, the Architect shall schedule and conduct an inspection of the Project with the Owner and the Contractor to discover and report any deficiencies in the work covered by the bond, or any uncorrected deficiencies previously reported. The Architect shall prepare and forward to the Owner and Contractor a list of all outstanding deficiencies at the time of inspection.

2.8.4 The responsibility of the Architect for performing the Architect's obligation under this Agreement and under the construction contract(s) is not relieved or affected in any respect by the presence of, or inspection by, employees or other agents of the Owner. The Architect agrees that the responsibility assumed by the Architect for approving and certifying work for payment is not shared by any employee of the Owner. 2.8.5 If, in the preparation of the drawings and specifications, the Architect fails to include any portion of the work defined in the Project requirements or essential to any system, the Architect shall be responsible to the Owner for all construction costs related to the remediation less the cost the Owner would have incurred had there been no omission. 2.8.6 During the course of construction, it may be necessary to make changes in the scope of the work, changes in the Project requirements which are required by the Owner and changes in the basic services as described herein. The Architect shall prepare or revise drawings, specifications and supporting data and other services in connection with Owner-directed proposed changes. Owner approval is required prior to execution of the changes. The Architect will be compensated in accordance with the fee schedule for "Additional Services", Article 6, subparagraph 6.5, herein. The Architect will receive no fee for changes caused by the Architect's errors or omissions. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 When approved by the Owner in writing the Architect may perform additional services under this Agreement. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 Unless otherwise included in Basic Services, the following services are additional services and are not included in the basic services:

.1 Land surveys and topographical drawings, and geotechnical testing.

.2 Provisions of services of consultants, which have been approved in advance by the Owner, for other than the normal architectural, structural, mechanical, civil, landscaping and electrical engineering services.

.3 Providing services made necessary by the material default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by significant failure of performance of the Contractor under the Contract for Construction.

.4 Provision of additional services made necessary by changes in the scope of work as directed by the Owner, provided such changes are not made necessary because of Architect’s errors


or omissions. With respect to Change Orders and Construction Change Directives that are not made necessary because of the Architect’s errors or omissions, preparation of such documents for and evaluating such Change Orders and Construction Change Directives that cumulatively are no more then 10% of the Construction Cost of the Project are included in Basic Services.

.5 Preparing to serve or serving as an expert witness when requested by the Owner in connection with any public hearing or legal proceeding.

.6 Providing prolonged contract administration and observation of construction should the construction time exceed 125% of the original construction time for Substantial Completion when the additional time is not due to the failure of the Architect to provide the services required under this contract in a timely manner including additional services as described herein. This provision does not cover administration of correction of listed deficiencies at the time of final occupancy inspection.

.7 Providing consultation concerning replacement of any work damaged by fire or other casualty during construction and the warranty period and furnishing services as may be required in connection with the replacement of such work.

.8 Providing design related services for unforeseen conditions discovered during the course of construction.

.9 Providing services in connection with evaluating more than a reasonable number of substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom.

ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding its requirements for the Project. 4.2 To avoid unreasonable delay in the Architect's work the Owner shall render decisions within fourteen (14) days pertaining to written requests, submissions or proposals of the Architect. 4.3 The Owner shall furnish information required as expeditiously as possible for the orderly progress of the work. 4.4 The Owner shall have the option to employ or retain inspectors or independent consultants as is deemed appropriate for the Project. The Architect shall cooperate and provide information to the inspectors and consultants. The retention of such consultants and inspectors shall not relieve or modify the Architect's responsibilities on the Project and shall be solely for the benefit of the Owner. 4.5 The Owner is the authority having jurisdiction for Florida Building Code compliance and the Owner’s Building Official shall enforce the requirements of the Florida Building Code. Any acts or omissions by the Owner will not in any way relieve the Architect of the Architect's responsibilities under this Agreement. ARTICLE 5 TIME & ORDER OF ARCHITECT'S SERVICES 5.1 GENERAL 5.1.1 The Architect shall furnish the documents and provide the services herein required in such sequence and at such times as may be necessary for the prompt execution of the work of design and construction of the Project. 5.1.2 The Architect agrees to prepare and deliver to the Owner the following:

.1 Schematic documents within the calendar days as outlined in the Design Schedule, Article 17.2, provided by the Owner.

.2 Design development documents within the calendar days as outlined in the Design Schedule, Article 17.2, provided by the Owner.

.3 Construction documents within the calendar days as outlined in the Design Schedule, Article 17.2, provided by the Owner.

.4 Failure to meet the contract schedule and any amendment thereto without written approval of the Owner shall be construed as a failure to perform.

5.1.3 The Architect agrees to proceed with each succeeding phase after the Owner's written acceptance of each phase’s documents.


5.1.4 The Architect will be evaluated by the Owner at the end of the construction of the Project. The results of this evaluation may be considered at future selection of architects. A copy of the evaluation will be available to the Architect after its completion. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 GENERAL 6.1.1 The Owner will pay the Architect for the Architect's services as provided under this Agreement. 6.2 ARCHITECT’S FEE 6.2.1 The Architect's fee shall be a fixed fee in the amount of paid pursuant to the provisions of Article 6, subparagraph 6.2.4, and 6.5 Additional Services, subparagraph 6.5.2 Fixed hourly rates. 6.2.2 The Architect’s fee is based on the following:

.1 Schematic Design $

.2 Design Development $

.3 Construction Documents $

.4 Bidding $

.5 Construction Administration $

.6 Base Architectural/Engineering Fee $

.7 Extended Programming / Concept Design $

.8 On-site Civil Work $

.9 Landscape / Irrigation Design $ .10 Detailed Cost Estimates per Each Submittal $

Total $ 6.2.3 Should any requirement be made by the Owner at any time during the design, the nature of which would result in additional design costs, the Architect shall immediately advise the Owner thereof in writing and only proceed with the written approval of the Owner. 6.2.4 Payment of Architect's basic fee shall be made monthly by the Owner in the following manner and shall be in proportion to services performed within each phase of services.

.1 First Phase: An amount not to exceed the fixed fee for schematic design, upon acceptance and approval of the schematic documents by the Owner.

.2 Second Phase: An amount not to exceed the fixed fee for design development, upon acceptance and approval of the design development documents by the Owner.

.3 Third Phase: An amount not to exceed the fixed fee for construction documents, upon acceptance and approval of the final Construction documents and issuance of a building permit by the Owner.

.4 Fourth Phase: An amount not to exceed the fixed fee for bidding upon award of the bid by the Owner.

.5 Construction Administration Phase: The remaining fixed fee for basic services shall be due from time to time during construction in proration to the overall percentage of completion reflected in progress payments due the Contractor.

.6 No deduction shall be made from the fee due to liquidated damages or other sums withheld from payment to the Contractor.

.7 If, after bids have been taken, the lowest and best bid exceeds the final budgeted amount and the Owner elects not to award a construction contract, no further payments shall be due the Architect.

6.3 FINAL PAYMENT 6.3.1 Final payment is due upon receipt of the items below.

.1 The work is completed by the Contractor and accepted by the Owner.

.2 Record copy of "as-built" plans, manufacturers' manuals and other Project related documentation are delivered to and approved by the Owner.

.3 The Certificate of Final Inspection (CFI) has been approved by the School Board of Volusia County Florida.


6.4 REIMBURSABLE EXPENSES 6.4.1 Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect in the interest of the Project:

.1 Fees paid by the Architect to governmental authorities having jurisdiction over the Project for securing required approval or permitting of the Project or any phase or portion of it.

.2 Reasonable cost to the Architect of the services of special consultants retained by the Architect for the unusual and extraordinary structural, mechanical and engineering consultation and work on the Project when requested and approved in advance by the Owner.

.3 Expense of any renderings, models and mock-ups requested by the Owner.

.4 The costs for “hand delivery couriers” and overnight deliveries shall not be reimbursed by the Owner without advance written approval from the Owner.

.5 The Architect's printing expense shall be reimbursed to the Architect at the direct cost of printing plans and specifications. Architect shall submit copies of the printing invoices along with the Architect's invoice.

6.4.2 No type of travel or mileage expenses will be paid by the Owner. 6.4.3 All reimbursable expenses shall be itemized separately from services invoiced for the Architect’s fee. 6.4.4 Prior to incurring any of the aforesaid reimbursable expenses or any reimbursable expense not mentioned in this agreement, the Architect must obtain the written approval and authorization of the Owner. No cost will be paid by the Owner to the Architect for any such reimbursable expenses unless written approval and authorization is obtained by the Architect from the Owner before such expenses are incurred. The Architect shall specify in detail in writing to the Owner the nature and estimated amount and cost of such proposed reimbursable expenses and the need therefore. 6.4.5 Each month, the Architect shall provide the Owner with its statement for any Additional Services and Reimbursable Expenses incurred in the preceding month. Any such Services or Expenses not included in said statement shall be deemed waived by the Architect. 6.5 ADDITIONAL SERVICES 6.5.1 Fees for additional services if required shall be in writing and shall indicate the number of professional hours of service by job category plus any additional charge. 6.5.2 Fixed hourly rates:

.1 Principal $

.2 Sr. Officers / Associates $

.3 Sr. Project Architect / Engineer / Project Manager $

.4 Project Architect / Engineer $

.5 Specifications Writer / Cost Estimator $

.6 Job Captain / Intern $

.7 Sr. CADD Technician $

.8 Jr. CADD Technician $

.9 Clerical / Support Personnel $ Modify the list above to reflect staffing. ARTICLE 7 CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA) 7.1 If the total fee paid to the Architect exceeds the threshold amount provided in Florida Statute 287.017 for Category Four, the following provisions of the Consultants' Competitive Negotiation Act, Section 287.055 (5) (a), Florida Statutes, shall apply:

.1 The Architect shall execute and furnish to the Owner a "Truth-in-Negotiation Certificate", stating that wage rates and other factual unit costs supporting compensation are accurate, complete, and current at the time of executing the contract.


.2 The Owner will furnish the "Truth-in-Negotiation Certificate" form to the Architect upon request.

.3 Should the Owner determine the contract amount was increased due to inaccurate, incomplete or non-current wage rates and other factual costs, the original contract amount and any additions thereto shall be adjusted to exclude any such sums.

ARTICLE 8 CONTRACT REPRESENTATIVES 8.1 OWNER’S REPRESENTATIVES 8.1.1 The Owner's representative is the Superintendent or designee. 8.2 ARCHITECT’S REPRESENTATIVE 8.2.1 The Architect’s authorized representative is . Any change in representation must be approved by the Owner. ARTICLE 9 OWNERSHIP OF DOCUMENTS All plans, drawings, specifications, computations, sketches, data, models, photographs, renderings and other like materials relating to the services ”Documents” shall become the property of the Owner at the conclusion of the project, or termination of the services of the Architect, whichever is earlier, and shall be delivered to the Owner clearly marked and identified and in good order. Notwithstanding anything contained within this Agreement to the contrary, the Owner shall be entitled to use the construction documents prepared by the Architect under this Agreement for this project and subsequent Projects of the School Board of Volusia County Florida. In the event the construction documents are used by the Owner for subsequent projects, the Architect shall be paid a reasonable fee for specific site development, design revisions, and construction administration provided that the Owner deems such services are necessary and the Architect is available to perform such services. However, under no circumstances shall the Owner be required to pay the Architect a royalty or reuse fee for its use of the construction documents as contemplated herein. ARTICLE 10 INSURANCE 10.1 Professional liability insurance must be maintained by the Architect to protect the Owner against errors and omissions. For projects up to $10,000,000 insurance coverage should be $1,000,000; projects from $10,000,000 to $50,000,000 insurance coverage should be $2,000,000; projects $50,000,000 and above insurance coverage should be $5,000,000. If there are unusual conditions surrounding a project, the value may be adjusted but conditions should be noted and approved by the Owner. Depending upon complexity and value of the project Owner may require the Architect to purchase additional project specific coverage. The term of these policies shall be in force upon the date of execution of this Agreement and shall extend as long as the Architect is providing services under the contract. These policies shall provide protection for the Owner for the maximum time period during which a claim may be filed under applicable statues of limitation. The Architect shall provide to the Owner, upon execution of this Agreement, certificates of insurance providing for the coverage required above. These certificates shall state that the insurance company shall notify the Owner in the event of cancellation, termination, non-renewal or material change in these policies, including, but not limited to, any reduction in the coverage provided by the policies. 10.2 The Architect shall require each consultant or engineer the Architect retains to provide errors and omissions coverage on this Project. If the estimated construction value for work designed by said consultant or engineer is less than or equal to $1,000,000.00, the consultant/engineer’s professional liability insurance coverage shall equal $500,000.00. If the estimated construction value for work designed by said consultant or engineer exceeds $1,000,000.00, the consultant or engineer shall have coverage of at least $1,000,000.00. 10.3 Declining balance for defense cost Errors and Omissions insurance policies shall not be allowed. Should the Architect or a consultant or engineer desire to submit a declining balance for defense cost policy, said policy will only be acceptable provided it is for double the coverage amounts provided herein, at no extra charge. Deductibles shall not exceed $50,000.00. 10.4 The Engineer shall purchase and maintain the following insurance for the life of this contract. 10.4.1 Worker’s Compensation .1 Statutory


10.4.2 General Liability .1 Bodily Injury:

$100,000.00 per Claimant $300,000.00 per Incident

.2 Property Damage: $100,000.00 per Claimant $300,000.00 per Incident

.3 Personal Injury, with Employment Exclusion deleted: $1,000,000 annual aggregate 10.4.3 Automobile Liability .1 Bodily Injury:

$300,000.00 per Claimant $500,000.00 per Incident

.2 Property Damage: $100,000.00 per Claimant .3 The insurance carrier shall provide the Owner with a certificate evidencing that all of the specified insurance is in force. ARTICLE 11 ARCHITECT’S RESPONSIBILITIES 11.1 The Architect will provide copies of all contracts with the Architect's consultants and engineers to the Owner. The Architect will also provide copies of insurance certificates. The Architect further agrees to provide copies of additions or revisions, as they occur, to the contracts and insurance certificates. 11.2 The Architect shall be acting as an independent contractor at all times during the performance of Architect’s services. No provision of this Agreement shall create an employment or agent relationship between the parties. 11.3 INDEMNITY 11.3.1 The Architect hereby indemnifies and holds harmless the Owner, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Architect and persons employed or utilized by the Architect in the performance of this contract. ARTICLE 12 PROHIBITION AGAINST CONTINGENT FEES The Architect warrants that the Architect has not employed or retained any company or person, other than a bonafide employee working solely for the Architect, to solicit or secure this Agreement and that the Architect has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Architect, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contracted fee or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 13 CANCELLATION 13.1 Time is of the essence in this Agreement. Upon failure of the Architect to perform services herein provided or within the time limits herein provided or subsequently agreed upon, the Owner may cancel this agreement provided written notice of such failure is first given to the Architect and such failure is not corrected within ten (10) days thereafter. The Architect shall be paid for services performed to the date of receipt of notification of cancellation. However, the Owner shall not be required in such case to pay for work done on plans not completed and provided in a timely manner. The inclusion of this cancellation right in this agreement shall not bar the Owner from seeking other remedies, including damages, due to the Architect’s failure to perform. 13.2 If this Agreement is terminated by the Owner for any reason other than failure of the Architect to comply with the Agreement stipulations, then payment shall be made to the Architect for all work performed to date of cancellation. Any termination under this paragraph shall be at the Owner’s discretion and shall be deemed a termination for convenience.


ARTICLE 14 LITIGATION AND MEDIATION Claims, disputes or other matters in question between the parties to this Agreement shall be first subject to presuit mediation prior to the filing of any legal claims or litigation. Completion of presuit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Agreement. Failing agreement of the parties on the selection of a mediator and the date of mediation, mediation shall be conducted pursuant to the Mediation Rules of the American Arbitration Association. The laws of the State of Florida shall govern this Agreement. Any legal actions arising from disputes, claims or other matters in question between the parties to this Agreement shall be brought to a state court located in Volusia County Florida, for their resolution. THE PARTIES HEREBY EXPRESSLY WAIVE VENUE IN THE FEDERAL COURTS OF THE UNITED STATES AND WAIVE TRIAL BY JURY. ARTICLE 15 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the 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 the Owner and the Architect. ARTICLE 16 ARCHITECT’S RECORDS Records and Reimbursable Expenses and expenses pertaining to Additional Services and services performed based on hourly rates and all records and documents prepared or received by Architect related to the Project shall be available to the Owner or the Owner’s authorized representative at mutually convenient times for at least five years after Substantial Completion of the Project. ARTICLE 17 DESIGN CRITERIA, DESIGN SCHEDULE AND CONSTRUCTION SCHEDULE 17.1 DESIGN CRITERIA (Data provided by the Facilities Planning Department) 17.2 DESIGN SCHEDULE

.1 Programming and Schematic Design Development:

.2 Design Development Documents:

.3 Construction Documents: 17.3 CONSTRUCTION SCHEDULE

.1 Bidding:

.2 Construction Administration: ARTICLE 18 OTHER TERMS, CONDITIONS OR SERVICES 18.1 PUBLIC RECORDS COMPLIANCE 18.1.1 If the Architect has questions regarding the application of Chapter 119, Florida Statutes, to the Architect’s duty to provide public records relating to this contract, contact the Custodian of Public Records at (386) 734-7190 extension 20119, [email protected] or 200 North Clara Avenue, DeLand Florida 32720. 18.1.2 The Architect shall:

.1 Keep and maintain public records required by the school district to perform the service;

.2 Upon request from the school district’s custodian of public records, provide the school district’s with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Architect does not transfer the records to the school district; and

.4 Upon completion of the contract, transfer, at no cost, to the school district all public records in possession of the Architect or keep and maintain public records required by the school district to perform the service. If the Architect transfers all public records to the school district upon

mailto:[email protected]


completion of the contract, the Architect shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Architect keeps and maintains public records upon completion of the contract, the Architect shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the school district, upon request from the school district’s custodian of public records, in a format that is compatible with the information technology systems of the school district.

This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Architect for use in the administration of the Contract, and the remainder to the Owner.

THE SCHOOL BOARD OF VOLUSIA COUNTY FLORIDA

WITNESS (Signature) CHAIRMAN (Signature)

(Printed name) (Printed name)

WITNESS (Signature) SECRETARY (Signature)

(Printed name) (Printed name)

WITNESS (Signature) ARCHITECT (Signature)

(Printed name) (Printed name and title)

ATTACHMENT C

3750 Olson Drive, Daytona Beach Florida

ARCHITECT SELECTION FOR

[Insert project information]

Committee Meeting Rating Sheet to Short-List

[Insert date]

Committee Members: (initial after your name)

[Insert committee members for this selection]

PROFILE RATING SCORE (A) (B) (C) (D) (E)

Firms

Distance from Arch

to DB (miles)

Volume of Work with

VCS (last 5 yrs)

Past Performance

1 – 5

Timeline & Budget

Adherence 1 – 5

Experience & Ability

1 – 5 TOTAL

Volume of Work: Rating Items (C) – (E): $0 - $250,000 = Low point values = 1 poor; 3 average; 5 outstanding $251,000 - $750,000 = Medium $751,000 + = High

ATTACHMENT D

3750 Olson Drive, Daytona Beach Florida

ARCHITECT SELECTION FOR

[Insert project information]

Interviews of Firms by Selection Committee [Insert date]

RATING SHEET

Committee Members: (initial after your name)

[Insert committee members for this selection]

(A) (B) (C) (D)

FIRMS

Recent/Current Workload of Firm

1 - 5

Understands Project Scope/Requests

1 - 5

Approach & Method 1 - 5 TOTAL

Items (A), (B) & (C) Point Values: 1 poor; 3 average; 5 outstanding