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Request for QualificationsRFQu# 20/21-01

forArchitectural Services

For single projects under $1,000,000

Prepared By:David Chojnacki, CPPPAssistant Director, Procurement Department4200 Congress Avenue, PS#101Lake Worth, Florida [email protected]

TABLE OF CONTENTS

Title PageNotice to Proposers 3Background 4Intent 4Scope of Work 5Proposal Submission Deadline 7Proposal Questions 8Administrative Information 8Instructions for Preparation of Proposals 11Evaluation and Award 12General Requirements 15Additional Information - Protest 23Ruling Order of Documents 25Questionnaire 26Questionnaire Certification Form 28Reference Form 29E-Verify Form 30Drug-Free Form 31Code of Ethics Form 33Architect Verification Form 34Non-collusion Affidavit 35Checklist 36Appendix A - Sample PBSC Contract for Architects 37

NOTICE TO ALL PROPOSERS

RFQu# 20/21-01 Architectural Services P a g e | 2

To ensure fair consideration is given for all Proposers, it must be clearly understood that upon release of the request and during the proposal process, Architects and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact with College employees, department heads or elected officials, up to and including the Palm Beach State College District Board of Trustees. The “cone of silence” is in effect for this solicitation from the date the RFQu is advertised on DemandStar, until the time an award decision has been approved by the Palm Beach State College District Board of Trustees and fully executed by all parties. Such contact may result in the vendor being disqualified. All contact must be coordinated through Mr. David Chojnacki for the procurement of these services.

All questions regarding this RFQu are to be submitted in writing to David Chojnacki, Assistant Director, Procurement via e-mail [email protected], or by phone 561-868-3465. Please reference the RFQu/Solicitation number on all correspondence to the College.

All questions, comments and requests for clarification must reference the RFQu / Solicitation number on all correspondence to the College. Any oral communications shall be considered unofficial and non-binding.

Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

*NOTE: All addendums and/or any other correspondence (general information, question and responses) to this RFQu will be made available exclusively through the DemandStar and the College’s website for retrieval. Proposers are solely responsible for frequently checking this website for updates to this RFQu.

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS.PROPOSERS ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS.1.02.0 BACKGROUND

Palm Beach State College, a richly diverse comprehensive two-year institution with a history of achievement since 1933 transitioned in 2010 to a four-year State College offering selected degrees in critical shortage areas. Our college is dedicated to serving the expanding educational needs of the residents of Palm Beach County by providing new four-year baccalaureate degrees and continuing to


offer traditional associate in arts, associate in science and associate in applied science degrees, professional certificates, workforce development and lifelong learning.

The Palm Beach State College Mission:

Palm Beach State College provides accessible, student-centered teaching and learning experiences in academic, technical and lifelong learning to transform lives and strengthen our community.

Palm Beach State College seeks to contract with Architects for Palm Beach State College Projects. This document contains the information and proposal requirements for interested Architects.

The purpose of this Request for Qualifications (RFQu) is to review proposals from Architects and to select architectural firms to provide Architectural Services for various construction, remodeling, and renovations projects to Palm Beach State College facilities.

Services will include a variety of small construction projects located on any or all five (5) Palm Beach State College Campuses in Palm Beach County, Florida. These projects may include new buildings as well as remodeling, renovation, maintenance and repair of existing facilities. Additionally, the Architect may be requested to provide studies, facility assessments, programming and cost estimates. Incidental project engineering services may be required for construction projects including, but not limited to electrical power, HVAC, plumbing, security, fire sprinklers, alarm systems, data, telephone services, emergency power and energy management as well as considerations for energy conservation and ADA accessibility. The maximum construction cost of each individual project shall not exceed $1,000,000 or a lesser stipulated amount as authorized by the Palm Beach State College District Board of Trustees and in conformance with the requirements of Florida Statutes including FS 287.055.

3.0 INTENT

The intent of selecting architectural firms is to efficiently execute projects with an estimated cost of under $1,000,000 from design to completion. Projects needing design will not exceed one million dollars ($1,000.000.00) construction cost per project. Selected qualified Architects will be evaluated annually for renewal over a three-year period. Projects may be located on any of the campuses of Palm Beach State College located in Palm Beach County, Florida. The College currently has facilities in the following locations: Lake Worth Boca Raton Palm Beach Gardens Belle Glade Loxahatchee Groves West Palm Beach

The selected Architects will be required to work under the direction of the College District Facilities Planning and Construction Department and the College’s Building Code Official. Selected Architects will provide architectural services on projects that may include but not be limited to:


Studies, Programming, Conceptual Design, Facility Evaluation, and Cost Estimating for new

construction Building Remodeling, Renovations, Additions and Expansions Recreation Facilities Upgrades Deferred Maintenance Projects for Building Maintenance, Roofing, Window and Door Replacements Lighting Upgrades (Interior, Theater, Exterior, Street, Signage, Athletic Fields) Streets, Parking Lots, Walkways Site Development Projects including Landscaping, Irrigation, Underground Utilities Interior Design,Materials, Furniture and Equipment selections

To demonstrate capability for performance of the required services, proposers must reply to this solicitation and the instructions contained herein.

NOTE: The College may not accept proposals from Architects that have had adversarial relationships with the College or Architects that have represented entities that have had adversarial relationships with the College. This includes the Architect, employees and financial or legal interests.

Through this RFQu #20/21-01 Request for Qualifications for Architects, the Proposer agrees to perform all architectural work pursuant to individual projects. Palm Beach State College is seeking architectural services from qualified companies for projects as defined and specified by our Facilities Department.

This RFQu expresses the Colleges’ proposal requirements that must be followed by any individual or entity (hereinafter referred to as the “Proposer”) desiring to present a proposal. The College will consider all qualified responses to this RFQu and will evaluate each proposal based on the qualifications as set forth herein.

The proposals from interested, qualified individuals or Architects for RFQu #20/21-01 must be received by the Procurement Department (via Demanstar) no later than Tuesday December 8, 2020 @ 2:00PM(ET).

3.0 SCOPE OF WORK

Scope of Work is determined by individual projects as determined by the Palm Beach State College Facilities Planning and Construction Department.

4.0 PROPOSAL SUBMISSION

The submission of proposals must be submitted electronically through DemandStar by Architects responding to this RFQu. All proposals must be compatible with Microsoft Office 2007. The Proposer can only view/submit his/her proposal and will not have access to any other proposals. The Proposer’s E-Proposal may be changed at the Proposer’s discretion until the RFQu Due Date and Time is reached. The Proposer will no longer be allowed to change or have access to the proposal submittal after the RFQu Due Date and Time as the College will open all proposals on said date. Any Proposer who is submitting an E-Proposal for the first time is strongly encouraged to contact DemandStar by e-mailing questions to [email protected].

All proposals shall be submitted through DemandStar, [email protected] by completing all required documents. The forms needing signature should be printed and signed in


mailto:[email protected]


blue ink and then scanned into your package. All proposals are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.

A. Open ‘Request for Qualifications (RFQu) Specifications, #20/21-01’ in DemandStar.

B. Download the RFQu and save to your hard drive, program is in Word 2007 Professional.

C. Complete all forms and requested information; electronically sign the forms within the RFQu where indicated.

D. Upload in one file the Proposal Reply for RFQu#20/21-01, proposal response formatted as instructed on Pages 11, and 31.

E. The Submit button at the bottom of the page in DemandStar must be selected to send the documents.*** Only electronic replies are required. No hard copies will be accepted. Please limit entire proposal to no more than 1.5 mb ***

NOTE: The College may not accept proposals from Architects, that have had adversarial relationships with the College or Architects that have represented entities that have had adversarial relationships with the College. This includes the Architect, employees and financial or legal interests. The College will not enter into a contract or conduct business with any Architect or any personnel that is listed on the Federal, State, or other local government agencies' Excluded Parties List, Suspended List or Debarment List.

CAUTION

It is the sole responsibility of the Proposer to assure that his or her proposal is uploaded to DemandStar on or before the RFQu Due Date and Time. The College shall in no way whatsoever be responsible for any delays caused by any power outages or internet failures. No exceptions will be made.

NOTICE OF PROPOSALS BEING PUBLIC RECORDSAny material that is submitted in response to this RFQu, may become a public document pursuant to Chapter 119 of the Florida Statutes. If information submitted in response to a procurement is believed to be confidential, proprietary or trade secret information, the responding entity should identify the information as such in writing and submit it in a separate responsive package. Palm Beach State College will comply with all public record laws, including those exempting disclosure of trade secret information pursuant to Florida law. Proposer is solely responsible for all cost and actions associated with any litigation or challenge as to the exemption of any materials submitted.

5.0 PROPOSAL SUBMISSION DEADLINE AND SCHEDULE OF EVENTS

Proposals shall be submitted no later than the Proposal Deadline time and date. Proposers shall respond to this written RFQu and any exhibits, attachments, or amendments. A Proposer’s failure to submit an proposal as required before the deadline shall cause their proposal to be disqualified. Under no circumstances shall proposals delivered to or received by the College after the RFQu Due Date and Time


be accepted or considered. Late proposals will be returned to the Proposer unopened. It is the sole responsibility of the Proposer to ensure that the proposal reaches the Procurement Department or DemandStar.com on or before the RFQu Due Date and Time. The College shall in no way be responsible for any delays arising from or caused by any occurrence whatsoever in its receipt of any proposals after the RFQu Due Date and Time. No exceptions will be made.

5.1 Proposal Due Date

Tuesday December 8, 2020 @ 2:00PM(ET). Responses are required to be uploaded into Demandstar.com. See Section 4.0 for instructions.

5.2 Pre-Proposal Conference

The College will hold one Pre-Proposal ZOOM Conference: Monday, November 9, 2020 @ 10:00AM (ET) via Zoom. If you wish to participate, you must register through Demandstar by clicking on the Zoom link. Attendance at the Pre-Proposal Zoom meeting is voluntary and not a pre-requisite to submitting an Proposal; however, it is strongly encouraged that all potential Proposers participate.

TENTATIVE SCHEDULEThe following projected timetable should be used as a working guide for planning purposes. The College reserves the right to adjust this timetable as required during the course of the RFQu process. It is the intent of the College to have this selection completed within a limited time frame. Therefore, priority will be given to Architects who recognize and display the ability to work within the restrictions of the following tentative schedule:

REVIEW AND SELECTION PROCESSACTION DATE TIMERelease Date Monday, November 2, 2020Pre-Proposal Zoom Conference Monday November 9, 2020 10:00AM (EST)Questions Due from Architects Friday, November 13, 2020 5:00PM (ESTAnswers Posted on DemandStar and College Website

Thursday November 19, 2020 5:00PM (EST)

Proposals for RFQu Due on Demandstar.com Tuesday December 8, 2020 2:00 PM (EST)Evaluation Committee Meeting* Tuesday December 15, 2020 9:00 AM (EST)Proposer Notifications/ Posting of Finalists Friday December 18, 2020 2:00 PM (EST)Presentation/Interviews January 11-14, 2021 8:00 AM-5:00 PM Evaluation Committee Meeting* January 15, 2021 9:00 AM (EST)** Approval by PBSC District Board of Trustees Tuesday, February 16, 2021 1:30PM (EST)

* Evaluation Committee will meet virtually.**District Board of Trustee Meetings are held at 1:30PM once per month, location varies. Please check College’s website to confirm time and location. Recommended firms are not required to attend.


6.0 PROPOSAL QUESTIONSAll questions related to the RFQu must be directed to David Chojnacki, Assistant Director in the Procurement Department. All communication should be in writing. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number. Questions may be emailed to [email protected].

6.1 Questions Due DateFriday, November 13, 2020 @ 5:00PM (EST)Late questions will not be accepted or answered.

6.2 Answers Posted in DemandStar.comWednesday November 18, 2020 @ 5:00PM (EST)

7.0 ADMINISTRATIVE INFORMATION

7.1 RFQu Facilitator (referred to herein): The main point of contact for this RFQu shall be:David Chojnacki, CPPPAssistant Director, Procurement4200 Congress Avenue, PS #101Lake Worth, Florida 33461-4796E-mail: [email protected]: 868-561-3465

Upon release of this RFQu, all proposer communications concerning this solicitation must be directed to the RFQu Facilitator.

7.2 CommunicationsDuring the proposal process, Architects shall not contact College staff. Additionally, Architects and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact outside the College offices with College employees, including District Board of Trustee members. Such contact may result in the firm being disqualified. All contact must be coordinated through David Chojnacki, RFQu Facilitator, for this solicitation.

All communication should be in writing to the RFQu Facilitator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number and should be submitted no later than Friday, November 13, 2020 @ 5:00PM (EST).

The College shall respond in writing to written communications. Such response shall constitute an addendum to the RFQu. Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

7.3 Proposal Preparation Costs




The College shall not be responsible or liable for any costs associated with the preparation, proposal, presentation, or other costs incurred by participating in this procurement process.

7.4 Proposal Withdrawal:A proposing Architect may withdraw their Proposal by submitting a written request for its withdrawal, such request having the signature of an authorized company representative, to the College RFQu Facilitator at any time prior to the submission deadline. The Architect may thereafter submit a new Proposal prior to the deadline. Modifications offered after the deadline will not be considered. Proposals are considered valid for a period of 120 days.

7.5 Proposal Amendment:The College shall not accept any amendments, revisions, or alterations to proposals after the deadline for proposal unless such is formally requested in writing.

7.6 Ambiguity, Conflict or Errors in RFQu:Due care and diligence have been used in the preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer.

If an Architect discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQu, he shall immediately notify the College of such error in writing and request modification or clarification of the document. Any modification made to this RFQu will be issued as an addendum. Written notice will be given to all parties who have been furnished with the RFQu without divulging the source of the request.If an Architect fails to notify the College prior to the date and time fixed for submission of an error or ambiguity in the RFQu known to him, or an error or ambiguity that reasonably should have been known to him, he shall not be entitled to additional time by reason of the error/ambiguity or its late resolution.

The College may also modify the RFQu prior to the date and time fixed for submission of proposals by issuance/posting of an addendum. All addenda will be numbered consecutively beginning with the number 1.

7.7 Proposal Acceptance Period:Each proposal shall be valid for a period of one hundred twenty (120) days after the RFQu submission deadline date to allow time for evaluation, selection, and any unforeseen delays. The one hundred twenty (120) days may be extended upon agreement of the parties.

7.8 Right to Rejection:7.8.1 The Palm Beach State College reserves the right, at its sole discretion, to reject

any and all proposals/proposals or to cancel this RFQu entirely if determined to be in the best interest of the College. Any Architect who is currently involved, either directly or indirectly with any litigation against or involving the College, which, as determined by the Palm Beach State College District Board of Trustees majority vote, may not be in the best interest of the College may be disqualified and/or not considered for an award


7.8.2 Any proposal received which does not meet the requirements of this RFQu may be considered non-responsive, and the proposal may be rejected. Proposers must comply with all the terms of this RFQu and all applicable federal, state and local laws and regulations. The College may reject any proposal that does not comply with all the terms, conditions, and performance requirements of this RFQu.

7.8.3 The College reserves the right, at its sole discretion, to waive any technicality in proposals provided such action is in the best interest of College. Where the College waives minor technicalities in proposal, such waiver does not modify the RFQu requirements or excuse the proposer from full compliance with the RFQu. Notwithstanding any minor technicalities, the College may hold any proposer to strict compliance with the RFQu.

7.9 Implied Requirements:Products and services not specifically mentioned in this RFQu, but which are necessary to provide the service described by this RFQu, shall be included in the proposal. It is intended that this RFQu describe the requirements and response format in sufficient detail to secure comparable proposals.

7.10 Proposal of Additional Services:If a proposer indicates an offer of services in addition to those required by and described in this RFQu, these additional services may be procured by the College under separate solicitations.

7.11 Proposal Evaluation:Proposals received will be evaluated within the guidelines outlined in Florida Statute 287.055 (4)(a)(b). That section reads as follows:

(4) COMPETITIVE SELECTION.(a) For each proposed project, the agency shall evaluate current statements of

qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services.

(b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The agency may request, accept, and consider proposals for


the compensation to be paid under the contract only during competitive negotiations under subsection (5).

8.0 INSTRUCTIONS FOR PREPARATION OF PROPOSALS

A. Qualification Information . The submitted response to the RFQu must contain detailed and concise qualifications of the Architect and personnel. Proposers should respond in enough detail so that the specific guidelines and purpose are clearly represented. The response to the RFQu must include information as described below and as addressed in criteria. All proposals are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.

B. Organization . Such materials should be organized in the following format:

1. Table of contents.2. Cover letter including name, address, phone number, date of submission, name and

number of this solicitation. (Not to exceed one (1) page.)3. Completed Questionnaire (begins on page 21 of this RFQu). Note: Will include resumes,

project lists, and references.4. Completed Questionnaire Certification (Immediately follows the Questionnaire)5. Completed State of Florida E Verification Utilization Form (page 26).6. Completed Drug Free Workplace Form (page 27).7. Completed Code Of Ethics Form (page 28).8. Completed Architect Verification Form (page 30) NOTE: Attach copies of all applicable

State of Florida Licenses.9. Completed Non-Collusion Affidavit Form (page 31).10. Submit a current W-9 tax form.11. Financial Statements : Proposer will provide annual financial statements for the last two

(2) calendar years for your organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Proposer is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided.

12. Provide evidence of insurability and Bonding Capacity.13. List all performance related legal claims, litigation, demands, contracts terminated due to

non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years. Identify adverse actions sanctioned by any regulatory authorities over the last five (5) years.

9.0 EVALUATION AND AWARD

The Evaluation Committee will review all proposals and qualify Architects as guided by Florida Statute 287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties.


The qualified proposers to be recommended to the Palm Beach State College District Board of Trustees will have a limit of three (3) firms.

The Procurement Department reserves the right to request any additional information needed for clarification from any proposer for evaluation purposes.

EVALUATION COMMITTEE COMPOSITION

The RFQu Evaluation Committee will be comprised of five (5) committee seats as recommended by Facilities Management and Procurement as follows:

1. Director, District Facilities2. Facilities Planning Manager3. Associate Dean, Industrial and Technical Programs4. Financial Systems Administrator5. Member, District Board of Trustees

9.1 Evaluation Process

All proposals shall be reviewed by the RFQu Facilitator to determine compliance with basic proposal requirements as specified in this RFQu. Proposals will be reviewed for completeness of required documentation by the RFQu Facilitator. Incomplete proposals, as determined by the Facilitator, may disqualify the proposal.

Phase I: Proposals will be independently evaluated and scored by an Evaluation Committee. For clarification purposes, the College may request additional information from some or all the responding Architects. The following criteria will be used in the scoring:

Criteria Maximum Points-100

Related Project Experience

Consideration will be given to the firm’s successful completion of previous projects comparable in design, scope, and complexity to those that the College may undertake. List no more than five (5) design projects which best illustrate the experience of the firm and how that experience matches up with potential College projects. The majority of individual projects issued under this contract will be for minor renovation and remodeling work within existing buildings with an estimated cost under $1,000,000. The Evaluation Committee will consider Related Project Experience in the Interview and Presentation (Phase II) stage and may adjust their initial (Phase I) scores in this category.

35 Points

Qualifications of Assigned Professionals

Resumes for no more than five (5) professional staff members that could potentially be assigned to a College project must be included with the submitted information. The resume should include both the years of experience with the proposing firm and the years of experience obtained while working in a similar capacity for other firms. The Evaluation Committee will consider Qualifications of Assigned Professionals in the Interview and Presentation (Phase II) stage and may adjust their initial (Phase

30 Points


I) scores in this category.References Five (5) References are required. Use the Reference Form (on

page 25). The form should be sent to your references for completion. It is your responsibility to return completed forms with your proposal. Palm Beach State College shall not be used as a reference if you are currently doing business with the College.

15 Points

Financials The firm’s financial statements will be analyzed to determine the firm’s relative financial stability, insurability, and bonding capacity. Proposers are required to submit financial documentation as outlined in Section 8, B. 11. ‘Financial Statements’ of this RFQu. The firm’s performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years will be reviewed. Any adverse actions sanctioned by any regulatory authorities over the last five (5) years will also be reviewed. The Architect shall disclose any suspension or debarment by any government entity; any prior conviction for bribery theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, any prior violation of College or County ethical standards for review.

10 Points

Diversity The College encourages engagement with qualified Minority or Women-owned Business Enterprises (M/WBE). Proposer is to submit a copy of their current valid State of Florida Certification as an M/WBE owned firm.

5 Points

Contract Work with Palm Beach State College

This category is to evaluate the amount of work or contracts awarded by the College to the firm during the past five calendar years. It is the desire of the College to engage companies that have not had an opportunity to work for the College in the past but have the credentials and experience to do so. Points will be assigned according to the following scale, based upon the design cost of all design projects contracted with the proposer firm and the College during the past five years: a. $0.00 = 5 points b. $1 - $100,000 = 4 points c. $100,001 – $200,000 = 3 points d. $200,001 – $300,000 = 2 points e. $300,001 – $400,000 = 1 points f. $400,001 and greater = 0 pointsThe firms are required to submit a response to question 17 in the Questionaire.

5 points

Phase II: Upon completion of Phase I scoring of the proposals by the Evaluation Committee, the top scorers will be asked to participate in a Presentation and Interview session (referred to as Phase II). The Evaluation Committee is not required to change their Phase I scores after Phase II; they can change the scores if they determine that additional information in the Presentation and Interview session was not taken into consideration in Phase I. No fewer than three firms will be recommended to the District Board of Trustees for a Continuing Contract.


Note: The College at its discretion reserves the right to contract with the top-ranking proposer(s) as it meets the needs of the taxpayers and fulfills the requirements as outlined in this Request for Qualifications.

The RFQu Facilitator shall manage the proposal evaluation process and maintain proposal evaluation records.

The College reserves the right, at its sole discretion, to request clarifications or conduct discussions for clarification with any or all Proposer’s. The purpose of any such discussions shall be to ensure full understanding of the proposal. If clarifications are made as result of such discussion, the offeror shall put such clarifications in writing. All communication (written or oral) with the Evaluation Committee will be coordinated by the RFQu Facilitator. Proposers are prohibited from contacting the Evaluation Committee members directly.

9.2 Contract Award Process:

The RFQu Facilitator shall forward the results from the proposal evaluation process along with a recommendation of firms to the College District Board of Trustees for their approval.

The College reserves the right to make an award without further discussion of any proposal submitted. There shall be no best and final offer procedure. Therefore, each proposal should be initially submitted on the most favorable terms the vendor can offer.

The highest ranked proposers shall be prepared to enter into a contract with the College. During the contract negotiation phase, the College will make a good faith effort to negotiate the best contract possible. In the event the College and the apparent highest ranked proposer cannot reach an agreement; the College may formally end negotiations by written notification to the offeror. At the College’s discretion, the College can then choose to enter negotiations with the next apparent highest ranked offeror and attempt to negotiate a contract with that offeror. The process will continue until the College has successfully negotiated a contract(s) or rejected all proposals for award.

Contract award shall be subject to the contract approval of all appropriate College officials in accordance with the applicable College Policy, Procurement Policy, State Laws, and regulations.

10.0 General Requirements

10.1 Request for Proposal - All requirements contained in the Request for Qualifications are hereby incorporated in subsequent architectural contracts.

10.2 Collusion - The College reserves the right to disqualify future bids or proposals upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Architect. More than one (1) proposal from an individual, partnership, corporation, association, Architect, or other legal entity under the same or different names will not be considered. Any or all future projects will be rejected if there is any reason to believe that collusion exists among the Architects that are prequalified under this RFQu process.

10.3 Public Entity Crime Statement - All solicitations as defined by Section 287.012(11), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as


follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.”

10.5 Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations provided by the Secretary of Labor are incorporated herein.

10.6 Permits – With the exception of Storm Water Drainage, Palm Beach State College is a self-permitting authority. Architects will be responsible to work with the Palm Beach State College Building Official for permits.The selected Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation.

10.7 Familiarity with Laws - The selected Proposer is assumed to be familiar with all Federal, State and local laws, ordinances, rules and regulations that may affect the work. Ignorance on the part of the Proposer will in no way relieve him from responsibility. The selected Proposer will submit all proposals in compliance with the 28 C.F.R. § 35.151.

10.8 Public Record Law - Any material submitted in response to this Solicitation will become a public document pursuant to Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Contractor’s refusal to comply with this provision shall constitute sufficient cause for termination of the project contracts resulting from this Solicitation.

Respondent acknowledges that all information contained within their bids on projects is part of the public domain as defined by the State of Florida Sunshine and Public Record Laws.

10.9 Retention of Records - Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any project contract resulting from this Solicitation for a period of five (5) years. Copies of all records shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. Documents must be retained by contractor within the State of Florida at an address to be provided, in writing, to the College within


30 days of the contract execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. The contractor will cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The contractor shall inform the College of the location of all records pertaining to the project contracts resulting from this Solicitation and shall notify the College by certified mail within ten (10) days if/when the records have been moved to a new location.

10.10 Governmental Restrictions - In the event any governmental restrictions may be imposed that necessitate alteration of material, quality, workmanship or performance of the items offered in future project bids prior to their delivery, it shall be the responsibility of the successful proposer to notify the College at once, indicating in their letter the specific regulation which required an alteration. The College reserves the right to accept and or reject any such alteration, including any price adjustments occasioned thereby, or to cancel the project at no expense to the College.

10.11 Legal Requirements - Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development submittal and evaluation of all future project proposals and shall govern any and all claims and disputes which may arise between person(s) submitting a future project bid and the College by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof.

10.12 Governing Law - This solicitation, and any award(s) resulting from same, shall be governed by and construed under the laws of the State of Florida and must have venue established in Palm Beach County, Florida or the United States Court of the Southern District of Florida.

10.13 Default and Litigation Costs - In the event of a default on future College facility project contracts, the defaulting party shall pay all attorney’s fees and court costs incurred by the non-defaulting party, at both the trial and appellate levels, in any action brought to enforce and collect damages arising from the default as allowable by law.

10.14 Liability - The vendor shall hold harmless the College, its officers, agents and employees from liability of any kind in the performance of future College projects.

10.15 Employment of Alien Workers - The College will comply with all aspects of Section 274A of the Immigration and Nationality Act. We will not knowingly engage with a company that does not adhere to these regulations and it is the obligation of the proposer to disclose any violation of such law to the College.

10.16 Protection of Work, Property and Personnel - The awardee shall always guard against damage and/or loss to the property of the College and shall replace and/or repair any loss or damages unless such is caused by the College. The College may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss and/or damages to the property through negligence of the awardee. The awardee shall take the necessary safety precautions to protect both personnel and property while the work is in progress simultaneously adhering to future project schedules.

10.17 Discriminatory Vendor’s List - Any entity or affiliate who has been placed on the Discriminatory Vendors List as maintained by Florida Department of Management Services may


not submit a bid to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity and may not transact business with any public entity.

10.18 Americans with Disabilities Act - The contractor shall comply with the Americans with Disabilities Act. In the event of the contractor’s non-compliance with the non-discrimination clauses of the Americans with Disabilities Act, or with any other such rules, regulations or orders, any contract resulting from this Solicitation may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts

10.19 State Licensing Requirement - All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of Business & Professional Regulation (DBPR).

10.20 Subcontracting or Assigning of the Contract – The selected Proposer shall not subcontract, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the work provided for therein, or of any right, title or interest therein, to any person, firm or corporation without the written consent of the College. Each Proposer shall list all subcontractors and the work provided by the suppliers in the area provided on the Proposal Reply Sheet. Building Systems Commissioning Services Palm Beach State College RFQu 19/20-08 Page 27 of 55 Final The successful Proposer(s) shall provide a listing of all subcontractors, suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment), other than those identified in the Proposal Reply, to the College within five (5) days after the bid opening. Such list shall be accompanied by an experience statement for each such subcontractor, supplier, person or organization if requested by College. The College, who, after due investigation, has objection to any proposed subcontractor, supplier, other person or organization, may, before the Notice of Award is given, request apparent successful Proposer to submit an acceptable substitute without an increase in Proposal price. If the apparent successful Proposer(s) declines to make any such substitution, College may award the Contract to the next acceptable Proposer(s) that proposes to use acceptable subcontractors, suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Proposer(s). Any subcontractor, supplier, other person or organization listed and to whom the College does not make written objection prior to giving of the Notice of Award will be deemed acceptable to the College subject to revocation of such acceptance after the effective date of the Contract as provided in the General Requirements. The proposer is fully responsible for all work performed under the Contract resulting from this Solicitation. The proposer may, upon receiving prior written consent from the College's Procurement Director, enter into written subcontract(s) for performance of certain of its functions under the Contract. No subcontract, which the proposer enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the proposer of any responsibility for the performance of its duties, including any and all liabilities that may arise out of the subcontractor's work related to the project. All payments to subcontractors shall be made by the proposer. The College may reject any and all subcontracts.

10.21 Insurance Requirements

Workers’ Compensation Insurance & Employer’s Liability: The Provider shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers’ Liability and must include limits of at least $100,000.00 each accident, $100,000.00 each disease/employee, $500,000.00 each disease/maximum. A Waiver of


Subrogation endorsement shall be provided. Coverage shall apply on a primary basis. Should scope of work performed by Provider qualify its employee for benefits under Federal Workers’ Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided.

Commercial General Liability Insurance: The Provider shall agree to maintain Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

Each occurrence $1,000,000Personal/advertising injury $1,000,000Products/completed operations aggregate $2,000,000General aggregate $2,000,000Fire damage $100,000 any 1 fireMedical expense $10,000 any 1 person

Additional Insured: An Additional Insured endorsement must be attached to the certificate of insurance (should be CG2026) under the General Liability policy. Coverage is to be written on an occurrence form basis and shall apply as primary. A per location aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation shall be provided in favor of the College. Coverage shall extend to independent Provider and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interests’ provision as provided under the standard ISO form separation of insurers clause.

Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall clearly state that coverage required by the Contract has been endorsed to include Palm Beach State College and Palm Beach State College District Board of Trustees, a college in the State of Florida, its officers, agents and employees as Additional Insured added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "Palm Beach State College and Palm Beach State College District Board of Trustees, a public college in the State of Florida, its officers, employees and agents and shall be listed as additionally insured.”. The Policy shall be specifically endorsed to provide thirty (30) day written notice to the College prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. In the event that the statutory liability of the College is amended during the term of this Contract to exceed the above limits, the Provider shall be required, upon thirty (30) days written notice by the College, to provide coverage at least equal to the amended statutory limit of liability of the College. Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. All contractors, subcontractor, and independent contractors utilized in this project shall furnish a Certificate of Insurance to the College in accordance with the same requirements set forth herein.

Professional Liability: Architect shall ensure that the architect(s) maintain, throughout the term of this Agreement, Professional Liability Insurance, covering acts and omissions of the architect(s), in the minimum annual coverage limit of liability not less than $2,000,000 claim and $2,000,000 aggregate, with an insurance company reasonable satisfactory to the College. Architect(s) will notify College immediately in the event he or she does not have the required coverage and will promptly remove and replace such architect(s) with another qualified architect(s). Architect shall provide College proof of all such Professional Liability Insurance covering architect(s). Before


Agreement execution, Provider shall provide College proof of all such Professional Liability Insurance, including Liability Insurance Provider maintains on its own behalf. All costs associated with maintaining Liability Insurance, shall be borne by Architect. When a self-insured retention (SIR) or deductible exceeds $10,000 the College reserves the right, but not the obligation, to review and request a copy of the architect’s most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis, the architect warrants the retroactive date equals or precedes the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, architect shall agree to purchase a SERP with a minimum reporting period not less than five (5) years. If policy contains an exclusion for dishonest or criminal acts, defense coverage for the same shall be provided.

Automobile Liability Insurance: The architect shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000.00 each accident covering any auto, owned, non-owned and hired automobiles. In the event the architect does not own any automobiles; the Business Auto Liability requirement shall be amended allowing architect to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation shall be provided. Coverage shall apply on a primary basis.

Waiver of Subrogation: The Provider shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then Provider shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Provider enter into such a Contract on a pre-loss basis.

Deductibles: All deductible amounts shall be paid for and be the responsibility of the Provider for any and all claims under this Contract. Where an SIR or deductible exceeds $5,000, the College reserves the right, but not obligation, to review and request a copy of the bidder’s most recent annual report or audited financial statement.It shall be the responsibility of the Provider to ensure that all contractors, independent contractors, and subcontractors comply with the same insurance requirements referenced above.

The Provider may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, Professional Liability or Employers’ Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, Professional Liability, or Employers’ Liability. When required by the insurer, or when Umbrella or Excess Liability is written on Non-Follow Form," the College shall be endorsed as an "Additional Insured."

10.22 Woman/Veteran/Minority Owned Business – Minority/Veteran owned business certification by Florida Department of Management Services. Your business must meet the following eligibility requirements: • Be legally registered to do business in Florida as a for-profit organization (registration through the Department of State). • Be based in Florida. • Be owned and


managed by a resident(s) of Florida. • Be 51 percent owned and managed by a woman, veteran or minority who is a U.S. citizen or permanent resident alien. • Be engaged in commercial transactions (currently doing business). • Be registered in MyFloridaMarketPlace. • Have a net worth of less than $5 million. • Have 200 or fewer full-time permanent employees. • Have a professional license, if required by the industry, in the name of the woman, veteran or minority business owner. *Note: points for this criterion will only be awarded to the prime firm holding an active Woman, Veteran, Minority, Florida Certified Business Enterprise (CBE) certification.

Woman/Veteran/Minority Owned Business- Certification is a procedure by the State of Florida to ensure that businesses claiming to be woman-, veteran- or minority-owned and controlled meet the legal qualifications. The State applies uniform criteria and procedures by which participating entities and organizations can qualify businesses to participate in procurement or contracting programs as certified minority business enterprises in accordance with the certification criteria established by law. Eligibility criteria are in Chapter 287.0943 and 295.187,FloridaStatutes(https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified).

10.23 Withdrawal of Proposal - An proposer may withdraw his/her proposal without prejudice no later than the day and hour set in the E-Proposal by removing all documents from DemandStar.

10.24 Force Majeure, Notice of Delay, and No Damages for Delay (Future Awarded Projects) - The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the College in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages or additional charges, other than for an extension of time, shall be asserted against the College. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the College agrees to, in writing, to any modification of the contract terms.

10.25 Disclosure of Litigation – The Architect shall list all performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years. The Architect shall identify adverse actions sanctioned by any regulatory authorities over the last five (5) years. The Architect shall disclose any suspension or debarment by any government entity; any prior conviction for bribery theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, any prior violation of College or County ethical standards.

10.26 Rejection of Proposals - The College may reject any and all proposals not meeting mandatory responsiveness requirements, which include terms, conditions or requirements that


https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified

must be met by the proposer to be responsive to this Solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of the proposal. In addition, the College may reject any or all proposals containing material deviations. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be reviewed. College reserves the right to reject all responsive proposals at any time if it is in the Colleges best interest determined at the sole discretion of the College.

10.27 Verbal Instructions - No negotiations, decisions, or actions shall be initiated or executed by the proposer as a result of any discussions with any College employee. Only those communications that are in writing from the College's Procurement Assistant Director identified in this Solicitation shall be considered a duly authorized expression on behalf of the College. Only communications from the proposer's representative that are in writing and signed will be recognized by the College as duly authorized expressions on behalf of the proposer.

10.28 Award of Contract - The College shall take measures as deemed necessary to determine the ability of the Proposer to perform the obligations of the Contract. The College may reject any bid where an investigation of the available information indicates a Proposer is not the most qualified to perform the obligation of the Contract. The College may require a Proposer to furnish additional statements of qualifications.

Collusion - The College reserves the right to disqualify proposals, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Proposer. More than one (1) proposal from an individual, partnership, corporation, association, firm, or other legal entity under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is interested in more than one (1) proposal for the same work will be cause for rejection of all proposals in which such Proposers are believed to be interested. Any or all proposals will be rejected if there is any reason to believe that collusion exists among the Proposers.

The award date is the date that College District Board of Trustees executes the motion to award the proposals regardless of the date the Proposer receives notification of award. Notification of the award may be given by e-mail, facsimile, U.S. mail system, courier, or on the web site.

10.29 Cooperative Purchasing Agreement - This Proposal may be expanded to include other governmental agencies provided a cooperative Purchasing Agreement exists or an Inter-Local Agreement for joint purchasing exists between the Palm Beach State College and other public agencies. Provider may agree to allow other public agencies the same items at the same terms and conditions as this Proposal, during the period that this Proposal is in effect. Each political entity will be responsible for execution of its own requirements with the selected Proposer. With the consent and agreement of the successful proposer, purchases may be made under this RFQu by other colleges, universities, school boards, political subdivisions, or state agencies. Such purchases shall be governed by the same terms and conditions stated in the solicitation as provided in the State Board of Education Rule 6A-14-0734 (2) (d).

11.0 Additional Information

11.1 PROTESTING OF CONDITIONS/SPECIFICATIONS. Any person desiring to protest the conditions/specifications in this solicitation, or any Addenda subsequently released thereto, shall file a notice of protest, in writing, within 72 consecutive hours after the receipt of the solicitation or


Addenda and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. The time provided for filing a notice of protest shall be based upon whenever a person receives this solicitation, or any Addenda released thereto. Receipt of a copy of this solicitation, or any Addenda released thereto, which is received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays or days during which the College administration is closed, shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday, Sunday, legal holiday or days during which the College administration is closed. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”.a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shall constitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, must be filed with the required bonds as noted herein shall be filed at College, Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds.PROTESTING OF AWARD RECOMMENDATIONS/TABULATIONS. Award Recommendations and Tabulations will be posted in the Purchasing Department on the date and time stipulated on the solicitation and will remain posted for 72 consecutive hours. Any change to the date and time established herein for posting of solicitation Award Recommendations shall be posted in the Purchasing Department and on the departmental web site. In the event the date and time of the posting of Award Recommendation is changed, it is the responsibility of each respondent to ascertain the revised date of the posting of Award Recommendation. Any person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 consecutive hours after the posting of the Award Recommendation (or receipt of written notice of intended decision) and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. A written notice of intended decision shall only apply when the Purchasing Department gives notice of an intended decision about this solicitation. A written notice of intended decision received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays and days during which the College administration is closed shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday or Sunday, legal holiday or days during which the College administration is closed. No submissions made after the bid opening amending or supplementing the bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. Any person who files an action protesting an intended decision shall post with the College, at the time of filing the formal written protest, a bond, payable to College, in an amount equal to one percent (1%) of the College's estimate of the total value of the contract. The College shall provide the estimated contract amount to the contractor within 72 hours, excluding Saturdays, Sundays and other days during which the College administration is closed, of receipt of notice of intent to protest. The estimated contract amount shall be established on the award recommendation as the "contract award amount". The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shall be conditioned upon the payment of all costs which


may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the College may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, the College prevails, and then the College shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. If the protestant prevails, then the protestant shall recover from the College all costs and charges which shall be included in the Final Order or judgment, excluding attorney's fees.a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shall constitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, and the required bonds, shall be filed at College, at Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds.

11.2 Preference to Florida Business - In accordance with Florida Statute 287.084, if this solicitation is for personal property, then a preference of at least five percent (5%) (see below) must be provided to businesses that have a principle place of business in the State of Florida. Vendors whose principal place of business is outside the State of Florida must submit a written opinion of an attorney as required in 287.084(2). The written opinion is only required if this solicitation is for personal property. The statute is reprinted here for your convenience: 287.084 Preference to Florida businesses. —(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.(b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available.(c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities.(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information


technology commodities which is, at a minimum, of equal scope and length as that of the contract.(b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.

12.0 RULING ORDER OF DOCUMENTS

This RFQu and the proposal response documents submitted shall be incorporated into the final individual project contracts by reference. Therefore, all requirements in this RFQu not specifically addressed in an exception statement in the contract documents, shall stand as contractual responsibilities of the proposal respondent. The AGREEMENT BETWEEN DESIGNING ARCHITECT AND THE DISTRICT BOARD OF TRUSTEES OF PALM BEACH STATE COLLEGE (Sample Contract Attached to the end of this solicitation in Appendix B) shall be the controlling document on projects, followed by the Proposal response to this RFQu and this RFQu.


QUESTIONNAIRERFQu #20/21-01

It is understood and agreed that the following information is to be used by the College to determine the qualifications of Proposers to perform the work required. The undersigned attests to the truth and accuracy of all statements made on this questionnaire. Also, the undersigned hereby authorizes any public official, consultant, surety, bank, manufacturer, distributor, corporation, or any person or organization requested by Palm Beach State College to furnish the College any pertinent information deemed necessary to verify the information on this questionnaire.

Dated this __________ day of ______________________________, 2020.

____________________________________________________________Name of Architect / Proposer

Signature: _______________________________________________________

Instructions: Please add space where needed for your responses.

1. Is your Architectural firm a Corporation, Partnership, Joint Venture, Individual or other?

2. Please list the Architect's (firm’s) legal name and main office address, telephone and fax number, e-mail, and website address.

3. Please identify the Architect's (firm’s) previous name (if any).

4. How many years has your firm been in business of providing Architectural Services?

5. How many years has your firm been in Florida as an Architect?

6. Please upload a copy of the firm’s State of Florida, SunBiz Business Certification Document.

7. List all projects in the past five (5) years where your company was awarded architectural services but did not complete the design and provide the reason for the incompletion. List the name or the entity, location, date and reasons.

8. How many design projects does your firm currently have under contract?

9. Is your firm prepared to sign the attached sample agreement, Appendix A, should your firm be approved by the District Board of Trustees of Palm Beach State College for a Continuing Contract?

10. Is your firm currently prequalified as an Architect with any other public agency in the State of Florida? If so, please provide the names of those public agencies (limit five).

11. List adverse any actions sited by regulatory authorities over the last five (5) years.

12. Does your firm have any pending agreements to merge or sell your company?


13. Provide resumes for no more than five (5) professional staff members that could potentially be assigned to a College project. The resume should include both the years of experience with the proposing firm and the years of experience obtained while working in a similar capacity for other firms.

14. List five (5) projects which best illustrate the experience of the firm and how that experience matches up with potential Palm Beach State College projects. Consideration will be given to the firm’s successful completion of previous projects comparable in design, scope, and complexity to those that the College may undertake. The majority of individual projects issued under this contract will be for minor renovation and remodeling work within existing buildings with an estimated cost under $1,000,000.

15. Provide five (5) references for architecture projects that your company completed. Use the Reference Check Form (on page 21). The form should be sent to your references, completed by the references, and returned to the firm for submittal within the proposal. It is your responsibility to return fully completed reference forms with your proposal; points will be deducted if forms are not included in the proposal. Reference Check Forms Palm Beach State College shall not be used as a reference if you are currently doing business with the College.

16. Provide a current valid copy of the firm’s State of Florida, M/WBE Certificate (if certified).

17. Based on the firm’s accounting records, identify the category that most accurately reflects the firm’s total amount of Professional Services provided to Palm Beach State College over the last five years.

a. $0.00 b. $1 - $100,000c. $100,001 – $200,000d. $200,001 – $300,000e. $300,001 – $400,000f. $400,001 and greater

18. List all performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years. The Architect shall disclose any suspension or debarment by any government entity; any prior conviction for bribery theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, any prior violation of College or County ethical standards.

ADDENDUM ACKNOWLEDGMENT - Consultant acknowledges all addenda have been received and understood. Check the PBSC Purchasing Website for all addenda issued.

AGREEMENT - Consultant agrees to comply with all requirements stated in the specifications for this RFQu.

QUESTIONNAIRE CERTIFICATION

This RFQu Proposal is submitted by: Name (print) _______________________________________ who is an officer of the above Architect duly authorized to sign proposals and enter into contracts. I certify that


this RFQu #20/21-01 is made without prior understanding, agreement, or connection with any corporation, Architect, or person submitting a proposal for the same professional services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

I agree to attend mandatory pre-bid meetings (site scope meetings), when requested to do so, as the Professional Architect representing Palm Beach State College.

The proposer understands that information contained in this Proposal Reply will be relied upon by College in awarding the Prequalification and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the College.

I certify that the information and responses provided on this Proposal Reply are true, accurate and complete. The College may contact any entity or reference listed in this Proposal Reply. Each entity or reference may make any information available to the College.

I agree to abide by all conditions of this RFQu.:

_________________________________ ________________________ Signature Title

If a corporation renders this RFQu-Proposal, the corporate seal attested by the secretary shall be affixed below. Any agent signing this RFQu-Proposal shall attach to this form evidence of legal authority.

Witnesses: If Partnership:

_________________________ ______________________________________Print name Print Name of Architect_________________________ By: ____________________________________________________________ (General Partner)Print name_________________________ If Corporation:

_______________________________________If Individual: Print Name of Corporation

_________________________ By: _____________________________________Signature (President)_________________________ Attest: __________________________________

Print Name (Secretary)REFERENCE FORM

Proposer Instructions: Architect should fill out the top portion and then send the form to the reference to complete the bottom portion. Forms should be returned to the Architect for submittal with the proposal.

RFQu Number: 20/21-01Title: Architectural Services Qualification


Architect Name __________________________________________________________

Reference Name _________________________________________________________

Reference Email__________________________________________________________

Reference Telephone #_____________________________________________________

Reference Instructions: The above Architect has given your name to the College as a reference. Please complete the information below and return this form to the Architect.

Describe the scope of work of the contract awarded by your entity. What type of Architectural Services were performed?

What type of agency and what services are provided through your organization?

Did the consultant complete the scope of Architect services on time and within the specifications of the project(s)?

What problems, if any were encountered (claims) during the project/contract?

How would you rate the Architect on a scale of low (1) to high (10) for the following?

Professionalism _______________ Final Project ______________Qualifications ________________ Cooperation _______________Project Budget Control _________ Reliability _________________

Would you contract with this Architect again? Yes [] No [] Maybe []Comments:

Reference Signature: ______________________________________________

Date: ___________________________

STATE OF FLORIDAE-VERIFY UTILIZATIONPalm Beach State College

RFQu #20/21-01Architectural Services

Contract: Architectural Services

Financial Project No(s): N/A


Project Description: Continuing Contract

Vendor/Consultant acknowledges and agrees to the following:

Vendor/Consultant:

1. Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Consultant during the term of the contract; and

2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

Company/Architect: ________________________________________________________________

Authorized Signature: ___________________________________________________________

Title: ________________________________________________________________________

Date: ________________________________________________________________________

DRUG-FREE WORKPLACE FORMRFQu #20/21-01

Architectural Services

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________does:(Name of Business)

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 or contractual services that are under 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 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 Chapter 893 Florida Statutes or of any controlled substance law of the United States or any state, for a 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 Architect complies fully with the above requirements.

________________________________ Proposer’s Signature

________________________________ Date

CONTRACTOR CODE OF ETHICSRFQu #20/21-01


The Palm Beach State College (“College), through its Procurement Department (“PD”) is committed to a procurement process that fosters fair and open competition, is conducted under the highest ethical standards and enjoys the complete confidence of the public. To achieve these purposes, PBSC requires each Contractor who seeks to do business with the College to subscribe to this Contractor Code of Ethics.

A Contractor’s bid or proposal will be competitive, consistent, and appropriate to the bid documents.

A Contractor will not discuss or consult with other Contractors intending to bid on the same contract or similar College contract for limiting competition. A Contractor will not make any attempt to induce any individual or entity to submit or not submit a bid or proposal.


Contractor will not disclose the terms of its bids or proposal, directly or indirectly, to any other competing Contractor prior to the bid or proposal closing date.

Contractor will completely perform any contract awarded to it at the contracted price pursuant to the terms set forth in the contract.

Contractor will submit timely, accurate and appropriate invoices for goods and/or services performed under the contract.

Contractor will not offer or give any gift, item or service of value, directly or indirectly, to a College employee, College official, employee family member or other vendor contracted by the College.

Contractor will not cause, influence or attempt to cause or influence, any College employee or College Official, which might tend to impair his/her objectivity or independence of judgment; or to use, or attempt to use, his/her official position to secure any unwarranted privileges or advantages for that Contractor or for any other person.

Contractor will disclose to the College any direct or indirect personal interests a College employee or College official holds as it relates to a Contractor contracted by the College.

Continued on Next Page

CONTRACTOR CODE OF ETHICSRFQu #20/21-01

Architectural Services(Continued)

Contractors must comply with all applicable laws, codes or regulations of the countries,

states and localities in which they operate. This includes, but is not limited to, laws and regulations relating to environmental, occupational health and safety, and labor practices. In addition, Contractors must require their suppliers (including temporary labor agencies) to do the same. Contractors must conform their practices to any published standards for their industry. Compliance with laws, regulations and practices include, but are not limited to the following:


o O btaining and maintaining all required environmental permits. Further, Contractor will endeavor to minimize natural resource consumption through conservation, recycling and substitution methods.

o Providing workers with a safe working environment, which includes identifying and evaluating workplace risks and establishing processes for which employee can report health and safety incidents, as well as providing adequate safety training.

o Providing workers with an environment free of discrimination, harassment and abuse, which includes establishing a written antidiscrimination and anti-bullying/harassment policy, as well as clearly noticed policies pertaining to forced labor, child labor, wage and hours, and freedom of association.

Name of Organization/Proposer_______________________________________

Signature ________________________________________________________

Printed Name and Title _____________________________________________

Date ______________________

DISCLAIMER: This Code of Ethics is intended as a reference and procedural guide to Contractor s. The information it contains should not be interpreted to supersede any law or regulation, nor does it supersede the applicable Contractor contract. In the case of any discrepancies between it and the law, regulation(s) and/or Contractor contract, the law, regulatory provision(s) and/or Contractor contract sh all prevail.

ARCHITECT VERIFICATION FORMRFQu #20/21-01


THE FOLLOWING IS TO BE COMPLETED BY PROPOSER:

Name of Architect: _____________________________________________________________

Corporate Title: ____________________________________________________________

Address: _________________________________________________________________

_________________________________________________________________(Zip Code)

By: ______________________________________________________________________


(Print Name) (Print title)

______________________________________________(Signature)

Telephone: _______________________________

State Architectural License # _____________________________________ (ATTACH COPY)

County License # (if applicable) _____________________________________ (ATTACH COPY)

Attach: All Applicable Primary Architectural or Sub-Trade Licenses Held

List the Names and Title of each Principal, Owner, Officer, and major shareholder of the firm. Indicate if these individuals are Principals of another organization.

NON-COLLUSION AFFIDAVITRFQu#20/21-01


State of ______________________________} County of ____________________________}

_________________________________________, being first duly sworn, disposes and says that: (Name/s)

1. They are ____________________of ________________________________ the Proposer that (Title) (Name of Company)

has submitted the attached PROPOSAL;2. He is fully informed respecting the preparation and contents of the attached RFQu and of all pertinent circumstances respecting such PROPOSAL;

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

4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, Architect or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or


collusion or communication or conference with any other Proposer, Architect or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the College or any person interested in the Continuing Contract; and

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

(Signed) ________________________________________

(Title) ________________________________________STATE OF FLORIDA }COUNTY OF PALM BEACH} SS:

The foregoing instrument was acknowledged before me this______________________________(Date)by: _______________________________ who is personally known to me or who has produced

______________________________________ as identification and who did (did not) take an oath.

________________________________________________Notary (print & sign name)

Commission No. _________________________________Architects Proposal Checklist

This checklist is provided to assist Proposers in the preparation of their proposal response. Included in this checklist are important requirements that are the responsibility of each Proposer to submit with their response to make their proposal response fully compliant. This checklist is only a guideline -- it is the responsibility of each Proposer to read and comply with the Request for Qualifications in its entirety.

Documents uploaded in one (1) .pdf file and in order as instructed in Section 8.0 Instructions for Preparation of Proposals for RFQu- #20/21-01. Materials shall be organized in the following order:

1. Table of contents.2. Cover letter including name, address, phone number, date of submission, name and

number of this solicitation. Not to exceed one (1) page.3. Completed Questionnaire (begins on page 21 of this RFQu). Note: Will include

resumes, project lists, and references.4. Completed Questionnaire Certification (Immediately follows the Questionnaire)5. Completed State of Florida E Verification Utilization Form (page 26).6. Completed Drug Free Workplace Form (page 27).7. Completed Code Of Ethics Form (page 28).8. Completed Architect Verification Form (page 30) NOTE: Attach copies of all applicable

State of Florida Licenses.9. Completed Non-Collusion Affidavit Form (page 31).10. Submit a current W-9 tax form.


11. Financial Statements: Proposer will provide annual financial statements for the last two (2) calendar years for your organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Proposer is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided.

12. Provide evidence of insurability and Bonding Capacity.13. List all performance related legal claims, litigation, demands, contracts terminated due

to non-performance, lawsuits filed, threatened, pending and settlements involved in over the last five (5) years. Identify adverse actions sanctioned by any regulatory authorities over the last five (5) years. The Architect shall disclose any suspension or debarment by any government entity; any prior conviction for bribery theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, any prior violation of College or County ethical standards.

All proposals are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.

Appendix A

Sample Contract

AGREEMENT BETWEEN DESIGNING ARCHITECT

AND

THE DISTRICT BOARD OF TRUSTEES OF PALM BEACH STATE COLLEGE

THIS AGREEMENT, made this day of , is between the DISTRICT BOARD OF TRUSTEES OF PALM BEACH STATE COLLEGE, 4200 Congress Avenue, Lake Worth, Florida 33461, the OWNER, and

the ARCHITECT.

It is the intention of the Owner for three (3) years following the date of this Master Agreement to implement various architectural projects as further defined in a Short Form Agreement for each project. Projects shall include repairs, renovations, and alterations on which the Project Cost, as defined in Article IV, does not exceed $1,000,000.

The Owner and Architect agree as set forth below:


1. The Architect shall coordinate and be responsible for all projects handled under this Master Agreement. Architect shall furthermore provide professional services for each project in accordance with the terms and conditions of this Master Agreement.

2. For time, services, and cost expended and chargeable to a specific project, the Owner shall compensate the Architect, in accordance with the terms and conditions of this Master Agreement.

A. A percentage of the Project Cost:

1. For basic services and eligible alternates or change orders on the project, as described in Articles I and VII, on projects which have a project cost, as defined in Article IV, of more than $50,000.

B. A multiple of Direct Personnel Expense (DPE):

1. For basic services and eligible alternates or change order on the project, as described in Articles I and VII, on projects which have a project cost, as defined in Article IV, of $50,000 or less.

2. Services of any outside consultants, if required, at a multiple of 20% (1.2) times the amounts billed to the Architect for such services.

3. When a multiple of DPE is the basis for billing, principals’ time shall be billed at a rate not to exceed $ per hour. No multiple shall be applied to the principals’ rate.

4. Employees time (other than principals) and whom are specifically priority services to the Owner pursuant to this agreement at a multiple of 2.5 times the employee’s base salary and hourly rates, listed below.a. Administrative: $ per hour

b. Project Manager: $ per hour

c. Technical Personnel #1: $ per hour

d. Technical Personnel #2: $ per hour

e. Staff: $ per hour


Architect certifies that this information is true and correct and that misrepresentations in architects favor is a material breach of this agreement for which liquidated damages of 2.5 times the full amount over paid to the architect will be assessed. This liquidated damages are to compensate the owner and are not a penalty.

5. Reimbursable Expenses:

a. Reimbursement for the reproduction of drawings and specifications excluding copies for Architect’s office use.

b. Reimbursement for other actual expenditures made by the Architect, his employees, or his consultants in the interest of the project, upon prior approval and authorization by the Owner.

6. The times and further conditions of payment shall be as described in Article VII.

7. Anything to the contract herein notwithstanding, it is specifically understood and agreed that any furniture or nonbuilt-in equipment directly obtained by the Owner shall not have the cost thereof included in the project cost insofar as the Architect’s fee shall be concerned.

I. THE ARCHITECT’S BASIC SERVICES

The Architect’s services shall comply with Florida Statutes Chapter 1013 of Title XLVIII and he shall comply with all requirements and directives issued by the State Department of Education and the Owner.

A. Schematic Design Phase (Phase I)

1. The Architect shall consult with the Owner to ascertain the requirements of the project and shall confirm such requirements to the Owner.

2. The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of project components for approval by the Owner.

3. The Architect shall submit to the Owner a Statement of Probable Project Cost based on current area, volume, and other unit costs. The cost shall be approved by the Owner before the Architect proceeds. Alternately, if a Construction Manager has been hired for the Project, the Architect will review the Statement of Probable Cost as prepared by the Construction Manager.


4. Architect will prepare and issue conference notes on all meetings attended by Architect which conference notes shall be distributed no longer than 10 days following each conference with copies to those in attendance at the conference and to Owners designee. Conference notes shall not in any manner alter or modify the terms and conditions of the Agreement but rather shall be used to avoid misunderstandings and to as accurately as possible reflect the history of the meeting and the progress of the project.

B. Design Development Phase (Phase II)

1. The Architect shall prepare from the approved Schematic Design, the Design Development Documents consisting of plans, elevations, sections and other drawings, and outline specifications, to fix and describe the size and character of the entire project as to structural, mechanical and electrical systems, materials and such others as may be required.

2. The Architect shall submit to the Owner a further Statement of Probable Project Cost. If requested, cost shall be broken down into architectural, mechanical and electrical costs. Alternately, if a Construction Manager has been hired for Project, the Architect will review the Statement of Probable Construction Cost as prepared by the Construction Manager.

3. The Architect shall submit four (4) sets of completed Design Development Documents for approval by the Owner and the State Department of Education, if required by the Owner, at no cost to the Owner.

C. Construction Documents Phase (Phase III)

1. The Architect shall prepare from the above approved Design Development Documents, working drawings and specifications setting forth in detail and prescribing the work to be done, and the materials, workmanship, finishes and equipment required, for the architectural, structural, civil, mechanical, electrical, service-connected equipment, site work, and the necessary bidding information, general and supplementary conditions of the Contract.

2. The Architect shall advise the Owner of any adjustments to previous statement of Probable Project Cost indicated by changes in scope requirements or general market conditions. Alternately, if a Construction Manager has been hired for the Project, the Architect will review the Statement of Probable Construction Cost as prepared by the Construction Manager.

3. The Architect shall submit copies of completed construction documents for the approval of the Owner, the Permitting Authority having jurisdiction, and the State Department of Education, if required by the Owner.


4. The Architect shall furnish four (4) complete sets of drawings and specifications to the Owner. The Owner shall reimburse the Architect for reproduction of drawings and specifications as defined in Article VI. The Architect shall reproduce drawings and specifications as required by the Owner.

D. Bidding Phase:

When the Project is to be hard-bid, the Architect, following the Owner’s and the State Department of Education’s approval of the construction documents, and latest statement of Probable Project Cost, shall assist the Owner in obtaining bids and in awarding and preparing construction contracts.

E. Construction Phase-Administration of the Project Contract:

1. The Architect shall provide all necessary administration of the project contract as set forth in the General Conditions and the extent of his duties and responsibilities and the limitations of his authority thereunder shall not be modified without his written consent.

2. The Architect shall at all times have access to the work wherever it is in preparation or progress.

3. The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and all of the Owner’s instructions to the Contractor or Construction Manager shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing.

4. The Architect shall make periodic visits to the site as required to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents. On the basis of his onsite observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the work of the contractor. The Architect shall not be required to make exhaustive or continuous onsite inspections to check the quality and quantity of the work; however architect shall visit during key phases of construction. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Architect shall advise the Owner in writing of any omissions, substitutions, defects, and deficiencies noted in the work of the contractors, and the steps being taken to correct the same, provided, however, that nothing herein contained shall be construed as a guarantee by the Architect of the Contractor’s or Construction Manager’s quality of the work. The Architect will, however, insure that the quantity of work is performed in accordance with the


construction documents.

5. Based on such observations at the site and on the Contractor’s Proposals for Payment, the Architect shall determine the amount owing to the Contractor or Construction Manager and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect’s observations at the site as provided in Paragraph 4 above, and on the date comprising the Proposal for Payment, that the work has progressed to the point indicated, and is acceptable, that to the best of the Architect’s knowledge, information and belief, the quality of the work is in accordance with the contract documents (subject to an evaluation of the work as a functioning whole upon substantial completion, to the results of any subsequent tests required by the contract documents, to minor deviations from the contract documents correctable prior to completion, and to any specific qualifications stated in the Certificate of Payment); and that the Contractor or Construction Manager is entitled to payment in the amount certified. By issuing a Certificate of Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor or Construction Manager has used the moneys paid on account of the control sum.

6. The Architect shall be, in the first instance, the interpreter of the requirements of the contract documents and the impartial judge of the performance thereunder by both the Owner and Contractor or Construction Manager. The Architect shall consult with the Owner on all claims of the Owner or Contractor or Construction Manager relating to the execution and progress of the work and on all other matters or questions relating thereto. The Owner’s decisions are final. The Owner’s decisions, after consultation with the Architect, in matters relating to artistic effect shall be final if consistent with the intent of the contract documents.

7. The Architect shall provide a Notice of Non-Compliance to the Contractor or Construction Manager for any portion of work not constructed in conformance with the contract documents. The notice shall indicate the work that is in place and the non-conformance to specific articles of the contract requirements. The Owner, after receipt of the Notice of Non-Compliance, may take appropriate action to resolve the matter including, if necessary, to direct the Architect to issue a stop work order. The Architect shall, upon receiving such direction of the Owner, require the Contractor or Construction Manager to stop the work. The Architect shall not be liable to the Owner for the consequences of any decision made by the Owner to exercise the option of issuing the Contractor or Construction Manager a notice to stop the work.

8. The Architect shall review and approve shop drawings, samples, schedules, and other submissions for the Contractor or Construction Manager only for conformance with the design concept of the project and for compliance with


the information given in the contract documents.

8. The Architect shall prepare change orders as may be required.

9. The Architect shall upon completion of the project, conduct a substantial completion inspection and prepare a punch list. He shall then determine the date of substantial completion and certify same to the Owner.

10. The Architect shall, upon final completion of the project, including correction of the discrepancies on the punch list, prepare a Certificate of Final Inspection (State Department of Education OEF 209) and submit to the Owner. The Architect shall furnish such other certificates as may be required by state laws and regulations.

11. The Architect shall review written guarantees, bonds, related documents and final requisition assembled by the Contractor or Construction Manager and shall submit them to the Owner. The Architect shall not be responsible for the acts or omissions of the Contractor or Construction Manager, of any Subcontractor or any of the Contractor’s or Construction Manager’s or Subcontractor’s agents or employees, or any other persons except as provided herein.

12. The Architect shall, at least once every two weeks during the course of construction, submit written progress reports to the Owner or his designated representative.

13. The Architect shall, at completion of the project, certify that, to the best of his knowledge, the project has been constructed in accordance with the working drawing prints, specifications and approve change orders and in compliance with the Florida Statutes Chapter 1013 of Title XLVIII.

14. The Architect shall, at the completion of the project, furnish to the Owner, two new sets of working drawing prints showing the project “as-built” and copies of AutoCAD Disc (DWG Format) showing final documents.

15. The Architect shall accompany the Owner’s representative on an inspection of the project at a date not less than thirty days prior to the date of expiration of the Contractor’s or Construction Manager’s one-year guarantee, for the purpose of preparing a list of deficiencies that the Contractor or Construction Manager is to correct under the conditions of the warranty and guarantee.

16. The Construction Phase will commence with the award of the construction contract or the actual start of construction and will terminate when the Architect performs the inspection of the project at outlined in I.E.16.

F. Insurance:


Workers’ Compensation Insurance & Employer’s Liability: The Provider shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers’ Liability and must include limits of at least $100,000.00 each accident, $100,000.00 each disease/employee, $500,000.00 each disease/maximum. A Waiver of Subrogation endorsement shall be provided. Coverage shall apply on a primary basis. Should scope of work performed by Provider qualify its employee for benefits under Federal Workers’ Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided.

Commercial General Liability Insurance: The Provider shall agree to maintain Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products/completed operations aggregate $2,000,000 General aggregate $2,000,000 Fire damage $100,000 any 1 fire Medical expense $10,000 any 1 person

Additional Insured: An Additional Insured endorsement must be attached to the certificate of insurance (should be CG2026) under the General Liability policy. Coverage is to be written on an occurrence form basis and shall apply as primary. A per location aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation shall be provided in favor of the College. Coverage shall extend to independent Provider and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interests’ provision as provided under the standard ISO form separation of insurers clause.

Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall clearly state that coverage required by the Contract has been endorsed to include Palm Beach State College and Palm Beach State College District Board of Trustees, a college in the State of Florida, its officers, agents and employees as Additional Insured added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "Palm Beach State College and Palm Beach State College District Board of Trustees, a public college in the State of Florida, its officers, employees and agents and shall be listed as additionally insured.”. The Policy shall be specifically endorsed to provide thirty (30) day written notice to the College prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. In the event that the statutory liability of the College is amended during the term of this Contract to exceed the above limits, the Provider shall be required, upon thirty (30) days written notice by the College, to provide coverage at least equal to the amended statutory limit of


liability of the College. Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. All contractors, subcontractor, and independent contractors utilized in this project shall furnish a Certificate of Insurance to the College in accordance with the same requirements set forth herein.

Professional Liability: Architect shall ensure that the architect(s) maintain, throughout the term of this Agreement, Professional Liability Insurance, covering acts and omissions of the architect(s), in the minimum annual coverage limit of liability not less than $2,000,000 claim and $2,000,000 aggregate, with an insurance company reasonable satisfactory to the College. Architect(s) will notify College immediately in the event he or she does not have the required coverage and will promptly remove and replace such architect(s) with another qualified architect(s). Architect shall provide College proof of all such Professional Liability Insurance covering architect(s). Before Agreement execution, Provider shall provide College proof of all such Professional Liability Insurance, including Liability Insurance Provider maintains on its own behalf. All costs associated with maintaining Liability Insurance, shall be borne by Architect. When a self-insured retention (SIR) or deductible exceeds $10,000 the College reserves the right, but not the obligation, to review and request a copy of the architect’s most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis, the architect warrants the retroactive date equals or precedes the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, architect shall agree to purchase a SERP with a minimum reporting period not less than five (5) years. If policy contains an exclusion for dishonest or criminal acts, defense coverage for the same shall be provided.

Automobile Liability Insurance: The architect shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000.00 each accident covering any auto, owned, non-owned and hired automobiles. In the event the architect does not own any automobiles; the Business Auto Liability requirement shall be amended allowing architect to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation shall be provided. Coverage shall apply on a primary basis.

Waiver of Subrogation: The Provider shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then Provider shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Provider enter into such a Contract on a pre-loss basis.


Deductibles: All deductible amounts shall be paid for and be the responsibility of the Provider for any and all claims under this Contract. Where an SIR or deductible exceeds $5,000, the College reserves the right, but not obligation, to review and request a copy of the bidder’s most recent annual report or audited financial statement.

It shall be the responsibility of the Provider to ensure that all contractors, independent contractors, and subcontractors comply with the same insurance requirements referenced above.

The Provider may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, Professional Liability or Employers’ Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, Professional Liability, or Employers’ Liability. When required by the insurer, or when Umbrella or Excess Liability is written on Non-Follow Form," the College shall be endorsed as an "Additional Insured."

In addition to furnishing the Certificate of Insurance required by this contract, the Architect shall execute the Truth in Negotiation and Contingency Fee Certificate attached hereto; provided, however, that the Certificate of Insurance need not be furnished until such time as the Owner has given the Architect notice to proceed with this contract.

G. Consulting Engineer:

1. Professional Engineers registered in the State of Florida, and acceptable to the Architect and the Owner shall be retained by the Architect, at his expense, as his agents for the civil, mechanical, structural and electrical portions of the project. The Architect shall require engineer participation in the various phases of the Architect’s services and shall require the engineer to be professionally responsible for engineering services. The Architect shall specifically require the engineer to visit the work under construction as often as necessary to guard against defects and deficiencies in the construction of the work for which he is responsible.

H. Project Representation Beyond Basic Services:

1. If more extensive representation at the site than is described in Section I.E, Paragraphs 1 through 16, inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more full-time project representatives to assist the Architect.

2. Such full-time project representatives shall be selected, employed and directed by the Architect, with the Owner’s approval, and the Architect shall be


compensated therefore as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. (May not apply to this contract.)

3. The duties, responsibilities and limitations of authority of such full-time project representatives shall be set forth in an exhibit appended to this Agreement.

4. Through the on-site observations by full-time project representatives of the work in progress, the Architect shall endeavor to provide further protection for the Owner against defects in the work, but the furnishing of such project representation shall not be construed to mean that the Architect guarantees the work of the Contractor or Construction Manager, nor shall the Architect be responsible for construction means, techniques, sequences, procedures, safety precautions or programs.

II. THE ARCHITECT’S ADDITIONAL SERVICES

A. The following services are not covered in Part I-A through I-G. If any of these additional services are authorized by the Owner, they shall be paid for by the Owner as herein after provided. The Architect shall notify the Owner in writing before beginning additional services and shall receive written approval for these services from the Owner.

1. Providing special analyses of the Owner’s needs, and programming beyond the typical requirements of the project.

2. Providing financial feasibility or other special studies.

3. Providing planning surveys, site evaluations, or comparative studies of prospective sites.

4. Making measured drawings of existing construction when required for planning additions or alterations thereto.

5. Revising previously approved drawings, specifications, or other documents to accomplish changes not initiated by the Architect.

6. Providing detailed estimates of project costs.

7. Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Part I as may be required in connection with the replacement of such work.

8. Providing professional services made necessary by the default of the


Contractor or Construction Manager in the performance of the construction contract.

9. Providing contract administration and observation of construction after the contract time has been exceeded by more than twenty percent through no fault of the Architect.

10. Providing services as an expert witness in connection with any public hearing, arbitration proceeding, or the proceedings of a court of record.

11. Preparing change orders and supporting data where the change in the basic fee resulting from the adjusted contract sum is not commensurate with the Architect’s services required.

12. Any items which arise under this Agreement which must be presented to the District Board of Trustees shall be presented to the President no less than twenty (20) business days prior to any regular or special board meeting.

13. The Architect shall involve the Owner and have the Owner’s representative present at all negotiations with governmental agencies, utility companies, et cetera.

III. THE OWNER’S RESPONSIBILITIES

A. The Owner shall provide full information regarding his requirements for the project.

B. The Owner shall designate a representative authorized to act on his behalf with respect to the project. The Owner or his representative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s work.

C. The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; right-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above the below grade, including inverts and depths.

D. The Owner shall furnish the services of a soils engineer, when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil boring values and other necessary operations for determining subsoil conditions with appropriate professional interpretations thereof.

E. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the contract documents.


F. The Owner shall furnish such legal, accounting, and insurance counseling services as may be necessary for the project, and such auditing services as he may require to ascertain how or for what purposes the Contractor or Construction Manager has used the moneys paid to him under the project contract.

G. The services, information, surveys and reports required by Part III-C through III-F inclusive, shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.

H. If the Owner observes or otherwise becomes aware of any fault or defect in the project or non-conformance with the contract documents, he shall give prompt written notice thereof to the Architect.

I. The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the work.

IV. PROJECT COST:

A. Project cost to be used as a basis for determining the Architect’s fee for all work designed or specified by the Architect, including labor, materials, and built-in equipment, shall be determined as follows, with precedence in the order listed:

1. For completed construction, the total cost of all such work;

2. For work not constructed or for which no award is made within two months from the date of final approval of the construction documents by the Owner, the lowest bona fide bid received from a qualified bidder; provided, however, that in no event shall the project cost under this Paragraph 2 exceed the probable project cost plus 10%;

3. For work, for which bids are not received, the Architect’s latest approved Statement of Probable Project Cost. In a project employing a Construction Manager, the Guaranteed Maximum Price shall be used.

B. Project cost does not include the fees of the Architect and consultants, the cost of land, rights of way, or other costs which are the responsibility of the Owner’s as provided in Parts III-C through III-F inclusive.

C. The Statement of Probable Project Cost, as herein referred and when required, shall be approved by the Owner. Any increase or decrease in the project scope will be the responsibility of the Owner.

D. Labor and material furnished by the Owner for the construction of the project shall be included in the project cost at current market rates including a reasonable allowance


for overhead and profit. Materials and equipment to be built-in to the project furnished by the Owner or separate contractor shall be included at current market prices, except that used material and equipment shall be included as if purchased new for the project.

E. Statements of Probable Project Cost and cost estimates when required to be prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors’ methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Project Cost or other cost estimate prepared by him.

F. If the lowest bona fide bid exceeds the estimated cost budget established by the project by more than ten (10) percent, or if the detailed cost estimate or the Statement of Probable Project Cost or the Guaranteed Maximum Price exceeds the estimated cost budget established for the project, the Owner shall (1) give written approval of an increase in the estimated cost budget, or (2) authorize rebidding the project within a reasonable time, or (3) cooperate in revising the project as required to reduce said cost, or (4) abandon project at this stage. In the case of (3) the Architect, without additional charge, shall modify the drawings and specifications as necessary to bring the construction cost within the estimated cost budget. The providing of this service shall be the limit of the Architect’s responsibility in this regard, and having done so, the Architect shall be entitled to his fees in accordance with this Agreement.

V. DIRECT PERSONNEL EXPENSE

A. Direct Personnel Expense of employees engaged on the project includes architects, engineers, designers, job captains, typists, draftsmen and specification writers, in consultation, research and design, in producing drawings, specifications and other documents pertaining to the project, and in services during construction at the site.

B. Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits.

VI. REIMBURSABLE EXPENSES

A. Reimbursable Expenses are in addition to the fees for basic and additional services and include actual expenditures made by the Architect, his employees, or his consultants in the interest of the project for the following incidental expenses listed in the following subparagraphs.


B. Expense of reproductions, postage and handling of drawings and specifications excluding copies for Architect’s office use.

C. If authorized in advance by the Owner, the expense of overtime work requiring higher than regular rates; perspectives or models for the Owner’s use; and fees of special consultants for other than the normal required structural, mechanical and electrical engineering services.

PAYMENTS TO THE ARCHITECT

A. Payments on account of the Architect’s basic services shall be as follows:

Payments shall be made monthly in proportion to services performed, as approved by the Vice President of Administration and Business Services, to increase the compensation for basic services to the following percentages of the basic fee, at the completion of each phase of the work:

1. Schematic Design Phase: A sum total equal to 15% of the basic fee computed upon a Statement of Probable Project Cost or the Guaranteed Maximum Price.

2. Upon completion of the design development phase, and approval by Owner, a sum equal to 35% of the basic fee.

3. The Owner and Architect shall agree upon a length of time for the preparation of working drawings and specifications before commencing this phase of the work. Upon completion of working drawings and specifications, and approval by Owner, a sum sufficient to increase payments to 75% of the basic fee.

4. During construction, a sum sufficient to increase payment up to 90% of the basic fee. Upon final acceptance by the Owner, a sum sufficient to complete payment of 100% of the basic fee.

B. Payments for additional services of the Architect as defined in Article II, and for reimbursable expenses as defined in Article VI shall be made monthly upon presentation of the Architect’s statement of services rendered and adequate documentation as defined by the Owner.

C. Payment for alternate bids required by the Owner shall be as follows:

1. For additive alternates not accepted by the Owner, 75% of the basic fee computed on a statement of probable cost of additive or bona fide bid of contractor to which award is made or the Guaranteed Maximum Price,


whichever is less.

2. For additive alternatives accepted by the Owner, 100% of the basic fee computed on the bona fide bid of the Contractor or Construction Manager to which the award will be made.

3. For all deductive alternatives, the basic fee will be computed on the Probable Project Cost or Base Bid of the Contractor to which the award will be made or the Guaranteed Maximum Price, whichever is less, with no consideration given to said deductive alternates.

D. Payment for Change Orders shall be as follows:

1. For additive change orders, 100% of the basic fee based on the amount of the change finally approved by the Owner.

2. For deductive change orders, no deduction from the basic fee will be made.

3. Where there are adjustments in the contract as a result of change orders, payment to the Architect will be made in the final payment due under this contract and shall be based on the amount finally approved by the Owner, not including deductive change orders.

E. Payments for re-use of plans and specifications: When the Owner authorizes the re- use of drawings and specifications, payments to the Architect shall be made as follows:

1. For the re-use of drawings and specifications, 20% of the basic fee computed upon a reasonable estimated project cost.

2. In addition to the above, the Architect shall be paid:

a. For necessary changes, as requested by the Owner, for the re-use of the drawings and specifications and for additions to the project, 100% of the costs incurred for such changes as computed in Item 2-B on Page 1.

b. For printing drawings and specifications, 100% of the direct cost.

3. After bidding and before award of contract, a sum sufficient to increase payment to 25% of the basic fee.

4. For the administration of the construction contract, a sum to increase total


payments to 45% of the basic rate fee, based on the project cost as defined in Section IV.

F. No deduction shall be made from the Architect’s compensation on account of penalty, liquidated damages, or other sums withheld from payments to Contractors or Construction Manager.

G. If any work designed or specified by the Architect is abandoned in whole or in part, the Architect shall be paid for the service rendered on account of it. Where the Architect is paid for service rendered on account of work abandoned or suspended, such payment shall constitute later revisions due to variation in the bidding at such time as the project may be reinstated; except that the basic fee as applying to remaining services to be rendered under this contract shall be computed as provided in this contract. Reinstatement of a project abandoned or suspended under this contract does not in itself constitute re-use of plans.

VII. OWNERSHIP OF DOCUMENTS

A. Drawings and specifications as instruments of service are and shall remain the property of the Owner whether the project for which they are made is executed or not. They are not to be used by the Architect without written consent of the Owner on other projects or extensions of this project except by agreement in writing and with appropriate compensation rendered.

VIII. SUCCESSORS AND ASSIGNS

This agreement shall be binding on the legal representatives, successors and assigns to the parties. Neither party shall assign or transfer his interest in this Agreement without written consent of the other.

IX. TERMINATION OF AGREEMENT

This Agreement may be terminated by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Architect shall be paid his fees for services performed to termination date, including reimbursable expenses then due and all terminal expense.

X. 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 Owner and Architect.


XI. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Florida without reference to its conflict of law provisions.

XII. PERFORMANCE BY ARCHITECT

It is understood that this is a contract for professional services of the Architect hereinabove named or his qualified representative. If, for any reason, the Architect is unable to perform the services under this Agreement, the Owner shall have the right to select the architect to complete the performance of this Agreement. The Owner and the Architect hereby agree to the full performance of the covenants contained herein.

XIII. NON-COLLUSION CLAUSE

The Architect warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Architect to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide 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.

XIV. REPORTS, DESIGN, ETC.

All reports, schematic designs, preliminary designs, contract documents and all cost estimates accompanying them shall be presented to the Owner for acceptance or rejection.

Remainder of Page intentionally left blank.


SEAL

Witness: By:

SEAL THE DISTRICT BOARD OF TRUSTEES OF PALM BEACH STATE COLLEGE

Witness: By:

, Chairperson

Approved as to form and legal sufficiency

Legal Counsel

Palm Beach State College


Prequalification of Architects Palm Beach State College

TRUTH IN NEGOTIATION AND

CONTINGENCY FEE CERTIFICATE

The undersigned do hereby state under oath that the wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the designing. The undersigned agree that the original contract price and any additions thereto shall be adjusted to exclude any significant sums where the agency determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other unit costs, or the undersigned failed in any way to meet the Truth in Negotiations standards required by the agency.

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

By:

SWORN TO AND SUBSCRIBED before me this day of , 20

Notary Public