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SCHOOL BOARD OF BREVARD COUNTY

OFFICE OF PURCHASING SERVICES

2700 JUDGE FRAN JAMIESON WAY

VIERA, FL 32940-6601

RFQ #14-Q-001-KR - Continuing Contract for Civil Engineering and Land Surveying Services

VENDORS RECOMMENDED FOR AWARD:

BOARD

DEC 1 0 ···.,3

APPROVED

VENDOR NAME ANNUAL AMOUNT AWARDED

Allen Engineering, Inc. Variable CPH, Inc. Variable MBV Enqineerinq, Inc. Variable Morqan & Associates Consulting Engineers, Inc. Variable

SOLICITATION SUMMARY:

Date Solicited: May 17, 2013 Number of Items/Groups: NIA

Date Opened: June 18, 2013 No. Firms Solicited: 901

Board Approval: December 10, 2013 No. Firms Bidding: 8

CONTRACT TERM:

The initial contract term shall commence December 11, 2013 and continue for an initial three (3) year term, with an option to renew for one (1) additional two (2) year period.

RECOMMENDATION: (Posted July 18, 20"13@ 4:26 PM) It is the recommendation of Dane Theodore, Assistant Superintendent of Facilities Services, Joseph Ranaldi, Director of Planning, Design and Construction, and staff to approve the award of RFQ #14-Q-001-KR and the attached Continuing Contracts for Professional Services with the top ranked firms identified above, as recommended by the submittal evaluation committee. Request authority for the Director of Purchasing and Warehouse Services to renew the agreements for one (1) additional two (2) year period and approve any personnel changes. Contract renewal and personnel changes shall be contingent upon the Assistant Superintendent of Facilities Services request for continuance of services and annual contract review.

AUTHORITY FOR ACTION:

Florida Administrative Code 6A-1.012 (10)

ACTION BY BOARD:

_ Approved Recommendation(s) Above & Awarded

Other ______________ _

Cheryl L. Olson, C.P.M., CPPO, FCCN Director of Purchasing and Warehouse Services

Meeting Date: December 10, 2013

BOARD

DEC 1 0 20J3

APPROVED

School Board of Brevard County Office of Purchasing & Warehouse Services 2700 Judge Fran Jamieson Way Viera, Fl 32940-6601 Brian T. Binggeli, Ed.D., Superintendent

July 18, 2013 Sent via E-mail to: [email protected]

Mr. Michael S. Allen, Vice President Allen Engineering, Inc. 106 Dixie Lane Cocoa Beach, FL 32931

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RE: RFQ #14-Q-001-KR, Continuing Contract for Civil Engineering and Land Surveying Services

Dear Mr. Allen:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that your firm, Allen Engineering, Inc., be awarded this solicitation. It is our intent to commence contract negotiations and present the final contract to the School Board for approval on August 27, 2013. Kristine Rumping, Manager - Purchasing Services will be contacting you to begin this process.

As a reminder, all communications must be directed to the Office of Purchasing Services as we are still under the no contact clause. Refer to section 3.07 of the above mentioned solicitation for more information.

Should you have any questions, please contact Kristine Rumping, CPPB, FCCM, Manager - Purchasing Services, at 321-633-1000 Ext. 630 or by email at [email protected].

We appreciate your interest in doing business with the School Board of Brevard County.

Sincerely,

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� - 'cheryl L. Olson, CPPO, C.P.M., CPM, FCCN

Director of Purchasing and Warehouse Services

CC: Solicitation Folder

Cheryl L. Olson, C.P.M., CPPO, FCCN Director - Office of Purchasing & Warehouse Services

Phone: (321) 633-1000 Ext. 645 · FAX: (321) 633-3618 Warehouse: (321) 633-3680 Ext. 14100 • FAX: (321) 633-3698



Mr. Kurt R. Luman, Vice President CPH, Inc. 500 West Fulton Street Sanford, FL 32771

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Dear Mr. Luman:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that your firm, CPH, Inc., be awarded this solicitation. It is our intent to commence contract negotiations and present the final contract to the School Board for approval on August 27, 2013. Kristine Rumping, Manager - Purchasing Services will be contacting you to begin this process.




Sincerely,

Vkf<LGM � �r G-1-'Q . '"'' . � Cneryl L. Olson, CPPO, C.P.M., CPM, FCCN Director of Purchasing and Warehouse Services



Phone: (321) 633-1000 Ext. 645 · FAX: (321) 633-3618 Warehouse: (321) 633-3680 Ext. 14100 • FAX: (321) 633-3698 _J



Mr. Bruce Moia, President MBV Engineering Inc. 1600 W Eau Gallie Blvd, Suite 201 D Melbourne, FL 32935

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Dear Mr. Moia:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that your firm, MBV Engineering Inc., be awarded this solicitation. It is our intent to commence contract negotiations and present the final contract to the School Board for approval on August 27, 2013. Kristine Rumping, Manager - Purchasing Services will be contacting you to begin this process.




Sincerely,

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Cheryl L. Olson, CPPO, C.P.M., CPM, FCCN

Director of Purchasing and Warehouse Services



Phone: (321) 633-1000 Ext. 645 · FAX: (321) 633-3618Warehouse: (321) 633-3680 Ext. 14100 • FAX: (321) 633-3698



Mr. Andy Kirbach, Vice President Morgan & Associates Consulting Engineers, Inc. 504 North Harbour City Blvd Melbourne, FL 32935

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Dear Mr. Kirbach:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that your firm, Morgan & Associates Consulting Engineers, Inc., be awarded this solicitation. It is our intent to commence contract negotiations and present the final contract to the School Board for approval on August 27, 2013. Kristine Rumping, Manager- Purchasing Services will be contacting you to begin this process.




Sincerely,

Vk,,e \..MV�Cfi'eryl L. Olson, CPPO, C.P.M., CPM, FCCN Director of Purchasing and Warehouse Services






Mr. Jake T. Wise, Managing Member Construction Engineering Group, LLC 2651 W Eau Gallie Blvd, Ste A Melbourne, FL 32935

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Dear Mr. Wise:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that the following firms be awarded this solicitation:

Allen Engineering, Inc. CPH, Inc. MBV Engineering, Inc. Morgan & Associates Consulting Engineers, Inc.

It is our intent to commence contract negotiations and present the final contract to the School Board for approval on April 27, 2013. If you have any legitimate reason to protest the proceedings of our acceptance of the solicitation, you must file your Notice of Protest within seventy-two (72) hours after the electronic posting of the award recommendation to the Purchasing Department website. Failure to file a protest within the time proscribed in Section 120.57(3), Florida Statutes shall constitute a waiver of the proceedings under Chapter 120, Florida Statutes.




Sincerely,

� Cheryl L. Olson, CPPO, C.P.M., CPM, FCCNDirector of Purchasing and Warehouse Services



Phone: (321) 633-1000 Ext. 645 · FAX: (321) 633-3618Warehouse: (321) 633-3680 Ext. 14100 • FAX: (321) 633-3698



Mr. John E. Moody, President Osceola Engineering, Inc. 1003 Florida Ave St Cloud, FL 34769

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Dear Mr. Moody:

Thank you for your interest in the above mentioned solicitation. On July 17, 2013, the Selection Committee recommended that the following firms be awarded this solicitation:

Allen Engineering, Inc. CPH, Inc. MBV Engineering, Inc. Morgan & Associates Consulting Engineers, Inc.

It is our intent to commence contract negotiations and present the final contract to the School Board for approval on April 27, 2013. If you have any legitimate reason to protest the proceedings of our acceptance of the solicitation, you must file your Notice of Protest within seventy-two (72) hours after the electronic posting of the award recommendation to the Purchasing Department website. Failure to file a protest within the time proscribed in Section 120.57(3), Florida Statutes shall constitute a waiver of the proceedings under Chapter 120, Florida Statutes.




Sincerely,

��CheryrL. Olson, CPPO, C.P.M., CPM, FCCN Director of Purchasing and Warehouse Services




RFQ #14-Q-001-KRContinuing Contract for Civil Engineering and Land Surveying Services

Short List

Company Address City State Zip

Allen Engineering, Inc. 106 Dixie Lane Cocoa Beach FL 32931

Construction Engineering Group, LLC 2651 W Eau Gallie Blvd, Ste A Melbourne FL 32935

CPH, Inc. 500 West Fulton Street Sanford FL 32771

MBV Engineering Inc. 1600 W Eau Gallie Blvd, Suite 201D Melbourne FL 32935

Morgan & Associates Consulting Engineers, Inc. 504 North Harbour City Blvd Melbourne FL 32935

Osceola Engineering, Inc. 1003 Florida Ave St Cloud FL 34769

Page 1 of 1

RFQ #14-Q-001-KR Submittal List

Company Address City State Zip

Allen Engineering, Inc. 106 Dixie Lane Cocoa Beach FL 32931

B.S.E. Consultants, Inc. 312 S.Harbor City Blvd Melbourne FL 32901

Bentley Architects and Engineers, Inc. 665 West Warren Avenue Longwood FL 32750

Construction Engineering Group, LLC 2651 W Eau Gallie Blvd, Ste A Melbourne FL 32935

CPH, Inc. 500 West Fulton Street Sanford FL 32771

MBV Engineering Inc. 1600 W Eau Gallie Blvd, Suite 201D Melbourne FL 32935

Morgan & Associates Consulting Engineers, Inc. 504 North Harbour City Blvd Melbourne FL 32935

Osceola Engineering, Inc. 1003 Florida Ave St Cloud FL 34769

Continuing Contract for Civil Engineering and Land Surveying ServicesOpened By: Kristine Rumping, Purchasing Supervisor

Witnessed By: Crystal Jones, BuyerSubmittal Deadline: June 18, 2013 2:00 PM

Page 1 of 1


June 11, 2013 RFQ #14-Q-001-KR

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Continuing Contract for Civil Engineering and Land Surveying Services Addendum #1

The Request For Qualifications (RFQ) documents shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. The Request For Qualifications (RFQ) Submittal Due Date and Time shall remain Tuesday, June 18, 2013 at 2:00 PM.

This addendum is being issued to address questions received, release additional information and release the PreSubmittal Conference Sign-In Sheet.

The following are questions and answers regarding the above mentioned solicitation: Question 1: Is there a limit on the number of pages allowed in our submittal? Answer 1: There is no limit, we just ask that firms be reasonable in their submittal response.

Question 2: Will the presentations be held in the Facilities Conference Room and if so, will the contractors be permitted to use the computer, projector and screen for their presentations? Answer 2: Tentatively, Oral Presentations/Informal Interviews are scheduled to occur in the Facilities Conference Room and the technology will be available for use.

Question 3: When will the addendum be released? Answer 3: The addendum was previously scheduled to be released on June 10, 2013. This date has changed to the release date of June 11, 2013, seven days prior to the scheduled submittal due date and time.

Question 4: Please comment on the certified business program. Answer 4: Attachment "H" Certified Business Program Reciprocity Affidavit is included in the RFQ. There is no specific preference or requirement at this time. Firms are requested to include this form and associated information in Tab 2, if it is applicable. It will be up to the individual committee members on how they would weight that factor into their scoring as it is only one of several items requested in Tab 2.

The following are additional information being released: In the upcoming fiscal year we may have somewhere between $9-11 million for projects. This is just an estimate. These will consist of many small projects. We would like respondents to focus on the continuing service projects, where the projects are small and the firms are acting as an extension of staff. We will also re-soliciting the Continuing Contract for Design Build Services. Awarded firms may act in the role of a design criteria professional, so if you have performed that function in the past please highlight that experience as well.

Firms were reminded that communication is prohibited with the individuals listed below and all parties outlined in Section 3.07, No Contact Clause. The selection committee is tentatively scheduled as this is subject to change: Joe Ranaldi, Director of Planning & Project Management Dennis Bonny, Director of Plant Operations & Maintenance David Martin, Project Manager - Project Management Jim Hudson, Maintenance Coordinator - Plant Operations & Maintenance Arby Creech, Director of Transportation Services Douglas Cook, Assistant Principal - Satellite High School

Regarding Attachment "F" Non-Disclosure Agreement For Confidential Materials, firms were reminded that the selection committee will not see anything that is listed on Exhibit "A" Description of Confidential Materials until the day of Evaluation/Short List meeting. Therefore, we recommend firms take into consideration that the committee will have a limited amount of time to review these materials.

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RFQ #14-Q-001-KR Continuing Contract for Civil Engineering and Land Surveying ServicesAddendum# 1

The following attachment is released in regards to the above mentioned solicitation:Attachment "M" Non-Mandatory Pre-Submittal Conference Sign-In Sheet

If you should have any questions regarding this addendum, please do not hesitate to contact Kristine L. Rumping,CPPB, FCCM, Purchasing Supervisor at [email protected] or by phone at 321-633-1000ext.630.

� C eryl . 01 on, CPPO, C.P.M., CPM, FCCN Director of Purchasing and Warehouse Services

CLO/KR

Acknowledgment of Addendum #1 by Vendor: This addendum shall be completed by the Vendor and returned with the submittal. If submittal has already beensubmitted, this addendum must be submitted to the above address in a sealed envelope, which is marked on theoutside: Addendum #1 RFQ #14-Q-001-KR.

This is to acknowledge receipt of this addendum, which will become part of the RFQ document.

NAME (TYPED OR PRINTED) TITLE

SIGNATURE VENDOR NAME

DATE PHONE NUMBER

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of 34

Request for Qualifications

RFQ #14Q001KR

Continuing Contract for Civil Engineering and Land Surveying Services

Issuance Date:

May 17, 2013

Submittal Due Date and Time:

Tuesday, June 18, 2013 at 2:00 PM

NonMandatory PreSubmittal Conference Date, Time and Location:

Wednesday, June 5, 2013 at 9:00 AM

Located in The School Board of Brevard County, Florida Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

Submit Responses To:

The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

Purchasing Representative:

Kristine L. Rumping, CPPB, FCCM Purchasing Supervisor Telephone # (321) 633-1000 Ext. 630 Fax # (321) 633-3618 E-mail: [email protected]

RFQ #14-Q-001-KR Continuing Contract for Civil Engineering and Land Surveying Services

Page 2 of 34

1.0 PURPOSE & OVERVIEW A. The purpose of this Request for Qualifications (RFQ) is to select a minimum of three (3)

Civil Engineering and Land Surveying Firms to provide support for the construction ofDistrict projects pursuant to Chapter 1013, Florida Statutes, the Florida Consultant’sCompetitive Negotiation Act, Section 287.055 Florida Statutes, and Rule 6A-2.0010,Florida Administrative Code. The contracts will be awarded for an initial three (3) year termfrom the date of award by the School Board of Brevard County (School Board) with up toone (1) additional two (2) year renewal period.

B. In determining whether a Firm is qualified, the School board shall consider such factors asthe ability and qualifications of professional personnel; experience and past performance,past litigation; location of supporting office; project/task approach and methodology; andreferences.

C. In general, the Professional Consultant shall provide Civil Engineering and/or LandSurveying services on an “on-call” basis for projects assigned by the School Board atlocations throughout Brevard County, Florida. The individual projects assigned under thisContract will be limited to those with an estimated construction cost which does notexceed $2 million and for study activity fees which do not exceed $200,000, or as allowedby School Board policy.

D. Individual Firms submitting shall provide both Civil Engineering and Land Surveyingservices in their submittal. If the Firm does not have in-house Land Surveying capabilitiesand is not licensed to perform such services, the use of qualified sub-consultants will beacceptable.

2.0 SCOPE OF SERVICES A. The scope of Civil Engineering work will be identified on a project basis and will vary

depending on project needs. The scope of work for any project may involve all phases ofproject development and may include and not be limited to the following:1. Preliminary Engineering

a. Confirm School District’s goals and objectives throughmeetings/workshops.

b. Conduct field survey to evaluate non-concealed conditions and concealedconditions to fullest extent possible without performing destructiveactivities.

c. Prepare site plans in latest version of AutoCAD , preliminary layouts,estimates of probable costs and alternatives as requested.

d. Support School Board in obtaining geotechnical services and surveyservices necessary for the required scope of work. In some cases surveymay be provided by the School Board.

e. Review existing engineering and/or As-Built Documents archived bySchool Board.

f. Review maintenance logs and interview appropriate School Board staff.g. Prepare engineering details and calculations.h. Present alternatives and provide recommendations and analyses of the

advantages and/or disadvantages of each.i. Deliverables as identified by individual task orders.

2. Schematic Design through Construction Documentsa. Prepare engineering designs, calculations, plans, specifications, cost

estimate and contract bidding documents in compliance with the mostrecent edition of the School Board Design Criteria.

b. Prepare Specifications and general provisions in Microsoft Word fullycoordinated with the School District Design Criteria, Owner/ContractorContract and related Bid/Front End Documents to be utilized bidding andconstruction.

c. Undertake coordination with local ordinances municipalagreements/requirements, and Authorities Having Jurisdiction overproject..


Page 3 of 34

d. Further develop field survey documentation to evaluate non-concealedconditions and concealed conditions to fullest extent possible withoutperforming destructive activities.

e. The School Board shall typically review the work product and ConstructionDocuments at preliminary engineering, sixty percent (60%); ninety percent(90%) and final engineering, or as specified by specific task order or as isdeemed necessary by the School Board.

f. All project calculations, supporting/reference information,correspondence, photos, Microsoft Office files, etc. shall be provided toSchool Board with the final submittal or upon request.

g. Drawings shall be prepared in standard engineering scale using the latestversion of AutoCAD or as directed by the School Board.

h. Coordinate phasing delineations and requirements with ConstructionManager/Contractor.

i. Work with Construction Manager/Contractor to develop Schematic phase,Design Development phase and Final Construction Document phaseOpinions of Construction Value.

j. All project AutoCAD files (i.e. drawing, x-refs, blocks,fonts, pen styles,etc.) shall be provided to the School Board on CD, DVD format or viaemail at the discretion of the School Board.

k. Deliverables at each phase as identified by individual task orders.3. Permits

a. Assist the School board in obtaining approvals (and environmentalpermits as may be required) from applicable agencies including Watermanagement District, FDEP, and Brevard County.

b. Deliverables as identified by individual task orders.4. Bidding Construction Documents

a. Assist the School Board in answering bidder’s questions, attend pre-bidconferences, job walks, and perform constructability review of own plansand specifications at the discretion of School Board Staff.

b. Develop Addenda to address required changes to Bid Documents.c. Assist Owner/Construction Manager with bid review and recommendation

for contract awards.5. Construction Administration

a. Attend pre-construction meeting and project progress meetings at thediscretion of School Board staff.

b. Assist the School Board and Construction Manager/ContractAdministrator with interpretation of plans and specifications, analysis ofchanged conditions, development of corrective action, review of shopdrawings and provide “peer review” of other submittals at the discretion ofSchool Board Staff.

c. Provide periodic problem solving.d. Provide periodic construction observations/inspections.e. Review and approve Contractor Application for Paymentf. Develop Substantial Completion punchlist.g. Perform Final Inspection and punchlist completion verification.h. Assist owner with obtaining and review all project closeout

documentation.i. Undertake post-occupancy warranty walk through at time frame identified

by owner.B. The scope of Land Surveying work will be identified on a project basis and will vary

depending on project needs. The scope of work for any project may involve the followingtasks:1. Topographic Surveys2. Boundary Surveys3. Tree Surveys


Page 4 of 34

4. Easement Surveys5. Utility Surveys6. Construction Related Surveying7. As-Built and Post Construction surveys

C. Project scopes may include activities and tasks relating to new and existing siteimprovements and modifications for projects entailing new construction, remodeling,renovation, playgrounds, stormwater, utilities, bus/vehicle ramps and circulation, lifesafety, fire access, and maintenance/repair projects.

3.0 SPECIAL TERMS & CONDITIONS

3.01 AWARD TERM The School Board’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful respondent(s) shall be awarded a contract for an initial three (3) year term with up to one (1) additional two (2) year renewal period.

The award term recommendation will be that which is determined to be in the best interest of the School Board. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board.

3.02 PRE-SUBMITTAL CONFERENCE A. A non-mandatory pre-submittal conference will be held at the Office of Facilities

Services Conference Room 804B, 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 at 9:00 AM, local time on Wednesday, June 5, 2013. While this is not mandatory,all interested parties are encouraged to attend and participate.

B. Individuals covered by the Americans with Disabilities Act of 1990 in need ofaccommodations to attend public RFQ openings or meetings should contact the SchoolBoard’s Office of Purchasing & Warehouse Services, Viera, Florida, (321) 633-1000 atleast five (5) days prior to the date.

3.03 RFQ CLOSING DATE Submittals/responses must be received by the School Board of Brevard County’s Office of Purchasing & Warehouse Services, 2700 Judge Fran Jamieson Way, Pod 8, Room 802, Viera, FL 32940-6601, no later than 2:00 PM, local time, on Tuesday, June 18, 2013. Submittals/responses received after this time will not be considered.

3.04 PUBLIC RFQ OPENING A. Only the names of the firms submitting qualifications will be read aloud at the RFQ

opening. The submittals will be available for inspection during normal business hours inthe Office of Purchasing & Warehouse Services 30 days after the submittal opening dateor notice of a decision or intended decision; whichever is earlier, by appointment, (FloridaStatute 119.071 (1) (b)).

3.05 DELIVERY OF SUBMITTALS All submittals/responses shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted):

School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601


Page 5 of 34

Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that they are properly instructed to deliver your submittal only to the Office of Purchasing & Warehouse Services Pod 8, Room 802 at the above address. To be considered, a submittal must be received and accepted in the Purchasing Office before the RFQ Closing Date and Time.

Cut out the Label above and attach it to your envelope/package

Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the solicitation name, number, and due date. Packages shall be received in the Office of Purchasing & Warehouse Services, Pod 8, Room 802 by the advertised deadline. Delivery of a package to any School District location other than the Office of Purchasing & Warehouse Services does not constitute official receipt by the School Board of Brevard County, Florida. Any package delivered after the advertised deadline will not be considered.

3.06 QUESTIONS CONCERNING RFQ Kristine, Rumping, Purchasing Supervisor is the designated Purchasing Representative and will be responsible for facilitating the entire selection process. Ms. Rumping shall be the sole point of contact for all Respondents. Questions concerning any portion of this RFQ shall be directed in writing (email accepted) to the designated Purchasing Representative as listed below. Questions should be submitted by the question deadline date listed herein.

Mark subject line or cover page or envelope “Questions on RFQ #14-Q-001-KR”. Submit questions to: Kristine Rumping, Purchasing Supervisor

Office of Purchasing & Warehouse Services Email: [email protected]

3.07 NO CONTACT CLAUSE Vendors, contractors, consultants, or their representatives shall not meet with, speak individually with, or otherwise communicate with School Board members, the Superintendent, or School District staff, other than the designated Buyer, and School Board members, the Superintendent, or School District staff, other than the designated Buyer, shall not meet with, speak individually with, or otherwise communicate with vendors, contractors, consultants, or their representatives, about potential contracts with the School Board once an Invitation to bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications has been issued. Such communication with any party other than the designated purchasing agent shall be prohibited until the School Board has awarded the competitive solicitation. Any such communication shall disqualify the vendor, contractor, or consultant from responding to the subject Invitation to bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications.

3.08 CLARIFICATION AND ADDENDA A. It is incumbent upon each respondent to carefully examine all specifications, terms, and

conditions contained herein. Any inquiries, suggestions, or requests concerninginterpretation, clarification or additional information shall be made in writing, (e-mailacceptable) through the purchasing representative named herein. The School Board will

* DO NOT OPEN * SEALED SUBMITTAL * DO NOT OPEN *SEALED SUBMITTAL FOR: RFQ #14-Q-001-KR CONTINUING CONTRACT FOR CIVIL ENGINEERING AND LAND SURVEYING SERVICES SUBMITTAL DUE DATE: June 18, 2013 AT 2:00 P.M. DELIVER TO: The School Board of Brevard County, Florida

Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601


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not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given.

B. If it becomes necessary to revise or amend any part of this RFQ, notice may be obtainedby accessing our web site. Respondents in their submittal/response must acknowledgereceipts of amendments. Each respondent should ensure that they have received alladdenda and amendments to this RFQ before submitting their submittal/response.Please check the web site at http://www.Demandstar.com for any addenda. TheDistrict will not manually distribute by mail/fax/email addenda to prospectiverespondents.

3.09 SUBMITTAL REQUIREMENTS Firms interested in providing the required professional services shall submit one (1) original, marked "ORIGINAL", Seven (7) copies each marked "COPY", and two (2) COMPLETE electronic copies on two separate CD’s in PDF format, of the requested qualification data for evaluation.

*****If a Non-disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall not be included on the master CD or copies. Confidential materials shall be segregated on a separate CD, plainly labeled “Confidential Materials”. *****

Failure to provide the required copies and information may result in the submittals not being considered. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, and individually bound.

3.10 ECONOMY OF PRESENTATION Each qualifications package shall be prepared simply and economically, providing a straightforward, concise description of the Respondent’s capabilities to satisfy the conditions and requirements of this RFQ. Fancy bindings, colored displays, and promotional material are not desired. Elaborate and verbose submittals are discouraged. Special and elaborate printing of submittals beyond that, which is normal for your profession, is discouraged. Information in addition to that specifically requested (i.e. videotapes, photographs, in-depth Firm history, lengthy and repetitive resumes, etc.) is strongly discouraged. The information requested should be submitted in a concise, easy to read format. Emphasis in each qualifications package must be on completeness and clarity of content. To expedite the evaluation of qualifications packages, it is mandatory that Respondents follow the format and instructions contained herein. The School District is not liable or responsible for any costs incurred by any Respondent in responding to this RFQ including, without limitation, costs for presentations and/or demonstrations if requested. Applications that do not comply with the instructions including information outlined in the Qualification Package Guidelines will not be considered. All information received will be maintained with the project file and cannot be returned.

3.11 QUALIFICATION PACKAGE GUIDELINES 1. To facilitate analysis of its qualifications package, the Respondent shall prepare its

qualifications package in accordance with the instructions outlined in this section. If theRespondent’s qualifications package deviates from these instructions, such qualificationspackage may, in the School District’s sole discretion, be rejected.

2. The School District emphasizes that the Respondent concentrate on accuracy,completeness, and clarity of content.

3. Cross Referencing To the greatest extent possible, each section shall be written on astandalone basis so that its contents may be evaluated with a minimum of cross-referencing to other sections of the qualifications package. Information required forevaluation of qualifications, which is not found in its designated section, will be assumed tohave been omitted from the qualifications package.


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4. Page Size and Format Page size shall be 8.5 x 11 inches, not including foldouts. Pagesshall be single-spaced. The text size shall be 11 point or larger. Use at least one (1) inchmargins on the top and bottom and three-quarter (3/4) inch side margins. Pages shall benumbered sequentially by section.

5. Legible tables, charts, graphs and figures shall be used wherever practical to depictorganizations, systems and layouts, implementation schedules, plans, etc. These displaysshall be uncomplicated, legible and shall not exceed eleven (11) by seventeen (17) inchesin size. Foldout pages shall fold entirely within the section, and count as a single page.Foldout pages may only be used for large tables, charts, graphs, diagrams andschematics; and not for pages of text.

6. All sections of the qualifications package should be in a three ring binder of appropriatesize, with section tabs, which shall permit the qualifications package to lie flat whenopened. Staples shall not be used.

3.12 SCHOOL BOARD RIGHTS

1. The School Board has the sole discretion and reserves the right to cancel this RFQ, toreject any and all submittals, to waive any and all informalities and/or irregularities, or tore-advertise with either the identical or revised specifications, if it is deemed to be in thebest interest of the School District to do so.

2. The School Board reserves the right to make award to the response deemed to be mostadvantageous to the School District.

3. The School Board reserves the right to award the Contract to the next most qualified Firmif the successful Firm does not begin the contracted services within the prescribed fifteen(15) days or if an acceptable fee can not be negotiated.

4. The successful Firm shall not discriminate against any person in accordance with federal,state, or local law.

5. The School Board reserves the right to award the Contract to a single Firm or makemultiple awards to multiple Firms.

6. Firms will be notified in writing as to whether or not they have been selected for thisContract.

3.13 COMPLIANCE WITH THE JESSICA LUNSFORD ACT Recent changes to the Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the level 2 screening requirements of the Statute and School District Standards. The required level 2 screening includes fingerprinting that must be conducted by the District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of this contract/agreement.

3.14 INSURANCE REQUIREMENTS The Contractor will provide before commencement of work, and attach to this agreement, a certificate(s) evidencing such insurance coverage to the extent listed in 1 to 4 below. The School Board reserves the right to be named as an additional insured or to reject such coverage and terminate this agreement if coverage is determined to be inadequate or insufficient. The Contractor will carry and maintain as a minimum the following coverage from insurance carriers that maintain a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. Such certificates must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. This is applicable


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for the procurement and delivery of products, goods, or services furnished to or for the School Board of Brevard County and any of its ancillary schools, departments, or organizations.

1. General Liability Insurance:Negligence including Bodily Injury: Per Claim $1,000,000 Negligence Including Bodily Injury: Per Occurrence $2,000,000 Property Damage: Each Accident $1,000,000

2. Automobile Liability:Negligence Including Bodily Injury: Per Claim $ 500,000 Negligence Including Bodily Injury: Per Occurrence $1,000,000 Property Damage: Each Occurrence $ 500,000

3. Workers’ Compensation/Employer’s Liability:W.C. Limit Required Statutory LimitsE.L. Each Accident $1,000,000 E.L. Disease – Each Employee $ 500,000 E.L. Disease – Policy Limit $1,000,000

Workers’ Compensation Exemption forms will not be accepted. All entities or individuals are required to purchase a Workers’ Compensation insurance policy.

4. Professional Liability Insurance (E&O, D&O etc.):Each Claim: $ 500,000 Per Occurrence: $ 1,000,000

The respondent shall either cover any subcontractors on its policy or require the subcontractor to obtain coverage to meet these requirements and file appropriate forms with the School Board.

3.15 DISCLOSURE OF SUBMITTAL CONTENT A. All material submitted becomes the property of the School Board of Brevard County and

may be returned only at the District’s option. The School District has the right to use anyor all ideas presented in any reply to this Request for Qualifications. Selection or rejectionof any submittal does not affect this right.

B. The School Board of Brevard County, Florida, is governed by the Public Records Law,Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section812.081(1)(c), F.S. or financial statements required by the School District for projects asdefined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt fromdisclosure. If a respondent submits Confidential Materials, the information must besegregated, accompanied by an executed Non Disclosure Agreement for ConfidentialMaterials and each pertinent page must be clearly labeled “confidential” or “trade secret.”The School District will not disclose such Confidential Materials, subject to the conditionsdetailed within the Agreement, which is attached to this solicitation. When suchsegregated and labeled materials are received with an executed Agreement, the SchoolDistrict shall execute the Agreement and send the Respondent a “Receipt for TradeSecret Information.”

3.16 EXPENSES INCURRED This invitation does not commit the School Board of Brevard County to award a contract. Nor shall the School District be responsible for any cost or expense incurred by any Respondent in preparing and submitting a reply, nor for any cost or expense incurred by any Respondent prior to the execution of a contract agreement


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3.17 AMERICANS WITH DISABILITIES ACT Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the School Board of Brevard County, shall contact the Office of Purchasing & Warehouse Services at 321-633-1000, at least five (5) days prior to the scheduled opening or meeting.

3.18 PROTESTS Respondents are advised that any and all Protests must be made in accordance with the requirements of the terms and conditions of this bid, the Administrative Rules of the Florida Department of Education, and Chapter 120, Florida Statutes.

A. All Respondents acknowledge that the significant damages and losses that will besuffered by the OWNER as a result of the time lost and costs associated with anunsuccessful protest will be difficult, if not impossible to prove. Therefore, any and allprotests must be accompanied by SECURITY in an amount equal to one (1) percent of thetotal estimated contract value, but not less than $500.00 or more than $5,000.00, whichbond shall be conditioned upon the payment of all costs which may be adjudged againstthe protesters in the administrative hearing in which the action is brought and in anysubsequent appellate court proceeding.

B. The SECURITY may be in the form of a bank cashier’s check or bank certified checkpayable to the School Board of Brevard County, Florida. Each such bond shall beexecuted by the Respondent, as the PRINCIPAL therein, and by a SURETY. The ProtestBond shall be dated the same date as the date shown on the Respondent’s protest.There must be attached to each Protest Bond a duly authenticated or Certified Power ofAttorney evidencing that the Attorney-In-Fact who executes the Protest Bond on behalf ofand in the name of the SURETY thereon, has the authority to so execute the Protest Bondon the date of the Protest Bond.

C. Should the protesting Respondent be successful in its Protest, the SECURITY submittedby that Respondent should be returned to the Protesting Respondent in full.

D. Should the Protesting Respondent protest be unsuccessful, the SECURITY submitted bythe Protesting Respondent in the form of a cashier’s check or certified check shall be keptand retained by the OWNER and OWNER may receive and retain all moneys representedby such check and the Protesting Respondent shall have no right to same or to a refund ofany part of same.

E. If the Protesting Respondent’s protest is unsuccessful, and the SECURITY submitted bythe Respondent is in the form of a Protest Bond, the Respondent and the Surety on saidProtest Bond shall forthwith pay over to the OWNER the full monetary amount and penalsum of said Protest Bond and OWNER shall retain such amount and sum.

To qualify as a successful protest:

A. In the case of a protest of another Respondent’s Proposal, the Proposal being protestedby the Protesting Respondent must be rejected by the School Board for the reasonsstated in the Protesting Respondent’s Protest.

B. In the case of the Respondent protesting the rejection of its own Proposal, for the protestto be successful, the School Board must award the contract to the Protesting Respondent.


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3.19 DEFINITIONS Professional Consultant Independent contractors who are considered to have education, specialized knowledge, experience or abilities not generally available within the School District. This includes but is not limited to: accountants, actuarials, appraisers, architects, artists, auditors, counselors, designers, economists, educators, engineers, financial analysts, lobbyists, management and systems analysts, medical practitioners, planners, promoters, researchers, scientists, sociologists, surveyors, trainers, and other professionals as designated by the Purchasing Director.

Contract – Agreement between the Respondent and the School Board of Brevard County for services as defined in the Scope of Services.

District – The School District of Brevard County.

Firm - Any business Firm that will be or has been awarded a contract by the School District.

Florida Statute- A permanent collection of state laws organized by subject area into a code made up of titles, chapters, parts, and sections. The Florida Statutes are updated annually by laws that create, amend, or repeal statutory material.

Insurer – Insurance Company who provides insurance coverage as specified in this RFQ.

Owner - The School Board or designated representative(s).

Project Engineer - The Project Engineer role usually indicates the individual who is responsible for overseeing the full Engineering aspects of the development of the design and production of the construction documents ("plans") and specifications. The position generally involves coordinating the needs of the School District, designer and technical staff, and outside consultants such as Structural Engineers, Mechanical Engineers, and Landscape architects.

Purchasing Representative –Office of Purchasing & Warehouse Director or designee for the School Board of Brevard County, Florida.

Respondent The person, Firm, or corporation who submits a response.

School Board - The School Board of Brevard County, Florida.

School District- The School District of Brevard County, Florida.

School District Project Manager The user department Project Manager for the project.

Scope of Services - The complete details of the services involved in the design, fabrication, and assembly of the components of a project's deliverables into a working product.

State Requirements For Educational Facilities (SREF) - The SREF is generally organized by sequence of steps required in the facilities procurement process and covers general definitions, property acquisition/disposal, finance, lease and lease-purchase, historic buildings, program development, professional services, inspection services, design standards, and inspection standards.

Sub-Consultant – An individual and/or Firm contracted or to be contracted to provide services related to or part of those which will be required as part of this selection process.

Submittal - Submittal, proposal or responses are considered documents submitted by a firm in response to a solicitation.


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3.20 REFERENCES Florida Board of Professional Engineers- http://www.fbpe.org/

Florida Building Code- http://www.floridabuilding.org

Florida Department of Education (FDOE) - http://www.fldoe.org

Florida Statute 2006- http://www.flsenate.gov/Statutes/index.cfm

The School Board of Brevard County, Florida current Design Standards are posted on the Division of Facilities Services Website located here http://facilities.brevard.k12.fl.us/.

State Requirements For Educational Facilities (SREF) - http://www.firn.edu/doe/rules/begin.htm

3.21 ATTACHMENTS “A” RFQ Tentative Schedule of Events “B” Drug Free Workplace “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions “D” Conflict of Interest “E” Prohibition Against Contingent Fees “F” Non-Disclosure Agreement for Confidential Materials “G” Agreement (Separate Document) “H” Certified Business Program Reciprocity Affidavit “I” Certification Statement - Prohibition against Contracting with Scrutinized Companies “J” Report of unsatisfactory materials and/or service “K” Facilities Permitting Document “L” Statement of No Response

4.0 QUALIFICATION PACKAGE GUIDELINES / SUBMITTAL REQUIREMENTS EVALUATION CRITERIA:

SCORING: An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

The Respondent’s response will be scored by Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question. 1 = Below Minimum Standards: Responsive to the question but below acceptable standards. 2 = Marginal: Minimal acceptable performance standards and responsive to the question. 3 = Satisfactory: Above minimum performance, Effective and Responsive to the question. 4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section.

Tab 1 Respondent’s Profile and Submittal Letter (Weighted Value 5) RFQ Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business

A brief profile of the firm, including:

A. A brief history of the business


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B. LocationC. Project Team LocationD. Organizational structure of businessE. Ownership interestsF. Present status and projected direction of business

Tab 2 Business Structure (Weighted Value 10) Documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida. Respondents submitting as joint ventures shall submit a copy of their joint venture agreement. If a joint venture or prime/subcontractor arrangement of two Firms, indicate how the work will be distributed between the partners.

Time in Business - Length of time the Firm has been in business under same name.

Capabilities - Size, resources, and capabilities of responding entity:

A. Organizational structure of business entity for this program (partners, associates,consultants, sub-contractors, other participation).

B. Indicate the depth of staff and capabilities from within the organization which canbe drawn upon as needed, to include management, professional technical, andsupport staff.

Licenses and Certificates – Attach a copy of the Firm’s Business Occupational License and all applicable current State of Florida professional registration license renewals for the Respondent’s key professional personnel to be used on the project. Respondent shall be properly registered to practice in the State of Florida with the appropriate state board governing the services offered. The Selection Committee may verify the current status with the appropriate state board. Provide copies of current State of Florida Department of Professional Regulation Construction Industry Licensing Board Certificate of Corporate Authorization showing (1) License No., (2) Certificate of Authorization date and (3) designation of professional(s) qualifying the corporation to practice as a Professional Engineering Firm.

Note: Charitable organizations that qualify under Florida Statutes No. 205.192 are exempt from this requirement.

Certified Minority Business Enterprise – Complete and include Attachment “H” Certified Business Program Reciprocity Affidavit and State of Florida Certified Minority Business documents if applicable.

Tab 3 Experience and Past Performance (Weighted Value 25) Respondents may submit any information they deem appropriate for evaluation of past performance with other continuing service contracts, which have/had scope similar to the services detailed in the Scope of Services section of this RFQ.

List all continuing service contracts for which your Firm has provided/is providing Civil Engineering and Land Surveying Services in the past three (3) years. List the contracts in priority order, with the most related contract first. For each of the listed contracts, provide the following information:

1. Owner’s representative name, address, and phone number.


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2. Nature of your firm’s responsibility on this contract.

3. Contract term- include start and end date.

4. Identify your firm’s task manager and other key professionals assigned to thecontract.

5. Litigation - identify all litigation in which your Firm has been a party to legal action(including arbitration, administrative proceedings, etc.) or lawsuits during the lastfive (5) years involving a client for claims in excess of $100,000.00. Include abrief description of the dispute and its current status. Where the action or lawsuithas involved a guaranteed maximum price contract, please describe the particularcircumstances giving rise to the dispute and the actions which your Firm took toattempt to settle the matter prior to and after suit being filed.

6. Describe in detail any projects within the last three years where liquidateddamages, penalties, liens, defaults, cancellations of contract or termination ofcontract were imposed, sought to be imposed, threatened or filed against yourorganization.

Tab 4 Proposed Project Staff and Functions (Weighted Value 25) Respondents shall express the general and specific project related experience and capability of in-house staff and sub-consultants and their functions as they relate to the Scope of Services detailed in this RFQ.

Respondents should name the actual staff to be assigned to work under this contract; describe their ability and experience, job skills, education, training, experience, and portray the function of each within their organization and their proposed role. Proposed staff should be present for oral presentations and/or interview.

If a joint venture, or prime subcontractor arrangement of two (or more) firms, the Respondent must indicate how the work shall be distributed between the associated firms. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities and accountability.

For Office Staff and On-site Staff – Provide an organization chart indicating key personnel and their responsibilities. It should be understood that it is the intent of the School District to insist that staff indicated in this RFQ response actually execute the work. All Civil Engineering Services and/or land surveying services performed by the Consultant shall be conducted by persons that are properly licensed, as required by law.

Tab 5 Project Approach (Weighted Value 20) Explain your firm’s approach to task management to include, but not be limited to quality assurance, cost control, and reporting to the Owner’s Representative and/or Project Management Team.

1. Respondent shall present a plan setting forth the approach and program forimplementing and carrying-out the required services to include; informationmanagement systems, document control, records management, project statusreporting and project administrative services.

2. Respondent shall describe how the proposed organizational structure will ensureorderly communications, distribution of information, effective coordination ofactivities, and accountability.


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Tab 6 References (Weighted Value 10) The Respondent must provide a minimum of three (3) reference letters from owner representatives for projects that the Firm has provided/is providing professional services, which are similar in scope to this RFQ. Reference letters shall be current, dated within one (1) year of this solicitation. The reference from the owner representative must be provided on their letterhead, and include details regarding your Firm’s role, level of service provided, and how cost competitive your Firm was when negotiating cost proposals. At least one letter should be from a representative within a Facilities Department. Letters from School Board of Brevard County staff shall not be considered.

Tab 7 Work Load (Weighted Value 5) Provide a list of outstanding (active) projects, client names, status of completion, anticipated completion dates, dollars committed to open projects, and overall workload with all Owners including the School Board of Brevard County. Furthermore, the submitting firm shall identify the Work Load for their land Surveying staff or proposed Land Surveying sub-consultant.

Tab 8 Confidential Materials, Financial Strength (Pass/Fail) Confidential materials shall be submitted in this section – any materials that qualify as “trade secrets” shall be segregated, clearly labeled and accompanied by an executed Non Disclosure Agreement for Confidential Materials (Attachment “F”).

The Respondent’s financial capability is to be expressed in the financial statement (audited financial information current within the past twelve months, such as a balance sheet and statement of operations, and bonding capacity if required), and should indicate the resources and the necessary working capital to assure financial stability through the completion of the project. A certified audit is preferred; however, the Respondent’s most recent tax return and balance sheet will be accepted. The statement can be labeled Confidential. Please be sure to complete Attachment “F” Non-Disclosure Agreement for Confidential Materials. Disclose any material changes in the business operations of the Firm, including without limitation any pending bankruptcy proceedings, bankruptcies, receiverships, mergers, acquisitions, stock acquisitions or spin-offs which have occurred within the last three (3) years and any material pending or threatened litigation. If appropriate, discuss the impact of these changes on the Firm’s financial or managerial ability to perform the noted tasks under this Contract. Provide the name, title, address and phone number of the financial officer of the Firm responsible for providing this information.

All Respondents shall certify and provide a statement that they are financially stable and have the necessary resources, human and financial, to provide the services at the level required by the School Board of Brevard County.

Tab 9 Insurance and Other Required Forms (Non-Scored) Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and School Board of Brevard County, Florida contact person. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated Firms that qualify for an exemption under the Florida Worker’s Compensation law in Chapter 440 Florida Statutes shall submit an executed waiver relieving the School District of liability in the event they are injured while providing goods and/or services to the School District.

Completed Addenda’s (if applicable) Attachment “B” Drug Free Workplace


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Attachment “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

Attachment “D” Conflict of Interest Attachment “E” Prohibition Against Contingent Fees Attachment “I” Certification Statement - Prohibition against Contracting with Scrutinized

Companies

Tab 10 Exceptions to Draft Contract (Non-Scored) All exceptions to the attached draft contract must be included in this section. If exceptions to the contract are not included in the submittal, it will be the District’s understanding that your Firm will accept the contract as presented in this RFQ.

5.0 ORAL PRESENTATIONS/INFORMAL INTERVIEWS GUIDELINES EVALUATION CRITERIA FOR SHORT LISTED FIRMS:

The Selection Committee will require Oral Presentations/Informal Interviews. Each Firm will be notified of the schedule for the Oral Presentations/Informal Interviews.

SCORING: An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

The Respondent’s response will be scored by Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question. 1 = Below Minimum Standards: Responsive to the question but below acceptable standards. 2 = Marginal: Minimal acceptable performance standards and responsive to the question. 3 = Satisfactory: Above minimum performance, Effective and Responsive to the question. 4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section.

The Short Listed Firms should be prepared to discuss the following topics with the Selection Committee Members.

1. Qualifications of Firm to Provide Required Services- (Weighted Value 20)Relevant experience in related experience for K12 public and private school capital facilityprograms that have contracted with the prospective Respondent directly or that theprospective Respondent has worked on through a sub-contract in the last five years.Provide contact name, address, phone number and fax number.

2. Overall Approach and Methodology, Project Management and Reporting- (WeightedValue 20)The Respondents should demonstrate verbally and/or graphically, their plan for performingthe required services, documenting the services to be provided and showing theinterrelationship of all parties. Provide clear details about your firm’s project managementtechnique, reporting system and methodology. Respondent must provide clear detail as tohow their managers maintain constant contact with the District Representative whilereporting on each assigned task and related phase of each project.

3. Experience and Qualifications of Personnel (Weighted Value 40)The Respondent shall express the general and specific project related experience andcapability of in-house staff and sub-consultants and their functions as it relates to this


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RFQ. The Respondent(s) should name the actual staff to be assigned to this project, describe their ability and experience, and portray the function of each within their organization and their proposed role on this project. Proposed project staff should be present for oral presentations and/or interview. If a joint venture, or prime subcontractor arrangement of two (or more) firms, the Respondent must indicate how the work shall be distributed between the associated firms. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities and accountability.

4. Knowledge of the State Requirement for Educational Facilities (SREF) and TypicalSchool Board Procedures- (Weighted Value 20)The Respondents should demonstrate their knowledge of SREF, local codes andordinances, and an understanding of how school districts operate in the State of Florida.Firm’s should discuss the details of specific projects where the firm was responsible forFlorida Building code and SREF inspections, plans review and experience level ofassigned personnel who may fulfill this requirement.


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ATTACHMENT “A” RFQ TENTATIVE SCHEDULE OF EVENTS

Date Description May 17, 2013 RFQ Posted to www.Demandstar.com May 23, 2013 Legal Advertisement Florida Today May 30, 2013 Legal Advertisement Florida Today June 6, 2013 Legal Advertisement Florida Today

June 5, 2013 Non-Mandatory Pre-Submittal Conference Location: School Board of Brevard County

Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

Time: 9:00 AM

June 7, 2013 Question Deadline - due before 5:00 PM Location: School Board of Brevard County

Office of Purchasing & Warehouse Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

June 10, 2013 Addenda released (if necessary)

June 18, 2013 Submittals Due before 2:00 PM Deliver to: School Board of Brevard County

Office of Purchasing & Warehouse Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

June 21, 2013 Committee to receive submittals

July 9, 2013 Selection Committee Short List Meeting Location: School Board of Brevard County

Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

Time: Beginning at 8:30 AM-TBD

July 9, 2013 Short Listed Firms Notified

July 17, 2013 Short Listed Firms Oral Presentations/Informal Interviews Oral Presentations before the Selection Committee

Location: School Board of Brevard County Office of Facilities Services Conference Room 804B 2700 Judge Fran Jamieson Way Viera, FL 32940-6601

Time: TBD at Short List Meeting

July 17, 2013 Award Recommendation Posted July 18- August 9, 2013 Contract Development August 12, 2013 Agenda Due Date August 27, 2013 Board Approval of Contract


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ATTACHMENT “B”

DRUG FREE WORKPLACE CERTIFICATION FORM

In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services; a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a controlled substance is prohibited in the workplace andspecifying 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 ofmaintaining a drug-free workplace, any available drug counseling, rehabilitation, andemployee assistance programs and penalties that may be imposed upon employees for drugabuse violations.

3. Give each employee engaged in providing the commodities or contractual services that areunder contract a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1) notify employees that as a condition of workingon the commodities or contractual services that are under contract, the employee will abideby the terms of the statement and will notify the employer of any conviction of, or plea ofguilty or nolo-contendere to, any violation of chapter 893 or of any controlled substance lawof 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 orrehabilitation program if such is available in the employee's community, by any employeewho is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementationof this section.

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

______________________________ Vendor's Signature


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ATTACHMENT “C”

CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510 Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).

***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE *****

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it norits principals is presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from participation in this transaction by any Federal department or agency.

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

RFQ #14-Q-001-KR Organization Name RFQ Number

Names and Titles of Authorized Representative(s)

Signature(s) Date


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ATTACHMENT “C” CONTINUED

INSTRUCTIONS FOR DEBARMENT CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification setout herein in accordance with these instructions.

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

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

4. The terms ”covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, “voluntarily exclude”, asused in this clause, have the meanings set out in the Definitions and Coverage sections of rulesimplementing Executive Order 12549. You may contact the person to which this proposal is submittedfor assistance in obtaining a copy of these regulations.

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

6. The prospective lower tier participant further agrees by submitting this form that it will include this clausetitled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower TierCovered Transactions”, without modification in all lower tier covered transactions and in all solicitationsfor lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a perspective participant in a lowertier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from thecovered transaction, unless it knows that the certification is erroneous. A participant may decide themethod and frequency by which it determines the eligibility of its principals. Each participant may, but isnot required to, check the Non-procurement List.

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

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


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ATTACHMENT “D”

CONFLICT OF INTEREST I HEREBY CERTIFY that 1. I (printed name) ____________________________________________________am the (title)

________________________________ and the duly authorized representative of the firm of (Firm Name)

_________________________________________________ whose address is

___________________________________________________, and that I possess the legal authority to

make this affidavit on behalf of myself and the firm for which I am acting; and,

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

3. The business nor any authorized representative or significant stakeholder of the business has beendetermined by judicial or administrative board action to be in noncompliance with or in violation of anyprovision/contract of the School Board of Brevard County, nor has any outstanding past due debt to theSchool Board of Brevard County, Florida; and

4. The School Board of Brevard County reserves the right to disqualify RFQs upon evidence of collusion withintent to defraud, or other illegal practices to include circumventing or manipulating the RFQ process asrequired by law, upon the part of the Respondent(s), the District’s Professional Consultant(s) or any Districtemployee(s) who may, or may not, be involved in developing RFQ specifications and/or firm RFQschedules. Multiple RFQs from an individual, partnership, corporation, association (formal or informal); firmunder the same or different names shall not be considered. Reasonable grounds for believing that aRespondent has interest in multiple proposals for the same work shall be cause for rejection of all proposalsin which such Respondent is believed to have an interest in. Any and/or all proposals shall be rejected ifthere is any reason to believe that collusion exists among one or more of the Respondents, the District’sProfessional Consultant(s) or District employees. Contractors involved in developing a RFQ specification orContractors with knowledge of RFQ specifications prior to the advertisement shall be disqualified fromparticipating in the RFQ process.

EXCEPTIONS (List)

Signature: _______________________________________________________________

Printed Name: ___________________________________________________________

Firm Name: _____________________________________________________________

Date: ___________________

COUNTY OF _________________________ STATE OF ___________________________ Sworn to and subscribed before me this ______ day of ________________________, 20____, by ____________________________________________, who is personally known to me or who has produced ________________________________________ as identification.

_______________________ NOTARY PUBLIC – STATE OF _____ Type or print name: _______________________ Commission No.: _________________________Commission Expires_______________________ (Seal)


Page 22 of 34

Notification Regarding Public Entity Crime and Discriminatory Vendor List Requirements and Disqualification Provision

A. Pursuant to Florida Statutory requirements, potential Respondents are notified:287.133(2)(a) 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list.

287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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.

287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list.

B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposaldoes not violate Section 287.133, Florida Statutes, nor Section 287.134, Florida Statutes.

C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent’ssubcontractors and Respondent’s implementer, if any, is not under investigation for violation of such statutes.

D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes.


Page 23 of 34

ATTACHMENT “E”

PROHIBITION AGAINST CONTINGENT FEES

In accordance with Florida Statute 287.055(6)(a), the following statement, duly signed and notarized, must be

included in each proposal:

The respondent, _______________________________________, warrants that he or she has not employed or

retained any company or person, other than a bona fide employee working solely for the respondent to solicit or

secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation,

individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission,

percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement.

STATE OF _____________________________

COUNTY OF ___________________________

Sworn to and subscribed before me this ______ day of ________________________, 20____, by

_____________________________________________________, who is personally known to me or who

has produced ____________________________ as identification.

_______________________________________

NOTARY PUBLIC – STATE OF _____________

Type or print name: _______________________

Commission No.: _________________________

(Seal) Commission Expires_______________________


Page 24 of 34

ATTACHMENT “F”

NON-DISCLOSURE AGREEMENT For

CONFIDENTIAL MATERIALS Reference #_____________

RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. THE CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE SELECTION COMMITTEE ON THE DAY OF THE EVALUATION, THEREFORE, THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME ONLY.

Respondent:

Address:

This Agreement is entered into as of the date of the last signature set forth below between the School Board of

Brevard County, a political subdivision of the State of Florida (the "District"), and the above named Respondent

(hereinafter the “Respondent”). The School Board of Brevard County and the Respondent are collectively

referred to as the “Parties” and may be referred to individually as a Party.

RECITALS

WHEREAS, the Respondent possesses certain confidential trade secret materials that it wishes to disclose to

the School Board of Brevard County for the purpose of responding to a request for proposal or otherwise

conducting business with the School Board; and

WHEREAS, the School Board desires to review such materials in order to evaluate the District’s interest in

negotiating and concluding an agreement for the purchase of certain products and services, or otherwise

conducting business with the Respondent.

NOW THEREFORE, in consideration of the mutual promises and premises contained herein, the receipt and

sufficiency of which are hereby acknowledged, the School Board and the Respondent agree as follows:

1. Confidential Materials. The Respondent warrants and represents to the School Board that the materials

described in the attached Exhibit A (the “Confidential Materials”) constitute trade secrets as defined by Section

812.081(1)(c), Florida Statutes, or financial statements required by the School Board for projects as defined in

119.071(1)(c), Florida Statutes. Subject to the terms and conditions of this Agreement, the School Board agrees

not to disclose such Confidential Materials to third parties.


Page 25 of 34

2. Additional Materials. During the course of the negotiations or the business relationship with the School

Board, the Respondent may disclose additional confidential or trade secret information to the District in which

case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this

Agreement shall also apply to such additional information to the extent permitted by Florida law. Any such

additional confidential or trade secret information shall be duly marked and stamped “confidential” or “trade

secret” prior to delivery to the School Board, and shall be subject to this Agreement and Section 812.081(2),

Florida Statutes, only if written receipt is provided by the School Board acknowledging receipt of such materials.

3. Exclusions. For purposes of this Agreement, the term “Confidential Materials” does not include the

following:

(a) Information already known or independently developed by the School Board;

(b) Information in the public domain through no wrongful act of the School Board;

(c) Information received by the School Board from a third party who was legally free to disclose it;

(d) Information disclosed by the Respondent to a third party without restriction on disclosure;

(e) Information disclosed by requirement of law or judicial order, including without limitation Chapter

119 Florida Statutes; or

(f) Information that is disclosed with the prior written consent of the Respondent, but only to the extent

permitted by such consent.

4. Non Disclosure by Respondent. In the event that the School Board discloses confidential or trade

secret information to Respondent, the Respondent agrees to not disclose such information to any third party or

copy such information or use it for any purpose not explicitly set forth herein without the School Board’s prior

written consent. Further, upon conclusion of discussions or business transactions between the School Board

and the Respondent, or at any time upon request of the School Board, Respondent agrees to return such

information (including any copies) to the School Board.

5. Duty of Care. Each Party agrees to treat the other Party’s confidential or trade secret information with

the same degree of care, but not less than reasonable care, as the receiving Party normally takes to preserve

and protect its own similar confidential information and to inform its employees of the confidential nature of the

disclosing Party’s information and of the requirement of nondisclosure. In the event either Party has actual

knowledge of a breach of the nondisclosure requirements set forth in this Agreement, the Party acquiring such

knowledge shall promptly inform the other Party and assist that Party in curing the disclosure, where possible,

and preventing future disclosures.

6. Limitations of Florida Law. Respondent understands and agrees that its assertion that any item is


Page 26 of 34

confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public

Records Law, Chapter 119 of the Florida Statutes, and that the School Board’s ability to prevent disclosure of

confidential and trade secret information may be subject to determination by a Florida court that such materials

qualify for trade secret protection under Florida law. In the event a third party makes a public records request

for the Confidential Materials or other materials deemed by Respondent to be confidential or a trade secret, the

School Board may submit the materials to the court for inspection in camera as set forth in Section 119.07(1)(g)

Florida Statutes. Respondent further understands that the School Board may be required to disclose such

information if directed by a court of competent jurisdiction.

7. Indemnification by Respondent. In the event of any litigation instituted by a third party to compel the

School Board to disclose such materials, Respondent shall, at its sole cost and expense, provide assistance to

the School Board in defending the denial of the records request, and shall hold the School Board harmless from

any claim for statutory costs and attorneys fees arising from the School Board’s refusal to disclose such

materials.

8. No Additional Obligations. This Agreement shall not be construed in any manner to be an obligation for

either Party to enter into any subsequent contract or agreement.

9. Sovereign Immunity. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of

liability of the School Board beyond any statutory limited waiver of immunity or limits of liability, which has been

or which may be adopted by the Florida Legislature, regardless of the nature of any claim which may arise,

including but not limited to a claim sounding in tort, equity or contract. In no event shall the School Board be

liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of

confidential or trade secret information for an amount which exceeds, individually and collectively, the then

current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third

party for the purpose of allowing any claim against the School Board, which would otherwise be barred under

the Doctrine of Sovereign Immunity or by operation of law.

10. Notice. Whenever either Party desires to give notice unto the other, it must be given by written notice,

sent by registered United States mail, with return receipt requested, addressed to the party for whom it is

intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this

paragraph. For the present, the Respondent designates the address set forth above as its place for receiving

notice, and the School Board designates the following address for such notice:

The School Board of Brevard County, Florida Director of Purchasing and Warehouse Services 2700 Judge Fran Jamieson Way Viera, Florida 32940-6601


Page 27 of 34

11. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and venue for

any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Brevard

County, Florida, or the Federal District Court for the Middle District of Florida, Orlando Division.

12. Respondent and the School Board hereby expressly waive any rights either may have to a trial by jury

of any civil litigation related to this Agreement for any litigation limited solely to the parties of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly

authorized officers the day and year as set forth below.

The School Board of Brevard County, Florida Respondent BY: BY:

NAME: Cheryl L. Olson, CPPO, C.P.M., CPM, FCCN NAME:

TITLE: Director of Purchasing and Warehouse Services TITLE:

DATE: DATE:

ATTEST:

BY:

NAME:

TITLE:

DATE:


Page 28 of 34

ATTACHMENT “F” CONTINUED

NON-DISCLOSURE AGREEMENT For

CONFIDENTIAL MATERIALS Exhibit “A"

DESCRIPTION OF CONFIDENTIAL MATERIALS


Page 29 of 34

ATTACHMENT “G”

DRAFT AGREEMENT IS POSTED AS SEPARATE DOCUMENT


Page 30 of 34

ATTACHMENT “H” CERTIFIED BUSINESS PROGRAM RECIPROCITY AFFIDAVIT

The School District has implemented a process to track specific categories of certified businesses (minority, women and/or service disabled veterans) as listed below and will accept certifications from the State of Florida Office of Supplier Diversity as well as certifications from other government agencies.

CERTIFIED BUSINESS CATEGORIES (Check One) ____ Asian American (A) ____ African American (B) ____ Hispanic American (C) ____ Native American (D)

____ American Woman (E) ____ Service Disabled Veteran (V) *Certification Number: _____________ *Certifying Agency Name: ____________________ *Expiration Date: ________Attach copy of Certification from Certifying Agency *Required Information

By signing and submitting this affidavit and business certification copy, I acknowledge individually and on behalf of the applicant business that the applicant and I understand that:

The attached business certification is a copy of an official business certification as issued by theState of Florida Office of Supplier Diversity or other government agency, and said businesscertification has not been modified,

All information and documents submitted to the School Board of Brevard County, Floridabecomes an official public record. As such, the District bears no obligation to return to theapplicant any items of original production or any copies of file documents,

The applicant consents to examinations of its books, records and premises and to interviews ofits principals, employees, business contacts, creditors, and bonding companies by the District asnecessary for the purpose of verifying the applicant’s proof of certification,

The District may request additional documentation not requested on this vendor application, and

Pursuant to Section 287.094, Florida Statutes, the false representation of any entity as a minoritybusiness enterprise for the purpose of claiming certification as such under this reciprocityprogram may be punishable as a felony of a second degree. The certifying entity may initiatesuch disciplinary actions it deems appropriate including, but not limited to, forwarding pertinentinformation to the Department of Legal Affairs and/or certifying entity’s legal counsel forinvestigation and possible prosecution.

Further, applicant declares and affirms that ownership and management of this firm has not changed, except as indicated in the application/affidavit, during the past year since certification status was granted:

Authorized Officer Name: ____________________________________________

Title: _____________________________________________________________

Company Name: ___________________________________________________

Signature: ________________________________________________________

On this _________________ day of ___________________, 20___________ personally appeared before me, the undersigned officer authorized to administer oaths, known to me the persons described in the foregoing affidavit who acknowledged that he/she execute the same in the capacity stated for the purpose therein contained. In witness whereof, I have hereunto set my hand and official seal;

Notary Public: ________________________________________________

Form of Identification Presented: _________________________________

My Commission expires: ________________________________________


Page 31 of 34

ATTACHMENT “I”

CERTIFICATION STATEMENT PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES

I hereby certify that neither respondent, nor any of its wholly owned subsidiaries, majority-owned

subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the

purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473.

Signature Printed Name

Title

Company Name Date


Page 32 of 34

ATTACHMENT “J” REPORT OF UNSATISFACTORY MATERIALS AND/OR SERVICE

SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES

2700 Judge Fran Jamieson Way Viera, FL 32940-6601

REPORT OF UNSATISFACTORY MATERIALS AND/OR SERVICE

Purchase Order No. Bid No.:

Vendor Name: User School/Dept.:

Address: Prepared by:

City, State, Zip: Date:

Telephone No.: Principal/Dept. Head Signature:

STATEMENT OF PROBLEM: (Specifics of Unsatisfactory Materials or Service)

Attach supporting documentation

Use reverse side or attachments if necessary

Vendor’s Response to Complaint

To Above Referenced Vendor: The above complaint has been submitted by a Brevard County school and/or department. In the space below (or via attachment), kindly respond within 10 days. Failure to respond, or an unsatisfactory response, could result in withholding payment on your invoice, termination of contract, or could be cause for disqualification from future bidding with the School Board of Brevard County.

Response:

Vendor Representative: Signature:

Date:

Title: Telephone No:


Page 33 of 34

ATTACHMENT “K” FACILITIES PERMITTING DOCUMENT

Facilities Services Permitting Office 1254 South Florida Ave Rockledge, Fl 32955-2440 (321)-633-3580 Ext 13073 Office (321)-617-7795 Fax

Pursuant to the 2001 Florida Building Code the School Board of Brevard County established Board Policy 7101, Building Permits and the Code Enforcement Office. The Board requires that the District establish a Code Enforcement Office, employ a Building Code Administrator (BCA) and/or subcontract for code enforcement services. Approved project plans will be reviewed for code compliance, permits issued, and the work inspected.

What is the "Code Enforcement Office"? The District's Code Enforcement Office is responsible for the administration and enforcement of the State Requirements for Educational Facilities, the Florida Building Code, Uniform Fire Safety Standards as adopted by the State Fire Marshal, as well as standards for health, sanitation associated with construction of new structures, as well as alterations, repairs or additions to existing structures, including state and federal laws. Responsibilities include:

Plan review, Permit issuance, Inspections for compliance, Issues Certificates of Occupancy.

Plan Review Our professional plan review staff is responsible for reviewing the plans submitted on all construction projects.

The primary function of the plan review section is to safeguard the public health, safety and general welfare of staff, students and visitors through ensuring structural strength, means of egress, stability, sanitation, adequate light and ventilation, energy conservation and fire protection have been met. All construction must comply with the State Requirements for Educational Facilities and the Florida Building Code, Uniform Fire Safety Standards as adopted by the State Fire Marshal, as well as meeting the standards for health, sanitation and safety as required by law.

When applying for a permit, the following is required: Completion of Permit Application, Certificate of Liability Insurance showing current General Liability and Workers’ Compensation

insurances, Copies of all licenses and county registrations, Plans, showing all plumbing, electrical, mechanical, and framing details. These can be prepared by

the contractor on small projects or as required by law prepared by an Architects or Engineers. Site Plan showing the entire site or lot and the entire structure, The plans must be prepared in sufficient detail for the plans examiners to determine if all code

requirements are met.Permit applications can be found on our web site at http://permitting.brevard.k12.fl.us/ or call 321-633-3580 ext 13073.

Building Inspection Our professional inspection staff is responsible for conducting inspections on all permitted construction project and the primary function of the inspectors is to safeguard the public health, safety and general welfare. This is accomplished by verification that the construction was completed as specified in the submitted plans and is in substantial compliance with the Florida Building Code and the Florida Fire Prevention Code.

Approved projects will be reviewed and inspected for compliance with the 2007 Florida Building Code with 2009 Supplement, 2007 State Requirements for Educational Facilities approved 11/11/09 effective 12/15/09, and the 2007 Florida Fire Prevention Code.

Authority F.S.553.79; F.S.553.80 (6); F.S.553.73; F.S.553.73; F.S.1013.371; FBC105.1; FBC 105.1

For more information call: Judy Griffin, 321-633-3580 extension 13073 Gary Geiser, Building Official, 321-633-3580 extension 13077


Page 34 of 34

ATTACHMENT “L” STATEMENT OF NO RESPONSE

The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services

2700 Judge Fran Jamieson Way, Pod 8 Room 802 Viera, FL 32940-6601

Attn: Kristine Rumping, CPPB, FCCM – Purchasing Supervisor RFQ# 14-Q-001-KR - Continuing Contract for Civil Engineering and Land Surveying Services

We, the undersigned, have decided not to respond for the following reasons.

We do not handle products/services in this classification

Opening date does not allow sufficient time to complete response

Cannot supply at this time

Suitable but engaged in other work

Quantity too small

Cannot meet required delivery

Equivalent not presently available

Unable to meet specifications

Unable to meet insurance/bond requirements

Please remove our name from the vendor file for the commodity listed above

Please remove our name from the School Board’s entire vendor files

Other reasons or remarks

We understand that if the “No Response” letter is not returned by the bid due date, our name may be deleted from the School Board of Brevard County’s vendor list for this commodity.

Company Name

Authorized Signature

Print Name of Authorized Person

Email Address for Authorized Person

Telephone Number

Fax Number

AGREEMENT FOR

PROFESSIONAL SERVICES

BETWEEN

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA 2700 Judge Fran Jamieson Way

Viera, Florida 32940-6601

hereinafter referred to as the Owner

AND

hereinafter referred to as the Professional Consultant

PROJECT: Civil Engineering & Land Surveying Services For Construction Projects Not To Exceed $2,000,000 Or For Studies With A Fee Not To Exceed $200,000

DATE: September 01, 2013

Page 1 of 20

Rumping.Kristine

Typewritten Text

RFQ #14-Q-001-KR Attachment "G" - Draft Agreement

Rumping.Kristine

Typewritten Text

Rumping.Kristine

Typewritten Text

Rumping.Kristine

Typewritten Text

AGREEMENT FOR PROFESSIONAL SERVICES

TABLE OF CONTENTS

Article 1 Definitions Page 03

Article 2 Relationship of the Parties Page 05

Article 3 Basic Services/Professional Consultant's Responsibilities Page 06

Article 4 Compensation Page 09

Article 5 Period of Services Page 12

Article 6 Owner's Responsibilities Page 12

Article 7 Additional Services Page 13

Article 8 Notices Page 13

Article 9 Insurance Page 14

Article 10 Indemnification Page 15

Article 11 Termination of Agreement Page 16

Article 12 Successors/Assignment Page 17

Article 13 Ownership of Documents/Information Page 18

Article 14 Additional Provisions Page 18

Exhibit "A" Scope of Services

Exhibit "B" Hourly Rate Schedule & Reimbursable Expenses Schedule

Page 2 of 20

AGREEMENT FOR

PROFESSIONAL SERVICES

AGREEMENT

made this 1st day of September in the year of Two Thousand and Thirteen

Between the Owner: The School Board of Brevard County, Florida 2700 Judge Fran Jamieson Way Viera, Florida 32940-6601

and the Professional Consultant:

For Professional Services in connection with the Project known as:

Civil Engineering & Land Surveying Services For Construction Projects Not To Exceed $2,000,000 Or For Studies With A Fee Not To Exceed $200,000

The Owner and the Professional Consultant agree as set forth below:

ARTICLE 1

DEFINITIONS

The following words and phrases where appearing in initial capitalization, shall for the purposes of this Agreement have the following meanings:

1.1 Additional Services. Additional Services shall consist of the professional services agreed to be performed by the Professional Consultant in connection with the Project but which are not specifically designated as Basic Services in Exhibit "A".

1.2 Additional Services Compensation. Additional Services Compensation shall be the fees determined in accordance with Article 7 to be paid by the Owner to the Professional Consultant in connection with the performance of Additional Services.

1.3 Basic Services. Basic Services shall consist of the professional services as indicated and specifically designated in Exhibit "A" to be performed and provided by the Professional Consultant under this Agreement in connection with the Project.

Page 3 of 20

1.4 Basic Services Compensation. Basic Services Compensation shall be the fee designated in Article 4 to be paid by the Owner to the Professional Consultant in connection with the performance of the Basic Services by the Professional Consultant.

1.5 Construction Contract Documents. The Construction Contract Documents shall consist of the plans, project manual and specifications prepared by the Professional Consultant, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement.

1.6 Contractor. The Contractor is the person or entity which enters into an agreement with the Owner to perform the construction of or any construction related to the Project including, without limitation, the providing of labor, materials, and equipment incorporated or to be incorporated into the Project. The term "Contractor" means the General Contractor, Construction Manager or Design Builder or its authorized representative.

1.7 Design Criteria Package. Performance-based criteria establishing the scope of work for a Design/Build project, conforming to the requirements of 287.055(2)(j) F.S.

1.8 Owner's Representative. The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project.

1.9 Project. The Project shall be as set forth above, and shall be for projects at selected facilities determined by the Owner to require the services as described in Exhibit "A". All or part of these services may be required and will be determined by the Owner and stated in writing before any work is performed.

1.10 Project Construction Budget. An estimate of the construction contract award cost or Guaranteed Maximum Price (GMP) of the Project. The estimate shall contain the design cost for Design/Build Projects.

1.11 Reimbursable Expenses. Reimbursable Expenses are those actual expenditures made by the Professional Consultant, its employees, or its subconsultants in connection with the Project, which are over and above those provided for in Basic Services and are authorized by the Owner in writing in advance.

1.12 Services. The Services to be performed by the Professional Consultant under this Agreement shall consist of the Basic Services described in Article 3 and any Additional Services under Article 7.

1.13 Work. The Work shall consist of the total design and related services performed by the Professional Consultant for the Project.

Page 4 of 20

ARTICLE 2

RELATIONSHIP OF THE PARTIES

2.1 Professional Consultant Services. The Professional Consultant shall provide professional services for the Project in accordance with the terms and conditions of this Agreement. The Professional Consultant's performance of services shall be as professional consultant to the Owner to carry out the activities of Project design and construction administration and to provide the technical documents and engineering services to achieve the Owner's Project objectives. The Professional Consultant certifies to the Owner that it is licensed, registered or certified in all required professional disciplines to meet the requirements of Florida Statues, D.O.E. regulations, and to meet the requirements of the specific project. If the Professional Consultant should at any time lose such license, registration or certification in any required discipline, it shall immediately notify the Owner. If the Owner determines that the Professional Consultant cannot perform the professional services required under this Agreement, it shall declare this Agreement void and be obligated to only pay for those services rendered before loss of license, registration or certification after deducting the compensation and related expenses to hire another Professional Consultant to perform the Work required for the Project.

2.2 Owner Representation. The Owner shall designate, when necessary, representatives authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Professional Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Professional Consultant services. Instructions by the Owner to the Professional Consultant relating to services performed by the Professional Consultant shall be issued or made by or through in accordance with procedural, organizational, and documentation standards established by the Owner. Communications and submittals of the Professional Consultant to the Owner and Contractor shall be issued or made in accord with similar procedural and documentation standards established by the Owner. The Owner shall have the authority to establish procedures, consistent with this Agreement, to be followed by the Professional Consultant and Contractor and to call periodic conferences to be attended by the Professional Consultant, and his subconsultants, throughout the term of this Agreement.

2.3 Other Consultants. The Owner may provide drawings, data, recommendations, suggestions, consultation and/or other information relating to the Project from other Consultants under separate contract with the Owner. The Professional Consultant shall coordinate and cooperate with the Owner’s other consultants.

2.4 Professional Consultant Representation.

2.4.1 The Professional Consultant shall provide to the Owner a list of the proposed key project personnel of the Professional Consultant to be assigned to the Project. This list shall include such information on the professional background of each of the

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assigned personnel to demonstrate their professional capabilities. Such key personnel shall be satisfactory to the Owner and shall not be changed except with the consent of the Owner unless said personnel cease to be in the Professional Consultant's employ.

2.5 Division of Responsibilities/Services. The Professional Consultant understands and agrees that should the Owner or other Consultant provide the Professional Consultant with any estimating assistance, cost or time control recommendations or other consultation, recommendations or suggestions, any or all such activities on the part of the Owner, consultant, or any other representative of the Owner shall in no way relieve the Professional Consultant of the responsibility of fulfilling its obligations and responsibilities under this Agreement.

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

2.7 Truth-In-Negotiation. The Professional Consultant certifies that wage rates and other factual unit costs supporting the compensation herein stated are accurate, complete, and current as of the date of this Agreement. The original Project Fee, Hourly Fees and Reimbursable Expenses and any additions thereto shall be adjusted to exclude any significant sums by which the School Board determines these Fees or Expenses were increased due to inaccurate, incomplete or non-current wage rates or other factual unit costs. All such adjustments shall be made within one year following the end of the Agreement.

ARTICLE 3

BASIC SERVICES/PROFESSIONAL CONSULTANTS' RESPONSIBILITIES

3.1 Scope of Services.

3.1.1 The Basic Services to be provided by the Professional Consultant shall be performed in the phases described hereinafter and shall include all services customarily furnished in accordance with generally accepted industry practices for this type of professional service consistent with the terms of this Agreement, and specifically identified and described in Exhibit "A" attached hereto and made a part of this Agreement. Without limiting the generality of the services set forth in Exhibit "A", the Basic Services shall include any other design services which are normally or customarily furnished and reasonably necessary for the performance of the tasks and duties and obligations set forth in Exhibit "A".

3.1.2 The Professional Consultant shall provide all necessary documents and other services required for the Work. All Work shall be performed in accordance with: Florida

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School Law, Rules of Florida State Department of Education, State Requirements for Educational Facilities (SREF), Florida Building Code, Florida Fire Prevention Code, FAC Rule 6-2, and Brevard County Public School Guideline Standards and Brevard County Public School Board Policy.

3.2 Professional Consultant's Professional Responsibility and Standard of Care.

3.2.1 By execution of this Agreement, the Professional Consultant hereby warrants that (a) it is an experienced, established firm having the ability and skill necessary to perform all the services required of it under this Agreement in connection with scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services applicable to the Project), and that all drawings, specifications and other documents prepared by the Professional Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate all such laws, rules and regulations.

3.2.2 The Professional Consultant hereby represents and agrees within the professional standard of care that the drawings, specifications, documents and other services prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, as mutually agreed upon between the Owner and the Professional Consultant, except as to any deficiencies which are due to causes beyond the control of the Professional Consultant, and that the Project, if constructed in accordance with the intent established by such drawings, specifications and other documents, shall be structurally sound and suitable for the purpose intended.

3.2.3 The Professional Consultant shall be responsible for any negligent acts, errors, or omissions in the drawings, specifications, documents and other services within the normal standard of care at the time services are rendered. While the Professional Consultant cannot guarantee the various documents and services required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Professional Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Professional Consultant will correct at no additional cost to the Owner any negligent acts, errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant. The Professional Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems identified by the Owner relating to the design, specified materials or related Project issues.

3.2.4 It is the responsibility of the Professional Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from Federal, State and local governments.

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3.2.5 It is the responsibility of the Professional Consultant to assure that the Project Construction Documents require that no asbestos containing materials are to be incorporated in the Project, and that the Contractor must certify that no asbestos containing material was used as a pre-condition to final payment.

3.2.6 If bids exceed the Project Construction Budget The Professional Consultant shall, at no additional cost to the Owner, assist the Owner and the Contractor in Value Engineering or scope reductions necessary to meet the Project Construction Budget. Such assistance shall include, but shall not be limited to, participating in discussions, meetings and decisions and revising existing documents or providing additional documents as necessary to obtain pricing for and implement the Value Engineering and/or scope reductions.

3.3 Project Requirements.

3.3.1 During all phases of the Project the Professional Consultant shall prepare such estimates as the Owner deems necessary, at no additional cost to the Owner, to represent the estimated Project cost and shall supply such data, information or estimates as the Owner may require to substantiate the Professional Consultant's estimate of the Project cost.

3.3.2 The Design Consultant shall not be responsible for the Contractor’s means, methods, sequences or techniques of construction; the Contractor’s safety procedures, or the Contractor's failure to comply with the Construction Contract Documents, plans, specifications, and applicable codes.

3.4 Project Conferences.

3.4.1 Throughout all phases of the Project, the Professional Consultant and its subconsultants shall meet periodically with the Owner when reasonably requested. Participants shall be as determined by the Owner and may include, but not be limited to:

3.4.1.1 Predesign and design conferences as necessary or as required by the Owner.

3.4.1.2 Prebid and preconstruction conference for each construction contract.

3.4.1.3 Construction progress meetings as may be required by the Owner.

3.4.1.4 Substantial Completion, Final Completion and completion of warranty period inspections for each construction contract.

3.4.2 The Professional Consultant shall be responsible for scheduling, taking meeting minutes, and attending any meetings necessary to properly coordinate the design effort including, without limitation, meetings with governing agencies, code officials and applicable utilities.

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ARTICLE 4

COMPENSATION

4.1 Basic Services Compensation.

The Owner shall compensate the Professional Consultant in accordance with the terms and conditions of this Agreement, including the following:

4.1.1 For the Basic Services of the Professional Consultant, Basic Services Compensation shall be an amount determined based on the required effort-hours and the Hourly Rate Schedule included as Exhibit "B". Such amount to be set forth in writing and made a part of this Agreement by reference.

It is the intent of this Agreement that each project assignment for which services are to be performed under this Agreement shall be dealt with individually and made a part of this Agreement by reference.

4.1.1.1 A letter of understanding shall be prepared for each project assignment and shall include:

1. A complete scope of Work to be performed.2. A complete description of each phase of Work.3. A time schedule for the Work.4. All costs to be incurred by the Owner for the professional services to be

performed.5. An estimate of the Project Construction Budget, where appropriate.6. Proposed Staff.7. Proposed Sub-Consultants.8. No terms shall be stated in the letter of understanding which are contrary to, or

stated as superceding, the terms of this agreement unless expressly approved bythe Owner in writing.

4.1.1.2 No amount is to be included in the Project Construction Budget for the cost of land or other non-construction costs which are the responsibility of the Owner.

4.1.1.3 Should the Owner request additions to the Project which would cause a change or changes in the scope of the Work or previously approved designs or design criteria, the Project Construction Budget shall be increased by the aggregate amount of such change(s) and the Professional Consultant's fee shall be increased as an Additional Service in relation to the effort required for the change(s).

4.1.1.4 In the event the Owner requests changes to the Project which would decrease the Project Construction Budget, basic compensation due the Professional Consultant shall be adjusted downwards for remaining services to be performed but not for services already performed to the date of receipt by the Professional Consultant of the written requested change in accordance with the basic payment schedule set forth in Exhibit "A".

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4.1.2 The Basic Services Compensation stated in paragraph 4.1.1 includes all compensation and other payments due the Professional Consultant (manpower, overhead, profit, direct costs, etc.) in the performance of the Basic Services.

4.1.3 The Professional Consultant certifies that his wage rates, unit costs and other factual data which may have been furnished the Owner to support the compensation schedule are accurate, complete and current at the time of entering into this Agreement. It is mutually understood between the Professional Consultant and the Owner that the original fee schedule and any additions there to shall be adjusted within one year, if required, to exclude any significant sums wherein the Owner determines the fee was increased due to inaccurate, incomplete or noncurrent wage rates, unit costs and other factual data which may have been furnished by the Professional Consultant.

4.1.4 Compensation shall be based on the number of hours spent by each employee directly attributable to services required for each specific project, and shall not include travel time to and from the project sites. Hourly rates for Direct Personnel Expense shall be in compliance with Exhibit B and in no case may be billed using a multiplier greater than two point five (2.5).

4.2 Payments to the Professional Consultant. Payments on account of the Professional Consultant shall be made as follows:

4.2.1 Payments for Basic Services shall be made monthly in proportion to services performed based on a Payment Schedule included in Exhibit "A" upon presentation of the Professional Consultant’s statement of services, fully supported by invoices, time cards, and certifications if requested that all subconsultants have been paid, and other documentation if requested by the Owner.

4.2.2 No deductions shall be made from the Professional Consultant's Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to Contractor.

4.2.3 Deductions may be made from the Professional Consultant's Basic Services Compensation on account of errors and omissions in the drawings, specifications, documents and other services prepared by the Professional Consultant in accordance with the provisions of Paragraph 3.2.3.

4.2.4 Payments due for Reimbursable Expenses incurred while performing Basic or Additional Services shall be computed at 1.1 times actual costs. Reimbursable Expenses shall include actual expenditures made by the Professional Consultant, his employees, or his subconsultants in the interest of the project limited as defined in Article 1.11. Before incurring any Reimbursable Expenses, the Professional Consultant must request and receive written authorization from the Owner.

4.2.5 Final payment to the Professional Consultant shall not be made by the Owner until the following items have been received by the Owner:

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1. Electronic copies of all drawings, specifications, documents and other servicesprepared by the Professional Consultant in connection with the Project, inconformance with Article 13.1, including incorporation of the Contractor’s "As-Built" records of the Project, if required in Exhibit "A".

. 2. All certifications required by: applicable laws, statutes, building codes and

regulations; Federal, State and local governments; or Exhibit "A".

4.3 Additional Services Compensation.

4.3.1 Prior to any Additional Services, as described in Article 7 herein, performed by the Professional Consultant hereunder, the Professional Consultant and Owner shall negotiate an equitable adjustment to the Basic Services Compensation.

4.3.2 Payments for Additional Services to the Professional Consultant shall be made monthly upon presentation of the Professional Consultant's statement of services, fully supported by invoices, time sheets/cards, and other documentation as requested by the Owner. Professional Consultant expressly waives any right to payment for any Additional Services rendered if Professional Consultant does not give written notice of its claim that the services are additional within twenty (20) days of rendering the services, and if such services are not billed as Additional Services within sixty (60) days following their rendition.

4.4 Accounting Records.

4.4.1 Records of the Professional Consultant with respect to Basic Services and Additional Services and payroll, subconsultant and other expenses (including Reimbursable Expenses) pertaining to the Project, shall be kept on generally accepted accounting principles and shall be available to the Owner or its authorized representative for inspection and copying at mutually convenient times.

4.4.2 At the request of the Owner or its authorized representative the Professional Consultant will supply in a timely manner and certify as accurate, unaltered copies of all time sheets, invoices, and other documents to substantiate and document any and all Additional Services and Reimbursable Expenses.

4.5 Professional Consultant shall not be entitled to receive payment hereunder until Owner is provided such lien waivers, including lien waivers from Professional Consultant's subconsultants, detailed descriptions of services, and sworn statements of certification stating Professional Consultant's services are in compliance with the requirements of this Agreement, as Owner may reasonably require in connection with Professional Consultant's request for payment.

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ARTICLE 5

PERIOD OF SERVICE

5.1 Specific dates relating to the period of services shall be for three (3) years, with optional renewable for an additional two (2) year period, except that the Agreement may be terminated by either party as provided in Article 11. Original Agreement date begins September 01, 2013 and ends August 31, 2016. The renewal option begins September 01, 2016 and ends August 31, 2018.

ARTICLE 6

OWNER'S RESPONSIBILITIES

6.1 The Owner shall, with the assistance of the Professional Consultant, provide full information regarding the requirements for the Project.

6.2 The Owner shall examine documents submitted by the Professional Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Professional Consultant's Services.

6.3 The Owner shall pay for laboratory tests, inspections and reports as required by the project scope that are not otherwise called for in this Agreement. The Professional Consultant shall review and confirm the sufficiency of any test and information furnished to Professional Consultant by or on behalf of Owner pursuant to Paragraph 6.5.

6.4 The Owner may furnish such legal, accounting, and insurance counseling services as the Owner may deem necessary for the Project, and such auditing services as it may require to ascertain how, or for what purposes, the Contractor has used the moneys paid to it under the Construction Contract.

6.5 All services, information, surveys and reports required of the Owner, shall be furnished at the Owner's expense and the Professional Consultant shall be entitled to rely upon their accuracy and completeness.

6.6 The Owner shall furnish information and approvals required of it expeditiously, for orderly progress of the Work.

6.7 The Owner shall pay for and the Professional Consultant shall assist the Owner in obtaining all necessary permits, licenses, approvals, assessments, and charges required for the construction, use or occupancy of permanent structures and site improvements or for permanent changes to existing facilities.

6.8 The Owner shall designate a representative or other party to act in the Owner's behalf with respect to the Project. The Owner's Representative for the Project is the Assistant

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Superintendent of Facilities Management Services. He shall have the authority to approve changes in the scope of the Project and shall be available during working hours as often as may be necessary to examine information, to render decisions and to furnish information in a timely manner. He shall also have the authority to designate other representatives to act on his behalf with respect to this Agreement. All decisions rendered by the Owner's representative are subject to review and approval by the School Board.

6.9 The Owner shall provide for all investigation testing, analysis and abatement of any asbestos containing material that may exist in School Board facilities.

ARTICLE 7

ADDITIONAL SERVICES

7.1 Attached hereto and made a part of this Agreement as Exhibit "B" are the Hourly Rates that will be used for determining the fees to be paid for Additional Services. Such services shall be authorized in advance by the Owner.

7.2 The Owner will compensate the Professional Consultant for authorized Additional Services performed as herein provided to the extent that they exceed the obligations of the Professional Consultant for Basic Services under this Agreement.

ARTICLE 8

NOTICES

8.1 Any notice required by this Agreement or other communications to either party by the other shall be in writing and deemed given when delivered personally or when deposited in the United States Post Office, first class, postage prepaid, addressed as follows, or to such other address as shall be duly given by notice meeting the requirement of this Article.

To Owner: The School Board of Brevard County, Florida 2700 Judge Fran Jamieson Way Viera, Florida 32940-6601 Attention: Dane Theodore AIA, CGC; Assistant Superintendent; Facilities management Services Joseph A. Ranaldi AIA; Director; Planning & Project Management

To Professional Consultant:

________________________________________________________________________________________________________________________________________________________________________________________________________________________

ARTICLE 9

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INSURANCE

9.1 The Professional Consultant shall purchase and maintain workers’ compensation insurance for all of their employees during the entire period of this contract. The Professional Consultant shall also purchase and maintain for the entire period of this contract, insurance that protects itself and the Owner from any and all claims resulting from negligent or wrongful acts or omissions, damages due to bodily injury, including personal injury, sickness, disease or death of any of the Professional Consultant's employees or any other person; claims for damages because of injury to or destruction of personal property including loss of use resulting therefrom; and claims arising out of the performance of this Agreement and caused by negligent acts or omissions for which the Professional Consultant is legally liable. All insurance provided under this Agreement shall be through an insurance carrier acceptable to the Owner. The insurance carrier shall be rated "A-" or better by Best's Key Rating Guide and shall provide the Owner with evidence of financial strength. The minimum limits of insurance coverage shall be as follows:

Insurance Description Minimum Required Coverage

a. General Liability Insurance:Bodily Injury: Per Claim $ 1,000,000.00 Bodily Injury: Per Occurrence $ 2,000,000.00 Property Damage: Each Accident $ 1,000,000.00

b. Automobile Liability:Bodily Injury: Per Claim $ 500,000.00 Bodily Injury: Per Occurrence $ 1,000,000.00 Property Damage: Each Occurrence $ 500,000.00

c. Product Liability or Completed Operations Insurance:Bodily Injury: Per Claim $ 500,000.00 Bodily Injury: Per Occurrence $ 1,000,000.00

d. Professional Liability Insurance:Each Claim $ 500,000.00 Each Occurrence $ 1,000,000.00

e. Workers' Compensation/Employer’s Liability:W.C. Limit Required Statutory Limits E.L. Each Accident $ 1,000,000.00 E.L. Disease – Each Employee $ 500,000.00 E.L. Disease – Policy Limit $ 1,000,000.00

Workers’ Compensation Exemption forms will not be accepted for the project Architect, Engineer, General Contractor, or Sole Practitioner that intends to sub-

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contract the work to other individuals or companies. These entities or individuals are required to purchase a Workers’ Compensation insurance policy.

9.2 The General and Auto liability insurance policies required under Section 9.1 of this Agreement shall name the Owner as an additional insured and shall contain a waiver of subrogation against the Owner. The Owner shall also be listed as an additional insured on the Professional Consultant’s Professional Liability insurance policy should the policy be on a form other than a "claims made" policy.

9.2.1 The Professional Consultant shall deliver to the Owner a certificate of insurance for its Workers’ Compensation, General Liability, Auto Liability and Professional Liability prior to the commencement of work and annually thereafter, so long as it is required to maintain such coverage under Article 9.4.

9.3 Evidence of such insurance shall be furnished to the Owner as part of this Agreement, and the Owner shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the Professional Consultant shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of this Agreement.

9.4 The Professional Consultant shall maintain Professional Liability insurance in force during the performance of this Agreement and for three years after the conclusion of this agreement.

9.5 The Professional Consultant shall require the provisions of this Article 9 to apply in full force and effect to its subconsultants and shall provide to the Owner certificates of insurance as described in Article 9.2 for all subconsultants.

9.6 The Owner may elect to purchase insurance under an Owner Controlled Insurance Program, in which case the Professional Consultant will not be required to provide insurance, but will provide coordination with the Owner and the Owner’s insurance administrator, as required.

ARTICLE 10

INDEMNIFICATION

10.1 Notwithstanding anything to the contrary contained herein, the Professional Consultant shall indemnify and hold harmless the Owner and its officers, agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from (1) the Professional Consultant's performance or failure to perform its obligations under this Agreement and (2) any claim, damage, loss or expense attributable to bodily injury, sickness, disease, intentional acts or death, or to injury to or destruction of personal property including the loss of use resulting therefrom and caused by any negligent act or omission of the Professional Consultant, anyone directly or indirectly employed by

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the Professional Consultant or anyone for whose acts the Professional Consultant may be liable to the extent and in proportion to the Professional Consultant’s comparative degree of fault. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article.

10.2 Except as otherwise set forth in this Agreement, the Professional Consultant and the Owner shall not be liable to each other for any delays in the performance of their respective obligations and responsibilities under this Agreement which arise from causes beyond their control and without their fault or negligence, including but not limited to, any of the following events or occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. Owner shall not be liable to the Professional Consultant for acts or failures to act by Owner, the Contractor or the Owner's Consultants. The Professional Consultant shall not be liable for acts or failures to act by the Contractor, the Owner, or Owner's Consultants.

ARTICLE 11

TERMINATION OF AGREEMENT

11.1 Upon the appointment of a receiver for the Professional Consultant, or if the Professional Consultant makes a general assignment for the benefit of creditors, the Owner may terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, upon giving three (3) days written notice to the Professional Consultant. If an order for relief is entered under the bankruptcy code with respect to the Professional Consultant, the Owner may terminate this Agreement by giving three (3) working days written notice to the Professional Consultant unless the Professional Consultant or the trustee: (1), promptly cures all breaches; (2), provides adequate assurances of future performance; (3), compensates the Owner for actual pecuniary loss resulting from such breaches; and (4), assumes the obligations of the Professional Consultant within the statutory time limits.

11.2 If the Professional Consultant persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply sufficient properly skilled staff or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority jurisdiction, or otherwise substantially violates or breaches any term or provision of this Agreement, then the Owner may, without prejudice to any right or remedy otherwise available to the Owner, and after giving the Professional Consultant seven (7) days prior written notice, terminate this Agreement.

11.3 Upon termination of this Agreement by the Owner under Articles 11.2 and 11.3 it shall be entitled to furnish or have furnished the Services to be performed hereunder by the Professional Consultant by whatever method the Owner may deem expedient. Also, in such cases, the Professional Consultant shall not be entitled to receive any further payment until completion of the Work; and the total compensation to the

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Professional Consultant under this Agreement shall be the amount which is equitable under the circumstances.

11.4 The Owner or Professional Consultant may, upon thirty (30) days written notice, terminate this Agreement, in whole or in part, at any time for the convenience of both parties, without prejudice to any right or remedy otherwise available to the Owner. Upon receipt of such notice, the Professional Consultant shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the Owner, the Professional Consultant's sole and exclusive right and remedy is to be paid for all work performed and to receive equitable adjustment for all work performed through the date of termination. The Professional Consultant shall not be entitled to be paid any amount as profit for unperformed services or consideration for the termination of convenience by the Owner.

11.5 Should the Owner terminate this agreement as provided for under this Article, the Owner will acquire such drawings, including the ownership and use of all drawings, specifications, documents and materials relating to the Project prepared by or in the possession of the Professional Consultant, prior to final payment to the Consultant. The Professional Consultant will turn over to the Owner in a timely manner and in good unaltered condition all original drawings, specifications, documents and materials. In the event of any termination pursuant to Articles 11.2 or 11.3 of this Agreement, the Professional Consultant consents to the Owner selection of another consultant of Owner's choice to assist the Owner in any way in completing the Project. Professional Consultant further agrees to cooperate and provide any information requested by the Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the design of the Project by Owner and such other consultant as Owner may desire. Any services provided by the Professional Consultant which are requested by the Owner after termination shall be fairly compensated by Owner.

11.6 The payment of any sums by the Owner under this Article 11 shall not constitute a waiver of any claims for damages by the Owner for any breach of the Agreement by the Professional Consultant.

ARTICLE 12

SUCCESSORS/ASSIGNMENT

12.1 This Agreement shall inure to the benefit of and be binding on the heirs, successors, assigns, trustees and personal representatives of the Owner, as well as the permitted assigns and trustees of the Professional Consultant.

12.2 The Professional Consultant shall not assign, sublet or transfer its interest in this Agreement without the written consent of the Owner, except that the Professional Consultant may assign accounts receivable to a commercial bank or financial institution for securing loans, without prior approval of the Owner.

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ARTICLE 13

OWNERSHIP OF DOCUMENTS/INFORMATION

13.1 Drawings and Specifications and other documents as instruments of service are and shall remain the joint property of the Professional Consultant and the Owner whether the Project for which they are made is built or not. The Professional Consultant shall provide, and the Owner shall retain, electronic copies of Drawings in AutoCAD or TIF format, Specifications in MS Word format and other documents in AutoCAD, MS Word, MS Excel, MS Access or MS Project as appropriate for information, reference and use in connection with the Owner's use and occupancy of the Project and for the Owner's future requirements of the Project's facilities including without limitation any alteration or expansion in any manner the Owner deems appropriate without additional compensation or fee to the Professional Consultant. The Owner shall assume responsibility in connection with its use of the Drawings and Specifications without the Professional Consultant's consent.

ARTICLE 14

ADDITIONAL PROVISIONS

14.1 The Owner and Professional Consultant agree to endeavor to provide written notification in advance of any litigation, concerning claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this agreement or the breach thereof.

14.2 The parties agree to endeavor to negotiate in good faith, prior to litigation, concerning claims, disputes and other matters in questions arising out of or relating to this Agreement or the breach thereof.

14.3 Nothing herein contained shall be construed to require the parties to provide written notifications or engage in negotiations prior to the institution of litigation nor to submit for arbitration by a third party or parties any such claim, dispute or other matter in question between the parties but the parties may by mutual agreement submit any claim dispute or other matter at issue to arbitration in accordance with Florida State Law or such other arbitration procedure as may be mutually agreed upon between the parties.

14.4 Whenever renderings, photographs of renderings, photographs of models, photographs, drawings, announcements, or other illustration or information of the Project are released for public information, advertisement or publicity, appropriate and proper credit for architectural and other services, to the fullest extent possible, will be given to the Professional Consultant, and ownership of the project to the Owner.

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14.5 This Agreement and its Exhibits and Attachments represent the entire and integrated agreement between the Owner and the Professional Consultant 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 Professional Consultant.

14.6 Unless otherwise specified, this Agreement shall be governed by the law of the State of Florida, USA. It is expressly agreed by both parties that any litigation must be filed in courts of law in Brevard County, Florida.

14.7 If any one or more of the provisions contained in this Agreement, for any reason, are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

14.8 Except where specifically stated otherwise, all periods of time stated in terms of days shall be considered periods calculated in calendar days.

14.9 The headings or captions within this Agreement shall be deemed set forth in the manner presented for the purposes of reference only and shall not control or otherwise affect the information set forth therein or interpretation thereof.

14.10 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.

14.11 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and the counterparts shall constitute one and the same instrument, which shall be sufficient evidence by any one thereof.

14.12 Jessica Lunsford Act. Professional Consultant shall, at its expense, ensure that all of Professional Consultant’s employees and the employees of Professional Consultant’s subcontractors who will be permitted access on school grounds when students are present meet the background screening requirements of Section 1012.465, Fl. Stat., (Jessica Lunsford Act). Professional Consultant’s failure to comply with this requirement will constitute a material breach of the contract.

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This Agreement executed the day and year first written above.

OWNER:

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

By: ______________________________ Board Chairman

Attest: ___________________________ Secretary/Superintendent

PROFESSIONAL CONSULTANT:

_________________________________ _________________________________

By: ______________________________ Executive Officer

Attest: ___________________________ Secretary

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EXHIBIT A

Company Name CIVIL ENGINEERING AND LAND SURVEYING SERVICES

SCOPE OF SERVICES

The Basic Services below to be performed by the Professional Consultant consist of professional tasks which have as their objective land surveying and/or the civil design, production of technical documents and construction administration to provide the Owner with a complete and properly functioning Project. The Basic Services shall be performed in accordance with the standard of care set forth in this Agreement. The Project shall be suitable for the purposes for which it is intended, comply with all applicable codes and laws, and be completed on a timely basis within the approved construction budget. The services are described under the Project Phases in which they customarily occur. This order is for convenience only and does not necessarily reflect the sequence in which a service will actually be performed, or necessarily limit the Project, or a designated portion of the Project, to one of each Phase. These Phases may be divided to facilitate the procurement of segregated portions of the Work. The Owner reserves the right to designate the phasing of segregated portions of the Work and to modify the Management Plan, within the terms and conditions of this Agreement. The Owner may eliminate one or more Phases if they are not applicable to the Project.

The Professional Consultant shall comply with all directives and memoranda issued by THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, and shall incorporate them into the Project if within the terms of this Agreement, and shall comply with all requirements of the State Department of Education, to the end that plans and specifications shall meet or exceed the minimum standards for planning, design and construction adopted by the State Department of Education and all other applicable laws of the State of Florida.

A. PRE-DESIGN PHASE

1. The Professional Consultant shall advise the Owner in establishing civil designguidelines for the project.

2. The Professional Consultant shall serve as a team member and advise on theappropriateness of the land surveying or civil design portions of the ProjectConstruction Budget as it relates to Program Requirements, Design Guidelinesand Educational Specifications.

3. The Professional Consultant shall review all Owner furnished information, dataand services, verify that it is correct and certify that it is acceptable for their use onthe project.

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4. The Professional Consultant shall become familiar with the Owner’s FacilityStandards and utilize them in his project design and specifications.

B. SCHEMATIC DESIGN PHASE

1. Upon written authorization from the Owner to proceed and, based on theapproved Project Construction Budget & Program Requirements, the ProfessionalConsultant shall prepare Schematic Design Studies consisting of drawings andother documents illustrating the design concept, scale and relationship of theProject components for approval by the Owner.

2. The Professional Consultant shall provide the Owner periodically with copies ofSchematic Design Studies for the Owner's review during the Schematic DesignPhase. At the end of the Schematic Design Phase the Professional Consultantshall provide the Owner with three (3) complete sets of the drawings and otherdocuments for approval by the Owner.

3. Documents prepared by the Professional Consultant for final Schematic DesignPhase submittal shall include drawings of all existing and proposed site elementsand the Professional Consultant's Construction Contract(s) Award Price(s)(CCAP) estimate. The Professional Consultant shall prepare the estimate in suchdetail to assure itself that the project cost is within the CCAP.

4. The Professional Consultant shall participate as requested in meetings withOwner's staff to review the project and receive the Owner's input.

5. The Professional Consultant shall make presentations as scheduled to the SchoolBoard and/or its committees.

6. Upon Owner acceptance and approval of the Schematic Design, the designconcept may not be changed except by Owner approval.

7. The Owner may combine the Schematic Design Phase with the DesignDevelopment Phase.

C. DESIGN DEVELOPMENT PHASE

1. The Professional Consultant shall prepare from the approved Schematic DesignStudies, for further approval by the Owner, the Design Development Documentsconsisting of drawings and other documents to fix and describe the size andcharacter of the entire Project as to site elements.

2. Design Development Documents prepared by the Professional Consultant shallinclude drawings and the CCAP estimate and breakdown in more detail than the

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Schematic Design Documents and shall take into account the Owner's comments on the previous submittal. Additionally, a report shall be submitted containing a discussion of design factors, if any, as are pertinent in the opinion of the Professional Consultant; and outline descriptions of proposed engineered systems, construction methods, materials and work to be included in the construction contracts. Drawings shall include a dimensioned site development plan and information on fundamentals of major engineered systems.

3. The Professional Consultant shall provide the Owner periodically with copies ofin-progress Design Development Documents during the Design DevelopmentPhase. At the end of the Design Development Phase the Professional Consultantshall provide the Owner with three (3) complete sets of drawings and otherdocuments for approval by the Owner.

4. The Owner may combine the Design Development Phase with the ConstructionDocument Phase.

D. CONSTRUCTION DOCUMENT PHASE

1. Upon written authorization from the Owner to proceed, the ProfessionalConsultant shall prepare from the approved Design Development DocumentsConstruction Documents setting forth in detail the requirements for theconstruction of the Project. The Owner will provide the Contract, anySupplementary Conditions, the Advertisement for Bids, all of which theProfessional Consultant shall incorporate into the Construction Documents.

2. Construction Documents shall be packaged as prescribed in the Management Planand be completed in accordance with the Schedule.

3. Detailed drawings shall cover all work included in the Project or designatedportion thereof.

4. Single or multiple contracts shall be as agreed to by the Owner, and the detaileddrawings for each contract shall be prepared by the Professional Consultant withappropriate designation noted thereon.

5. Specifications shall be prepared using the Construction Specifications Institute’smost current format. The sixteen (16) division format may be used with theOwner’s specific approval.

6. The Professional Consultant shall prepare final Construction Documents and BidDocuments, including final Specifications for all authorized work on the Projectand shall incorporate in those final documents the comments and anymodifications and changes desired by the Owner and any modifications required

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for compliance with applicable codes, regulations, standards, the approved program, and prior written approvals and instructions of the Owner. The resulting final Construction Document submittal is to be a complete, fully coordinated, integrated package, suitable for bidding distribution, meeting all the civil design requirements of SREF – State Requirements for Educational Facilities 1999, Chapter 4/Section 4.3/Paragraph (3) without any significant addenda or further clarification required per requirements of Attachment “A”. Three (3) sets of documents shall be submitted to the Owner for review and approval. Upon approval of the final documents by the Owner the Professional Consultant shall submit the following signed and sealed sets of documents: one (1) to DOE; one (1) to Owner and three (3) to SBBC Building Department. The ProfessionalConsultant shall be responsible for the coordination of all drawings and designdocuments relating to the Professional Consultant's design of the project,regardless of whether such drawings and documents are prepared or performed bythe Professional Consultant or by others.

7. The Professional Consultant shall participate in such reviews and meetings as arenecessary to ensure that the project design conforms to all applicable codes and allrequirements of responsible agencies and will make any changes to theConstruction Documents which are required for issuance of all permits and legalauthorization needed to construct the Project.

8. Documents prepared by the Professional Consultant for final ConstructionDocuments shall include the final working drawings, specifications, a final CCAPestimate and breakdown, and a Project Schedule. The Professional Consultantshall prepare such estimates in detail to assure itself that the project cost is withinthe CCAP.

9. The Professional Consultant shall prepare separate construction documents toallow early bid of long-lead time items identified by the Professional Consultantand agreed to by the Owner. These documents shall provide for completecoordination and integration of these items into the project.

E. CONSTRUCTION BID/AWARD PHASE

1. After receiving written authorization from the Owner, the Professional Consultantshall proceed with the Construction Bid Phase. There may be more than oneConstruction Bid Phase, depending upon the Management Plan.

2. The Professional Consultant shall prepare such clarifications and addenda to thebidding documents as may be required. The Professional Consultant will providethese to the Owner for review prior to issuance to all holders of bid documents.

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3. The Owner will schedule and conduct Prebid Conferences with prospectivebidders to review the Project requirements. The Professional Consultant shallprovide knowledgeable representatives, including representatives of itssubconsultants, to participate in these conferences to explain and clarify BiddingDocuments. Within a reasonable time after the Prebid Conference, theProfessional Consultant shall deliver to the Owner, if needed, a final Addendum.

4. The Professional Consultant shall assist the Owner in obtaining bids.

5. The Professional Consultant shall prepare a certified bid tabulation andrecommendation to the Owner concerning the Contract Award.

6. Should first bidding or negotiation produce prices in excess of the approvedCCAP, the Professional Consultant shall participate with the Owner in such re-bidding, and re-design, at no additional expense to the Owner, as may benecessary to obtain price(s) within the approved CCAP or price(s) acceptable tothe Owner. The Owner will assist in re-design decisions. All re-design must beapproved by the Owner.

7. Should the Professional Consultant re-design or conduct re-bidding under itsresponsibilities set out in the preceding paragraph, it’s Construction Phase andPost Construction Phase services shall be extended to take re-design/re-bid delaysinto account at no additional expense to the Owner.

8. The Professional Consultant shall assist the Owner in the preparation of theAgreement(s) between the Owner and Contractor(s) for the Owner's execution.The Owner will coordinate award(s) and Notice(s) to Proceed.

9. The Professional Consultant shall coordinate and document the reproduction,distribution and retrieval of the bidding documents. In addition to the bidders,documents shall be issued to all required code authorities, contractors, plan roomservices, and others, as the Owner designates.

F. CONSTRUCTION PHASE

1. The Construction Phase for each portion of the Project shall commence with theaward of the Construction Contract and will terminate when the Final Completionpayment is made by the Owner.

2. The Professional Consultant shall consult with the Owner and participate in alldecisions as to the acceptability of subcontractors and other persons andorganizations proposed by the Contractor for various portions of the work.

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3. The Professional Consultant shall review and approve shop drawings, samplesand other submissions of Contractor(s) as well as the work performed by theContractor(s) for conformance with the design concept of the Project and forcompliance with the Contract Documents. The review and return of submittalsshall be accomplished by the Professional Consultant within ten (10) calendardays from date of receipt except when authorized by the Owner.

4. The Owner will establish with the Professional Consultant, procedures to befollowed for review and processing of all shop drawings, catalog submissions,project reports, test reports, maintenance manuals, and other necessarydocumentation, as well as requests for changes and applications for extensions oftime.

5. The Professional Consultant, when requested by the Owner, shall prepare ChangeOrder documentation, including that required by SREF – State Requirements forEducational Facilities 1999 Volume I, Chapter 4 and the Contract.

6. The Professional Consultant shall render to the Owner, within two (2) workingdays unless otherwise authorized by the Owner, interpretations of requirements ofthe Contract Documents. The Professional Consultant shall make allinterpretations consistent with the intent as is reasonably inferable from theContract Documents. The Professional Consultant's decision in matters relating toartistic effect shall be final if consistent with the intent of the ContractDocuments.

7. Should errors, omissions or conflicts in the drawings, specifications or otherContract Documents by the Professional Consultant be discovered, theProfessional Consultant will prepare and submit to the Owner, within two (2)working days unless otherwise authorized by the Owner, such amendments orsupplementary documents and provide consultants as may be required, for whichthe Professional Consultant shall make no additional charges to the Owner.

8. The Professional Consultant shall be a point of contact with any and all CivilContractors, except when the Owner shall direct the Professional Consultantotherwise. All instructions to the Civil Contractor(s) shall be issued by theProfessional Consultant except when directed otherwise by the Owner.

9. The Professional Consultant will have access to the work at all times.

10. The Professional Consultant shall make such periodic visits to the Project site asmay be necessary to review the progress and quality of the work and to determineif the work is proceeding in accordance with the Contract Documents. On thebasis of such on-site observations, the Professional Consultant shall take theappropriate steps to guard the Owner against defects and deficiencies in the work

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of the Contractor. If the Professional Consultant observes any work that does not conform to the Contract Documents, the Professional Consultant shall immediately make an oral and written report of all such observations to the Owner. The Professional Consultant shall not be required to make exhaustive or full-time on-site observations to check the quality or quantity of the work, but shall make as many observations as may be reasonably required to fulfill their obligations to the Owner. The Professional Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work.

11. The Professional Consultant shall prepare a report on each site visit, and submitthe report to the Owner within three (3) working days of the visit.

12. The Professional Consultant shall participate in weekly construction progressmeetings attended by the Owner and Contractor, unless otherwise authorized bythe Owner. The Professional Consultant’s subconsultants shall attend asnecessary.

13. Based upon observations at the site and upon the Contractor's applications forpayment, the Owner and Professional Consultant shall jointly determine theamount owing to the Contractor(s), pursuant to the terms of the Owner/ContractorAgreement, and shall issue Certificates of Payment to the Owner in such amounts.The Owner shall consult with the Professional Consultant in the determination ofthe amount due the Contractor and the Professional Consultant shall sign theCertificate of Payment prior to the time it is transmitted to the Owner. TheProfessional Consultant's signing of a Certificate of Payment shall constitute arepresentation by the Professional Consultant to the Owner, based upon theProfessional Consultant's observations at the site and the data comprising theApplication for Payment that the work has progressed to the point indicated, thatto the best of the Professional Consultant's knowledge, information and belief, thequality of the work appears to be in accordance with the Contract Documents(subject to: an evaluation of the work for conformance with the ContractDocuments upon Substantial Completion; the results of any subsequent testsrequired by the Contract Documents; minor deviations from the ContractDocuments correctable prior to completion; and to any specific qualificationsstated in the Certificate for Payment), and that the Contractor is entitled topayment in the amount certified. However, if it should later be found that theContractor has failed to comply with its contract with the Owner in any way ordetail, such failures and subsequent compliance shall be the sole responsibility ofsaid Contractor. By signing a Certificate of Payment to the Owner, theProfessional Consultant shall not be deemed to represent that it has made anyexamination to ascertain how and for what purpose the Contractor has used themonies paid on account of the Construction Contract Sum but nothing stated

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herein will act to absolve the Professional Consultant from any responsibilities stated elsewhere in the contract.

14. If, in accordance with its duty, the Professional Consultant advises the Owner ofnon-conforming work as stated in Paragraph 10, the Professional Consultant shallconfirm the non-conformance in writing to the Owner within two (2) days ofobservation.

15. The Professional Consultant and the Owner jointly shall have authority tocondemn or reject work on behalf of the Owner when in the Owner's or theProfessional Consultant's opinion, the work does not conform to the ContractDocuments. Whenever in the Owner's or the Professional Consultant's reasonableopinion it is considered necessary or advisable to insure the properimplementation of the intent of the Contract Documents, the Owner shall have theauthority to require special inspection or testing of any work in accordance withthe provisions of the Contract Documents whether or not such work is fabricated,installed or completed.

16. The Professional Consultant shall obtain governing agency approval if anyexceptions arise related to the design or specified materials.

17. When the Owner agrees that the work or portions of the work are substantiallycomplete, the Professional Consultant and its subconsultants shall inspect thework or portions of the work and prepare and submit to the Owner punch lists ofthe work of the Contractor(s) which is not in conformance with the ContractDocuments. The Owner may request that the Professional Consultant inspect andprepare a punch list on any portion of the work.

18. The Professional Consultant shall ensure Contractor(s) as-builts are up to dateduring the monthly application for payment review. Upon completion of theproject the Professional Consultant shall revise his electronic documents to showsignificant changes in the work made during the construction process, based onneatly and clearly marked-up contract drawings, prints, and other data furnishedby the Contractor(s) and the applicable Addenda, Clarifications, and ChangeOrders which occurred during the project. The Professional Consultant shallfurnish one set of signed and sealed as-built drawings to the Owner, which areclearly marked “AS-BUILT DRAWINGS”.

19. The Professional Consultant shall assist or update the Owner's PropertyAccounting Drawings for the project in a computerized and printed formatacceptable to the Owner.

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20. The Professional Consultant shall be responsible to ensure that instruction isprovided in the operation of any equipment or system such as initial start-up,testing, adjusting and balancing.

21. The Professional Consultant and/or its subconsultants shall observe and reviewtest data of the original operation of any equipment or system such as initial start-up, testing, adjusting and balancing to make sure that all equipment and systemsare properly installed and functioning in accordance with the design andspecifications.

22. The Professional Consultant shall review the Contractor-furnished maintenanceand operating instructions, schedules, guarantees, bonds, and certificates ofinspection as required by the Construction Documents and forward all approvedcopies to the Owner for use by the Owner. In addition, the ProfessionalConsultant shall conduct such observations as necessary to ensure all material andequipment warranties are in compliance with applicable specifications.

23. The Professional Consultant and its subconsultants shall conduct up to two (2)comprehensive Final Completion inspections per construction or site contract atthe request of the Owner. If more than two (2) Final Completion inspections arerequired, through no fault of the Professional Consultant, the additionalinspections shall be deemed additional services.

24. Upon correction of the deficiency reports (punch lists), and acceptance of all otherclose-out submittals and certificates of the Contractor, the Professional Consultantshall approve the Application for Final Payment and forward it to the Owner forexecution.

G. POST CONSTRUCTION PHASE

1. The Professional Consultant and its subconsultants shall conduct an inspection ofthe project thirty (30) working days prior to warranty expiration and provide to theOwner a written report specifying any warranty deficiencies which may exist. Thewarranty period shall be 12 months from Substantial Completion.

2. The Professional Consultant shall obtain final approvals from documents providedby the Construction Contractor, required by the Florida Administrative Coderelated to the design or specified materials.

H. ADDITIONAL SERVICES

Provide the following additional services, furnished or obtained from others, asauthorized by the Owner in writing.

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The Professional Consultant shall be paid for these additional services by the Owner as herein provided.

1. Feasibility or other special studies.

2. Design services relative to future facilities, systems and equipment which are notintended to be constructed as part of the Project other than general planning andMaster Planning for future work as indicated by the Program of Requirements.

3. Major revisions in Drawings, Specifications or other documents, and preparation,review and/or evaluation of change orders, construction change directives, andcontractor proposals, when such are inconsistent with written approvals orinstructions previously given by the Owner or are due to causes beyond thecontrol and without the fault and negligence of the Professional Consultant or itssubconsultants or agents.

4. Supporting data and other services in connection with an Owner-initiated changeorder if the Basic Compensation is not commensurate with the services requiredof the Professional Consultant.

5. Operating and maintenance manuals, training personnel for operation andmaintenance, and consultation during operations other than initial start-up andwarranty period.

6. To serve or serving as an expert witness for the Owner in connection with anypublic hearing, arbitration proceeding or legal proceeding; however, preparing toserve or serving as a fact witness for the Owner or rendering testimony necessaryto secure governmental approvals for the Project shall not constitute an additionalservice.

7. Services and costs necessitated by out-of-town travel required by the ProfessionalConsultant and approved by the Owner other than visits to the Project and otherthan for travel required to accomplish the Basic Services.

8. Other services not otherwise included in the Agreement or not customarilyfurnished in accordance with generally accepted land surveying or civilengineering practices consistent with the terms of this Agreement.

9. Notwithstanding anything to the contrary expressed elsewhere in this Agreement,no design or construction services made necessary, in whole or in part, by anyfault or omission of the Professional Consultant to perform its duties,responsibilities or obligations under this Agreement, shall be compensated.

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10. Plan review of other consultant’s documents for compliance with State and Localrequirements and standards.

11. Preparation of Design-Build criteria.

I. PAYMENTS

1. Pre-Design work will be reimbursed on an hourly rate or by agreement.

2. Additional services work will be reimbursed by an agreed upon hourly rate schedule.See Exhibit B.

3. Schematic, Design Development, Construction Document, School Board of BrevardCounty Building Department and DOE approval, Bidding, and ConstructionAdministration services reimbursed as follows:

Schematic Phase 15% Design Development Phase 15% Construction Documents Phase 35% SBBC Building Department and DOE approval 05% Bidding 05% Construction Administration 25%

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Principal

Project Manager

Senior PE

PE

Surveyor

Survey Crew

Inspector

E.I./Designer

Senior CADD Technician

CADD Technician

Administrative/Technical

Clerical

Per Hour Rate SchedulesRFQ 14-Q-001-KR Continuing Contracts for Civil Engineering Services

EXHIBIT B

Approved reimbursable expenses shall be billed at 1.1 times actual cost.