M_24-1003-Q_-AR917_Design_Professional_Srvs._Addendum_2.pdf

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Attached to
Design Professional Services for Eustis High School Addition
Solicitation number
24-1003-Q-AR917
Issued by
Jackson County, Florida

About this file

This document is Addendum No. 2 for RFQ # 24-1003-Q-AR917 issued by Lake County Schools Procurement Services in Tavares, Florida, addressing Design Professional Services for the Eustis High School Addition project. The addendum, dated October 18, 2024, addresses three specific questions regarding the original solicitation document, focusing on revisions to indemnification provisions and the professional services agreement. The addendum instructs respondents to redline the attached draft agreement with requested changes, specifically relating to statutory compliance with Florida Statute 725.08 for design professionals in public agency contracts.

The addendum provides detailed modifications to three key sections: the Indemnification/Hold Harmless Agreement, the Draft Agreement's indemnification language, and the description of the fiduciary relationship between the Design Professional and the Owner. Respondents are directed to make these changes in accordance with the RFQ instructions and refer to the required package attachment F. The document maintains the original solicitation's terms and conditions, with these specific clarifications and revisions, and provides contact information for Angelita Russell, the Procurement and Contraction Manager, for any additional questions.

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Procurement Services 29529 CR 561 Tavares FL 32778, (352) 253-6760 Fax: (352) 253-6761 http://lake.k12.fl.us

“Equal Opportunity in Education and Employment”

ADDENDUM NO. 2

October 18, 2024

RFQ # 24-1003-Q-AR917 – Design Professional Services for Eustis High School Addition

The original 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.

This addendum is being issued to address questions received, make revisions to the original solicitation document and release attachments.

The following are questions and answers regarding the above mentioned solicitation:

1. Question:

As written in the RFQ in Section G. General Terms and Conditions, Section 22. Indemnification/Hold Harmless Agreement is not in compliance with F.S. 725.08 for design professionals in a professional services contract with a public agency. Would the School Board please replace the indemnity provision with the following quoted text below which is statutorily compliant? “Respondent shall indemnify and hold harmless Lake County Schools and its officers and employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys` fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Respondent and other persons employed or utilized by the Respondent, in the performance of the Agreement.”

Answer: Please redline the attached draft agreement with the changes requested per the RFQ instructions. Please Refer to the required package attachment F.

2. Question:

In the Draft Agreement, under Article 8. Indemnification, Section 8.1 is not in compliance with F.S. 725.08 for design professionals in a professional services contract with a public agency. Would the School Board please replace the indemnity provision with the following quoted text below which is statutorily compliant? “DESIGN PROFESSIONAL shall indemnify and hold harmless OWNER and its officers and employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys` fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DESIGN PROFESSIONAL and other persons employed or utilized by the DESIGN PROFESSIONAL, in the performance of the Agreement.”

Answer: Please redline the attached draft agreement with the changes requested per the RFQ instructions.

Please refer to the required package attachment F.

3. Question:

In section 17.1 of the Draft Agreement, the fiduciary relationship described between the Design Professional and the

Owner is not appropriate for a professional services agreement. Would the School Board consider replacing Section

17.1 with the following quoted text below? "Design Professional shall perform its Services for the School Board in accordance with generally accepted standards and practices customarily utilized by competent design professionals currently practicing under similar circumstances."

Answer: Please redline the attached draft agreement with the changes requested per the RFQ instructions.

Please refer to the required packet attachment F http://lake.k12.fl.us/

“Equal Opportunity in Education and Employment”

If you should have any questions regarding this addendum, please do not hesitate to contact Angelita Russell at russella3@lake.k12.fl.us or by phone at 352-253-6763.

Sincerely, Angelita Russell, MBA Procurement and Contraction Manager, Procurement Services

Acknowledgement of Addendum No. 2 by Respondent The Respondent hereby will acknowledge receipt of the following Addendum on the designated area of the Proposal Acknowledgement Form.

The Acknowledgement of Addendum receipt will become an integral part of the solicitation document. In acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications.

All other bid terms, conditions, and specifications as originally issued remain unchanged.

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