Loading...
04/14/1993 AgreementAVIATION SERVICES AGREEMENT BETWEEN THE COUNTY OF MONROE, FLORIDA AND DAMES & MOORE This agreement (the Agreement) for Aviation Consulting Services is made and entered into this 1q* day of 1993 by and between the County of Monroe, Key West, Florida, a public body incorporated under the laws of the State of Florida, hereinafter designated as the "CLIENT," and DAMES & MOORE, One North Dale Mabry, Suite 700, Tampa, Florida, hereinafter designated as the "CONSULTANT." Whereas the CLIENT is in need of professional assistance relative to development of the Key West International Airport, and whereas, the CONSULTANT represents that it is in compliance with the Florida Statutes relating to the practice of airport planning and design and signifies its willingness to provide the desired services. The parties hereto agree to services and conditions as hereinafter stated. ARTICLE 1 THE PROJECT: The PROJECT is known as professional aviation consulting and engineering services relative to Key West International Airport. Services will include, but not be limited to, preparation of Development of Regional Impact and Major Conditional Use Applications for Key West International Airport, and other aviation consulting and planning and engineer services, each individually negotiated and defined, as authorized, and made part of this Agreement througo a Work Authorization, in accordance with Article II of this Agreement. A ditailed de)9ript(6-n of all work elements will be contained in each Work Authorization which woe "executed prk� to initiation of work and which upon execution by both parties will become, an intwal part of the Agreement. ARTICLE II SERVICES BY THE CONSULTANT: The Scope of Services that the CONSULTANT will provide the CLIENT, under this Agreement, shall be rendered as follows: ITEM 1. PROJECT MANAGER Throughout all phases of the PROJECT, the CONSULTANT shall assign to the PROJECT a Project Manager, approved by the CLIENT, together with such technical and clerical staff as he may from time to time require, who shall be responsible for the performance of the administrative functions of a technical nature involved in properly coordinating, expediting, and controlling all technical aspects of the PROJECT to assure its complete integrity including the maintenance of complete PROJECT files with copies of appropriate correspondence and other documentation to be furnished the CLIENT as accumulated. Page 1 bAaviation.agr DAMFS & MOORF I ITEM 2. BASIC SERVICES Upon notice to proceed from the CLIENT, the CONSULTANT will perform Basic Services defined by Work Authorization attached to this Agreement. ITEM 3. ADDITIONAL SERVICES Provide additional services, as required, to fully complete the program. The scope and cost of such services will be agreed upon in advance and will be authorized by Work Authorization attached to this Agreement. Any copies of documents, reports, drawings, files or specifications requested by CLIENT and obtained from CONSULTANT after six months from the date of the last invoice on this project shall be provided at actual cost. ARTICLE III RESPONSIBILITY OF THE CLIENT: The CLIENT shall: A. Provide full information as to the CLIENT's requirement for the work. B. Assist the CONSULTANT by placing at his disposal all available information pertinent to the site of the work including previous reports and any other data relative to the work. CONSULTANT shall rely upon CLIENT furnished information as accurate and shall not have an obligation to confirm its accuracy unless otherwise stated in the Agreements. Any additional work or revisions to completed work performed by CONSULTANT -as a result of inaccurate information supplied by the CLIENT shall be paid for as an additional service. C. Guarantee access to and make all provisions for the CONSULTANT to enter upon public lands as required for the CONSULTANT to perform his work under this Agreement. D. Examine all studies, reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the CONSULTANT and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the work of the CONSULTANT. E. Advertise for proposals from bidders, open the proposals at the appointed time and place, and pay for all costs incident thereto. F. Provide such legal, accounting, and insurance counseling services as may be required for the work. Page 2 b Aaviation .agr DAMES S MOOR! G. Designate in writing a person to act as CLIENT's representative with respect to the work to be performed under this Agreement; such person shall have complete authority to transmit instructions, receive information, interpret and define CLIENT's policies and decisions with respect to materials, equipment elements, and systems pertinent to the work covered by this Agreement. H. Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the work. I. Obtain approval of all governmental authorities having jurisdiction over the work and such approvals and consents from such other individuals or bodies, as may be necessary for completion of the work. J. If the CONSULTANT's, most recent cost estimate for the work or the lowest bona fide CONTRACTOR's proposal is in excess of available funds or any limit stated, the CLIENT shall give written approval of an increase in the limit, or he shall cooperate in revising the work's scope or quality, or both, to reduce the costs as required. K. Furnish, or direct the CONSULTANT to provide at the CLIENT's expense, necessary additional services required for the work and which are not provided by the CONSULTANT. L. Assist, as necessary, the CONSULTANT with the collection of required data from Key West International Airport Tenants. ARTICLE IV COMPENSATION: Payment to the CONSULTANT for all services provided in accordance with this Agreement shall be described in each Work Authorization. The CONSULTANT will be paid by the CLIENT for the complete work or services rendered under this Agreement on the basis and at the price set forth in the Work Authorization. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. ITEM 1. INVOICING Invoices will be issued at least every four weeks, payable within thirty (30) days. Invoicing format will be agreed to and established prior to initial billing. Page 3 b Aaviation.agr D MFS S N100RF ARTICLE V CONSTRUCTION COST: Cost estimates prepared by the CONSULTANT represent his best judgment as a professional familiar with the aviation industry. It is recognized, however, that neither the CONSULTANT nor the CLIENT have any control over the cost of labor, materials or equipment, over the CONTRACTOR's method of determining bid prices, or over competitive bidding or market conditions. Accordingly, the CONSULTANT cannot and does not guarantee that construction bids will not vary from cost estimates prepared by him. ARTICLE VI INSURANCE: The CONSULTANT shall at all times carry, on all operations hereunder, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance, in an amount not less than $1 million per person per occurrence. The CLIENT shall be named additional insured and furnished with certificates evidencing such coverage. The CONSULTANT shall also carry at all times, on all operations hereunder, professional liability insurance in an amount not less than $1 million. The CONSULTANT shall hold harmless the CLIENT from claims and liabilities due to its negligent acts, errors or omissions. ARTICLE VII TERMINATION OF AGREEMENT: This Agreement may be terminated by either party upon thirty (30) days written notice. The CONSULTANT shall be paid compensation for services performed and direct costs to termination date, said compensation and expenses to be established pursuant to negotiation between the parties. Breach of Agreement terms by either party shall provide grounds for termination, or administrative, contractual, or legal remedies, as appropriate. ARTICLE VIII OWNERSHIP OF DOCUMENTS: One set of reproducible drawings, plans, specifications, maps, charts and Agreement documents are to become the property of the CLIENT, whether the PROJECT for which they are made be executed or not. Original documents, such as tracings, plans, specifications, maps, basic survey notes and sketches, charts, computations, and other data prepared or obtained under the terms of this Agreement, are instruments of service and will remain the property of the CONSULTANT unless otherwise agreed. The CONSULTANT will maintain all required records for not less than three years after the CLIENT makes final payment and all other pending matters are closed. Page 4 b:\aviation.agr DAMES `: MORE ARTICLE IX SUCCESSORS AND ASSIGNS: The CLIENT and the CONSULTANT each binds himself, his partners, successors, assigns, and legal representatives to the other party to this Agreement and the partners, successors, and assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the CLIENT or the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. The CONSULTANT will not have the right to subcontract this Agreement, or any part or portion thereof, without having in advance of such subcontracting the written consent of the CLIENT. ARTICLE X TRUTH IN NEGOTIATIONS: The CONSULTANT certifies that the wage rates and other factual unit costs supporting the fixed price compensation are accurate, complete and current at the time of contracting and that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums where the CLIENT determines the Agreement price was increased to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such Agreement adjustments shall be made within one (1) year following the end of the Agreement. Certification by the CONSULTANT as to the Truth in Negotiations will be provided in Appendix 1. ARTICLE XI EQUAL EMPLOYMENT OPPORTUNITY: The CONSULTANT will comply with the provisions of Executive Order 11246, entitle, "Equal Employment Opportunity," as supplemented in the Department of Labor Relations (41 CFR, Part 60) applicable to this project. The CONSULTANT declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, or age. The CONSULTANT will assure that the provisions of Appendix 2 are incorporated in the Agreement documents. ARTICLE XII PROHIBITION AGAINST CONTINGENT FEES: The CONSULTANT warrants, by the attached Certification, that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, or subcontractor to solicit or secure this Agreement, and that the CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employees working for the CONSULTANT, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. Page 5 b:\aviation.agr RkMES & MORE ARTICLE XIII DEFINITIONS: Whenever used in this professional services Agreement the following terms or pronouns used in place of them shall be defined as follows: Additional Services - Services which the CLIENT may request or authorize the CONSULTANT to perform which are not included as part of the basic services. Agreement - This professional services Agreement entered into by and between the County of Monroe, Florida and DAMES & MOORE on which Work Authorization may be attached or appended. Basic and Additional Services - Services which are stated in Article II herein which the CONSULTANT shall perform in accordance with the terms of this Professional Services Agreement. Direct Salary Costs - The salaries of professional, technical and clerical employees engaged on the project by the CONSULTANT and the cost of their mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. Page 6 bAaviation.agr D-\a[F'� & MOOKE IN WITNESS WHEREOF, the parties have set their hands and corporate seals by their proper officers, duly authorized to do so: By CONSULTANT this day of 1993. DAMES & MOORE pl��d�✓ ox.R�Ajm By the County this _ day of ryA0.('C'k , 1993. COUNTY OF MONROE By: ,/19rt /644. i,%j4 ids" a h Signed, sealed and delivered in the presence of: (SEAL) ATTEST: DANNY L KOMAGE, Clerk By: ' Witness to the Count Page 7 b Aaviation .agr NOTARY PUBLIC, STATs O! pLORM& MY COMMISSION EZPIRES: )sly 19, I"L /OMM TIMU NOTARY PVM= UNORRWRMUM APPROVED AS TO FOR AN AL SUFFICIEN By aWrs otros Date D.'kmEs c Ntuu[:E CERTIFICATE OF PROJECT CONSULTANT I hereby certify that I am an officer and duly authorized representative of the firm of DAMES & MOORE, whose address is One North Dale Mabry, Suite 700, Tampa, Florida 33609, and that neither I nor the above firm I represent has: a. Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this Agreement; b. Agreed, as an express or implied condition for obtaining this Agreement, tc employ or retain the services of any firm or person in connection with carrying out the Agreement, or; C. Paid or agreed to pay any firm, organization, or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as here expressly stated (if any). I acknowledge that this certificate is subject to applicable state and federal laws, both criminal and civil. DAMES & MOORE Page 1 b:%aviation.agr D.,,\tES & MORE APPENDIX 1 TRUTH IN NEGOTIATION CERTIFICATE I hereby certify that the wage rates and other factual unit costs used to compute the compensations for the various services listed in this Agreement are accurate, complete and current at the time of contracting and that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums where the CLIENT determines the Agreement price was increased to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. DAMES & MOORE Page 2 bAovistion.agr DAMES & MORE APPENDIX 2 CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this Agreement, the CONSULTANT, for itself, its assigns and successors in interest (hereinafter referred to as the "CONTRACTOR") agrees as follows: Compliance with Regulations. The CONTRACTOR shall comply with Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Non-discrimination. The CONTRACTOR, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractor, including procurement of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the CONTRACTOR for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this Agreement and Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports. The CONTRACTOR shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by, the CLIENT to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refused to furnish this information, the CONTRACTOR shall so certify the CLIENT, as appropriate, and shall set forth what efforts it has made to obtain the information. Page 3 b:\aviadon.ayr DAMES & MOORE 5. Sanctions for Noncompliance. In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement, the CLIENT shall impose such Agreement sanctions as it may determine to be appropriate, including, but not limited to: a. withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies, and/or; b. cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorooration of Provisions. The CONTRACTOR shall include the provisions of paragraph 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONTRACTOR shall take such action with respect to any subcontract or procurement as the CLIENT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the CLIENT to enter into such litigation to protect the interests of the CLIENT and, in addition, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this Agreement. 2. MBE Obligation. The CONTRACTOR agrees to ensue that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contractors. CONTRACTORS shall not discriminate on the basis of race, color, national origin, or sex the award and performance of DOT assisted contracts. Page 4 b:\aviation.ayr DAMES & MORE WORK AUTHORIZATION 1 KEY WEST INTERNATIONAL AIRPORT MAJOR CONDITIONAL USE AND DEVELOPMENT OF REGIONAL IMPACT (DRI) AVIATION SERVICES AGREEMENT BETWEEN THE COUNTY OF MONROE AND DAMES & MOORE In accordance with Articles I and II of the Aviation Services Agreement dated the th day of , 1993 between the County of Monroe and Dames & Moore, this Work Authorization provides the Authorization for preparation of a Major Conditional Use application and DRI for improvements at Key West International Airport, as set forth in Attachment 1. NOW THEREFORE, that in consideration of the mutual covenants and agreements contained herein, the parties do mutually agree as follows: A. SCOPE OF WORK The Scope of Work for this Work Authorization shall be as indicated on ATTACHMENT 1 hereto, entitled Scope of Work, Major Conditional Use and DRI, Key West International Airport. B. PERIOD OF SERVICE TIME Consultant will begin work promptly after receipt of a fully executed copy of the Work Authorization under this Agreement and shall complete the work within the time frame indicated in Attachment 1; such receipt shall constitute written notice to proceed. If Consultant's services called for under this Agreement are delayed or suspended in whole or in part by CLIENT for reasons beyond CONSULTANT's control, the time for performance shall be adjusted appropriately. If such delay or suspension extends for more than one year for reasons beyond the CONSULTANT's control, various fees and/or rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. Any change in such fees shall apply only to the unfurnished services as of the effective date of such change. C. COMPENSATION Compensation for the work to be performed under this Work Authorization shall be in accordance with Article IV of the approved AGREEMENT dated , 1993 between the County of Monroe and Dames & Moore as set forth in Attachment 1. Compensation shall be a maximum of two hundred and fifteen thousand dollars ($215,000), based on the Schedule of Compensation which follows. Actual compensation for Tasks 11, 111, IV, and V shall be determined after completion of the previous task. Compensation for each Task shall not exceed that indicated on the Schedule of Compensation. taskorde.t Page 1 TASK Task I Task II Task III Task IV Task V KEY WEST INTERNATIONAL AIRPORT MAJOR CONDITIONAL USE AND DRI SCHEDULE OF COMPENSATION BASIS OF COMPENSATION Time and Expense Lump sum to be determined after completion of Task 1 Time and Expense with upset limit to be determined after completion of Task II Time and Expense with upset limit to be determined after completion of Task III Time and Expense with upset limit to be determined after completion of Task IV MAXIMUM COMPENSATION $ 20,000 $ 111,000 $ 30,000 $ 20,000 $ 34,000 TOTAL $ 215,000 Note: 1) Task descriptions are as defined in Attachment 1 Invoicing shall be monthly, based on percent completed for lump sum items, and direct payroll costs times 3.0 plus expense for time and expense items. taskorde.1 Page 2 DAME'S & MO ORE D. SIGNATURES IN WITNESS WHEREOF, the County of Monroe and Dames & Moore, hereto have made and executed this Task Order 1 the day and year written. County of Monroe Date: Dy- /N- M (SEAL) ATTEST: DAMP 4 XOLHAGI, Clerk By: •Lda C. ®v�yc�rt taskorde.l Page 3 Date: 0, NOTARY PUBLIC, STATE Of MORIDA. MY COMMISSION BZPIRES: July 19, 199& BONDED TBiu MOUSY fVK C MOCK 1UM& APPROVED AS TO FORM 82EGAL SUFFICI Sy rneys Offs rW- !late [ vmpt ti Mo(-o1: ATTACHMENT 1 KEY WEST INTERNATIONAL AIRPORT MAJOR CONDITIONAL USE AND DRI SCOPE OF WORK MARCH 1993 INTRODUCTION This scope of work incorporates the proposed expansion of the existing terminal building at the Key West International Airport. The proposed expansion exceeds the 120 percent threshold for determining whether a development is required to undergo the Development of Regional Impact (DRI) review process. By statute (Ch. 380.06, Florida Statutes), the proposed expansion is a DRI. Monroe County, in accordance with Section 9.5.252(c)(1) of the Monroe County Zoning Code, requires a Major Conditional Use review for airport uses of 5,000 square feet or more of enclosed space. Therefore, in accordance with Ch. 380.06, Florida Statutes and the Monroe County Zoning Code, Dames & Moore will provide the consultant services, as described in the task outline to follow, necessary to complete the DRI process and the Major Conditional Use review process. The Project Team shall include the Client, The General Consultant, David Volkert and Associates, and Dames & Moore and it's sub -consultants; LaRocca Resource Group, Inc., Airport One, Inc., and Environmental Consulting and Technology, Inc. Dames & Moore will be responsible for the coordination and management of the DRI review process and the Major Conditional Use review process. Under separate contract, David Volkert and Associates will be responsible for design of the terminal expansion. Together with the Client and the General Consultant, it will be critical that intercoordination efforts be maintained throughout the approval process. Coordination meetings and progress reports are expected to occur throughout the project and particularly following completion of major wp61\attach vK1.kay\9ab\6-13 2867.141 D,vmE,; "'. NIt,k,},I tasks. Coordination will also be required with the reviewing agencies, particularly Monroe County, the South Florida Regional Planning Council, the Florida Department of Community Affairs and the Florida Department of Transportation. TASK 1. PRE -APPLICATION MEETINGS AND DOCUMENTS A. Preparation of Pre -Application and Transportation Methodoln Documents Dames & Moore will prepare a project narrative that gives an overview of the main points of the proposed project based on the current Airport Master Plan. The project narrative will also address removal of those DRI questions which are deemed to be unnecessary and irrelevant to the proposed project. Twenty copies of the pre -application (project) narrative will be forwarded to the South Florida Regional Planning Council for their review and distribution. It is anticipated that prior to submittal to the regional planning council that a review and comment period will have taken place with the Client and other consultants, as necessary. Dames & Moore will conduct preliminary transportation analyses of the proposed terminal expansion and related improvements concentrating on trip generation to determine the magnitude of the potential impacts due to traffic increases that may result from the project. The results of this preliminary analysis will be used to prepare the methodology to minimize project related impacts. The information will be incorporated into a Transportation Methodology document which will stipulate the procedures to be utilized in performing the DRI transportation analysis including: primary traffic area, analysis time frames, background growth, other committed developments, programmed road improvements, trip generation, trip distribution and assignment, link maximum service volume, and intersection analysis. The basis for trip generation information will be a review of the current Airport Master Plan. The document will wp61\sttsehmom 1.k*Yb4b\6-13 - 2 - 2867-141 Rvmu,� &4 \j; )oi,1 be forwarded to the regional planning council after a review and comment period with the Client and other consultants (as necessary). Following the methodology/pre-application conference, the Transportation Methodology document will be revised (if necessary) and resubmitted as a final methodology statement to the appropriate reviewing agencies. B. Pre -Application Conference(s) DRI Dames & Moore will present the pre -application narrative to the South Florida Regional Planning Council in accordance with their procedures for such pre -application conferences. It may be necessary or advantageous to meet with the staff of the Regional Planning Council prior to a full Council meeting (if one is required). Additional conferences may be required with Monroe County and the Department of Community Affairs to specifically address their concerns and to work with the staffs to remove all unnecessary and irrelevant DRI questions. It is anticipated that presentation graphics may be appropriate for the pre -application conference before the Regional Planning Council. The graphics associated with the architects current Airport Master Plan will serve as the base maps at this stage in the DRI process. For this task up to two pre -application meetings/conferences is included. C. Pre -Application Meeting -Major Conditional Use Review DAMES & MOORE will meet with the Monroe County Planning Department in a pre -application conference to determine specific concerns of the department and to determine the local, regional, state and federal agencies that will be included in the development review. It is the intent of Dames & Moore to pursue an agreement wp61\etteehmem1 Aeylub\6-13 - 3 - 2867-141 1-)-V\1F� & NIi'""! whereby the information provided in the Environmental Assessment being performed under a separate contract, will be sufficient to meet or exceed the specific requirements for the environmental portion of the major conditional use review. TASK II. COMPLETED APPLICATIONS FOR DEVELOPMENT APPROVAL (ADA) AND MAJOR CONDITIONAL USE A. Anolication for Development Aooroval (ADA/DRI) Preparation Dames & Moore will prepare responses to all DRI questions that were not eliminated during the pre -application conference(s) as described in Chapter 27-F-2 of the Florida Administrative Code and the rules of the South Florida Regional Planning Council. The ADA's preparation assumes a single phase approach to development and does not include the analyses required if multiple options for development are proposed. Each ADA question is described in the following text, with a brief explanation of the approach to be taken by Dames & Moore in responding to the question. 1. Questions 1 - 8 - Genera/ Application Information Dames & Moore will provide general data related to the DRI project. The Client will provide the proper application signature, ownership information, legal description (and boundary survey) to Dames & Moore in response to DRI Questions 1, 4, and 5. 2. Question 9 - Maps Dames & Moore will work closely with the members of the project team to develop the following base maps: • General location map wp61\atuchmwftl .k*VWb\6-13 - 4 - 2867-141 R%ms ,�_ \1\1\,ht • Aerial photograph • topographic map delineating the 100-year flood prone areas • land use map • soils map • vegetation associations map • wildlife sampling stations and habitat map (if required) • master development plan • master drainage plan • transportation network map 3. Question 10 - Project Descri tv ion Dames & Moore will utilize information contained on the current Key West International Airport Master Plan and/or information provided by David Volkert & Associates as the basis for presenting a response to Question 10, Part 1. Such data will include a presentation of existing and proposed land uses, building area, and parking space provisions, a general description of the components, purpose, and benefits of the findings contained in the Master Plan, and a discussion of the site planning considerations that have been incorporated in the proposed project design. This task will include the analysis of the demand for the terminal expansion. The response to Question 10 Part 2 will include an analysis of the consistency with the currently approved comprehensive plan for Monroe County. Consistency with the goals and objectives of the Regional Comprehensive Policy Plan (Chapter 187 F.S.) will also be addressed. Parts 3 and 4 of Question 10 will address the estimated employment generated by the project and a summary of the wp61\sttachmern1.k&V\Mb%-13 - 5 - 2867-141 D.-vmi- & its. k lio' impacts that the terminal expansion will have on the natural resources and on the existing public facilities. 4. Question 11 - Revenue Generation Summary Dames & Moore will provide estimates of construction and non -construction (permanent) employment, by income group, that will be generated from the project. The basis for this information shall be the airport growth projections and updated information as it becomes available from David Volkert & Associates. Using this information, Dames & Moore will provide a projection of the estimated construction and non -construction expenditures generated by the project. Estimates of construction expenditures will be broken down by type (i.e., labor, materials, professional services, administration, overhead, etc.). In addition, the direct monetary costs and benefits of the project to the local government will also be assessed. This analysis will include an estimate of the average annual ad valorem tax yield from the proposed development (using available information on assessed value, millage rate, exemptions, etc.) and an estimate of capital improvement costs that will be borne by the local government for the installation of public facilities and transportation improvements necessitated by project development. 5. Questions 12 and 13 - Vegetation and Wildlife, Wetlands DRI Question 13 addresses wetland issues which are anticipated to require a minimal response. It is the understanding of Dames & Moore that the proposed airport improvements will occur in upland habitats. DRI Question 12 addresses vegetation and wildlife. Due to the Environmental Assessment that Dames & Moore is currently wa61\attachmarnt.kay4ab\6-13 - 6 - 2867-141 Dv,us 4 MOORF preparing for the Key West International Airport site, it is expected that a limited field review will be required to characterize the existing vegetation and to address the impacts of the proposed development. For the wildlife portion of Question 12, Dames & Moore will conduct a literature survey and field review to identify potential and actual wildlife/endangered species habitat on the project site. Because of the previously altered nature of the site, it is assumed that extensive surveys, as outlined in the Florida Game and Fresh Water Fish Commission's (FGFWFC) "Wildlife Methodology Guidelines For Computing Question 12 of the Application For Development Approval," will not be required. If required, Dames & Moore will conduct one guided field review to the project site. This scope does not include acquisition of the permits to impact/relocate any state or federally listed wildlife or plants on -site (should any be identified on -site). Dames & Moore will fully communicate the results of the above described tasks to the Client to provide anticipated environmental concerns and to select the best alternatives to properly address these concerns. 6. Question 14 - Water Quality Dames & Moore will address the existing hydrologic conditions and appropriate water quality conditions on and abutting the site. Dames & Moore is conducting a surface water and limited groundwater analysis under separate contract. It is assumed that information from this separate Scope of Work, the Key West International Airport Stormwater Management Plan, will be modified and wp61\ettechneml.key\u %-13 - 7 - 2867-141 incorporated into the ADA. If separate or additional information beyond that typically required to address this question (eg. additional field sampling) is required by the reviewing agencies, then the required analyses and/or information will constitute additional services. 7. Question 15 - Soils Dames & Moore will utilize data from the applicable U.S. Soil Conservation Service Soil Survey and the results of any available on -site subsurface investigations to describe all existing soils and the degree of their limitations for the proposed land uses. The analysis will also include the identification of any known mineral deposits or unique geologic formations, and a description of measures to be taken to control soil erosion. 8. Question 16 - Floodnlains Information from Federal Emergency Management Agency Flood Information Rate Maps, existing studies, and the drainage analysis to be conducted under separate contract will be used to determine floodplain elevations. Methods used to compensate for flood hazards identified by this analysis will also be discussed. In addition, Dames & Moore will provide a letter of verification concerning the City's participation in the National Flood Insurance Program. 9. Question 17 - Water Suppl Dames & Moore will provide a projection of average daily potable and non -potable water demands, indicate sources of potable and non -potable water, and provide an inventory of any wells which may exist on the project site. Dames & Moore will also coordinate with Monroe County and the wp61\attschmem1.key4ub\6. 13 - 8 - 2867-141 Florida Keys Aqueduct Authority (FKAA) to obtain the most current information regarding plant capacity, proximity of transmission facilities, etc., and to verify the FKAA's ability to service the project. 10. Question 18 - Wastewater Management Dames & Moore will project average daily flows of wastewater generated by the development, assess the volume and characteristics of its effluent, address the methods and quality of wastewater treatment and disposal, and address issues related to potential surface and groundwater contamination (a portion of this information will be provided by David Volkert & Associates). In addition, Dames & Moore will coordinate with the local government to obtain the most current information available for plant capacity, potential reuse systems, proximity of transportation facilities, etc., and to verify the ability to provide service to the project. 11. Question 19 - Stormwater Management Dames & Moore, under separate contract, will perform a preliminary drainage analysis in sufficient detail to address pre- and post -development hydrology and hydraulics of the project's watershed area and its effect on regional systems. Analyses performed pursuant to this question will include estimation of the total acreage and storage capacity of proposed retention areas, as well as the total acres of proposed impervious surfaces. The volume and quality of pre- and post -development runoff will also be assessed, with consideration given to design provisions which will be utilized to minimize any increase in water runoff from the site and any consequent degradation of water quality in the ultimate receiving body. It is assumed that information from wpB1\eneehmem 1.key4eb\6-13 - 9 - 2867-141 DA%ff�, & MOC-I-RE the separate Scope of Work, the Key West International Airport Stormwater Management Plan, will be modified and incorporated into the ADA and any additional requests for information. 12. Question 20 - Solid Waste/Hazardous Waste/Medical Waste Dames & Moore will provide a projection of the average daily volume of solid waste to be generated by the project and disposed of off -site. A general discussion of the potential for hazardous materials use or hazardous waste generation and its disposal will also be presented. In addition, Dames & Moore will coordinate with Monroe County to obtain written verification of the County's ability to accommodate the project. 13. Question 21 - Transportation a. Inventory Dames & Moore will perform an inventory of the existing roadway system as necessary for Question 21 (Inventory and Analysis of Existing Conditions) of the DRI. This inventory will include compiling available data from the appropriate governmental agencies such as: traffic volume counts, seasonal adjustment factors, traffic signal operations and roadway improvements programs. If necessary, Dames & Moore will conduct up to 10 p.m. peak hour intersection turning movement counts within the Study Impact Area. Additional counts will constitute additional services. Dames & Moore will conduct a limited short passenger survey at the Key West International Airport with the wp61\attachme 1.keybab\6-13 - 1 0 - 2867-141 D:vmE,� S \1OOK; 0 cooperation of airport, airline and rental car representatives. The purpose of the survey is to obtain data on trip purpose, trip origin/destination in the Keys, the type of ground transport used to arrive and depart the airport, and the Zip Code or other identifiers of trip origin or destination in the Keys. The Study Impact Area for the transportation analysis is assumed to include the regionally significant roadways on Key West and Stock Island. b. Analysis Dames & Moore will conduct analyses involving the generation, distribution and assignment of traffic for the project (one phase). The traffic forecasting and project traffic distribution procedures will be performed based upon available socioeconomic data provided by local governments. These forecasting and distribution procedures will involve utilizing manual transportation planning procedures. The analysis will be based upon the agreed project land uses and demographic data for the terminal expansion. Based upon the findings of the generation, distribution and assignment of traffic, Dames & Moore will conduct an analysis of project traffic impacts. Detailed p.m. peak hour capacity analyses for the roadway links and intersections will be prepared within the project's Study Impact Area. 14. Question 22 - Air wp61 \etteelment 1.key\seb\6-13 2867-141 Air quality impacts are anticipated to be primarily associated with fugitive dust caused by construction activity and the D-vvu,� &- Nloolu impact from ground transportation. The Air Quality Screening Test will be applied to surface parking areas and the intersections of regionally significant roads found to operate at unacceptable levels of service within the traffic impact area. No monitoring services are included due to the limited impact anticipated from the project generated traffic. 15. Question 23 - Hurricane Preparedness Dames & Moore will identify whether the proposed development is located in a special hurricane preparedness district. Further identification of a hurricane evacuation route and provisions to mitigate impacts on hurricane preparedness will be included. 16. Question 24- Housing Dames & Moore will request an exemption from this question. 17. Questions 25 and 28 - Po/ice and Fire. Health Care In coordination with the appropriate local agencies/ departments, Dames & Moore will assess the project's impact on health care facilities, and police and fire services. Dames & Moore will also obtain written verification of the availability and adequacy of these facilities to serve the project site. 18. Question 26 - Recreation and Open Space Dames & Moore will request an exemption from this question. wp61\ettecMeent1.key\eeb\6-13 - 1 2 - 2867-141 DALSE-� & Nt()()RF 19. Question 27- Education Dames & Moore will request an exemption from this question. 20. Question 29 - Energy Dames & Moore will provide a projection of the average daily and peak hour energy demands for ground vehicles and indicated sources(s) of the energy supply. A general discussion of energy conservation measures that will be incorporated into site planning, building design, and equipment selection for the project will also be provided. In addition, Dames & Moore will obtain written verification of the ability of the applicable local utility to service the project. 21. Question 30 - Historical and Archaeological Sites Dames & Moore will obtain a response from the State Historic Preservation Office concerning the likelihood of historical and archaeological sites occurring within the project area. It is not anticipated that such sites exist on the property. A historical or archaeological survey is not part of the DRI services and would require a separate contract between Monroe County and an archaeologist. 22. Question 31 - Svecific DRI Information - Airports Utilizing data obtained from the current Key West International Airport Master Plan and/or by David Volkert and Associates, Dames & Moore will provide narrative and tabular information on the existing and projected airport classification, on the number of runways and their lengths, and on aircraft operations characteristics at the airport (e.g., wD61\rttachmeMI key4sbk6-13 - 1 3 - 2867-141 D—kNIF-� S \I;"( !"I enplaned passenger and cargo volumes, aircraft mix, operation volumes, and flight patterns). In addition, Dames & Moore will utilize available information (the results of the Part 150 Study) to prepare a Noise Exposure Forecast Map for the existing, and proposed, facility. An analysis of land use within the airport's existing and proposed flight patterns will also be presented. Population impacts within the 65, 70 and 75 Ldn contours shall be examined. Dames & Moore will coordinate with the project team to provide projections of the amount and type of subsidiary development likely to occur on and adjacent to the site (i.e., cargo handling facilities, warehouses, aircraft maintenance facilities, industrial parks, etc.). Finally, Dames & Moore will provide a general discussion of existing and proposed transportation linkages utilized to serve the facility. 23. Questions 32 - 38 - Specific DRI Information Dames & Moore will request an exemption from these questions. B. Review and Modifications of ADA Draft Dames & Moore will carefully review the draft documents with the Clients and Client's attorney, and make appropriate modifications prior to submittal. This service does not assume extraordinary changes to project plans or extensive meeting times. A total of up to two (2) meetings with Client and/or public agencies is anticipated. Additional meetings shall constitute additional services. wD61\etteehnern1.keV\eab\6-13 - 1 4 - 2867-141 D \.\tF; &` Nt, ,( );;i C. DRI Document Printing and Distribution Dames & Moore will prepare a camera ready (black and white, only), document of the ADA for reproduction and presentation in accordance with DRI guidelines. This task assumes that up to 55 copies of the ADA will be provided to the reviewing agencies and to members of the project team. Additional copies shall constitute additional services. D. Major Conditional Use Review Agnlication Preparation The Monroe County Zoning Code, in accordance with Section 9.5- 252(c)(1), requires a major conditional use review for airport uses of more than 5,000 square feet of enclosed area. The proposed terminal expansion will be more than 5,000 square feet. To the maximum extent possible the information generated for the completion of the environmental assessment, DRI and stormwater master plan will be utilized to meet a portion of the requirements for the major conditional use review. DAMES & MOORE shall prepare the application for development approval form provided by Monroe County for the major conditional use review. The following list of information is specifically required by the Monroe County Zoning Code. All items such as conceptual floor plans, site plans, and landscape plans shall be supplied to Dames & Moore by Monroe County or the project architect. a1 An environmental designation survey consisting of: 1. A plan drawn to an appropriate scale (to be determined at the pre -application conference) showing the following: • location of property; wp61\attaehmant1.kayls*bk6-13 - 15 - 2867.141 DA\11-_� & AIk', _.. • date, approximate north point and graphic scale; • acreage within the property; • boundary lines of the property and their bearings and distances (from existing sources); • topography and typical ground cover; • general surface characteristics, water areas and drainage patterns; • contours of an applicable interval (to be determined at the pre -application conference; • one hundred year flood -prone areas by flood zone; • presently -developed and/or already altered areas (from the 1986 Key West International Airport Master Plan); and, 2. A natural vegetation map and/or a map of unique environmental features. It is anticipated that this map will coincide with information in the Environmental Assessment. 3. Aerial photographs of the property and surrounding area (as previously provided by Dames & Moore). 4. A review of historical and archaeological sites by the Florida Division of Archives, History and Records Management. It is anticipated that the letter to be obtained from the State Historic Preservation Officer will indicate that no such sites are expected on the property. 5. A review of unique environmental features. wp61\ettechmeM1.keYWb\6-13 - 1 6 - 2867-141 D%elf-, \ Nik 'S: 6. Actual acreage of specific vegetation species or other environmental considerations (from the Environmental Assessment). 7. General information relating to the property in regard to the potential impact which development of the site could have on the area's natural environment and ecology. 8. Environmental Resources: describe plans for vegetation and landscaping of cleared sites including a completion schedule for such work. 9. Environmental Resources - Wildlife: Describe the wildlife species which rest, feed or reside on or adjacent to the proposed site. Specifically, identify those species considered to be threatened or endangered. Indicate measures which will be taken to protect wildlife and their habitats. 10. Environmental Resources - Water Quality: Identify any wastewater disposal areas including stormwater run-off; septic tank drain fields, impervious surfaces, and construction related runoff; describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during and after construction; identify the nearshore water quality and identify how this development will not adversely impact the nearshore water quality. Indicate the degree to which any natural drainage patterns have been incorporated into the drainage system of the project. wP61\att&chmeM1.kay1aab%-13 - 1 7 2867.141 R: "tF- ;\ \1, ` b) A Community Impact Statement, including: 1. General description of the proposed development - Provide a general written description of the proposed development. Include in this description the proposed phases of development or operation and facility utilization, target dates for each of these, and date of completion. In addition, indicate the site size, development staging and appropriate descriptive measures. Identify aspects of the project design, such as a clustering, which were incorporated to reduce public facilities costs and improve the scenic quality of the development. Describe building and siting specifications which were utilized to reduce hurricane and fire damage potential to comply with federal flood insurance regulations and the comprehensive land use plan. 2. Impact assessment on public facilities and water supply - Identify projected daily potable water demands at the end of each development phase and specify any consumption rates which have been assumed for the project. Provide proof of coordination with the Florida Keys Aqueduct Authority, assess the present and proposed capacity of the water supply system and the ability of such system to provide adequate water for the proposed development. Describe measures to ensure that water pressure and flow will be adequate for fire protection for the type of construction proposed. 3. Public Facilities - Wastewater Management: Provide proof of coordination with the Florida Department of Health and Rehabilitative Services. Provide projection of the average flow of wastewater generated by the wp61\attaeMnant1.kay\aab\6.13 - 18 - 2867-141 1)VmE- ti V1� ), •!2; development at the end of each development phase. Describe proposed treatment system method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas. Identify method and responsibilities for operation and maintenance of facilities, and if public facilities are to be utilized, provide proof of coordination with the Monroe County Waste Collection and Disposal District. Assess the present and projected capacity of the treatment and transmission facilities to provide adequate service to the proposed development. 4. Public Facilities - Solid Waste: Identify projected average daily volume of solid waste generated by the development at the end of each phase and indicate proposed methods of treatment and disposal. Provide proof of coordination with Monroe County Municipal Services District and assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate services to the proposed development. Comply with the requirements of Section 9.5-426 of the Zoning Code concerning any applicable traffic study. 5. Public Facilities - Transportation: Provide a projection of the expected vehicle trip generation at the completion of the development. Describe in terms of external trip generation and average daily and peak - hour traffic. This task only includes the analyses as required by the Monroe County Zoning Code. Should the County or any review agency require additional analyses beyond those defined hereon for the MCU and DRI the services will be provided as an additional service. wp61\attaehmeml.keY\aab\6-13 - 19 - 2867-141 LiAStE'� S MOOR[ 6. Housing - This is not applicable 7. Special Considerations - Describe the relationship of the proposed development to the comprehensive land use plan objectives and policies. Indicate relationship to existing or proposed public facilities plans and identify and conflicts and indicate any relationships of the project to special land use and development districts such as airport noise and hazard zones, solid or liquid waste treatment of disposal areas. If applicable, assess the impact of the proposed development upon the adjacent or nearby municipalities or counties. It is anticipated that an expanded discussion may be required to meet this requirement. c) Surrounding Property Owners - Dames & Moore shall provide a list of the names and addresses of all owners of property within 300 feet of the boundary of the project. This list will be compiled from the current tax rolls in the property appraiser's office. E. Copying and Printing of MCU Documents Dames & Moore shall make the appropriate number of the major conditional use documents as required by Monroe County, not to exceed 15 copies. This task shall also include reimbursable costs such as copying, telephone calls, etc. TASK III. FIRST SUFFICIENCY RESPONSE - DRI AND MCU Dames & Moore will prepare responses to sufficiency questions from the Reviewing agencies. It is anticipated that the responses will consist of clarifications of information supplied in the ADA and/or minor additional information. If major additional analyses are required these will constitute wp61\attacmorKl.keylssb\6-13 - 20 - 2867.141 D:a\tE> & Nivvv,i,t additional services. The printing and distribution of up to 55 copies of the ADA sufficiency response and 15 copies of the MCU sufficiency response will be provided for the reviewing agencies and the members of the project team. Additional copies will constitute additional services. TASK IV. SECOND SUFFICIENCY RESPONSE - DRI AND MCU Dames & Moore will prepare responses to sufficiency questions from the Reviewing agencies. It is anticipated that the responses will consist of clarifications of information supplied in the ADA and/or minor additional information. If major additional analyses are required these will constitute additional services. The printing and distribution of up to 55 copies of the ADA sufficiency response and 15 copies of the MCU sufficiency response will be provided for the reviewing agencies and the members of the project team. Additional copies will constitute additional services. TASK V. PUBLIC HEARINGS AND DEVELOPMENT ORDER NEGOTIATIONS A. Public Hearings and Development Order Negotiations After the ADA application is submitted and found sufficient, Dames & Moore will assist the staff of Monroe County and the County Attorney in preparing a Development Order by reviewing potential conditions, resolving issues, negotiating with agency staffs, and making presentations to local, regional, and State agencies at the direction of the Client and the project team. Due to the complexity and uncertainty of the DRI process, the Development Order preparation and negotiation process can become protracted with an uncertain level of involvement. To address this uncertainty and to maintain the project schedule, a basic level of effort has been assumed. This assumption is based on the level of coordination maintained throughout the project with the project team and the reviewing agencies; and the willingness of the Client to accept Development Order Conditions which are not overly onerous or burdensome. The acceptance of these conditions will facilitate the wv61\attachmentl.ketlWb%-13 - 21 - 2867.141 DAMES & MOORE ability of the project team to maintain the project schedule. Accordingly, the basic level of effort will include up to four (4) meetings with the Client and project team and the reviewing agencies. Also included will be minor additional technical analyses, if necessary. Additional meetings and/or major analyses shall constitute additional services. B. Public Meetings and Public Hearings - MCU DAMES & MOORE will attend the mandatory meeting with the Development Review Committee to discuss their comments and potential conditions to be attached to the development approval. There are two required public hearings; one before the Planning Commission and one before the Board of County Commissioners. DAMES & MOORE will attend these hearings with other members of the project team, if necessary. It is anticipated that presentation graphics will be prepared by both DAMES & MOORE and the project architects, David Volkert & Associates. DAMES & MOORE will participate in the presentation of materials or be available to answer questions. In addition, due to the sensitivity of the entire Keys area, our Scope includes attendance at a third public hearing which could be the result of a continuance or as a result of a request for an appeal before the Monroe County Board of County Commissioners. If additional meetings are required specifically to address issues concerned with the major conditional use review, then such meetings shall constitute additional services. w D61\ettechment 1.keYVeb\6-13 - 22 - 2867-141 DAMES 6- MOORE a PROJECT SCHEDULE DAMES & MOORE will provide the CLIENT with a schedule for the services to be provided after the CLIENT gives DAMES & MOORE notice to proceed. The schedule will include the time frames necessary for Dames & Moore to complete each task over which it has control, and an estimate of the time it will take for externally controlled tasks to be completed. The schedule will be updated periodically as made necessary by external factors. ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICE It is Dames & Moore's responsibility to assist the Client by performing clearly outlined tasks described in the Scope of Services in order to complete an acceptable DRI application for Development Approval and an acceptable Major Conditional Use Application. Dames & Moore's services do not include: • Application fees; • Legal fees or services; • Permits; 0 Survey tasks (if any); • Legal description preparation; • Public notification advertisements; or • Other items not specifically described in this proposal. wP61\attachment 1.key4ab\6-13 - 23 - 2867-141 DAMES & MOORE J.r, i SWORN STATEMENT UNDER SECTION 28",.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES C THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AL'rHORIZED TO ADMINISTER ' OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for Professional Services — Key West International Airport DRI and Major Conditional Use 2. This sworn statement is submitted by Dames and Moore, Inc. [name of entity submitting sworn statement] whose business address is 6400 Congress Avenue, Suite 2500, Boca Raton, Florida 33487 and (if applicable) its Federal Employer Identification Number (FEIN) is 9 5 — 4 316 617 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 3. My name is Thomas J. Logan and my relationship to the [please print name of individual signing] entity named above is Manager, Engineering Group, Florida and Caribbean Region 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or- federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),_Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entitv under the control of any natural person who is active in the management of the entity and Who ha: been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. i understand that a "person" as defined in Paragraph 287.133(1)(e), Floridn Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor anv affiliate of the entity have been charged with and convicted of a public entit crime subsequent to July 1, 1989. % The entity submitting this sworn statement, or one or more of the officers, directors, C executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] STATE OF There has been a proceeding concerning the conviction before a hearing' officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] FLORIDA COUNTY OF PALM BEACH PERSONALLY APPEARED BEFORE ME, the undersigned authority, Thomas J. Logan who, after first being sworn by me, affixed his/her signfture [name of individual signing] in the space provided above on this 8th day of April , 19_13_.—� PUBLIC; My commission expires: .- Nassry► Pt.'hrk, State of &aded Thry Trq Nir, • imw,ctr.ca Inc. Form PUR 7068 (Rev. 11/89) rolt'c�d ��� fehlr `s �ri��r Cats 16`�ulei jC4cl. ��ty , TA J sA,a1�/ sum �,e «��r•� �� MEMORANDUM — — : 9 M3•M DATE: April 29, 1993 TO: Peter Horton, Director re car �f� _ �► ----�� Community Services Division 4 Z,',� Co.•fu 14VA �I n aK fir t- i FROM: Beth Leto 10 do ors/ so Mu�� a1 TuI Legal Secretary I N�. l #a�� RE: Dames & Moore Contract ke boac' a( n o eno�r a +hard der Sc-/ed//NT/tle 8CCM1"001Sa*i`DH o pa c��tJ f, ZAIL As you know, Task Order 1 of the above -referenced contract was 71 approved at the April 14th BOCC meeting. I've spoken to both Sandy and Bevette about this item, and in order to properly transmit the appropriate document to the Clerk's office for County execution, I am sending the original and three copies of the contract and attachments to you so that you can put together exactly what needs to go to the Clerk's office. Thank you for your attention to this matter. bpl enclosure C� �� c a-, t - V a (�ri " (y� BOARD OF COUNTY COMMISSIONERS KEY WEST 10nDA 33040 'e,.i�!!�� r�l. 6� 14"` " �U May 5, 1993 Ron Giovanneli Dames & Moore, Inc. One North Dale Mabry Tampa, FL 33609 MAYOR, Jack London, District 2 Mayor Pro Tem, A Earl Cheal, District 4 Wilhelmina Harvey, District 1 Shirley Freeman, District 3 Mary Kay Reich, District 5 SUBJECT: Aviation Services Agreement for DRI and MCU Key West International Airport Dear Mr. Giovanneli: The executed contract for the subject services is attached. However, the BOCC by their action on April 14, 1993 has author- ized notice to proceed for Task Order #1 only. Therefore, this letter provides your notice to proceed immediate- ly for Task Order #1. erely, c Peter J. Ho ton, Division Director Communit Services Division