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Item J10 J.10 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: J.10 Agenda Item Summary #8061 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval of a Master Agreement for Professional Services with McFarland-Johnson, Inc. for design and permitting of the Key West International Airport Concourse A and Terminal Improvements Program. Task Orders will be issued for services to be performed in accordance with Consultant's fee schedule. The Task Orders will be funded by EYW Concourse A Design FDOT Contract G1P09, Commercial Line of Credit and/or Passenger Facility Charge Fund 406 (PFC 419). ITEM BACKGROUND: Responses to the RFQ for Professional Architectural & Engineering Services for the Key West International Airport Concourse A & Terminal Improvements Program were opened by the Purchasing Department on February 2, 2021. Thirteen firms responded: McHarry & Associates, MLM-Martin Architects, Burns & McDonnell Engineering, Callison RTKL, McFarland Johnson, HKS Architects, Gensler, RS&H, CBE Heery, Corgan & Associates, EXP US Services, CHP and Barmello Ajamil &Partners. The Selection Committee met in a publicly-noticed meeting on February 10, 2021, and announced the Selection Committee's scores and rankings of the respondents (Phase 1). On February 24, 2021, the top three (3) firms made presentations to the Selection Committee (Phase 2), and on February 26, 2021, the Selection Committee met in a publicly-noticed meeting and announced the top-ranked firm as McFarland-Johnson, Inc. (see attachments for additional information) PREVIOUS RELEVANT BOCC ACTION: On October 21, 2020, the BOCC granted approval to advertise the RFQ for Professional Architectural and Engineering services for the Concourse A and Terminal Improvements Program. On March 17, 2021, the BOCC granted approval to negotiate fees pursuant to the Consultants Competitive Negotiation Act with the top ranked firm of McFarland Johnson, Inc. CONTRACT/AGREEMENT CHANGES: new contract STAFF RECOMMENDATION: Approval. Packet Pg. 1896 J.10 DOCUMENTATION: Bid Tabulation Sheet EYW Concourse A AE Contract RFQ Concourse A AE Design Addendum 1 AE Design Addendum 2 AE Design A&E Selection Committee Rankings 2.10.21 A&E Selection Comm Final Rankings 2.26.21 FINANCIAL IMPACT: Effective Date: Upon Notice to Proceed Expiration Date: Expiration date of each Task Order Total Dollar Value of Contract: tbd Total Cost to County: -0- Current Year Portion: Budgeted: yes Source of Funds: FDOT Grant Contact GlP09, Commercial Line of Credit and PFC #19. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: -0- Insurance Required: Yes Additional Details: 04/21/21 406-63603 - PASSNGER FACILITY CHG 40 $0.00 REVIEWED BY: Beth Leto Completed 03/27/2021 1:32 PM Richard Strickland Completed 03/31/2021 4:03 PM Pedro Mercado Completed 03/31/2021 4:24 PM Purchasing Completed 03/31/2021 4:46 PM Budget and Finance Completed 04/01/2021 12:27 PM Maria Slavik Completed 04/05/2021 1:24 PM Liz Yongue Completed 04/05/2021 4:05 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 1897 (uBlsGa 3TV V 3uOD PJBmV OL MAM 49 y ogejnq p' :4u9wgo 44 co R m c °o r r a_ d_ aC U N tC S (L } } 0 W Q O � 3 5- Q O p _ s W " �G a co W Z > } (A W s° o W U Lu > } > 0 a GG 0 � I- O (A O UZ ZWI— ZJA Q W z � _ � W N LLa. Z � w m s GWZN (� W � Q � ON Z ~ m o � W N J 0 Q � (AOQ JW0 m2Qm GCGCW U S H W 0 0 4 a W LU Z D c rn o rn I— O 0 in Q 2 V c o 0 M o G U H � o o Z U U U N pVj i7 W Q D H ��-' '~ (n ~ o u o > o a J a z ro L v o o O Z o Q a� ro U w i o Q aQL Wc i mL n 7 o(A Z cn C-6 ro a UD LU _ LL v i U U _ CL 4-O GG E- C � tn JW 0 �— L o Uco LL y >,�- o Q 0 m � H v}im (u6'sGa 3TV V 3uOD PJBmV OL MAM 49 y ogejnq p' :4u9ua o 44 o� c °° r r a_ d_ aC U N tC S (L } } LU � O o LU W Ya m LL OZ W o W o UW 'o } > 0 ° a GG 0 � I- O (A O U Z �j Q W Q GC 72 p L LLLLQ (AN ZOO m o i w GaZN '..' � o W ( W Q � ON Z ~ F-o o � WfZ-' JIX OZSQ � E W H O H 4 W U Z cn a LLI W Z rn o rn I— � O Q 0 0 •� o c c c o w c Z W O C rp ► -� L L a J a H a L o o O V Z LLJ = L C 0-6 1U O �l Q 0 u L 3 o J m s- O a) V7 = E (AZ L W Q (n U Q S c3 W LLJ O V U cn -6 0_ W O a m rp � a OH U o X E CL aZ U W �co W W o_ Ch � m � o Q 0 m � '-a v}im Professional Architectural & Engineering Services for KWIA Concourse A & Terminal Improvements Sign In Sheet: Cliff Bollman- RTKL Andy Bell- Corgan Joseph Barbera- IRS & H Don Koppy- Meade & Hunt John Mafera- McFarland Jen Lofberg- IRS & H John Carigan- IRS & H John Murphy- Corgan Darin Larson- Adkins Kalyn- Apple Designs Niki Jindal- CPH Jeremiah Owens- CPH Packet Pg. 1900 J.10.b MASTER AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF Key West International Airport Concourse A and Terminal Improvements Program This Agreement ("Agreement") made and entered into this day of April 2021, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND 06 McFarland-Johnson, Inc. of the State of New York whose address is 49 Court Street, Suite 240, Binghamton, New York, 13901, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to design and permit the Key West International Airport - Concourse A and Terminal Improvements; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing: concepts, construction drawings and specifications, all documents c required to submit for and secure all permits necessary to complete the project and hold a minimum of two informational hearings with the public and monthly project meetings with the tenants for Name of Contract, referred to as the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work Packet Pg. 1901 J.10.b completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his/her performance and those directly under his/her employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those N now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to 06 terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement, the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. ARTICLE II BASIC SERVICES AND AUTHORIZATION 0 2.1 DEFINITION CONSULTANT's Basic Services generally consist of planning, engineering, construction administration, construction inspection, consulting and other professional services as authorized by written Task Orders, using the form provided in Exhibit A hereto, issued by COUNTY and accepted E by CONSULTANT, as evidenced by COUNTY'S and CONSULTANT'S signatures thereon. Each Task Order issued by the COUNTY shall clearly state that it is issued pursuant to thie Agreement and shall identify the scope of services to be performed by the CONSULTANT, the schedule for performance of the Services, the method of compensation for services if different from the method outlined in Article VII, and such other matters as may be pertinent to the individual Task Order authorization. CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his/her receipt of a written Notice to Proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES, AND CONFLICTS The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. Packet Pg. 1902 J.10.b 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Richard Strickland Director of Airports Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: James Festa, P.E. CEO McFarland Johnson 49 Court Street, Suite 240 Binghamton, New York 13901 0 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated 0 at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a request describing the LU requested additional service(s)to the CONSULTANT. The CONSULTANT will prepare a task order with a detailed description of the particular additional service or services to be authorized, with estimated time to complete the service(s), the CONSULTANT'S associated fee in accordance with CONSULTANT'S hourly rate schedule attached here to as Exhibit B and upon execution by the COUNTY, the COUNTY will issue the fully-executed task order and/or a notice to proceed to the CONSULTANT indicating approval of the additional services. CONSULTANT shall not commence work on any additional service(s) provided for in this Agreement until his/her receipt of the fully-executed task order and/or a written Notice to Proceed from the COUNTY. The total fee for each Task Order shall be lump sum and billed to the COUNTY based on percentage of work completed. Packet Pg. 1903 J.10.b ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the Ch CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 06 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, W fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 0 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, 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 E intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he/she shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required Packet Pg. 1904 J.10.b insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning this 06 Agreement. At the time of execution of this Agreement, the parties anticipate that the following named individuals and their titles will perform those functions as indicated in Exhibit C attached hereto. So long as the individuals named remain actively employed or retained by the c CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of Services as set forth in each Task Order and based on the hourly rates outlined in Exhibit B. 7.2 PAYMENTS 0 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein,the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Sec. 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; and (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Packet Pg. 1905 J.10.b (C) COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 7.3 REIMBURSABLE EXPENSES In addition to the hourly rates outlined in Exhibit "B", any reimbursable expenses, travel, overhead and profit shall be included in the lump sum fee for each approved task order. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount of each approved Task Order. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A- VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute Chap. 440. 0 0 B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on-site and off-site operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or$300,000 Combined Single Limit D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents, or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors, Broad Form Property Damage, and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the Packet Pg. 1906 J.10.b effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of$1,000,000 per occurrence and $3,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the N limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of 06 insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX 0 MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of 0 reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 COUNTY'S OWNERSHIP OF THE PROJECT DOCUMENTS LU LU The documents prepared by the CONSULTANT for this Project belong to the COUNTY and E may be reproduced and copied without acknowledgement or permission of the CONSULTANT for use for this specific project. The documents, or the"architects instruments of service" remain the intellectual property of the architect and cannot be utilized for any other project except the project specifically outlined in this agreement. . 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the Packet Pg. 1907 J.10.b provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION OR SUSPENSION The Contract may be terminated by the COUNTY as provided in Article 14 of the General Conditions. A. Termination for Cause and Remedies: In the event of breach of any contract terms, the 06 COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for -- damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. B. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this 0 agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to ca the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. C• For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the Packet Pg. 1908 J.10.b CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any -- public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Packet Pg. 1909 J.10.b Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful N and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including 06 documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Packet Pg. 1910 J.10.b 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY06 Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. U 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS 0 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 0 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. Packet Pg. 1911 J.10.b These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil N Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information Packet Pg. 1912 J.10.b of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice N in conspicuous places available to employees and applicants for employment. 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. U 6) The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the consultant's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the consultant may request the United States to enter into such litigation to protect the interests of the United States. Packet Pg. 1913 J.10.b 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public .N position, conflicting employment or contractual relationship; and disclosure or use of certain information. 06 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 9.21 PUBLIC ACCESS. CONSULTANT shall be referred to herein also as "CONTRACTOR" for this provision only: Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit c reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of �- Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. Packet Pg. 1914 J.10.b (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or N confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, 06 the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the LU public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470, PUB LICRECORDSONONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance Packet Pg. 1915 J.10.b pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. .N 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES 06 Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement and a Vendor Certification Regarding Scrutinized Companies Lists. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. Packet Pg. 1916 J.10.b 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such .N counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the 06 COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 0 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. Packet Pg. 1917 J.10.b 9.30 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30%completion, 60% completion, 90% completion, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. Packet Pg. 1918 J.10.b The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any N person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY 06 must report all suspected or reported violations to the Federal awarding agency. i) The CONTRACTOR shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. U 9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Packet Pg. 1919 J.10.b Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR §180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The CONSULTANT, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered N transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. 9.31.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR§200.322. c CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Packet Pg. 1920 J.10.b Comprehensive Procurement Guidelines web site, httpsJ/www.el2a.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.31.8 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.9 E-Verify - The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify N system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 06 9.31.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.11 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or c Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.31.12 Domestic preference for procurements as set forth in 2 CFR§200.322. The COUNTY and CONSULTANT should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: Packet Pg. 1921 J.10.b (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 9.32 Texting When Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. N In support of this initiative, the Owner encourages the CONSULTANT to promote 06 policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding$3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 9.33 Access to Records and Reports. The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 9.34 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor'), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a Packet Pg. 1922 J.10.b subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a N contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor 06 or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW c� 0 0 Packet Pg. 1923 J.10.b IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman 06 Date: Date: 0 ca (Seal) CONSULTANT: McFarland-Johnson, Inc. Attest: Signature: e. Signature: N6rme: Name: James Festa P.E., CEO 0 Title: S � � LU Date: Date: Ld q/d 0 N E COUNTY A T( n EY UFOAM c AS ISTA U Die 3/26/21 END OF AGREEMENT Packet Pg. 1924 J.10.b Exhibit A MASTER AGREEMENT FOR PROFESSIONAL SERVICES KEY WEST INTERNATIONAL AIRPORT CONCOURSE `A' &TERMINAL IMPROVEMENTS PROGRAM TASK ORDER FORM Effective Date Task Order No. Client Project No. Engineer Project No. LM This Task Order is entered into on the effective date noted above pursuant to the "Master Agreement for Professional Services" between Monroe County, Florida ("Client") and McFarland Johnson Inc. 06 ("Consultant"),dated February 15,2017 ("Agreement"). The Agreement is incorporated herein and forms an integral part of this Task Order. 0 Services Authorized: Client authorizes Consultant to perform the Services described in Appendix A attached hereto and incorporated herein,which Appendix A is marked with the above noted Task Order No.and consists of ( )page(s). w Pricing Time and Expense per Agreement and Exhibit B to the Agreement. Firm Lump Sum Price of S Other(Describe): LU e( Schedule Services may commence on Services will cease by Other (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA E By Mayor/Chairman CONSULTANT: By Witness Title Packet Pg. 1925 J.10.b EXHIBIT B CONSULTANT'S HOURLY RATE SCHEDULE BALANCE OF PAGE INTENTIONALLY LEFT BLANK 06 c c� c c Packet Pg. 1926 J.10.b 2021 HOURLY BILLING RATE SCHEDULE Key West International Airport Concourse A and Terminal Improvements Program McFarland-Johnson, Inc. Officer (P09 —P10) 270.00 Division Director/Regional Division Director (P08) 240.00 Sr. Project Manager/Planner (P07) 225.00 Sr. Project Engineer/Planner (P06) 175.00 Project Engineer/Planner (P05) 160.00 *Senior Engineer/Planner (PO4) 135.00 is *Assistant Engineer/Planner (P03) 120.00 *Junior Engineer/Planner (P02) 105.00 *Junior Engineer/Planner (PO1) 94.00 Technician Supervisor (T05) 138.00 *Senior Technician (T04) 107.00 �t *Technician (T03) 97.00 0 *Assistant Technician (T02, TO1) 86.00 0 Resident Inspector (I04) 145.00 *Senior Inspector (I03) 126.00 *Inspector (I01, IO2) 96.00 *Support Staff 78.00 *Subject to premium overtime pay for hours worked in excess of forty per week. Note: All rates subject to adjustment each calendar year. McFarland Packet Pg. 1927 J.10.b Mead Key West International Airport � � Concourse A and Terminal Improvements Program Hourly Rates 2021 Billing Classification Rate Admin Assistant $ 80.00 Project Assistant $ 100.00 Intern Architect $ 55.00 Marketing Coordinator $ 100.00 Financial Specialist $ 105.00 Architect 1 $ 85.00 Architect 11 $ 120.00 Architect III $ 135.00 06 Senior Architect $ 150.00 Project Architect $ 165.00 Senior Project Architect $ 190.00 0 CJ Construction Administrator $ 130.00 Senior Construction Administrator $ 165.00 Commissioning Agent $ 160.00 Senior Commissioning Agent $ 205.00 Intern Engineer $ 70.00 Engineer $ 105.00 Engineer 11 $ 120.00 Engineer III $ 145.00 Senior Engineer $ 165.00 Project Engineer $ 180.00 Senior Project Engineer $ 210.00 0 Interior Desinger 1 $ 75.00 0 Project Manager $ 180.00 0 Senior Project Manager $ 205.00 Technician 1 $ 85.00 Technician 11 $ 110.00 >- Technician III $ 120.00 Senior Technician $ 140.00 Technology Designer $ 115.00 0 Senior Technology Designer $ 155.00 Project Technology Designer $ 190.00 Senior Project Technology Designer $ 260.00 Planner 1 $ 90.00 Planner 11 $ 100.00 Planner III $ 115.00 Senior Planner $ 140.00 Project Planner $ 160.00 Senior Project Planner $ 195.00 Senior Client/Project Manager $ 230.00 Principal $ 270.00 Packet Pg. 1928 J.10.b Key West International Airport Concourse A and Terminal Improvements Program ATKINS Hourly Rates 2021 f'lember of the SPJC Lavalin Group Atkins North America, Inc. Principal/Project Officer $295 Project Director $260 Principal Architect/Engineer $240 Sr. Project Manager $235 Principal Surveyor $220 Sr. Engineer IV/Sr. QC Reviewer $210 Chief Estimator $195 Project Manager $190 Sr. Architect/Engineer/Planner III $175 ci Sr. PQM/QC Trainer/MEP Estimator $165 Sr. Architect/Engineer/Planner II $155 Lead Estimator $142 Sr. Designer II $140 2-person Survey Team $140 BIM Manager $135 Project Surveyor $130 Sr. Architect/Engineer/Planner 1 $125 Sr. Estimator $120 Sr. Designer $115 Architect/Engineer/Planner II $110 Estimator $110 �- Sr. Technician $105 Project/Operations Coordinator $95 Architect/Engineer/Planner 1 $90 Designer $80 CADD Technician $75 Project Assistant $70 Packet Pg. 1929 (uBlsGa 3TV V 3uO3 PJBmV OLAUG) 43B4u03 3V V asino3uoo :4u8wg3B44 M c a EXHIBIT C U CONSULTANT'S PERSONNEL AND TITLES a � y H z a $ d c Z 2 Ntt .__-FE n � t u (E �.- MCFAJOH-01 J.10.b CERTIFICATE OF LIABILITY INSURANCE DATE 3/24/2021 ' 2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEC REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael Burns NAME: Insurance Office of America PHONE 607 754-0329 45230 FAX 607 754-9797 31 Lewis Street (A/C,No,Ext): ( ) (A/C,No):( ) Suite 201 E-MAIL DD ESS:Michael.Burns@ioausa.com Binghamton,NY 13901 INSURERS AFFORDING COVERAGE NAIC# INSURERA:National Fire Insurance Co of Hartford 20478 INSURED INSURER B:Transportation Insurance Company 20494 McFarland Johnson,Inc. INSURER C:Continental Insurance Company 35289 49 Court Street Suite 240 INSURERD:Valley Forge Insurance Company 20508 CD Binghamton,NY 13901 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 06 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE Xrl OCCUR 6056803227 1/1/2021 1/1/2022 DAMAGE TO RENTED 100- X X PREMISES Ea occurrence $ MED EXP(Any one person) $ 15,1 Approved Risk Management.,'. ' / PERSONAL&ADV INJURY $ 1,000,1 r GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY� JECT � LOC PRODUCTS-COMP/OP AGG $ 21000,1 W OTHER: $ B AUTOMOBILE LIABILITY 3-24-2U21 COM ,000,1 BINED SINGLE LIMIT 1 Ea accident $ X ANY AUTO X X 6056803213 1/1/2021 1/1/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED O AUTOS ONLY AUTOS BODILY INJURY Per accident $ L) X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,E EXCESS LIAB CLAIMS-MADE X X 6056803244 1/1/2021 1/1/2022 AGGREGATE $ 10,000,E DED X RETENTION$ 10,000 $ 0 D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER O X WC656803230 1/1/2021 1/1/2022 1,000,1 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,1 If yes,describe under 1,000,1 '>- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ UJ A Val Pprs&Records 6056803227 1/1/2021 1/1/2022 Blanket Limit 1,000,1 ;; O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (B Project: Key West International Airport Concourse A and Terminal Improvements Program. Monroe County and all other parties as required by written contract are additional insured on a primary and noncontributory basis including completed operations in regard to general liability per endorsement numbers CNA74858NY,CNA75079XX,CNA74987XX,in regard to auto per endorsement number CNA71627.A Waiver of Subrogation applies in favor of the certificate holder,owner and all other parties as required by written contract in regard to general liability per endorsement number CNA74858NY,in regard to auto per endorsement,number CA 04 44 10 13,in regard to workers compensation per endorsement WC 00 03 13.The umbrella policy is following form of the underlying policies per endorsement#CNA76604XX. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County 1100 Simonton Street Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1931 DATE(r J.10.b CERTIFICATE OF LIABILITY INSURANCE 03/24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-201-262-1200 CONTNAMEACT Timothy P. Esler, CPCU Fenner & Esler Agency, Inc. PHONE FAX A/C No Ext: 201-262-1200 A/C No: 201-262-781- E-MAIL PO Box 60 ADDRESS: certs@fenner-esler.com INSURER(S)AFFORDING COVERAGE NAIC# Oradell, NJ 07649 USA INSURERA: Berkshire Hathaway Specialty Insurance INSURED INSURER B: McFarland-Johnson, Inc. att: Frank J. Greco INSURERC: 49 Court Street INSURER D7 Suite 240 INSURER E7 'N Binghamton, NY 13901 USA INSURERF: COVERAGES CERTIFICATE NUMBER: 535039180 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI 06 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED �. CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ Approved Risk Manage ent PERSONAL&ADVINJURY $ CD GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY jE LOC / `i' PRODUCTS-COMP/OP AGG $ LLJ OTHER: $ AUTOMOBILE LIABILITY C Ea OMBINEDSINGLELIMIT $ accident ANY AUTO 3-24-2021 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Ct HIRED NON-OWNED PROPERTY DAMAGE $ (J AUTOS ONLY AUTOS ONLY Per accident LLJ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ ff7 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- O AND EMPLOYERS'LIABILITY STATUTE ER U Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ O OFFICER/MEMBER EXCLUDED? ❑ N/A (, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Prof/Poll Liability 47-EPP-305431-03 06/15/20 06/15/21 Per Claim 5,000,000 FULL PRIOR ACTS Annual Aggregate 5,000,000 Deductible per clm 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Key West International Airport Concourse A and Terminal Improvements Program CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 � USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD g1017412 Packet Pg. 1932 535039180 J.10.c MONROE COUNTY REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM o 18 23 a� o a E C) a 0. A4 sr J� rtl BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron, District 2 Mayor Pro Tern David Rice, District 4 Craig Cates, District 1 Eddie Martinez, District 3 Mike Forster, District 5 ci COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT Roman Gastesi Kevin Madok E December 9, 2020 PREPARED BY: Monroe County Airports Richard Strickland, Director orf Airports Packet Pg. 1933 KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM NOTICE OF REQUEST FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN that on February 2, 2021, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR KEY WEST INTERNATIONAL AIRPORT CONCOURSE A ANDTERMINAL IMPROVEMENTS PROGRAM Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can 06 be viewed at: www.floriapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at U www.monroecountybids.com. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. A mandatory pre-proposal meeting will be held on December 18, 2020 at 8:30 >_ am followed by a site visit. The meeting will be held in the conference room of �- the Airport Director's office at Key West International Airport. Only those respondents that plan on responding to this solicitation as the Prime Consultant will be required to attend the pre-proposal meeting. LU In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those 0 who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS@monroecounty-fl.gov, no later than 3:00 P.M. on February 2, 2021. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR KEY WEST INTERNATIONAL AIRPORT TERMINAL EXPANSION PROGRAM Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan Page 2 of 59 Packet Pg. 1934 KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMB- BIDS@monroecounty-fl.gov, in advance of the bid opening, please email: omb- purchasing@monroecounty-fl.gov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on February 2, 2021 . You may call in by phone or internet using the following: Join Zoom Meeting https:Hmcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) Dial by your location: +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) Publication Date LU Key West Citizen: Saturday, December 12, 2020 Keys Weekly: Thursday, December 17, 2020 News Barometer: Friday, December 18, 2020 0 0 Page 3 of 59 Packet Pg. 1935 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM TABLE OF CONTENTS NOTICE OF REQUEST FOR QUALIFICATIONS SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract—SAMPLE SECTION FOUR - County Forms Response Form Lobbying and Conflict of Interest Form 06 Non-Collusion Affidavit Drug Free Workplace Form Insurance Agent's Statement Indemnification Statement Public Entity Crime Statement Vendor Certification Regarding Scrutinized Companies Lists Disclosure of Lobby Activities APPENDIX A- Key West International Airport Badge Application �- c c Page 4 of 59 Packet Pg. 1936 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM SECTION ONE: INSTRUCTION TO RESPONDENTS 1.1 INTRODUCTION/BACKGROUND The Board of County Commissioners of Monroe County, Florida, (hereinafter "COUNTY'), hereby requests, sealed letters of interest and statements of qualifications from Architectural/Engineering firms and specialized consulting firms or individuals experienced in designing Airport Terminals for Commercial Airports while maintaining the existing operations for both the passengers and airlines. All potential Respondents are hereby notified that the County intends to use the Construction Manager At Risk (CMAR) method of project delivery. The Architect and Engineering team (A&E team) selected under this procurement must have experience in delivering terminal projects through the CMAR delivery method. The A&E team will be required to work with the 06 CMAR and the County to deliver the final project elements, including construction administration, inspection and commissioning if requested. Any members of the A&E team selected under this procurement will be precluded from participating as part of the CMAR team. 1.2 COPIES OF RFQ DOCUMENTS A. Only complete sets of Request For Qualifications ("RFQ") Documents will be issued and used in preparing responses. The COUNTY does not assume any responsibility for errors >- or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFQ Documents may be obtained in the manner and at the locations stated in the Notice of Request for Qualifications. 1.3 DISQUALIFICATION OF RESPONDENT 0 The following forms shall be submitted along with the response to RFQ, and signatures shall be current and all forms shall be dated within thirty (30) days of the date of submission. c A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Forida Statutes for CATEGORY TWO for a period of Thirty-Six(36)months from the date of being placed on the convicted vendor list. Page 4 of 59 Packet Pg. 1937 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with the bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with the bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. E. SCRUTINIZED COMPANIES: For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida N Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the 06 Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice W and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the N Agreement if the conditions of Section 287.135(4), Florida Statutes, are met 1.4 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the RFQ and other contract documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he/she be in doubt as to their meaning, Respondent shall at once notify the COUNTY at Strickland- ichard(5)MonroeCounty-F L.Gov. 1.5 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Richard Strickland, Director of Airports. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as plan holder as of the day when the Addendum is issued five 5 business days prior to the established Response opening date. Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to Page 5 of 59 Packet Pg. 1938 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM acknowledge receipt of such addenda or addendum, his/her response will nevertheless be construed as though it had been received and acknowledged and the submission of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Respondent to verify that he/she has received all addenda issued before responses are opened. 1.6 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the N Respondent. 1.7 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one (1) of the partners must follow the firm name and the words"Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his/her authority to sign the Response must be submitted. The Respondent shall state in the response the name and W address of each person having an interest in the submitting entity. 1.8 TENTATIVE SCHEDULE The following is a tentative calendar of event dates. The County reserves the right to change the dates or events, if necessary. 0 Task Name Start C 0 A/E RFQ published and advertised 12 Dec. 2020 Mandatory Pre-Proposal Meeting and Site Visit at the Airport Director's Office at Key West 18 Dec. 2020 @ 8:30 am International Airport Deadline for questions &written requests for 31 Dec. 2020 @ 5:00 pm clarification Last day to publish addendum, if necessary 8 Jan. 2021 Deadline for submission of responses 2 Feb. 2021, 3:00 pm Short List Selection committee meeting 10 Feb. 2021 @ 2:00 pm Short List Firms Interview 24 Feb. 2021 1.9 RESPONSIBILITY FOR BADGING AND SECURITY All employees/subcontractors/independent operators of the Respondent assigned to this Project must obtain a Key West International Airport Security Badge, at the sole expense of the Respondent. Page 6 of 59 Packet Pg. 1939 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM The Respondent will have the sole responsibility of complying witih FAA guidelines, including but not limited to, requiring a 10 year employment history and background check, issuance and wearing of security badges. Any fines incurred by Key West International Airport for violation of any FAA regulations by the Respondent employees will be charged to the Respondent, and if not promptly paid by the Respondent may result in termination of the Contract. A copy of the current Key West International Airport Badge Application, which contain details on the issuance, replacement, wearing of security badges, as well as listing the disqualifying crimes for which an employee of the Respondent may not be issued a security badge is attached for reference, Appenix A. Any employee/subcontractor/independent operators of the Respondent found by Key West International Airport to have been issued a security badge in violation of FAA guidelines will be required to immediately surrender their badge and be removed from the property. In addition to all Key West International security rules and regulations, which will be provided to the Respondent at the post award conference, the Respondent will inform their employees/subcontractors/independent operators, and ensure their compliance with the following: 1. No illegal guns, knives or other weapons are allowed on Airport premises. 06 2. No drugs or other prohibited substances, including alcohol, are allowed on Airport premises. 3. All building regulations concerning smoking. The Respondent agrees that its vehicles, cargo, goods, and other personal property are subject to being inspected and searched when attempting to enter or leave and while on Airport property at the sole discretion of the Airport. 1.10 SUBMISSION OF RESPONSES In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our LU employees and those who attend bid openings. DO NOT mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS@monroecounty-fl.gov, no later than 3:OOP.M. on February 2, 2021. Please submit your 0 confidential financial information in a SEPARATE EMAIL in your bid and required documents. Your subject line on both emails must read as follows: "PROPOSAL — Professional Architectural and Engineering Services for the Key West International Airport Concourse A and Terminal Improvements Program". Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. SHOULD YOUR BID DOCUMENTS EXCEED 25 MB YOU MUST SEND AN EMAIL TO: omb-purchasing@monroecounty-fl.gov TO REQUEST ARRANGEMENTS BE MADE FOR RECEIPT OF YOUR BID DOCUMENTS PRIOR TO THE BID OPENING. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on February 2, 2021. Responses shall be organized as indicated below. Each Respondent shall submit with his/her Response the required evidence of his/her qualifications and experience. Page 7 of 59 Packet Pg. 1940 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this RFQ shall be digital PDF format on CD/DVD; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. The responses shall be limited to 50 - 8 and by 11-inch pages. Eleven by 17-inch pages may be used where required such as organization charts. The body text shall be size 11 font or larger. Smaller font may be used to describe graphics, etc. The cover page, section dividers and resumes will not count towards the page total. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral N presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the COUNTY's 06 requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. Financial information, as described below, may be submitted in a separate e-mail. The subject line on the e-mail should contain the additional following additional notation; "CONFIDENTIAL" — "PROPOSAL - Professional Architectural and Engineering Services for the Key West International Airport Concourse A and Terminal Improvements Program" The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states, "Statement of Qualifications for Professional Architectural and Engineering Services for the Key West International Airport Concourse A and Terminal Improvements Program". The cover page should contain Respondent's name, address, telephone number, appropriate business email address, and the name of the Respondent's contact person. 0 B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a history of the firm or organization or principal, and particularly include a list of projects within the last five (5) years that are similar in nature to the services requested in the RFQ. These projects shall include projects that have been completed for at least two Terminal design/redesign projects and two design projects where the project was delivered using an accelerated delivery method. If the Respondent has two airport projects that were delivered using an accelerated delivery method that would meet this requierment. The Respondent shall provide a narrative of the firm's qualities and capabilities and general workload fo the firm that demonstrate how the firm will work with the COUNTY to fulfill the requirements of the scope of work. Tab 2. Relevant Experience, References and Past Performance on Similar Projects Each Respondent shall provide a list of past projects that are the same or similar to the scope of the proposed project. The Respondent shall pay particular attention to the requirements for the design of terminal projects at a commercial airport using an Page 8 of 59 Packet Pg. 1941 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM accelerated delivery method. In particular terminal expansion projects that took place in close proximity of active passenger and airline activities. Each project on the list should include the information below: • Name and full address of the project and name of the governmental entity; • Date of initiation and completion of contract for the referenced project; • Name and telephone number of a contact person at the governmental entity who can verify the contract details; • Name and telephone number(s) of one or more contact persons who can verify the technical aspects of the project; and • Brief summary of the project, its' delivery method, and services provided comparing the referenced services to these proposed services. • Note where proposed key project staff for this project provided services on your reference projects 06 The Respondent shall provide at least two (2)written references or the name and current contact information from an airport for which the Respondent has provided the same or similar services during the past five (5) years. Each reference shall include, at a minimum, the information listed above. Tab 3. Staffing for this Project & Qualifications of Key Personnel &Technology The Respondent shall describe the composition and structure of the firm (sole >- proprietorship, corporation, partnership,joint venture) and include names of persons with an interest in the firm. The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. The Respondent is encouraged to submit key LU personnel with experience on projects submitted under Tab 2. An organizational chart should be included in this section. The Respondent shall also include a resume for each member of the project team identifying his/her role on the team and any qualifications relevant to the assigned position. Include in this section the location of the main office and the location of the office proposed to work on this project. c Respondent shall describe its use of technology in the office or in the field which may be used on this project. List any specific hardware and software currently in use or planned for this contract. Tab 4. Approach to the Project. Proposers shall describe in detail their approach to the design, collaboration, stakeholoder coordination, permitting and construction phase services for the project, drawing on previous experience with similar projects. This section shall detail in a clear and concise manner the proposing firm's administrative procedures that are and will be used to assure the accuracy, timeliness and cost effectiveness of all work produced by the proposer. This section shall include specific examples of procedures and/or methods that have been used in the past and would be applicable to this assignment and its' delivery method. This section should address such items (if appropriate) as: Page 9 of 59 Packet Pg. 1942 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM A. Methods utilized to control of the scope of services required to complete the assignment and minimize the necessity for changes or additional work. B. Coordination of the work effort of the various disciplines and/or sub-consultants required to complete the assignment. C. Methods utilized to maintain control over costs, document financial progress and report periodically a realistic detailed summary of the technical and financial status of the assignment. D. Methods used to control the quality of all work and assure that all applicable _ Federal, State and/or Local regulations, codes or ordinances are satisfied. E. Methods to be used to respond in a timely and accurate manner to the inquiries of the Owner, regulatory agencies and/or others with a legitimate interest in the 06 project. F. Methods to validate the preliminary design. c G. Methods to coordinate and collaborate with the CMAR on design and bidding strategies to save on schedule and budget. The respondent's project approach should focus on items of originality or specific capability that would demonstrate the ability to successfully sequence and phase W the project along with assisting in the development of an implementable design and progress to successfully complete the project and ready for full operation by October N 1, 2024. Tab 5. Disadvantaged Business Enterprise Opportunity Goals This section is intended to allow the Proposer an opportunity to discuss its efforts to include Disadvantaged Business Enterprises (DBE) in the project, as well as to discuss 0 past and present demonstrated commitment to small and minority businesses and contributions toward a diverse marketplace. More specifically, the Proposer is asked to state its: (i) past efforts to mentor, train and otherwise demonstrate a commitment to the growth and development of the small and minority business community; and (ii) present intentions to mentor, train, and include DBE in the scopes of work that are contemplated by and that will result from this solicitation. Proposer should highlight company efforts to encourage DBE and local small business utilization including such items as mentoring or outreach programs and/or similar programs in which the Proposer engages DBEs and small business participation. A Disadvantaged Business Enterprise shall be defined as a business firm satisfying the requirements of 49 CFR Part 26, as amended. It is the official policy of JAA to recognize the authority and applicability of the United States Department of Transportation's Rules and Regulations governing Disadvantaged Business Enterprise participation. Firms desiring to participate as a Disadvantaged Business Enterprise Page 10 of 59 Packet Pg. 1943 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM (DBE) must be duly certified by a member of the Florida Unified Certification Program (FUCP) and be listed in the UCP DBE Directory of firms, access to which may be obtained by visiting: https://fdotxwp02.dot.state.fl.us/Eq ua lOpportu n ityOfficeBusi nessDi rectory/CustomSea rch.aspx The goal for this project is a 23.2% DBE aspirational goal. Submission of a proposal shall constitute full acceptance of all DBE goals and conditions outlined in this Request. Monroe County intends to award the contract for this solicitation to the most responsible proposer submitting a proposal that is most advantageous and in the best interests of the County, provided the proposer has satisfactorily demonstrated its ability to meet the DBE participation goals or has provided written documentation at the time a proposals are due to demonstrate good faith efforts sufficient to overcome a rebuttable presumption of the adequacy of the assigned goal by virtue of other proposers having 06 achieved the goal. Monroe County reserves the right to reject any or all proposals submitted in response to this RFQ. 0 Tab 6. Financial Information and Litigation Pursuant to Monroe County Code, the Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; a (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and e any prior names; c (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Yes or No. If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Yes or No. If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Yes or No. If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in Page 11 of 59 Packet Pg. 1944 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM connection with a contract to provide services, goods or construction services? Yes or No. If yes, provide details; e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (6) Customer references (minimum of three), including name, current address and current telephone number; (7) Credit references (minimum of three), including name, current address and current telephone number; (8) Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity; and N (9) Any financial information requested by the COUNTY department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the person responding is responsible. 0 U Tab 7. County Forms and Licenses Respondent shall complete and execute the forms specified below and found at the designated pages in this RFQ, and shall include them in the appropriate tabbed section; failure to provide executed documents may result in Respondent being determined to be not fully response to the RFQ. W Form Page N Response Form 46 Lobbying and Conflict of Interest Clause 47 Non-Collusion Affidavit 48 Drug Free Workplace Form 49 a, Respondent's Insurance and Indemnification Statement 50 Insurance Agent's Statement 51 0 Public Entity Crime Statement 52 Vendor Certification Regarding Scrutinized Companies Lists 53 Disclosure of Lobby Activities 54 Respondent shall produce evidence of proper licensing to perform the services described herein. Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and e-mail address indicated in the Notice of Request for Qualifications and received prior to Prvoposal due date and time. Modifications must be submitted in accordance with section 1.10. 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the COUNTY. Page 12 of 59 Packet Pg. 1945 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents' names shall be read aloud at the appointed time and place stated in the Notice of Request for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to appear. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The 06 COUNTY reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the COUNTY. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the COUNTY. The selection process consists of two phases of evaluation and scoring. 1. Short-List. The County's Selection Committee will review each proposal. Up to the three (3) highest ranked Respondents will be short-listed and invited to interview with the Selection Committee. Proposers will be notified in writing if their firm has been qualified N for the second phase and will be notified on the topics to be presented at the interviews during the second phase of the selection process. 2. Final Selection. The second phase of the evaluation and selection will only be for the proposers who are selected from the first phase of the evaluation. The shortlisted firm's interview will consist of a presentation to the Selection Committee followed by a question and answer period. One (1)firm will be selected. c 0 Scoring Evaluation for Submittals — Phase 1(Short List Process). Each TAB section will be given points used to score and evaluate firms and individuals. Assignment of points will take into account factors such as quality/completeness of information, recentness and similarity of experience, verifiability, proximity, financial stability, etc. The scoring criteria point structure is as follows: Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 — Executive Summary 5 TAB 2 — Relevant Experience 25 TAB 3 —Staffing, Technology 30 TAB 4 —Approach to the Project 30 TAB 5 — DBE 5 TAB 6 — Financials, Litigation 5 TAB7 —County Forms Y/N Page 13 of 59 Packet Pg. 1946 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM TOTAL 100 Please note that a proposal may be rejected as non-conforming, non-responsive or the proposer may be deemed not responsible in which case the amount of points will become irrelevant to the final selection. Tab 6 does not have a point value; however, failing to include the required forms shall be grounds for rejection of the proposal. In addition to the points as set out above, the evaluation of proposals shall include, but not be limited to, the criteria set forth in this RFQ. Scoring Evaluation for Short Listed Firms — Phase 2 (Final Selection). Interviews of Respondents)will have a separate and additional maximum twenty(20) points possible. The total maximum points possible will be 120. .N SCORING CRITERIA MAXIMUM POINTS 06 Quality of Presentation 20 TOTAL 20 0 U 1.15 AWARD OF CONTRACT A. The COUNTY reserves the right to reject any and all bids, waive any informality in any response, or to re-advertise for all or part of the work contemplated and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. If responses are found to be acceptable by the COUNTY, W written notice will be given to the selected respondent of the award of the contract. The COUNTY reserves the right to reject any and all responses, or any part of a proposal. N B. If the award of a contract is annulled, the COUNTY may award the contract to another Respondent, or the work may be re-advertised or may be performed by other qualified personnel as the COUNTY decides. C. A contract will be awarded to the Respondent deemed to provide the services which are in the best interests of the COUNTY and at the discretion of the Board of County Commissioners of Monroe County (BOCC). c D. The COUNTY also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. The results of the competitive selection process will be presented to the BOCCfor final approval. F. Tie Responses: In the event when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. G. Protest Procedure: Any Respondent who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the COUNTY within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of the contract. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the COUNTY to do so. A formal written protest may be submitted in writing and must be received by the COUNTY Attorney's Office seventy-two (72) hours of three (3) business days prior to the Board of County Commissioner's Page 14 of 59 Packet Pg. 1947 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Respondent that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on the matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners' decision to award the contract is final and at their sole discretion. 1.16 EXECUTION OF CONTRACT N The Respondent with whom a contract is negotiated shall be required to return to the COUNTY two (2) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by W companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. N Worker's Compensation Statutory Limits Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee 0 General Liability, including $1,000,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability E Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $300,000 Per Occurrence (Owned, non-owned and hired vehicles) $200,000 Per Person $200,000 Property Damage Or$300,000 Combined Single Limit Architects Errors and Omissions $1,000,000 per Occurrence $3,000,000 Aggregate Page 15 of 59 Packet Pg. 1948 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.18 INDEMNIFICATION, HOLD HARMLESS AND DEFENSE. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONSULTANT or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT, or its Subconsultant(s) in any tier, their officers, employees, servants or N agents. 06 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for W the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. Indemnification To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless 0 the Agency, the State of Florida, , and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (COUNTY) Agency's sovereign immunity. 1.19 TITLE VI SOLICITATION NOTICE: Monroe County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 16 of 59 Packet Pg. 1949 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the COUNTY's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: 06 Phone: Scope of Work: Reason for Waiver: >- LU Policies Waiver will apply to: LU Signature of Respondent: Approved Not Approved 0 Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE Page 17 of 59 Packet Pg. 1950 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM SECTION TWO: SCOPE OF WORK 2.1 BACKGROUND The County has a need for the planning, design, construction and commissioning for the terminal expansion project at Key West International Airport , located in Key West, Florida. As a part of fulfilling that need, the County is requesting the submission of qualifications from Architectural/Engineering(A&E) firms specialized in designing airport terminals with specific experience implementing their design while maintaining the existing operations at the airport without impacting the airlines, tenants, and passenger's needs. The A&E firm shall have proven experience working on airport terminal projects in collaboration with a CMAR. 06 2.2 CURRENT STATUS INFORMATION Monroe County Department of Airports completed a preliminary design of Concourse A and the terminal improvements program at Key West International Airport. This preliminary design provided the program and basis for this Request for Proposal. The preliminary design can be downloaded via a provided link. The County has decided the delivery method for the project shall be through utilizing a Construction Manager at Risk (CMAR). The procurement of the CMAR is on the same schedule for the selection of the A&E firm (this procurement). Due to the active environment in which the construction of this project will be taking place, it is Monroe's County's requirement that both A&E and CMAR work collaboratively as team from the kickoff of >- this project through completion. A summary of the A&E work and anticipated scope and services on this Project are provided below. The A&E firm will be expected to work as an integral member of the project delivery team working closely with both the Airport and the CMAR in delivering the project. The selected firm LU will provide all design, permitting and construction phase services for the Key West International Airport's Terminal Expansion, as outlined below. All design and engineering work shall comply with applicable state and local codes and ordinances and applicable Federal Aviation Administration, Florida Department of Transportation and Authority design criteria, rules and regulations. The basic services will include, but not necessarily be limited to: c 1. Preliminary Phase This phase involves those activities required for reviewing the previously completed preliminary design and validating the scope of a project and establishing preliminary requirements. Activities within this phase include: A. Conferring with stakeholders on project requirements, program definition and development, budget preparation, finances, schedules and other pertinent matters. B. Planning, procuring, and/or preparing necessary surveys, permits, geotechnical engineering investigations, building assessments, pavement investigations, and any other engineering studies required for preliminary design. C. Concept refinement, developing preliminary layouts, cost estimates and project recommendations. D. It is anticipated that construction will be initiated prior to completion of 100% design. Work closely with the CMAR in the development of an overall project Page 18 of 59 Packet Pg. 1951 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM delivery schedule, including identification of early work packages. The design schedule will reflect the design phasing required to facilitate delivery of the work packages as identified by the CMAR. 2. Pre-Construction Design Phase This phase includes all activities required to undertake and accomplish a full and complete project design including: A. Coordinating and attending meetings and design conferences to obtain information and to coordinate or resolve design matters. B. Preparing necessary engineering reports and recommendations. C. Preparing detailed plans, specifications and cost estimates. 06 D. Printing and distributing necessary copies of contract drawings and specifications. 0 E. Environmental and construction permitting. F. Collaborating with the CMAR who will be providing preconstruction services including value engineering, evaluation of constructability issues and other cost and/or schedule saving opportunities during project design. All approved CMAR requested changes will be incorporated into the design. All work closely with the >- CMAR in the development of work packages. 3. Bidding or Negotiation Phase These activities involve assisting the Authority in advertising, securing and recording bids, negotiating for services, analyzing bid results and furnishing recommendations on LU the award of contracts. Respond to RFI's as necessary to clarify design intent. 4. Construction Phase This phase includes all basic services rendered after award of a construction contract including, but not limited to, the following activities: A. Providing consultation and advice to the Owner during all phases of construction. B. Participating in pre-construction conferences. C. Inspecting and testing work in progress periodically and providing appropriate reports to the Owner. D. Reviewing and approving shop drawings, product submittals, Requests for Information (RFIs), etc. submitted by the Contractor for compliance with the contract documents. E. Reviewing, analyzing, and approving laboratory and mill test reports of material and equipment. F. Reviewing change orders and supplemental agreements. Page 19 of 59 Packet Pg. 1952 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM G. Observing or reviewing performance tests required by the specifications. H. Reviewing Contractor's invoices and assisting the Owner in the preparation of payment requests for amounts reimbursable from project grants. I. Making final inspection and preparing all project closeout documents for the Owner. J. Preparation of as-built/as-constructed drawings using CADD and providing CADD drawings and electronic files. K. Providing all testing and evaluation services which may be required. L. Provide construction administration, management and inspection services if requested. 06 2.3 SUMMARY SCOPE OF WORK A contract for professional services will be negotiated with the selected firm or team. The scope of professional services shall include, but not be limited to: Holding and conducting informational meetings with the public and relevant agencies, holding monthly progress meetings with the tenants and Monroe County and Airport staff. Validation of the preliminary design program for conceptual site plan, parking, space requirements and relationships, schematic design, ADA >_ compatible design for interiors and exteriors, design development, preparation of contract �-- documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on-site observations during construction, process shop drawings, recommend approval of contractor invoices, preparation of all construction documents required to submit for and secure all permits necessary to complete the, zoning applications, public presentations and presentations to the County Commission. Please note that the County intends to use the Construction Manager At Risk (CMAR) method of project delivery. The CMAR team will be selected via a separate contract. The A&E team selected under this procurement will be required to collaborate closely with the CMAR and the County to deliver the final project. This includes the development of a phasing and sequencing strategy, accepting CMAR input on design, assisting in the development of work/bid packages and assistance during construction. Use of the CMAR method of delivery will influence the final scope of work to be negotiated with the selected A&E team. 2.4 FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. The CONSUTLANT must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. Page 20 of 59 Packet Pg. 1953 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 2.5 Occupational Safety and Health Act of 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. 2.6 Veteran's Preference In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include c Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 2.7 Certification Of Respondent Regarding Tax Delinquency and Felony Convictions The respondent must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (X) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( ❑ ) is not ( ❑ ) a corporation that has any 0 unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ❑ ) is not ( ❑ ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 2.8 Energy Conservation Requirements CONSUTLANT agrees to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201 et seq). 2.9 Trade Restriction Certification By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— Page 21 of 59 Packet Pg. 1954 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. N The Offeror/Contractor must provide immediate written notice to the Owner if the 06 Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or W 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or N 3) who incorporates in the public works project any product of a foreign country on such USTR list. LU Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally 0 possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Page 22 of 59 Packet Pg. 1955 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM SECTION THREE: DRAFT CONTRACT A sample contract is included for information of the bidders. The contract may be changed to reflect the needs of the COUNTY for a particular project. AGREEMENT FOR Key West International Airport Concourse A and Terminal Improvements Program This Agreement ("Agreement") made and entered into this day of 20 , by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter LU referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 06 AND 0 a of the State of whose address is its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to >- design and permit Name of Contract; and -- WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing: concepts, construction drawings and specifications, all documents required to submit for and secure all permits necessary to complete the project and hold a minimum of two informational hearings with the public and monthly project meetings with the tenants for Name of Contract, referred to as the "Project". 0 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby c acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. Page 23 of 59 Packet Pg. 1956 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his/her performance and those directly under his/her employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services N pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those 06 now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement, the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. W 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, N color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. ARTICLE II SCOPE OF BASIC SERVICES 0 2.1 DEFINITION CONSULTANT's Scope of Basic Services consist of those described in Exhibit A. CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his/her receipt of a written Notice to Proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES, AND CONFLICTS The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Page 24 of 59 Packet Pg. 1957 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Mr. Richard Strickland Director of Airports Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: ARTICLE III LU ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond >- with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 0 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are Page 25 of 59 Packet Pg. 1958 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, 06 reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and >- warrants that he/she shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 0 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: Page 26 of 59 Packet Pg. 1959 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's 06 performance of this Agreement based on the hourly rates outlined in Attachment B, or a Not to Exceed Amount negotiated at the time of performance. 0 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Sec. 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; and (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds.7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified in each task order and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Florida Statutes, Sec. 112.061 and Monroe County Codes. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. Page 27 of 59 Packet Pg. 1960 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A- VI or better, that is licensed to do business in the State of Florida and that has an agent for 06 service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute Chap. 440.B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on-site and off-site operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or$300,000 Combined Single Limit 0 U D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents, or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors, Broad Form Property Damage, and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of$1,000,000 per occurrence and $3,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. Page 28 of 59 Packet Pg. 1961 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. N I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 COUNTY'S OWNERSHIP OF THE PROJECT DOCUMENTS LU The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT for use for this specific project. The documents, or the"architects instruments of service" remain the intellectual property of the architect and cannot be utilized for any other project except the project specifically outlined in this agreement. . 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. Page 29 of 59 Packet Pg. 1962 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 9.5 TERMINATION OR SUSPENSION The Contract may be terminated by the COUNTY as provided in Article 14 of the General Conditions. A. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall N pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in 06 the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. B. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the W CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to N CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0 E. For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Page 30 of 59 Packet Pg. 1963 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 06 or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Page 31 of 59 Packet Pg. 1964 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and N subject to audit and/or reproduction by Owner's representative and/or agents of Owner. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES06 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the W circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. Page 32 of 59 Packet Pg. 1965 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS 06 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and N CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, Page 33 of 59 Packet Pg. 1966 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to .y Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and W selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, N notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Page 34 of 59 Packet Pg. 1967 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the consultant's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders N of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a consultant becomes involved in, or is 0 threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the consultant may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 35 of 59 Packet Pg. 1968 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. CONSULTANT shall be referred to herein also as "CONTRACTOR" for this provision only: 06 Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the W CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this N provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR c is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public Page 36 of 59 Packet Pg. 1969 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the L public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. 06 The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470, PUBLICRECORDS( -MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY LU WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Page 37 of 59 Packet Pg. 1970 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service .N or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall 06 have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement and a Vendor Certification Regarding Scrutinized Companies Lists. Signature of W this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation N pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 0 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and Page 38 of 59 Packet Pg. 1971 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the N CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used 06 whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits,which encourage W participation by small and minority businesses, and women's business enterprises; N 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 0 9.30 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30%completion, 60% completion, 90% completion, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month Page 39 of 59 Packet Pg. 1972 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded >_ by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. �-- §§31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. i) The CONTRACTOR shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Page 40 of 59 Packet Pg. 1973 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. 9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and .N 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every 06 mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient N or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any 0 implementing regulations issued by the awarding agency. 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR §180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The CONSULTANT, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding Debarment, above. Page 41 of 59 Packet Pg. 1974 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 3. Inserting a clause or condition in the covered transaction with the lower tier contract. 9.31.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR�200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA W guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated N items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. c 0 9.31.8 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.9 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.31.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. Page 42 of 59 Packet Pg. 1975 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 9.32 Texting When Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the CONSULTANT to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities N associated with the project. 06 9.33 Access to Records and Reports. The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 9.34 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: N 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. c 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements 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 procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. Page 43 of 59 Packet Pg. 1976 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's N noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal 06 Aviation Administration may determine to be appropriate, including, but not limited to: 0 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW c� c c Page 44 of 59 Packet Pg. 1977 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman 06 Date: Date: 0 (Seal) CONSULTANT: Attest: Signature: Signature: Name: Name: Title: Title: Date: Date: 0 0 END OF AGREEMENT Page 45 of 59 Packet Pg. 1978 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM SECTION FOUR: COUNTY FORMS RESPONSE FORM Respondent's name, address and e-mail address E-mail Federal I.D. # DUNS # RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 06 c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET c KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement o Public Entity Crime Statement o Vendor Certification Regarding Scrutinized Companies Lists o Disclosure of Lobby Activites In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above, as a reminder that they are included.) Mailing Address: Telephone: (if different from above) Fax: Date: Signed: Witness: (Seal) (Name) (Title) Page 46 of 59 Packet Pg. 1979 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) 06 warrants that he/she has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) �-- Date: c� STATE OF: COUNTY OF: o Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: (Seal) Page 47 of 59 Packet Pg. 1980 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: N 2. The prices in this bid have been arrived at independently without collusion, consultation, 06 communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made b the bidder to induce any other person, partnership, or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this W affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: 0 COUNTY OF: c PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20 NOTARY PUBLIC My Commission Expires: (Seal) Page 48 of 59 Packet Pg. 1981 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse .N violations. 06 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so N convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above 0 requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: (Seal) Page 49 of 59 Packet Pg. 1982 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $300,000 Per Occurrence (Owned, non-owned and hired vehicles) $200,000 Per Person $200,000 Property Damage 06 Or$300,000 Combined Single Limit Architects Errors and Omissions $1,000,000 per occurrence $3,000,000 aggregate Indemnification, Hold Harmless and Defense. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, >- damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out �-- of, in connection with, or by reason of services provided by the CONSULTANT or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees o U and warrants that CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Page 50 of 59 Packet Pg. 1983 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 06 Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: 0 0 Page 51 of 59 Packet Pg. 1984 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last N thirty-six (36) months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on the day of c 20 , by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC (SEAL) Page 52 of 59 Packet Pg. 1985 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering 06 into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or U services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott >- Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false c� certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://uvuvuv.drr�s.rr�yflorida.corr�/business operations/state purchasing/vendor information/convicted suspen ded discriminatory coreplaints vendor lists Page 53 of 59 Packet Pg. 1986 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the _ undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any 06 cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. c (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. �- (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated: Authorized Representative Page 54 of 59 Packet Pg. 1987 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM APPENDIX A Revision Date:June 16,2020 Appendix 10a-Badge Application Form Last Name: First Name: KEY'WEST INTERNATIONAL AIRPORT IDENTIFICATION.MEDIA APPLICATION FBADGINGFFICE USE ONLY- Badge 9 issued: Exp: Security Threat Assessment Date: : Pass Transmittal: ❑ FaiI e)submitted on:tted on: ❑ N/A, Fingerprints Approved an: Uj Fingerprint Case Number: Training Completion Date(s): 06 SIDA or GA training: Applicant Notified-Date&TA initials: Authorized Signatory training: Non-' ovement training: Approval/Disapproval Movement driving training: Driving Practical: Ca sm Authorized Signatory Only Driving Endorsement BADGE SELECTION Endorsement ❑ NDN MOFERIENT DRIVING ❑ AQA ❑ NIOVEMENT DRIVING ❑ STERILE ❑ BOTH r ❑ SIDA ALL AREAS ❑ NONE ❑ SIDA ALL AREAS ARMED Authorized Signatory Endorsement Escort Endorsement ❑ ESCORT ❑ Yes27, ❑ NONE ❑ No � Section I-Applicant Reporting Requirements for Security Threat Assessment(STA) Airport operators must not issue any type of personnel identification media to an individual until the information requested in this section is sutartritted to the Transportation Security Adininistration and the Transportation Security Administration has completed a Security Threat Assessment(STA)on the individual and deternxmed that the individual does not pose a threat to security. `ry Employer's Name U Last Name First Name Middle:Name O tJ SSN - Aliases Gender:M:`F{circle one) Height Weight Eve color Hair color Address. City State Zip code Phone numbers Email U DOB(AMFDD/YY1"Y) Country of Birth State of Both Citizenship Passport(PP)# PP Exp. PP Country Alien Registration or Visa Driver's.License# State Expiration Other I-9 Documentation EYW BADGE APPLICATION-JUNE 16,2020 Page I of 4 Page 55 of 59 Packet Pg. 1988 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Revision Elate:June 16,2020 Appendix 10a—Badge Application Form Last Name: First Name: Section II-Criminal History—Real Section H initial below 49 CFR Pails 1542 and 1544 and Public Law 4 106-528 prohibit anyone who has been convicted or found not guilty by reason of insanity within the previous 10 years of the following crimes from being granted tutescorted access to the airport's Security Identification Display Area(SIDA),Secured Area,Sterile Area and AOA.That is,that person may not be given,"issued an airport badge. All applicants must submit fingerprints which will be used to check the person's criminal history records.Federal regulations under 49 CFR t 542.209(1)impose a continuing obligation to disclose to the airport operator within 24 hours if he or she is convicted of any disqualifying criminal offense that occurs while he or she has unescorted access authority. By marling each box below,I certify that I have NOT,during the past 10 years,been convicted or found not guilty by treason of insanity of any of the disqualifying crimes listed below. y ❑ 1)Forgery of cerlif cates,false marking of aircraft,and ❑ 17)Kidnapping or hostage taking. other aircraft registration violations;49 U.S.C.46306. ❑ 18)Treason. 06 ❑ 2)hiterference with air navigation;49 U.S.C.46308. ❑ 19)Rape or aggravated sexual abuse. 3)Improper transportation of a hazardous material;49 ❑ 20)Unlawful possession,use,sale,distribution,or U U.S.C.46312. manufacture of an explosive or weapon. 4)Aircraft Piracy;49 U.S.0 46502. ❑ 21)Extortion. tJ 5)Interference with flight crew members or flight ❑ 22)Armed or felony unarmed robbery. attendants:49 U.S.C.46504. ❑ 23)Distribution oil or intent to distribute,.a controlled t8 ❑ 6)Commission of certain crimes aboard,aircraft in flight: substance. 49 U.S.C.46506 ❑ 24)Felony arson. ❑ 7)Carrying a weapon or explosive aboard an aircraft;49 ❑ 25)A felony involving a threat. r U.S.C.46505. ❑ 26)A felony involving: 8)Conveying false information and threats;49 U.S.C. i. Willful destruction ofproperty; 46507. ii. Itmportationn or manufacture of a controlled 9)Aircraft Piracy outside the special aircraft jurisdiction of substance; the United States;49 U.S.C.46502(b). iL Burglary; o 10)Lighting violations involving transporting controlled iv. Theft' v substances;49 U.S.C.46315. V. Dishonesty,fraud,or riusrepresentation; 11)Unlawful entry into an aircraft or airport area that vi. Possession or distribution of stolen serves air carriers of foreign air carriers contrary to property; established security requirements.49 U.S.0 46314. vii. Aggravated assault; 12)Destruction of an aircraft or aircraft facility:18 U.S.0 Vitt. Bribery; 0) 32. ix. Illegal possession of a controlled substance 13)Murden punishable by a maximum term of imprisonment of more than I year. U ❑ 14)Assault with intent to murder. 15)Espionage. ❑ 27)Violence at international airports:18 U.S.C.37. 16)Sedition. ❑ 28)Conspiracy or attempt to commit any of the aforementioned criminal acts. I acknowledge that the Transportation Security Administration(TSA)has determined that a vdthheld adjudication(court did not pronounce guilt or innocence),whether through a guilty-plea or a plea of mild contendere(no contest),constitutes a conviction for the purpose of unescorted access to the Si13A,Secured Area,Sterile Area on AOA(49 CFR Part 1542).1 atso accept that upon receipt of a directive from the TSA or a modification to the regulation,my tmescorted access to the secure area of the Airport may be denied or revoked. 0) The Airport Security Coordinator keeps confidential criminal history records obtained from the FBI and uses them only for determining whether to issue an airport badge. You may get a copy of your criminal history records sent by the FBI to the Airport Security Coordinator by submitting a written request within 30 days of being advised that your criminal history disqualifies you from being issued an airport badge. If you believe that any information is inaccurate,you may directly contact the agency that reported the disqualifying conviction to correct your record. I have read and understand Section I1 (Applicant Initials) EYW BADGE APPLICATION—JUKE 16,2020 Page 2 of 4 Page 56 of 59 Packet Pg. 1989 J.10.c KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Revision Date:June 16,2020 Appendix 10a-Badge Application Form Last Name: First Name: Section III-Applicants Airport Security Program Responsibility Agreement 1. I will not allow anyone else to use my ID badge or AOA access key. 2. I will wear my ID badge on airy outermost garment at all times when in the SIDA or security controlled area 3. I will challenge and report any individual who is not displaying air ID badge in a restricted area or SIDA and report the incident to the Airport Operations Department or Airport Security(MCSO). 4. I will ensure proper closing,locking and securing of any SIDA or AOA access controlled door or gate I use. 5. I will not allow anyone to follow me or my vehicle(piggy-back)through any Secured Area or AOA access controlled door or gate I Ilse, 6. 1 will report the theft or loss of my ID badge or key immediately to the Airport Security Department(MCSO). 7. If I am granted escort privileges.I fully understand I am responsible for the control of the persona's I am escorting and that I understand the N escort procedures and the reporting ofunusual activity to the Airport Security Department(MCSO). 0) 8, 1 will report immediately any security violation I witness to the Airport Security Department(MCSO). 9. I fully understand that pursuant to 49 USC§44903 any person and his or her accessible property accessing the secured area,air operations area and/or sterile area of the airport are subject to search by TSA or other authorized officials. 06 10. I understand the consequences for unauthorized disclosure(civil penalty action that may include fines)of Sensitive Security Information material.(See Section 1520.17 of Title 49 of the United States Code.) It. I fully understand that EYXNI Airport ID Media is to be used for OFFICIAL BUSINESS ONLY.All EYW Airport issued ID Media holders U that are traveling must access the Sterile Area through the TSA Security Checkpoint with their accessible property and remain in the Sterile C 0 Area prior to boarding. (, I have read the above security procedures(Section III),and I understand that failure to comply Esith any of them may result in the revocation of my ID badge or key,which means I.gill not be allowed.access to the security controlled areas of the airport. Furthermore,I may be subject to chit penalty action from the Transportation Security Administration andlor Al ntro€County. I have react and understand Section III (Applicant Initials) r Section IV—SIDA ID Media Application Screening Notice "Screening Notice:Any employee holding a credential granting access to a Security Identification Display Area may be screened at any time >- while gaining access to,working in,or leaving a Security Identification Display Area." I have react and understand Section III (Applicant Initials) The Privacy Act of 1974 5 U.S.C.' §552a(e)(3) PRWACY ACT NOTICE Authority:6 U.S.C.§1140,46 U.S.C.§70105;49 U.S.C.§§106,114,5103a..40103(b)(3),40113,44903,44935-44936,44939,and 46105;the Implementing Recommendations of the 9 11 Cominission Act of 2007,§1520(121 Stat.444,Public Law 110-53,August 3,2007),FAA Reauthorization Act of 2018.§1934(c)(132 Star.3186.Public Lacy 115-254..Oct 5,2018),and Executive Order 9397(Noveinbei 22,1943),as amended. 0) ff7 Purpose:The Department of Homeland Security(DHS)will use the biographic information to conduct a security threat assessment.Your fingerprints and associated information will be provided to the Federal Bureau of Investigation(FBI)for the purpose of comparing your fingerprints to other fingerprints in the FBI's Next Generation Identification(NGI)system or its successor systems including civil,criminal,and latent fingerprint U repositories.The FBI may retain your fingerprints and associated information in NGI after the completion of this application and,while retained, your fingerprints may continue to be compared against other fingerprints submitted to or retained by NGI.DHS will also transmit your fingerprints Ca for enrollment into US-VISIT,Automated Biometrics Identification System(IDENT).DHS may provide your name and SSN to the Social Security Administration(SSA)to compare that information against SSA records to ensure the validity of the information. Routine Uses:In addition to those disclosures generally permitted under 5 U.S.0 §522a(b)of the Privacy Act,all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C.§522a{b)(3)'including with third parties during the course of a security threat assessment,employment investigation,or adjudication of a waiver or appeal request to the extent necessary to 0) obtain information pertinent to the assessment,investigation,or adjudication of your application or in accordance with the routine uses identified In E the TSA system ofrecords notice(SORN)DHStTSA 002,Transportation Security Threat Assessment System.For as long as your fingerprints and associated information are retained in NCI,your information may be disclosed pursuant to your consent or without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in Tire Federal Register,including the Routine Uses for the NGI system and tine FBI's Blanket Routine Uses. Disclosure:Pursuant to§1934(c)ofthe FAA Reauthorization Act of 2018,TSA is required to collect your SSNI on applications for Secure Identification Display Area(SIDA)credentials.For SIDA applications,failure to provide this information may result in denial of a credential.For other aviation credentials,although furnishing your SSN is voluntary,if you do not provide the information requested,DHS may be unable to complete your security threat assessment. EYW BADGE APPLICATION-JUNE 16,2020 Page 3 of 4 Page 57 of 59 Packet Pg. 1990 KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM Revision Date:June 16,2020 Appendix 10a-Badge Application Form Last Name: First Name: ----------------------------------------------------------------------------- Applicant Certification The information I have provided is true,complete,and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and willful false statement can be punished by fine or imprisonment or both. (See Section 1001 of Title 18 of the United States Code.) I authorize the Social Security Administration to release in-,Social Security Number and full name to the Transportation Security Administration,Intelligence and Analysis(IA),Attention:Aviation Programs(TSA-10)/Avintion Worker Program,601 South 12th Street,Arlington,N'--k 20598. 1 am the individual to whom the information applies and want this information released to verify that my SSN is correct. I know that if make any representation that I know is false to obtain information from Social Security records,I could be punished by a fine or imprisonment or both. 06 Applicant's Signature: Date of Birth: Applicant's SSN: Full N"allic: U C tJ --------------------------------------------------------------------------------------------------------------------------------------------------------- 0 Section V-Signatory Authority(Information and Certification)-Authorized Signatory Only Signatory Authority Name&Title Date Phone Number Authority Email Street Address cityfstate/Zip As the Authorized Signatory for I authorize that a specific need exists for providing with unescorted access authority to any SIDA,Secured Area,Sterile Area or AOA,as indication in this application,in the execution of their-duties as a The individual applicant acknowledges their security responsibilities under 49 CFR 1540.105(a). Signatory Authority Signature 0 0 BARGING OFFICE USE ONLY IU- Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: 0) E Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA EYW BADGE APPLICATION-JUNE 16,2020 Page 4 of 4 Page 58 of 59 1 Packet Pg. 1991 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program 06 KeyWest International Airport � 0 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Ms. Michelle Coldiron, District 2 Mayor Mr. David Rice, District 4 Mayor Pro Tem Mr. Craig Cates, District 1 Commissioner Mr. Eddie Martinez, District 3 Commissioner Mr. Mike Forster, District 5 Commissioner January 7, 2021 Addendum 42 Professional A/E Services Key West International Airport Concourse A and Terminal Improvements Program Page Packet Pg. 1992 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program 1. Questions and Answers: Ql: Will CAD files and 3D rendering models be made available for the 15% Schematic Design documents and Renderings; respectively, included in the solicitation package? Al: Addendum No. I provided a link where the CAD files could be downloaded from. N 06 Q2: Tab 1 Executive Summary requires that the Respondent provide "a list of projects within the last five (5)years that are similar in nature to the services requested in the RFQ". The services under this RFQ are expected to include every discipline including civil, mechanical, electrical, plumbing, lighting, baggage handling system, and architectural. Is the County and/or Airport looking for this experience to be demonstrated by a singular company (i.e. the Prime)performing all of these services or the Team responding to the RFQ? < A2: The list ofprojects is where the Prime Respondent managed a team in delivering projects similar to the project within this RFQ. Q3: Are digital signatures/notaries permitted? A3: Yes. Q4: Tab 2, Page 9 of RFQ states "The Respondent shall provide at least two (2) written references or the name and current contact information from an airport for which the Respondent has provided the same or similar services during the past(5)years. Each reference shall include, at a minimum, the information listed above." —Question: Are we to provide two (2)written letter references and the name and contact information from airport/bulleted information for each reference/project? A4: The Respondent shall provide two written letter references in addition to providing the contact information bulleted on page 9 of the RFQ for each listed project the Respondent provides. Q5: Do the required forms count toward the page limit? A5: No. Q6: Tab 3, Page 9 of RFQ states "The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation,partnership,joint venture) and include names of persons with an interest in the firm" Question: Sometimes the list of people can be a few pages long...can we put this in an appendix to not count toward the page limit? A6: Yes. Only a list ofpersons with an interest in the firm can be provided in an Appendix and will not count against the page count. Addendum 42 Professional A/E Services Key West International Airport Concourse A and Terminal Improvements Program Page Packet Pg. 1993 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program Q7: What software does the county use? A7: Adobe Acrobat will be used to review and print the received bids. Q8: Does the qualifications PDF need to be printer friendly or will it be reviewed digitally? A8: The qualifications PDF needs to be printer friendly. Q9: Has an environmental assessment been completed? A9: No. 06 Q10: Is the 23.2% DBE goal for the project as a whole (A/E and CMAR) or A/E only? AIO: The 23.2%DBE goal is for the A/E only. Ql l: Who does county use for materials testing? All: The County does not have a contract with a specific materials testing company. Q12: Is there a local permitting sub that the county likes to use or is currently using? Al2: The County does not use one specific firm for permitting. Q13: The tentative schedule on Page 6 of RFQ (Section 1.8) lists deadline for questions & written requests for clarification as 31 Dec. 2020 @ 5:00 pm. Section 1.5 on Page 5 of RFQ states "Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration" — Question: Can we c� submit questions after 31 Dec. 2020 as long as it's in writing 10 days before 2 Feb. 2021? E A13: Deadline for questions was December 31, 2020. No other questions will be answered if submitted after this deadline. Q14: Do subconsultants need to provide any information for Tab 6 (Financial Information and Litigation)? E A14: No. This requirement is only for the Prime Respondent. Q15: Do subconsultants need to complete any of the required forms listed under Tab 7 (County Forms and Licenses)? AI S: No. These forms are only required for the Prime Respondent. Q16: Tab 6 (Financial Information and Litigation), Item (6) states "Customer references (minimum of three), including name, current address and current telephone number" — Question: What type of customer references are required for this item? A16: The references are from 3 previous A/E services clients preferably for past airport services. Q17: I am inquiring about alternate arrangements for the submission of confidential financial statements as requested in the Request for Qualifications for Professional Architectural and Addendum 42 Professional A/E Services Key West International Airport Concourse A and Terminal Improvements Program Page Packet Pg. 1994 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program Engineering Services for the Key West International Airport Concourse A and Terminal Improvements Program. We are not able to provide the financial statements via email and would like to make arrangements for a delivery (either in person or via FedEx) to deliver the required documents to the appropriate person prior to the February 2, 2021 due date. A17: The County is not accepting these documents by mail nor by delivery. To streamline the process and avoid confusion, the Respondent will provide the Financial Statements via the same link that is used to provide the bid documents as outlined in Addendum 1. The file will need to be a separate document named "Financial Statements"along with Respondent's name. e( Q18: Tab 6 requested audited financial statements, is the County willing to sign an NDA prior to the submission of the financial statements as directed in the RFQ for privately held firms? A18: The County is not willing to sign an NDA. Q19: There appears to be a slight discrepancy in the mandatory subject line -- in Addendum 1, page 2 it appears as: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND >- w TERMINAL IMPROVEMENTS PROGRAM; On Addendum 1,page 3 it is listed as: PROPOSAL -PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES .2) FOR THE KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM; please confirm which is correct. w A19: Please use: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR C44 KEY WEST INTERNATIONAL AIRPORT CONCO URSE A AND TERMINAL E IMPROVEMENTS PROGRAM Q20: In regard to the forms required under Tab 7, please confirm that these should be submitted by the PRIME firm only. A20: That is correct. Tab 7 forms are only required for the Prime Respondent. E Q21: In regard to professional and occupational licenses, should these be included for both the prime and any subconsultants. Should we include relevant licenses for the firm(s), key staff or both? A21: Please include the professional and occupational licenses for both the prime and subconsultants and for identified key staff. Q22: It appears the 25MB file size restriction was removed via Addendum 1. Please confirm that there is no file size restriction for the required PDF submittal. A22: That is correct. Per Addendum No. 1, the 25MB file size restriction has been removed. Please request a link from OMB-Purchasin (Ononroccortnty-ff. rov to submit a Respondent's bid as detailed in Addendum No. 1. Addendum 42 Professional A/E Services Key West International Airport Concourse A and Terminal Improvements Program Page Packet Pg. 1995 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program Q23: Please confirm that per page 19 of 59, items 44C & 44K, that the County anticipates that all Inspections and Testing during construction will be provided under the A/E Contract and that no other independent vendor will be hired by the County for this purpose? A23: The A/E firm may be called upon to provide services per page 19, Items 4C and 4K. This does not preclude the County from hiring an independent vendor for this purpose. Q24: Is there a limit on the number of Prime Teams that a sub-consultant can be included in? A24: No. Q25: Could seasonal variation gated flight schedules be provided which include: airline, aircraft type, arrival /departure times and any other aircraft(including cargo)that are required to 0 park on the east commercial apron? A25: This information can be further reviewed and evaluated once the County has selected an A/E firm. Q26: Could additional AutoCAD existing conditions, schematic design civil engineering and survey files be provided. .N Reference: Concourse A Preliminary Design, Concourse A Schematic Design Narrative Report. Author: Jacobs, Page 22, Section 1.13.2 - Structural_ ".... The bridge that connects the terminal building to the original Concourse departure hall was framed with custom steel N trussed with composite metal deck floor system. As part of a previous project, Jacobs has performed a structural analysis on this structure and found it to be capable ofsupporting a live load of 40 psf. Other design loads for the 2006 construction can be found in the URS plans provided. " A26: No further information will be provided during the RFQ process other than what was already provided in the Concourse A Schematic Design Drawings and Preliminary Design Report. Q27: The bridge, as determined by Jacobs to be capable of supporting a live load of 40 PSF with no indication of superimposed dead load. The design criteria do not indicate if an upgrade to this bridge is required. Would the airport be able to clarify if upgrading is required to meet the loading indicated in the design criteria or required by the FBC? A27: The bridge was not anticipated to be upgraded. Analysis may be required regarding compliance with current FBC when the construction documents are developed by the selected A/E. Addendum 42 Professional A/E Services Key West International Airport Concourse A and Terminal Improvements Program Page Packet Pg. 1996 Notice of Reauest for Qualifications Addendum #2 Professional Architectural and Engineering Services for Key West International Airport Concourse A And Terminal Improvements Program Q28: Would the airport make these referenced plans available? A28: No further information will be provided during the RFQ process other than what was already provided in the Concourse A Schematic Design Drawings and Preliminary Design Report. Q29: For Tab 6. Financial Information and Litigation: Will Balance Sheets for the prior three, years suffice to fulfill the requirements under item number 8 "Financial Statements"? If not please advise which additional documents must be included. 06 A29: The submission of balance sheets with the bid will be acceptable. The County may request additional financial information as stated under Tab 6, Item No. 9. 0 Q30: Addendum #1 states: "Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents to COMB- BIDSat MonroeCounty-fl.Yov." Please confirm that the financial information should be sent �t only to COMB-BJDS�a MonroeCounty-FL,gov and NOT to the link provided for the bid document. A30: To streamline the process and avoid confusion, the Respondent will provide the Financial Statements via the same link that is used to provide the bid documents as outlined in Addendum 1. The file will need to be a separate document named "Financial Statements" along with Respondent's name. w cv This Addendum No. 2 consists of six (6)pages. 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Date: February 26.2021 '✓ r cv u� cv cv N 0 CJ 06 Packet Pg. 2005