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Item C15 C.15 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.15 Agenda Item Summary #11561 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 N/A AGENDA ITEM WORDING: Approval of an Agreement for Professional Architectural and Engineering Services with William P. Horn Architect, P.A., pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four(4)years. ITEM BACKGROUND: The County requires architectural and engineering services for various County projects on an on-going basis. On October 6, 2022, eleven (11) proposals were received for the Continuing Architectural and Engineering Services RFQ. On November 10, 2022, a selection committee held a public meeting for the ranking of the respondents. Staff desires to sign four-year agreements with the top five (5) ranked respondents: William P. Horn Architect, P.A.; Bender & Associates Architects, P.A.; McFarland-Johnson, Inc.; K2M Design, Inc.; and CPH, Inc. William P. Horn Architect, P.A. was the highest ranked respondent. Staff seeks approval of the Agreement with William P. Horn Architect, P.A. PREVIOUS RELEVANT BOCC ACTION: 5/18/22 — BOCC gave approval to advertise RFQ for Continuing Architectural and Engineering Services. 12/7/22—BOCC gave approval to negotiate with the top five (5)ranked respondents to the RFQ. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Agreement. DOCUMENTATION: Packet Pg.477 C.15 Agreement BHorn_signed County Forms—B. Horn FINANCIAL IMPACT: Effective Date: 1/18/2023 Expiration Date: 1/17/2027 Total Dollar Value of Contract: TBD on individual task orders. Total Cost to County: TBD Current Year Portion: Budgeted: Source of Funds: Various funding sources depending on project. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes. To be provided upon approval of Agreement. Additional Details: N/A REVIEWED BY: Cary Knight Completed 12/29/2022 10:43 AM Kevin Wilson Completed 12/29/2022 10:48 AM Patricia Eables Completed 12/29/2022 1:00 PM Purchasing Completed 12/30/2022 10:09 AM Budget and Finance Completed 01/03/2023 9:20 AM Brian Bradley Completed 01/03/2023 10:30 AM Lindsey Ballard Completed 01/03/2023 12:51 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg.478 C.15.a AGREEMENT FOR Professional Architectural and Engineering Services This Agreement ("Agreement") made and entered into this 18t" day of January 2023 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 William P. Horn, Architect, P.A., an Architect of the State of Florida, whose address is 915 Eaton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for U various County Projects located in Monroe County, Florida; and ,E WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00, or for study t0 activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. The professional services required by this Contract will be for services in the form of a continuing 2 contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for one additional 1-year period. 0 Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. 0 Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. E 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: Page 1 of 39 Packet Pg.479 C.15.a 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. 0 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. E 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but not limited to, all contract plans and specifications, 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 accomplish the purposes of the Project and to document costs in a manner c) that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 0 c, 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his 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 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 Ui termination to the CONSULTANT. 0 1.1.6 At all times and for all purposes under this Agreement, the CONSULTANT is an Mi 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. Page 2 of 39 Packet Pg.480 C.15.a ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT will perform for the COUNTY services as described in individual task orders in accordance with the requirement outlined in the Agreement and the specific Task Order. CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 0 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES E 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. c� 2.3 NOTICE REQUIREMENT 0 All written correspondence to the COUNTY shall be dated and signed by an authorized c) 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: c, Mr. Cary Knight. Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 U, Key West, FL 33040 0 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Ui And: Monroe County Attorney's Office 1111 12th Street, Suite 408 i Key West, Florida 33040 For the Consultant: William P. Horn Principal Architect 915 Eaton Street Key West, Florida 33040 Notice is deemed received by CONSULTANT when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Page 3 of 39 Packet Pg.481 C.15.a ARTICLE III 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. c� 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 0 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 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads and maps. c) 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 c) 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 0- 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 Ui CONSULTANT'S services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its Mi 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, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. c� 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. Page 4 of 39 Packet Pg.482 C.15.a ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 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 intentional wrongful conduct of the CONSULTANT, subcontractor(s)and other persons employed or utilized by the CONSULTANT in the performance of the contract. 0 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. Should any claims be asserted against the COUNTY E by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he 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 U insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT will hold the t0 COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance g requirements contained elsewhere within the Agreement. 0 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold Ui harmless the COUNTY and State of Florida, Division of Emergency Management, and its officers and employees, from liabilities, damages, losses, and costs, including, but not 0 limited to, reasonable attorney's fees, to the extent caused by the negligence, i recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT 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's and the (County) Agency's sovereign immunity. c� Page 5 of 39 Packet Pg.483 C.15.a ARTICLE A 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: NAME FUNCTION A-OiUlybm AI So long as the individuals named above remain actively employed or retained by the o 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 o c, COMPENSATION 7.1 PAYMENT SUM U) U) 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's 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. 7.2 PAYMENTS U) i 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 (Section 218.70, Florida Statutes). i (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. (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's invoice shall describe with reasonable particularity the service rendered. The Page 6 of 39 Packet Pg.484 C.15.a CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. (C) The CONSULTANT shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Clerk of Courts. 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. c� 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 Section 112.061, Florida Statutes. 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 t0 County Commissioners. 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. U ARTICLE VIII INSURANCE n� 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 i A: VII or better, that is licensed to 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: c� A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 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. Page 7 of 39 Packet Pg.485 C.15.a 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 onsite and offsite 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 c� 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 E 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 12 months following the acceptance of work by the COUNTY. t0 E. Professional Liability insurance of$1,000,000 per occurrence and $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four(4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, c) the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. 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 i by COUNTY during the term of this Agreement. COUNTY will not pay for increased L- limits of insurance for subconsultants. i 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. Page 8 of 39 Packet Pg.486 C.15.a 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 OWNERSHIP OF THE PROJECT DOCUMENTS 0 The documents prepared by the CONSULTANT for this Project belong to the COUNTY E and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS c� 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 0 for Monroe County and the CONSULTANT, which approval shall be subject to such c) 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 c, 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 U) Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION U) i The Contract may be terminated by the Owner as follows: A. In the event that the CONSULTANT shall be found to be negligent in any aspect of i service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. 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, Page 9 of 39 Packet Pg.487 C.15.a 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. D. Termination for Convenience: The COUNTY may terminate this Agreement for E 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 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 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 t0 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. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines c) 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 i 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 i 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 "A: Consultant Scope Of Services" and "B: Hourly Rates', and modifications made after Page 10 of 39 Packet Pg.488 C.15.a 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 36 months E 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. c0 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 U 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 i performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission i 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 Section 55.03, 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 Page 11 of 39 Packet Pg.489 C.15.a 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 COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk'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 COUNTY's representative and/or agents of the County Clerk. COUNTY E or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit t0 of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to U audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES U) U) 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, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY i and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. i 9.10 SEVERABILITY E 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. Page 12 of 39 Packet Pg.490 C.15.a 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 0 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 E representatives, successors, and assigns. 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. Each party agrees that it has had ample opportunity t0 to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 9.14 CLAIMS FOR FEDERAL OR STATE AID c, 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. U) 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS 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, i 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, Paragraph 9.17, Paragraph 9.20, Paragraph 9.21 and Paragraph 9.22 i 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. Page 13 of 39 Packet Pg.491 C.15.a 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT and COUNTY 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. CONSULTANT and COUNTY 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 E 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, 0 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, Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code U 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 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment i Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: i 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. Page 14 of 39 Packet Pg.492 C.15.a 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 M compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other E 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 t0 with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising said labor union or workers' representative of the consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. c) 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance i with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination M clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the consultant 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 Page 15 of 39 Packet Pg.493 C.15.a 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 the 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. 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 t0 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. U 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the Ui former County officer or employee. 9.21 NO SOLICITATION/PAYMENT i 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. Page 16 of 39 Packet Pg.494 C.15.a 9.22 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 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 reasonable E 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 t0 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. 0 The Contractor is encouraged to consult with its advisors about Florida Public Records c) 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. (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. U'i (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 MI 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 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 Page 17 of 39 Packet Pg.495 C.15.a 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 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. 0 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 0 PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIANO-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. U 9.23 NON-WAIVER OF IMMUNITY U) U) Notwithstanding the provisions of Section 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. i 0 9.24 PRIVILEGES AND IMMUNITIES i 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 2, 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. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES 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 Page 18 of 39 Packet Pg.496 C.15.a 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. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. 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. 9.27 NON-RELIANCE BY NON-PARTIES 0 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 E 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. 0 9.28 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, Non-Collusion Statement and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT c) 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 year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY U) i 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 i liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 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. Page 19 of 39 Packet Pg.497 C.15.a 9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBEs, 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 E Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS c� 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 0 c, 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: t0 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, 0- 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; i 5. Using the services and assistance, as appropriate, of such organizations as 0 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. 9.32 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the E CONSULTANT and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants 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 work authorization status of all new employees hired by the Page 20 of 39 Packet Pg.498 C.15.a subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 9.33 FEDERAL CONTRACT REQUIREMENTS c� 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 I I to 2 C.F.R Part 200, as amended, including but not limited to: 0 9.33.1 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251- 1387) and will report violations to FEMA/Federal Agency and the appropriate 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. The consultant agrees to include these requirements in each subcontract exceeding $150,000 t0 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Consultant agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. U 9.33.2 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. §§3141-3144, 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 i 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 current prevailing wage determination issued by the Department of Labor in each solicitation. The i 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, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part Page 21 of 39 Packet Pg.499 C.15.a 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. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. 0 (2) 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. (3) 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 Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act 0 U during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. U, U) 9.33.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 Ui CONSULTANT 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 ,i 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. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such Page 22 of 39 Packet Pg. 500 C.15.a workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the CONSULTANT and any subconsultant responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subconsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including 0 watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subconsultant under any such U contract or any other Federal contract with the same CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant for 0 unpaid wages and liquidated damages as provided in the clause set forth in W paragraph (b)(2) of this section. (4) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The CONSULTANT shall be responsible for compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (1) through (4) of this section. 9.33.4 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 0 organization regarding the substitution of parties, assignment or performance of i 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 implementing regulations issued by the awarding agency. 9.33.5 Debarment and Suspension (Executive Orders 12549 and 12689).A contract award under a "covered transaction" (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 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions Page 23 of 39 Packet Pg. 501 C.15.a 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. SAM exclusions can be accessed at ,,,,,,,,,,,,,,,,,,W,, irn.,,, q,y. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 E C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. c� 9.33.613yrd Anti-Lobbying Amendment (31 � U.S.C. 1352). CONSULTANTS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the t0 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 U funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.33.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended 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 i 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 i 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. 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 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Page 24 of 39 Packet Pg. 502 Information about this requirement, along with the list of EPA-designated bemo, is available at EPA'o Comprehensive Procurement Guidelines vveboiba. The Contractor also agrees to comply with all other applicable requirements of Section 0OO2of the Solid Waste Disposal Act. 9.33.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � . Recipients and oubreoipiento and their contractors and subcontractors may not obligate or expend any federal funds to (1) Prooure or obtain; (2) Extend or renew a contract to procure or obtain; or Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that use covered zc telecommunications equipment or services as a substantial or essential component ofany m� oyotenn, or as critical technology as part of any system. As described in Public Law 115- 232. section 889, covered telecommunications equipment io telecommunications equipment produced by Huavvei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such enddeo\. � (i) For the purpose of public oafeb/, security of government facilities, physical security surveillance of critical infraotruoture, and other national security purpooeo, video surveillance and telecommunications equipment produced by H\�ena Communications 0 ' U Corponadon, Hangzhou Hikvioion Digital Technology Company. or Dahua Technology Company (or any subsidiary or affiliate of such enddeo\. (ii) Telecommunications or video surveillance services provided by such entities or using ' such equipment. o (iii) Te|eoommunioadono or video surveillanceWequipmen�or services produced or provided byan entity that the Secretary of Defense, in consultation with the Director ofthe National Intelligence or the Director of the Federal Bureau of |nveodgadon, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of covered foreign country. 9.33.9 he COUNTY and CONTRACTOR ohou|d, to the great extent praotioab|e, provide a preference for the purohaoe, aoquioidon, or use of goods, produoto, or materials produced in the United States (including but not |innihyd to iron, a|unninunn, ohye|, oennent, and other U)| manufactured products). These requirements of this section must be included in all oubavvando including contracts and purchase orders for work or products under federal 0 award. For purposes of this section: M| /1\ "Produced in the United States" meano, for iron and steel produoto, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 0� /2\ "Manufactured products" means items and construction materials composed in whole or in part ofnon-ferrous metals such as aluminum; p|aodoo and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.Other Federal and FEMA Requirements � (as applicable) 9.33.10 . The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal Page 25of39 C.15.a government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.33.11The CONSULTANT 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 CONSULTANT during the term of the Contract and shall expressly require any subconsultants 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 subconsultant during the Contract term. 0 9.33.12 Program Fraud and False or Fraudulent Statements or Related Acts. The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. 9.33.13 Access to Records. Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or t0 complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the U appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.33.14 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.33.15 DHS Seal, Logo, and Flags. The CONSULTANT shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Consultant shall include this i provision in any subcontracts. 9.33.16 Compliance with Federal Law, Regulations, and Executive Orders. This is an i acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.33.17 Changes to Contract. The CONSULTANT understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONSULTANT. 9.34 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the CONSULTANT will be bound by the terms and conditions of the Federally- Page 26 of 39 Packet Pg. 504 C.15.a Funded Sub-award and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: h 1/www.monroecounty l.goy/f rr�a r tp reerne A 9.35 The CONSULTANT shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. c� 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. 0 (SEAL) BOARD OF COUNTY COMMISSIONERS E Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairperson 0 Date: Date: U MONROE COUNTY ATrORNEYS OFFICE APPROVED AS TO FORM ° k U COUNTYAITO tey ?ATE: (Seal) CONSULTANT/Aritect, Attest: ,f William P. Hor P.A. � ( a� Signature: . Signature: Ui Name: L_i { Name: tA. E 0 Title: >) d31 } L) Gr Title:e i Date: Date: E a� c� Page 27 of 39 Packet Pg. 505 C.15.a ATTACHMENT A Consultant Scope of Services 1.01 DESCRIPTION The Respondent awarded a contract shall provide Architectural and/or Engineering Services for Monroe County. The contract will provide for the planning, design, contract documents, project administration and coordination. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, E recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and onsite inspections during construction, processing of shop drawings, recommending approval of contractor invoices, and preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do not exceed Four Million Dollars ($4,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Five Hundred Thousand Dollars ($500,000.00). t0 SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 0 2.1 DEFINITION U 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and i materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished i per Article 4.4. 0 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engineer shall review with the Owner proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment, and method of Project delivery. Page 28 of 39 Packet Pg. 506 C.15.a 2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. c� 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and information. 0 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, an estimate of anticipated cost in accordance with the schematic E designs, and other documents for the Owner's approval and information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. c� 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 0 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of conceptual site and building plans, preliminary sections and elevations and development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service c) is performed by additional consultants after the Owner's written approval. The Architect/Engineer shall perform the following design phase tasks: U) U) a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase i consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source(s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, i special mechanical systems, process systems, and general space requirements. 0 C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utility work, fire protection systems, drainage systems, sewage treatment, and paving. Page 29 of 39 Packet Pg. 507 C.15.a 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 0 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owner's review and information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the t0 design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. U 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed. Usi b. Structural grid or system. C. Major mechanical/electrical systems determined, and their requirements reflected and indicated on plans. i d. Building's core (elevators, stairs, etc.) indicated. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. i. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner") c� j. Larger scale (e.g., '/4"). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). Page 30 of 39 Packet Pg. 508 C.15.a 2.5.2 General Elevations a. Total full-height facades including roof structures. b. All fenestrations. C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) properly selected by adequate technical investigation. 0 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation"type. Detail Wall Sections - Largest scale (e.g., 3/4"). Dominate full-height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b. Typical wall construction. C. Back-up structure, abutting floor systems. c0 d. Window location and insulation methods. e. Flashing, masonry coursings. ,E f. Mechanical penetrations impact (furring, etc.). g. Parapet design. U 2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types-egress, public, exterior(including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, i display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced i to, floor and reflected ceiling plans. Indicate: 0 a. Breaks. b. Level changes. C. Pertinent vertical dimensions. E 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves, furrings. C. Skylight locations. d. Ceiling materials. Page 31 of 39 Packet Pg. 509 C.15.a e. Acoustic treatments. f. Heating and ventilating register, diffuser locations. g. Sprinklers. h. Access panels. 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. c� a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows/glazing. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. c� 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural/engineering drawings. b. Typical floor framing plans, including sizing of beam drops, slab openings, c) thicknesses, and depressions. C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other. d. Non-typical framing scheme where required: lobby, floors at grade, and other. e. All column points established. f. Final column schedule. g. Preliminary details and sections to adequately indicate structural system. h. Preliminary details of major unique conditions that impact on scheme (as determined by the Architect/Engineer). i. Details indicating accommodation with mechanical/electrical at areas of major i interface. 0 j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of M construction cost. E 0 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, major items of equipment, their space requirements and interface requirements E with other systems indicated. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam. C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approval obtained from local utility company), (3) Switchgear, emergency generator, water Page 32 of 39 Packet Pg. 510 C.15.a storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer). f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans. c0 d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points. e. Indicate areaways, vaults, access to sub-grade spaces. f. Preliminary site and exterior building lighting scheme with identification of fixture types. U g. Parking area defined with preliminary plotting. h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials (indication and preliminary schedule). j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. k. Design development specifications. I. Any necessary adjustments to the preliminary estimate of construction cost. 2.5.13 Other Consultants' Design Development Sets U) i As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the i Project. 0 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the E Architect/Engineer shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's review. Page 33 of 39 Packet Pg. 511 C.15.a 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's approval. Once approved, the Architect/Engineer shall provide the Owner with one (1) signed and sealed digital/electronic copy of the construction drawings and technical specifications via email and/or flash drive and two (2) hard copy sets of the construction drawings. Architect/Engineer shall also provide signed and sealed construction drawings and technical specifications for all applicable permitting agencies as needed. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to: technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner in the preparation of the necessary bidding E information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the t0 Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. c, 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 0 2.7.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Owner, shall respond to questions from bidders, and shall issue addenda. U) i 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. M 2.8 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT E 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. Page 34 of 39 Packet Pg. 512 C.15.a 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect/Engineer or Monroe County Project Management Department. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater E value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its t0 informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 0 2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a c) minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Architect/Engineer shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and Ui evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has i made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Page 35 of 39 Packet Pg. 513 C.15.a 2.8.8 The Architect/Engineer shall have authority, after notification to the Owner to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed, or completed. c� 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the E Owner's own forces, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of t0 construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the U performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 0 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer shall take appropriate action within 7 calendar days. i 0 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. i 2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical, and electrical engineering portions of the work. The Architect/Engineer shall forward to the Monroe County Project Management Department warranties and similar submittals required by the Contract Documents which have been received Page 36 of 39 Packet Pg. 514 C.15.a from the Contractor. The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. c� 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all E claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the t0 Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. U 2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The Architect/Engineer shall not have control over or be in charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract i documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. M 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. Page 37 of 39 Packet Pg. 515 C.15.a 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. 0 c� 0 U ,E 0 U U) U) 0 U) i 0 i E E c� Page 38 of 39 Packet Pg. 516 C.15.a ATTACHMENT B Consultant's Hourly Rates William P. Horn Architect, PA Principal $250.00/hour Architect $175.00/hour Intern Architect $150.00/hour Draftsperson $95.00/hour 0 Perez Engineering & Development, Inc. — Civil Engineering Principal $220.00/hour Senior Engineer $170.00/hour Project Engineer $13 5.00/hour Design Engineer $110.00/hour CAD Designer $90.00/hour c� Innovative Engineering Group, Inc. —MEP Engineering Engineer $200.00/hour U Draftsperson $80.00/hour Keister Webb Structural Engineers, LLC Principal $225.00/hour U Senior Engineer $190.00/hour Project Engineer $165.00/hour Engineer $15 5.00/hour CadBim Technician $120.00/hour Administrative $80.00/hour 0 Trepanier& Associates, Inc. —Planning Principal $400.00/hour Senior Associate $225.00/hour U, Associate $185.00/hour Planning Tech $125.00/hour X Technical/Clerical $90.00/hour i Landwise Design, Inc. —Landscape Architect E Landscape Architect $275.00/hour 2 Landscape Designer $200.00/hour Draftsperson $150.00/hour Clerical $75.00/hour c� Trifecta Construction— Sustainability Consultant Principal $250.00/hour Senior Associate $175.00/hour Office $75.00/hour Page 39 of 39 Packet Pg. 517 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES SECTION FOUR: COUNTY FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS clo PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-2113 1100 SIMONTON STREET 0 KEY WEST, FLORIDA 33040 1� E I acknowledge receipt of Addenda No.(s) I have included-. * The Submission Response Form * Lobbying and Conflict of In 4- rest Clause V/ * Non-Collusion Affidavit * Drug Free Workplace Form! U * Public Entity Crime Statement_%/ * Vendor Certification Regarding Scrutinized Companies Lists * Certification Regarding Debarment, Suspension, Ineligibility, and Vol tart' Exclusionv * Appendix A, 44 C.F.R. Part 18— Certification Regarding Lob ying 0 * Respondent's Insurance and Indemnification Stater U W * Insurance Agent's Statement (signed'! by agent) U) U) In, addition, I have included a current copy of the following professional and occupational licenses: I.T 0 96-4fe (Check mark items ab,ove,as a reminder that they are included.) X i Mailing Address: Telephone: U) E 0 Fax: LL Date: 0 U Witnes zi Signed: E tZ. ce Meflnda M NWARE PUSUG.STATE OF FLORIDA < (Name) orb'ca&Ajc j(,)N F.Yfoffil',DECEMBER 5,2=22 c0M NIISS10t No C',,G'964 1 910 (Title) Page 5,0 cif 63 1 Packet Pg. 518 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES LOBBYING AND CONFLICT OF INTEREST CLAU''S,E SWORN STATEMENT UNDER ORDINANCE NO. 010.1990, MONROE COUNTY, FLORIDA ETHCS CLAUSE 'AAA) "&WUrAl < (Company) 41 0 E ... warrants that he/it has not employed, retained or otherwise had act on his/its 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. 010-19901. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or oth rw,ise recover, the full amount of any fee, commission, percentage, gift, or consideration pai 'to the former County officer or employee". 0 U (Signatub��' 0 U Date: W U) U) STATE OF: 1� 0 COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of Vphysic6l presence or 0 online notarization, on ------ Zo L2" (date) U) E 0 U- by 0.-" (name of afflant). He/She is personally known to me or has produced FL- Z)L. of id fion) as identificationi.ty e 0 U Melinda Rica I;rOTARY ICI BLIC E NOTARY PUBUC-STATE 01F FLORIDA My XMIASSION EYMMS DFCEMRM,5,,W WNSSION No,Go"4910 My commission expires: ............. Page,51 of 63 1 Packet Pg. 519 ——-------- C.15.b PROFESSIONAL AL ARCHITECTURAL AND ENGINEERING JEERING ERVIICE NIICIN-COLLUSION AFFIDAVIT 1'.. el OgW of the city:.. according to law on my oath„ and under penalty of perjury, depose and say that: Im of the firm ofA, bo&j A"AtAff-, A A the proposer making the Proposal for the project described in the no ice for calling for proposals or: PAP 0 and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at Independently without collusion,consultation, E communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly dlisclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening„ directly or Indirectly, to any other proposer or to any competitory and o U . No attempt has been made or will be made by the proposer to induce any other person, E partnership or core anon to submit, or not to submit, a proposal for the purpose of restricting competition; and 0 b. The stateme contained in this affidavit are true and correct, and ma a th full knowledge U of said pro' ct. (Signs ure of Proposer) (Date 0 STATE 3F: j 0 COUNTY OF ea-L M Subscribed and sworn to (or affirmed) before me, by means of physical presence or i:::l online notarization, on (date) 0 by t4 (name of affiant). He/She is personally known to me or has produced ( p of id ` ication) as identification. U NOTARY PUBLIC M Melinda Bice z i aokt ustI s`r OF '�.es�o (DE y commission expires: s 2022 or o Page 52 of 63 Packet Pg. 520 C.15.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES DRUG-FREE WORKPLACE FORD The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:.. Lwl (Name of Business) 01 I. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabillitation, and employee assistance programs„ and the penalties that may be imposed upon employees for drug abuse 0 violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under E proposal a copy of the statement specified in subsection (1'), 4. In the statement specified in subsection (1), notifies the employees that,. as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo 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. o U 5. Imposes 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, or any employee who is so convicted. 0 6. Makes a good faith effort to continue to maintain a drug-free workplace th oug,h implementation of this U section. As the person authorized to sign the statement, I certify that this complies fully with the above requirements. g 0 ' U) roposer's o na ire 0 { .xyw 0 fte STATE OF: lox U)� COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of Whysical presence or El online notarization, o one. ' . to by 0 e �' ..._ �� ('name of afflant). He/,She is t3 personally known to me or has produced (type of identification)as identification. c� TARY PUBLIC f p (SEAL) ommission expires: k Z11 11 epintta P!� F�' M Y Puss o sr o roFODA UL Packet Pg. 521 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list foIIowing 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 pullbliic building or public work, may not submit bids on leases of real property to public entity, may not be 2- 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 0 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 fist." a: E I have read the above and late that neither &&Wlm eo"JAM2 (Proposer's name) nor q y Affiliate has been, placed on the convicted vendor list within the last thirty-six (36) months (Signature) U Date: 0 U W STATE OF: COUNTY OF: .2 U) U) Subscribed and sworn to (or affirmed)before me, by means of V'physical presence or 0 online 1� 0 notarization, on hk6t-y (date) 0 by 0,0 r m (name of affiant). He/She is, personally known 06 1 tome or has produced Y,P ofideni i fion) as identification, U) E L_ 0 MeH'v""'Ja -!Ole 4e7ARY PUBLIC NOTARY PUSLJO-STATEOF FLORIDA 0 fMy commission expires. U MISSM NO,GG 964910 E Page 54 of 63, 1 Packet Pg. 522 ............ C.15.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: 3 5 _ / � ed Representative Name and Title, � I w � Vendor's Authorized p _ � Address: City: State: Z iP: Phone Number Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering 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 services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan Last or the Scrutinized Companies with .Activities in the Iran petroleum Energy Sector Lists which were created pursuant to s.215.47 , Florida Statutes„or is engaged in business operations in Cuba or Syria. U 0 As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above E 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 U Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. understand that pursuant to Section 257.135, 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 g County may be terminated, at the option of the County, if the company is found to have submitted a false U) 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 Enemy Sector List or been engaged' in business operations in Cuba or Syria. 0 i U)Certified By: who is authorized to E sign on behalf of the above refe raced company. 0 Authorized Signature: V6 711- Print Name: o U Title: Note: The List are available at the following Department of Management Services Site: c� L�t :.// j is.Ly lon daxornl ai.isnn s wp r@ i rl lsj tg a i owLii akin\" g,ndor Minfc)r,ii7itiondcoanvw cte �a is1 c,,renTa d d Adascriru iia atoryL�,ci ti,,) airits v rirdgf lists Page;55 of 63 Packet Pg. 523 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES Certification Regarding Debarment,Suspension, Ineligibility I And'Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient,uam certifies,by submission of this document,that neither it nor its principals is presently debarred, suspended, proposed for 0 debarment, declared!ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. E (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach,an explanation to this form. CONTRACT'R., 0 U Siqriature Recipient's Name eviWAAIA 0&1 0 Name and Title Division Contract Number U w Street Address FEMA Project Number A�14 City, State,Zp U) I.T 0 Date 0 M 06 1 U) E 0 U- 0 L) E Page 56 of 63 1 Packet Pg. 524 ............ ........... .................... ........ ............ PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES APPENDIX A, 44 C.E.R. PART 18 —CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for 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 an 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 cooperative 0 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, a: E 2. If any funds other than Federal appropriated 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 Form to Report Lobbying," in accordance with its instructions,, 0 U 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and,that all subrecipients shall certify and disclose accordingly. This certification is a material 0 representation of fact upon which reliance was placed when this transaction was made or U W 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 $100,0010 for each such failure. U) MI.T The Contractor, Pow A, certifies or a; irms the truthfulness and accuracy 0 of each statement of its certification and disclosure, if any. In addition, 0 the Contractor understa ds and agrees that the provisions of 31 U.S.C. Chap,. 38, Administrative Contractor s for False Claims and Statements, apply to this certification and disclosure, if any. U) E 0 0 Signature of Contractor's Authorized Official U E &411�"dem Name and Title of Contractor's Authorized Official Date Pzge 57 of 63 Packet Pg. 525 .......... PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES DISC'LOSURE Of LOBBYING ACTRITIES FC)Fll TaD IS CLO I Zl0B3YZNG'CMT=, ,,FTMz,UlU4T TO K USA-',, 233�2 1, Type,of Federal Act our2 �,htuz of Federal Acfiou� 1, Revort.T�.,-pe,: laffer'appl�'xtiam a- M' �ml a cotftact. FIR.,bl H b gjaw b md 7 Nwazd b maceria.]chappe, C. Coop"ElyrIv7p 29TUMEW. c. W"l-gymwxd d om For Materiall clump Omly a. bDan g7.imanlee vem— quarter . f �Oaninsurance 61je of I'l-it 12part cm 4. Name and Address of R"artimg Efft#y 5- If Reporting Enfity in No.4 is S v uibaardff, Email Nam*audl Iddress of Prime: F❑pticle 1 F1 Der if known 0 CmugTe'SuGual Dlistrict,'Z known Coagressionall Dis.t.nict,if hnown E 6, Federal DepartmatAgency: Federal Preg,72M.N232EjDeSulpbau: CFD, .Nu.mbeir,ZapplJcable g, Federal Ardiam Number,if kmcwu: 9d Award Am; uad�,if hown: 0 10. a. Name amd Iddress of Loblyr Entity b, luldhid4ah Perf"Ormimg Ser-Olves ('kcluffing U (:f individ'da:'lu'l Manat,fin't name',MIZ ad,&,ess ift1terem from.No. I Ch) CA".E unale,5z'St BaMIE,ml� 0 u (arlach Collho'latiam Shee"7(�') W 11. Amnouiitaf Paquapst(chiK IL all that app�ly), 13. TV F—I P, 0 F a, 1'emmer Ej b. one-time EH! 12. Formof Payment(Cbjeck all that apply): C CoLmdsAxyu U) F1 a, cash d. cmt-ingent E�e I.T 0 F-1 b in-hind., Spec it name, e dened L f, other,specift 14. 0 employ*ij,.,ar member�s)camlart.M,for Pxymemt hdicaded!izi Idem 11: M U) E (Atladl Continuation Sheet(i)�tf O'ecessary) 0 15. Coutinuatimm Slpel(s)attached- Yu El No El U- 16. I'M S=ban rl;q):a I'td&Z'Onf�?his&M, in arm L mrad by Sipatua:� 0 rRLimca w3s,pbrad hy thA�,;,r Aavzowhan hi's tmm act eu. U mm's=ad,&w arflumd.Lmodis, Tlizi,&iclas=v is rl;,qT=4,d. Print Nrima' rl;F".-Nd t-a CCIUFII;,I,L NamiamuaEiix�Lmd will bo rmilabla br pubhz lopw.dan. Any pgzliom Doak fauji te EIG t1s, E L'v-LDvM'au.b'4'mbj'pct.to z'chil pwmbtf'rfm at 1 I,larm Mh.7rll;thm UY)"COHMm"I 1-0:1 fiji-an TeLephone No. Daze: M Adhwized for Lac&I,Repraductou FeAexSul Use,Only. S'land,2zal Form.- 2-6c PAIR7 2�COIJIN7Y Page 58 of 63 1 Packet Pg. 526 C.15.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. a� U 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2- 2. Identifythe status ofthe covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information 0 X previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code ofthe reporting entity. Include Congressional District if known. Checkthe appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier ofthe subawardee,e.g.,the first subawardee ofthe prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. e� 5. Ifthe organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code ofthe prime Federal recipient. Include Congressional District,if known. 'tl a.� 0 6. Enter the name ofthe Federal agency making the award or loan commitment. Include at least one organization level below U agency name,if known. For example,Department of Transportation,United States Coast Guard. L35 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 0 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Requestfor U Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the W application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of 0 the award/loan commitments for the prime entity identified in item 4 or 5. U) � 10. (a)Enter the full name,address,city,state,and zip code ofthe lobbying entity engaged by the reporting entity identified in item 4 to 0 influenced the covered Federal action. CL (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial(MI). 0 X 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. Ifthis is a material change report,enter the cumulative amount of payment made or planned to be made. t) E L_ 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and LL 0 value ofthe in-kind payment. a.+ 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 0 U 14. Provide a specific and detailed description ofthe services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the q�p Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. U 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90aENDIF» Page 59 of 63 Packet Pg. 527 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES Respondent's Insurance and Indemnification Statement Insurance R2_quirement Regluired Limits Worker's Compensation Statutory Limits Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease, policy limits $,1,000,000 Disease, each employee 2- General Liability, including $1,,000,000 Combined Single Limit 0 Premises Operation M Products and Completed Operations a: Blanket Contractual Liability E Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned and hired vehicles) If split limits are preferred: $200,000 Per Person 0 $300,000 Per Occurrence U $200,000 Property Damage Professional Liability $1,000,000 per Occurrence $2,,000,000 Aggregate 0 U W Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold U) the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and U) against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, I.T 0 appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (Nil) any costs or expenses that may be asserted against, initiated with respect to, or sustained by,any indemnified party by reason of, or in connection 0 with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees M during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful 06 1 misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, U) E sub-contractors or other invitees, or(C) Contractoes default in respect of any of the obligations that 0 it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes,of U_ action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than 0 Contractor). The monetary limitation of liability under this contract shall be not less than $1 million U per occurrence pursuant to Fla. Stat. Sec. 725,.06. Insofar as the claims, actions,, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the E term of thin Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against the C01UNTY by virtue of any deficiency or ambiguity in the plans Page 60 of 63 Packet Pg. 528 ............ PROFESSIONAL ARCHITECTURAL AND ENGINEERING, SERVICES and specifications provided by the, Contractor, the Contractor agrees and warrants that the Contractor 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 Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, 0 RESPONDENT'S STATEMENT a: E I understand the insurance that will be mandatory if awarded e contract and will comply in full with all of the requirements herein. I fully accept the indemnificat' 'hand hold harmless and duty to defend as set out in this proposal. 191111 L-� Respondent Sign eLW- 0 U 0 U W U) U) I.T 0 0 X 06 1 U) E 0 U- 0 U E Page 61 of 63 Packet Pg. 529 .............. PROFESSIONAL ARCHITECTURAL AND ENGI NEER SE ING RVICES ............. I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding,policy, POLICY DEDUCTIBLES (0yr) TII-Ll �, E Liability policies are occurrence Claims Made U Insurance Agency Signature Print Name: �Aew-' 0 U W U) U) I.T 0 0 U) E 0 U- 0 U E Page 62 of 63 Packet Pg. 530 ....................