Item C18 C.18
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.18
Agenda Item Summary #11567
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 McFarland-Johnson, Inc., 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.
McFarland-Johnson, Inc. was tied for 3rd highest ranked respondent. Staff seeks approval of the
Agreement with McFarland-Johnson, Inc.
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:
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C.18
Agreement McFarlandJohnson_MJ signed
County Forms_McFarlandJohnson
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 12/28/2022 3:50 PM
Kevin Wilson Completed 12/28/2022 5:04 PM
Joseph DiNovo Skipped 12/28/2022 5:03 PM
Patricia Eables Completed 12/29/2022 12:47 PM
Purchasing Completed 12/29/2022 1:24 PM
Budget and Finance Completed 01/03/2023 9:20 AM
Brian Bradley Completed 01/03/2023 10:34 AM
Lindsey Ballard Completed 01/03/2023 12:52 PM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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C.18.a
AGREEMENT FOR
Professional Architectural and Engineering Services
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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
McFarland-Johnson, Inc., a Corporation of the State of New York, authorized to do
business in the State of Florida, whose address is 4651 Sheridan Street, Suite 300B, Hollywood,
Florida 33021, its successors and assigns, hereinafter referred to as "CONSULTANT", U
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for t0
various County Projects located in Monroe County, Florida; and
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 g
activity if the fee for professional services for each individual study under the contract does not
exceed $500,000.00. 0
The professional services required by this Contract will be for services in the form of a continuing
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. U)
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, 0
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. _
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The terms and conditions of this Agreement shall apply to each Task Order, except to the extent 1
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.
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:
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ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
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By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY: 0
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. c�
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but
not limited to, all contract plans and specifications, in such a manner that they shall be c)
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.
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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, U)
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 0
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this Agreement, the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for c-
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.
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ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION 0
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.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its t0
subconsultants, or both.
2.3 NOTICE REQUIREMENT
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:
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Mr. Cary Knight.
Director of Project Management
Monroe County
1100 Simonton Street Rm 2-216
Key West, FL 33040
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And: Mr. Roman Gastesi
Monroe County Administrator 0�
1100 Simonton Street, Room 2-205
Key West, Florida 33040
And: Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040 c,
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For the Consultant:
John Mafera, Vice President
McFarland-Johnson, Inc.
4651 Sheridan Street, Suite 300B
Hollywood, Florida 33021
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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.
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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.
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 c�
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 0
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COUNTY'S RESPONSIBILITIES
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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 U,
unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services. 0-
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to Paragraph 2.3.
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4.4 The COUNTY shall furnish the required information and services and shall render U)
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents c_
are generally consistent with the COUNTY's criteria, as, and if, modified. No review of i
such documents shall relieve the CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY
has immediate access will be provided as requested.
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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. c�
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
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 U
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 .
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
requirements contained elsewhere within the Agreement.
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5.5 This indemnification shall survive the expiration or early termination of the Agreement.
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5.6 FDEM Indemnification 0
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To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold
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
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the CONSULTANT and persons c-
employed or utilized by the CONSULTANT in the performance of this Contract.
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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.
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ARTICLE VI
PERSONNEL
6.1 PERSONNEL 0
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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
John Mafera Principal In Charge
Edil Pena, PE Project Manager
Rafael Jimenez, PE, SE, SE Sr. Structural Engineer
Caique Martins, PE Engineer 0
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Edgardo Martinez, PE Sr. Electrical Engineer
Michael Martin Sr. Mechanical Engineer
David Rosa Environmental/Permitting
So long as the individuals named above remain actively employed or retained by the U
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the U)
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. 0l
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act (Section 218.70, Florida Statutes). c,
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(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
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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.
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.
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7.4 BUDGET
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7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners. U
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the 0
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
A: 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:
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.
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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
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or _
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single
Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a 0
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.
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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,
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. i
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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 0
by COUNTY during the term of this Agreement. COUNTY will not pay for increased
limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The ,i
COUNTY reserves the right to require a certified copy of such policies upon request.
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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 0
financial statements from the fund upon request from the COUNTY.
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ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS 0
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
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
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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
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
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD-PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or U)
any rights in favor of, any third party.
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9.5 TERMINATION
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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
service, the COUNTY shall have the right to terminate this Agreement after five (5)
days' written notification to the CONSULTANT. i
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,
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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
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 0
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
for breach of contract and including the right to pursue a claim for violation of the c)
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines
that the CONSULTANT has submitted a false certification under Section 287.135(5),
Florida 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. i
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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 0
Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with
Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or
Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has
given the CONSULTANT written notice and an opportunity to demonstrate the ,i
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
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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
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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, U-
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
from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this 0
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.
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In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a"public entity crime" regardless
of the amount of money involved or whether CONSULTANT has been placed on the
convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
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9.8 MAINTENANCE OF RECORDS
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CONSULTANT shall maintain all books, records, and documents directly pertinent to 0
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
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 ,i
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
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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
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, 0
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
of records, assets, and activities relating to this Project. If any auditor employed by the U
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
audit provisions survive the termination or expiration of this Agreement.
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9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the i
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 0
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.
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9.10 SEVERABILITY i
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.
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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 _
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The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY t0
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
to submit this Contract to legal counsel of its choice and enters into this agreement freely, c)
voluntarily and with advice of counsel.
9.14 CLAIMS FOR FEDERAL OR STATE AID
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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.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
i
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, 0
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
concerning termination or cancellation.
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9.16 COOPERATION
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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 0
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.
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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
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 0
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI I I of the Civil U
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
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., i
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 0
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender ,i
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.
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2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the consultant, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
3) The CONSULTANT will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall _
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, 0
including an investigation conducted by the employer, or is consistent with the
consultant's legal duty to furnish information.
4) The CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or c)
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.
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, i
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 0
with such rules, regulations, and orders.
7) In the event of the CONSULTANT's non-compliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the ,i
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
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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. 0
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9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as c)
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.
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 i
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 a
former County officer or employee.
9.21 NO SOLICITATION/PAYMENT
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The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed i
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. '
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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
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 0
conjunction with this contract and related to contract performance. The COUNTY shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to c)
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
0
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 i
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. 0
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public ,i
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 inspector copy public records relating to a COUNTY contract must be
made directly to the COUNTY, but if the COUNTY does not possess the requested
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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. _
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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 U
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 "
BRADLEY-BRIAN(&-MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY
WEST, FL 33040. In
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9.23 NON-WAIVER OF IMMUNITY
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 i
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability 0
coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
9.24 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which i
apply to the activity of officers, agents, or employees of any public agents or employees
of the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
9.25 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
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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.
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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 _
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No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that 0
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.
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9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION c)
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
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. i
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9.29 NO PERSONAL LIABILITY
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No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement. ,i
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.
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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
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, t0
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONSULTANT with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the 0
CONSULTANT shall take the following affirmative steps to assure that minority c)
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include: g
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises; i
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; 0
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce. -
6. Requiring the Prime consultant, if subconsultant's are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
9.32 E-VERIFY SYSTEM.
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
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 E
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
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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.
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9.33 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract provisions and Appendix I I to 2 C.F.R Part 200, as
amended, including but not limited to: _
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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 0
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
financed in whole or in part with Federal assistance provided by FEMA/Federal agency. U
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)
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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 i
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 0
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
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 ,i
the Federal awarding agency.
0
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
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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. 0
(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. _
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(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. U
(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. t0
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 g
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, 0-
to a representative of a Federal or State agency in charge at the site of the building or
work.
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 i
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
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
half times the basic rate of pay for all hours worked in excess of forty (40) hours in the c,
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and i
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
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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
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. 0
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(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 t0
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
unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section. �
0
(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 i
this section.
U)
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
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the _
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any 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
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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,, illl g 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
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 0
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transactions.
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 0
tier above that it will not and has not used Federal appropriated funds to pay any person or U
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the 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 i
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 0
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA ,i
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 E
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
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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 oubneoipiento 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 u-
orrenevvaoontraoUtoprooureorobtainequipment. oervioeo. oroyotemothatuoeoovered
telecommunications equipment or services as a substantial or essential component of any
�
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 Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such enddeo\. 0
(i) For the purpose of public oafeh/, security of government faoi|ideo, physical security
surveillance of critical infraotructure, and other national security purpooeo, video
surveillance and telecommunications equipment produced by Hytena Communications
Corponadon, Hangzhou Hikvioion Digital Technology Company. or Dahua Technology U
Company (or any subsidiary or affiliate of such endd Weo\�
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Te|eoommunioadono or video surveillance equipment 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 |nveodgation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
ofa covered foreign country. .0
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9.33.9 he COUNTY -»
|
and CONTRACTOR ohou|d, to the great extent pnactioab|e, provide a preference for the
purohaoe, aoquioidon, or use of goods, producto, or materials produced in the United
States (including but not limited to inon, a|unninunn, otee|, oennent, and other
manufactured products). These requirements of this section must be included in all
oubawardo including contracts and purchase orders for work or products under federal
award. I::::�oir purposes of this secfion:�
/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.
/2\ ''Manufactured products" means items and construction materials composed in whole 2
or in part ofnon-ferrous metals such as aluminum; p|aodoo and polymer-based products
such ao polyvinyl chloride pipe; aggregates such aoconcrete; g|aoo, 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 25u[39
C.18.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. _
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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 0
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
complaint investigation conducted by DHS; (2) Give DHS access to and the right to U
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
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.
i
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 0
provision in any subcontracts.
9.33.16 Compliance with Federal Law, Regulations, and Executive Orders. This is an
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, ,i
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 E
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-
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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: htt s:l/ .monroecount ®fl.gov/fdemqrantagreement
.35 The CONSULTANT shall held the Division and COUNTY harmless against all claims of 0
whatever nature arising out of the CONSULTANT'S performance of work under this
Agreement, to the extent allowed and required by law.
cs
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.....
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(SEAL) BOARD OF COUNTY COMMISSIONERS
IONERS
Attest: KC VIN MADOK, Clerk OF I' ONROE COUNTY, FLORIDA 0
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By: By:
As Deputy Clerk Mayor/Chairperson
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Date: Date:
MONROE COUNTY ATTOM'MNEY OFF Uy
APPROVED AS TO FORM
!' ,.ry r 0-
-._*816TANT COUNTY ATTORNEY
M $ CRATE; - �5
(Se"'81) CONSULTANT:
MICFARLAND-,J0H SON INC
Su naturIILL�r
q e: �°° / ,f, '"�� Sucdnature.
/ ,Jeffrey R. Wood' �I ,rrMes I . Festa
Dame: NaMMe:
Title: Secretary/Treasurer Title: Chief Executive Officer �
Date: 1 .11 1 Date: 12/19/22
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P aue 27 ol'39
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C.18.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,
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 0
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). 0
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SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
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, i
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 0
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
per Article 4.4.
i
2.2 SCHEMATIC DESIGN PHASE
0
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 0
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.
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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 a
Project components.
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. _
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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
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 0
Architect/Engineer continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
0
2.3.1 The Schematic Design Phase services shall respond to program requirements and consist c)
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
is performed by additional consultants after the Owner's written approval.
0
The Architect/Engineer shall perform the following design phase tasks:
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 i
structural system and alternate structural systems.
U)
b. Mechanical Design/Documentation services during the Schematic Design Phase 0
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,
special mechanical systems, process systems, and general space requirements.
i
C. Electrical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate systems, recommendations regarding E
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.
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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 U)
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. _
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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. 0
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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
design development phase. U
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)
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2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
0
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: i
0
a. Building perimeter (footprint) and exterior wall type, thickness and composition
fixed.
b. Structural grid or system.
C. Major mechanical/electrical systems determined, and their requirements reflected
and indicated on plans.
d. Building's core (elevators, stairs, etc.) indicated.
e. All internal partitions of appropriate thickness indicated. ,i
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 0
is "NIC" and "by owner")
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).
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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. _
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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: 0
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a. Foundation and perimeter treatment.
b. Typical wall construction.
C. Back-up structure, abutting floor systems. 0
d. Window location and insulation methods. U
e. Flashing, masonry coursings.
f. Mechanical penetrations impact (furring, etc.).
g. Parapet design.
U)
U)
2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions.
0
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, i
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, 0
display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced
to, floor and reflected ceiling plans. Indicate:
i
a. Breaks.
b. Level changes. E
0
C. Pertinent vertical dimensions.
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.
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e. Acoustic treatments.
f. Heating and ventilating register, diffuser locations.
g. Sprinklers.
h. Access panels.
0
2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to
floor plans and elevations.
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 0
to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design.
c,
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,
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. i
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 0
interface.
j. Design development specifications.
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
i
2.5.11 Mechanical/Electrical Design Development Set
0
a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style,
major items of equipment, their space requirements and interface requirements 0
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
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C.18.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). U)
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, 0
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. 0
d. Overall preliminary site grading and defined design of external elements, properly U
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.
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. i
0
2.5.13 Other Consultants' Design Development Sets
0
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the
Project.
i
2.6 CONSTRUCTION DOCUMENTS PHASE
0
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 0
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. 649
C.18.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
information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the
Owner and the Contractors.
0
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
Architect/Engineer will conform the construction documents in such manner to receive permits c)
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.
U)
U)
2.7 BIDDING OR NEGOTIATION PHASE
0
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.
U)
2.7.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to bidders i
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.
0
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.
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2.8 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT i
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. 650
C.18.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 a
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
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 0
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
informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment c)
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.
2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a
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. i
0
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 0
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
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 ,i
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. 651
C.18.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 a
Documents, whether or not such Work is fabricated, installed, or completed.
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 U-
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
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 0
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 0
construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's U
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
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.
U)
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change i
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. 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.
c�
2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or retesting of ,i
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. 652
C.18.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 U)
Architect/Engineer's response to such requests shall be made with promptness and within seven
(7) days of receipt of request.
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
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.
0
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 0
Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic U
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.
2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating 9� p 9 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 i
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 0
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.
c�
2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and ,i
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. 653
C.18.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.
0
U)
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. -
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Page 38 of 39
Packet Pg. 654
ATTACHMENT B
Consultant's Hourly Rates
2023 HOURLY BtLLING RATE SCREDULE 0
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Monme County Flot-ida 0
Pi-ofessional Ai-chitectut-al and Engineet-ing Set-vices
McFai-land-Johnson,tric. U_
Officer (P()9— P 10) 290M
Division Director/Regional Division Director (Pt) ) 256.00
Sr. Project Manager/Planner (P07) 24100
oj 0
U
Sr. PrQ'ect Engineer/Planner (P()6) 190.00
j
Pro ect Engineer/Planner (P05) 170.00
0
U
*Senior Engineer/Planner (PO4) 145.00 w
*Assistant Engineer/Planner (P03) 126.00
*Junior Engineer/Planner (P02) 113.00 U)
1�
0
*Junior Engineer/Planner (P01) 100.00
Technician SuperNisor (T05) 145M
Senior Technician (T04) 115.00
*Technician (T03) 100.00
*Assistant Technician (T02, TO 1) 900)
Rcsident Inspector(104) 155.00
U_
*Senior Inspector (103) 130 00
*Inspector(101, 1102) 100.00
E
0
*Support Staff 85.00 2
*Subject to premium oNTertime pay for hours worked in excess of forty per wock.
E
Note: All rates subject to adjustment each calendar year,
Mcf.'arland Johnson
Page 39 of 39
1 Packet Pg. 655
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
SECTION FOUR: COUNTY FORMS
RESPONSE FORM
0
U)
0
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILD'ING�, ROOM 2-213 U-
1100 SIMONTON STREET
KEY WEST, FLORIDA 33 40
I acknowledge receipt of Addenda No,(s)
I have included: 0
U
* The Submission Response Form__X
* Lobbying and Conflict of Interest Clause X
* Non-CO11LISion Affidavit X
(3 Drug Free Workplace Form X 0U
* Public Entity Crime Statement X w
* Vendor Certification Regarding Scrutinized Companies Lists X
* Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion X
* Append'ixA, 44C.F.R. Part 18—Certification Regarding Lobbying X U)
* Respo nd ent's Insurance and Indemnification Statement U)
Insurance Agent's Statement (signed by agent) x 0-
0
U)
a
In addition, I have included a current copy of the following professional and occupational ficenses: a
0
McFarland-Johnson, Inc's FL Dept, of State Authority to do Business Certificate; FL Board of Prof, Engineers
-Certificate; Copies of Relevant employee Florida Professional Engineer Licenses
(Check mark items above, as a reminder that the are included.j
cs
4651 Sheridan Str eet, Suite 300B 305.705A871
Mailing Ad�dress; Telephone: U)
E
Hotlywood, Fl- 33021 0
Fax: 305.705.4903 U-
Dte! 10A/2022
0
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Signecj-
Witness: 4-1
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John L. Mafera (Seal)
cs
(Name)
Vice President
(Title) This remote notarial act involved the use of
communication technology,
Page 50 ol'63
Packet Pg. 656
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-199�O
MONROE COUNTY, FLORIDA
0
U)
ETHICS CLAUSE 0
McFarland-Johnson, Inc
(Company)
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
0
officer or employee in 'violation of Section 3 of Ordinance No. 010-1990. For breach or violation of U
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 former County officer or
employee". 0
U
W
z-(Signature) U)0
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Date: 10/4/2022 I.T
0
0
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STATE OF: New York 0
COUNTY OF: Broome
U-
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or bil online
U)
notarization, on 10/4/2022 (date) E
0
U-
by John L. Mafera (name of affiant). He/She is, personally known
to me or has produced (type of identification) as identification, 0
U
NOTARY PUBLIC E
�SEAL) My cornrnission expires;
——2 LI)b1 -1
This remote notarial act involved the use of
cornInUnication technology.
Nwe 51 A'63
Packet Pg. 657
C.18.b
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
N N- +L3LLU'SION AFFIDAVIT
I„ John L. Mafera of the city Miami
according to law on my oath, and under penalty of perjury, depose and say that. 0
U)
'i. N am Vice President
0
of the firm of
McFarland-Johnson, Inc.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Monroe '-ounty Professional Architectural & Engineering Services Contract
and that I executed the said proposal with full authority to do so;
'. The prices in this proposal have been arrived at independently without collusion, consultation,
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 o
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0
1 Unless otherwise required by law, the prices which have been quoted in this proposal have S
not been Knowingly disciosed 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
competitor; and U
4,, No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit„ or not to submit, a proposal for the purpose of restricting
competition; and g
5. The statements contained in this a idavit are true and correct, and made with full knowledge
of said project. CL
1O�/ to a
4 2 o
(Signature of P" poser) (Date)
0
ATE OF: New York
COUNTY F: Broome
i
Subscribed and sworn to (or affirmed) before me, by means of El physical presence or NA online
notarization, on 10/4/20 . (date) o
by John L. Mafera (name of atfiant). Het he is personally Known
to me or has produced -(type of identification) as identification, U
., ��9 r aa
NOTARY PUBLIC
t �
(SEAL-) My commission expires:
This remote notarial act involved the use of
communication technology.
11a ga:52 o1*63
Packet Pg. 658
C.18.b
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
DRUG-FREE WORKPLACE FORA
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
McFarland-,Johnson, Inc,.
(Name of Business)
U
1. 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.
Z 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 rehabilitation, and employee _
assistance programs„ and the penalties that may be imposed upon employees for drug abuse
violations.
1 Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified on subsection (1),
In the statement specified in subsection (1), notifies the employees that, as a condition of working on 0
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 S
to, any violation of Chapter 898 (FloridaStatutes) 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 9=
conviction. 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
convected �
5. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this
section. 0-
As the person authorized to sign the statement„ I certify that this firm complies fully with the above a
requirements, 0
0
roposer's 6griature
Date
STATE OF:_New York U)i
L_
COUNTY OF: Broome 0
Subscribed and sworn to(or affirrned)before me„ by means of FJ physical presence or l 'confine notarization,
on 1 f11 /2f122 date b John L. lafera t3
( y (name of affiant), He/She is
personally known to me or has produced (type of identification) as
identification,
E
ALt—ol-k) V-,
ca
�` � f�LIC .
(C ��k„L. ;� I' y commission expir'es:��" �"i��
This remote notarial act involved the use:of communication
technology,
l'agc 53 xot`cif
Packet Pg. 659
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
..........
PUBLIC ENTITY CRIME STATEMENT
0
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"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public 0
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be!
awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a U_
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither McFarland-Johnson, Inc.
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 0
thirty-six (36) months. U
0
JS(gnature) U
W
Date: 10/4/2022
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0
STATE OF New York
COUNTY OF: Broome 0
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Subscribed and sworn to (or affirmed) before me, by rneans of 0 physical presence or Xi online 0
notarization, on 10/4/2022
(date)
U_
by John, L. Mafera U
(name of affiant). He/She is personally known
U)
to me or has produced (type of identification) as identification. E
0
U_
NOTARY PUBLIC
0
U
(SEAL) My commission expires:__
E
This remote notarial act involved the use of
communication technology.
11,ige.54 of'63
I Packet Pg. 660
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
VENDOR CERTIFICATION REGARDING, SCRUTINIZED COMPANIES LISTS
Project Descripfion(s): Monroe County Professional Architectural&Engineering Services Contract
Respondent Vendor lame: McFarland-Johnson, Inc, 0
U)
16-0770183
Vendor FEIN. 0
Vendor's Authorized Representative Narne and Title:-John L. Mafera, Vice President
Address: 4651 Sheridan Street, Suite!300B
u_
City: Hollywood State: FL zip: 33021
Phone Number 305,705,4871 Email Address: jmafera@mjinc.com
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
0
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, U
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 List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created 0
pursuant to s. 215,473, Florida Statutes, or is engaged in business,operations in Cuba or Syria. L)
W
As the person authorized to sign on behalf of Respondent,. I hereby certify that the company identified above
in the Section entitled "Respondent Vendor Name" is not fisted on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or rnore is not listed on either the U)
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran U)
0
Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification rnay
subject company to civil penatties, attorney's fees, and/or costs. I further understand that any contract with the 0
U)
County may be terminated, at the option of the County, if the company is, found to have submitted a false
certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott 0
of Israel or placed on the Scrutinized Companies with A nctivities in Sudan List or the Scrutinized Companies 'a
a
with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or
Syria.
u_
John L, Mafera, Vice President U)
Certified' By: who is authorized to E
sign on behalf of the above referenced c 0
a, u_
Authorized Signature:
John L. Mafe 0
Print Narne:. U
Title, Vice President
..
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Note:The List are available at the following Department of Management Services Site:
!)!tp�Y ww ji s.,t W 1"I Ily
ta(e )wql-as /vendor infori-na tic)n/convicted, sLslrpirc
del (tiscroniitiia.[LI(Xl pg]pjajiits vendor lists
Ilave 55 of 63
Packet Pg. 661
C.18.b
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
Certification Regarding
Debarment, Suspension, Ineligibility �
And Voluntary Exclusion
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Contractor Covered Transactions
(1) The prospective contractor of the Recipient, McFarland-Johnson,Inc certifies, by submissionLLof this document, that neither it nor its principals is presently debarred, suspended, proposed for o
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective y
contractor shall attach an explanation to this form.
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CONTRACTOR: S
McFarland-Johnson, Inc.
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McFarland Johnson,Inc
Sig Recipient's Name
Jolts L. Mafera,Vice President
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Name and Title Division Contract Number �
4651 Sheridan Street, Suite 300B
Street Address FEMA Project Number CL
Hollywood, FL 33021
City, State, Zip
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10/4/2022
Date
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Page 56 of 63
Packet Pg. 662
C.18.b
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
APPENDIX A. 44 C.F.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:
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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 0
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
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
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 t0
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.
3. The undersigned shall require that the language of this certification be U
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
representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure. U)
The Contractor, N/A certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any. U)i
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N/A
Signature of Contractor's Authorized Official U
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Name and Title of Contractor's Authorized Official Date
Page 57 of 63
Packet Pg. 663
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
DISCLORTREOF LOBBYING ACTIVITIES
THIS,FORIi rG DISCLOSI LOBBIMN'T,ACTV..=, S PTIRSU UNT ITJ 3:TIS C 1252
L T)vlxe,off'edentl Act io'n. 2. Status of Federal Action., 3. Rep�ort Type:
2" cont.Rct N/A a. 7N/A]a Mt,t a I
b �P'3111 b inirbInral nurenalchm4e
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f, loan as amrre date Z-Vet 1.epa rt
4. Name amel Address af Rqmrhmg Eatffh" 5. If Reporting F® m No.4 is'stmbavardee, 0
Ente.T Nsmi-and Xddress of Prine ?
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6. Federjj 1'lepjxtz3#nv`AgPuxy: 7., Federal Progrxzal XamvDgsA-d'pdcni: 3:
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CTBAN, zinber,if np77hcabLe N/A
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Federal Actiam Number:,if Faso wn-. 9. Award Amami,Lf kuo%ml U
101. 2. Name xndkdl of Lobblf Embry b. Indhid-a&Performing Sien-mes ("mc2lud1mg
Individuall,13S.1 Mame,fiat name,?*U) addrenif tffatpin fmm,No. I On) 0
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11. Ammumt of Payment(ch*ckall ffixt apply), 13. Type afPaymemf(rh*ck ad]that spoly)
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12. FDray of Paymemi(chKk a1l that apply):: c COMInis'jon
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a Cash d. cm6igent fr?4? U)
in-kind- splecElfy- n3twe e def=m
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va"Ue f other,specify
14. Brief Descr pbian of Serdices Performed,oz ta be perfaren*4 and Date0s)of S4rvice,inclubing
affirer(s,'),,empdoy"W's y
ar member�s)camlacted,far Ps memi lindicated in 14m,Ih
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Authm.zed Ew Lam]Repradtxtom
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2-6c PA 2COUN7Y
Page 58 of 63
1 Packet Pg. 664
C.18.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 0
information. t)
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of 0
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a covered Federal action.
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
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report b this
P y P y q � P y P y
reporting entity for this covered Federal action.
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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.
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5. Ifthe organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code ofthe L35
prime Federal recipient. Include Congressional District,if known.
6. Enter the name ofthe Federal agency making the award or loan commitment. Include at least one organization level below *�
agency name,if known. For example,Department of Transportation,United States Coast Guard. 0
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal W
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Requestfor 0
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the U)
application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 1�
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9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of CL
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the award/loan commitments for the prime entity identified in item 4 or 5.
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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 t)
influenced the covered Federal action.
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(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).
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 L_
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report,enter the cumulative amount of payment made or planned to be made.
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12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and
value ofthe in-kind payment. 0
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13. Check the appropriate box. Check all boxes that apply. If other,specify nature. a
14. Provide a specific and detailed description ofthe services that the lobbyist has performed or will be expected to perform and the 0
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the
Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
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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. 665
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 0
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for the above,
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The extent of liabiflty is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
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RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will cornply in full with
all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend 0
as set out in this proposal. U
McFarland-Johnson, Inc.
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Respondent Sig re U
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Packet Pg. 666
C.18.b
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY DEDUCTIBLES
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Automobile Liability none
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Liability policies are X Occurrence Claims Made
Insurance Office of America Inc
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Insurance Agency Signature
Print Name: Deborah Blanchard
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Page 62 of 63
Packet Pg. 667
C.18.b
PRO ES I N L .ECFi,,'ITE,CTUI L.AND ENGINEERING 3ER.""i'lCE S.
IUS,'LUI :,w NCN L— ,GE " .51A "E EDIT
I have revievied the with, the bid,der naii ed below, The fdHo ing, de a ictjWes
appPy tD the carrespoarfing ,poNcy.
FIQ L.ICY DEDUCTIBLES
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[nsuranceAge,ncy S ignatiu re c�
Print Name: P En le C "?TJ �.
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