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Item C01 C.1 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 March 22, 2023 Agenda Item Number: C.1 Agenda Item Summary #11128 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 N/A AGENDA ITEM WORDING: Approval of a contract in the amount of$231,172.00 with Bender & Associates Architects PA in response to the Request for Qualifications for Professional Architectural and Engineering Services Facility Assessment and Design of the Jefferson Browne Redevelopment project. Bender & Associates Architects PA was the only proposer on an RFQ issued July 19, 2022, and a contract has been negotiated. The project is funded by One Cent Infrastructure Sales Surtax Fund. ITEM BACKGROUND: The chiller serving Jackson Square and a communication tower is located on the Jefferson B. Browne building in Key West. The Jefferson Brown building is deteriorating, and the chiller and communication tower must be relocated prior to demolition of the Jefferson Brown building. This project will include demolition of the Jefferson B. Browne (JBB)buildings, temporary chilled water to the campus, design of a new mechanical services building, construction administration, commissioning, and project closeout and acceptance. A Request for Qualifications (RFQ) for architectural and engineering services was issued on June 17, 2022 with responses due by July 19, 2022. One proposal was received from Bender & Associates Architects PA. On August 17, 2022, the BOCC gave approval to negotiate a contract with Bender, and the resulting contract is attached. PREVIOUS RELEVANT BOCC ACTION: 6/10/2015 —BOCC approved a Task Order with T.Y. Lin International/H. J. Ross for the Jackson Square Chiller and Communication Tower relocation. 10/17/2018 —BOCC approved a Task Order Amendment 42 with T. Y. Lin International/H. J. Ross for additional planning and architectural services. 8/17/2022 —BOCC granted approval to negotiate a contract with Bender. CONTRACT/AGREEMENT CHANGES: Packet Pg. 17 C.1 N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: RFQ_Engineering and Architectural Services_CMAR_Jefferson Browne Redev_Legal Bender & Associates Prof Architectural & Engineering Services for Jefferson Browne Redevelopment 07-19-2022 Bid Tabulation Sheet pdf COI—Bender exp. 2.10.24 Agreement for Professional AE Services- Jefferson Browne_Bender_Signed by Bender Bender - County Forms FINANCIAL IMPACT: Effective Date: 3/22/2023 Expiration Date: TBD Total Dollar Value of Contract: $231,172.00 Total Cost to County: $231,172.00 Current Year Portion: $231,172.00 Budgeted: Yes Source of Funds: Funded with One Cent Infrastructure Sales Surtax Fund CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: No County Match: No Insurance Required: N/A Additional Details: 304--24005 $231,172.00 03/22/23 NEW COST CENTER ADDED $231,172.00 304--24005 REVIEWED BY: Cary Knight Completed 03/07/2023 1:54 PM Kevin Wilson Completed 03/07/2023 2:26 PM Joseph DiNovo Completed 03/07/2023 2:34 PM Purchasing Completed 03/07/2023 3:22 PM Budget and Finance Completed 03/07/2023 3:27 PM Packet Pg. 18 C.1 Brian Bradley Completed 03/07/2023 3:33 PM Lindsey Ballard Completed 03/07/2023 3:36 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 19 C.1.a MONROE COUNTY REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 13 : �� CL CL fly 4, � CO, �Ofr err 0 BOARD OF COUNTY COMMISSIONERS i Mayor David Rice, District 4 Mayor Pro Tern Craig Cates, District I � Michelle Coldiron, District 2 James K. Scholl, District 3 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT Roman Gastesi Kevin Madok n May, 2022 PREPARED BY: �I Monroe County Project Management Kevin Wilson, Assistant County Administrator Packet Pg. 20 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Tuesday,July 19,2022,at 3:00 P.M.,the Monroe County Purchasing Office will receive and open sealed responses for the following: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: f gr: ,a�agbl,l �ohce,s,.col a searchable Statewide repository for all published legal notices. Requirements '@ for submission and the selection criteria may be requested from DemandStar at w2.wwademandsfi:aracom OR 0 w w wamonm;oecouiwnfi y,Ur� ds„a, o,�?,u?. The Public Record is available upon request. CL Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: 0MB.. IDS.,,,,,, 7 u, nm;oecouiwnfi y......;�„a„g,2., , no later than 3:OOP.M., on July 19, 2022. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: 0- PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE 0 REDEVELOPMENT 07-19-2022 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size i that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable U to ��„MB I 7�uonmoecouiwnfiy ��a„g�,w, in advance of the bid opening, please email: omU� �� a„g2.,, so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure deliver of their bid and p g• p Y Y waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. c� The bid opening for this solicitation will be held virtually,via the internet,at 3:00 P.M.,on July 19,2022. You may call in by phone or internet using the following: Join Zoom Meeting Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156(San Jose) Dial by your location: wi +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) Publication dates: Citizen: Sat.,06/18/2022 Keys Weekly: Thur.,06/16/2022 News Barometer: Fri.,06/17/2022 Page 2 of 62 Packet Pg. 21 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 TABLE OF CONTENTS NOTICE OF REQUEST FOR QUALIFICATIONS SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work t0 4- SECTION THREE - Draft Contract Attachment A - Consultant Scope of Services Attachment B - Hourly Rates SECTION FOUR - County Forms Response Form Lobbying and Conflict of Interest Form Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement Vendor Certification Regarding Scrutinized Companies Lists Respondent's Insurance and Indemnificaiton 0- Insurance Agent's Statement 0 i c) i 2 c� CY c� i c� Page 3 of 62 Packet Pg. 22 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 SECTION ONE: INSTRUCTION TO RESPONDENTS 1.1 INTRODUCTION/BACKGROUND The County seeks to enter into a contract with a qualified architectural firm and its team to work in collaboration with a Construction Manager at Risk (CMAR). The project will include demolition of the Jefferson B. Browne (JBB) buildings, temporary chilled water to the campus, design of a new mechanical services building, construction administration, commissioning, 0 and project closeout and acceptance. c- 0 An historic structure is adjacent to and another within immediate proximity to the JBB. Coordination with applicable federal, state, and local agencies, commissioners, advisory 0. bodies, and the concerned public should be anticipated throughout the design and construction oversight phases of this process. 1.2 COPIES OF RFQ DOCUMENTS i A. Only complete sets of RFQ Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFQ Documents may be obtained in the manner and at the locations stated in the Notice of Request for Qualifications. U) C. Submitted Responses MUST include an Insurance Agent Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Qualifications. Failure to include all necessary forms and licenses will result in a non- responsive proposal. c) i 1.3 DISQUALIFICATION OF RESPONDENT The following forms shall be submitted along with the response to RFQ, and signatures shall be current and all forms shall be dated within thirty (30) days of the date of submission. A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work i as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. c� Page 4 of 62 Packet Pg. 23 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. c� D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with the bid or proposal. Failure c) to complete this form in every detail and submit it with the bid or proposal may result 0 in immediate disqualification of the bid or proposal. 0 E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: Any person submitting a bid or proposal in response to this invitation must execute the enclosed VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.4 EXAMINATION OF RFQ DOCUMENTS 0 A. Each Respondent shall carefully examine the RFQ and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. i B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he/she be in doubt as to their meaning, they shall at once Li notify the County at Tudor-Rob onroeCounty- L.gov. 2 1.5 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Rob Tudor, Monroe County Project Management, 1100 Simonton Street, Rm. 2-216, Key West, FL 33040 or emailed to Tudor-Rob onroeCounty- Lvov. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and notification will be furnished by DemandStar to all known prospective Respondents listed as planholders no later than five (5) business days prior to the established Response opening date. It shall be the Respondent's sole responsibility thereafter to download the addendum. i Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. Page 5 of 62 Packet Pg. 24 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 1.6 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 0 c, 1.7 PREPARATION OF RESPONSES 0 Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or "Sole Owner' must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. If the Respondent is a limited liability company, the title of person signing the Response on behalf of the limited liability company must be stated and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. U) 1.8 SUBMISSION OF RESPONSES A. Responses shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Responses indicated in the Notice of Calling for Qualifications, or any extension thereof made by Addendum. Monroe County's Li representative authorized to open the Responses will decide when the specified time has arrived and no Responses received thereafter will be considered. Responses received after the time and date for receipt of Responses will be returned unopened. .�u B. s ti Please DO III' our°iuiu�oe �� r°iuty 116'31.Ai u� llhussliiur°iug IIC':':'�cllsiu�turnrriicur°iut iu�c cliivc Il��iii�:t clllcu�� ur°iuiiislllllly, NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered bids/proposals/ responses WILL NOT be accepted. c� Monroe County Purchasing requests that bids be submitted via email to „1 ,,,,,,l ,ll,1 ,4„ „il ,q,IIrgq ,I ,y,,,,,;llg,gy; no later than 3 pm on Tuesday July 19, 2022. Please submit your confidential financials in a separate email from your bid and required documents. CY Your subject line on both emails must read as follows: Professional Architectural and Engineering Services for Jefferson Browne Redevelopment 7/19/2022 Files that do not contain this subject line will be rejected. Page 6 of 62 Packet Pg. 25 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB or are otherwise rejected or undeliverable to OMB-BIDS@monroecounty-fl.gov in advance of the bid opening, please email: c� :::::.11° Iirllii ..2.@:.ilgiirgIiI.:y::::::11..::..0.2y: so accommodations for delivery of your bid can be made prior to the bid opening. U Please be advised that it is the bidder's sole responsibility to ensure delivery of their 0 bid and waiting until bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually via the internet at 3 pm on Tuesday July 19, 2022. You may call in via phone or internet using the following: Join Zoom Meeting II . ,HiiTicllbocc zooi�yi u��5093�6156 °' .................................... .°...... a� Meeting ID: 450 932 6156 0 One tap mobile +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) Dial by your location +1 646 518 9805 US (New York) i +1 669 900 6833 US (San Jose) U i C. The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. D, Oral, telephonic, telegraphic, and faxed Proposals are invalid and will not receive consideration. c� E. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.9 CONTENT OF SUBMISSION The proposal submitted in response to this RFQ shall be digital PDF format; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. Page 7 of 62 Packet Pg. 26 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states "Statement of Qualifications for Professional Architectural and Engineering Services for Jefferson Browne Redevelopment" The cover page should contain Respondent's name, address, telephone number and the name of the Respondent's contact person. 0 B. Tabbed Sections U 4- 0 Tab 1. Executive Summary The Respondent shall provide a history of the firm or organization, and particularly include projects that are similar in nature to the services requested in the RFQ. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. 76 Tab 2. Relevant Experience, References and Past Performance on Similar Projects >� The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope to the work described in Section 1.1. The list should include the information below: 0 Name and full address of referenced project and organization. Name and telephone number of Contact person for contract. Telephone number(s). Date of initiation and completion of contract for referenced project. Brief summary of the project and services including a comparison to services sought i by this RFQ. The Respondent shall provide at least two written references or the name and current contact Ui information from a Florida local government or other governmental entity for which the Respondent has provided the same or similar services during the past three years. Each reference shall include, at a minimum, the information listed above. Tab 3. Project Approach and Management Respondent shall provide a listing of all the types of architectural and engineering services, with specific descriptions, that will be offered under the agreement and will provide evaluators with insight about the qualifications, fitness, and abilities of the Respondent. Tab 4. Staffing for this Project & Qualifications of Key Personnel & Technology The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, limited liability company, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include a list of the proposed staff that will perform the work required if W awarded this contract. An organizational chart should be included in this section. The Respondent shall also include a resume for each member of the project team identifying his/her role on the team and any qualifications relevant to the assigned position. Include in this section the location of the main office and the location of the office proposed to work on this project. Respondent shall describe its use of technology in the office or in the field which may be used on this project. List any specific hardware and software currently in use or planned for this contract. Page 8 of 62 Packet Pg. 27 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Tab 5. Financial Information and Litigation The Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of U years it has been providing the services, goods, or construction services called for in the bid 0 specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?Yes or No. If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners?Yes or No. If yes, provide details; 0 C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities?Yes or No. If yes, provide details; i d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a Ui contract to provide services, goods or construction services? Yes or No. If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (6). Customer references (minimum of three), including name, current address and current telephone number; (7). Credit references (minimum of three), including name, current address and current telephone number; (8). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. Please provide in a separate email for the Respondent's confidentiality, and clearly label the email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to submit in order to W re ualif for bidding or for responding to a bid for a road or an other public works project is p q Y 9 p 9 Y p p j exempt from F.S. 119.07(1) and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Respondent includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." c� Tab 6. County Forms Page 9 of 62 Packet Pg. 28 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT Respondent shall complete and execute the forms specified below and found at the designated pages in this RF , and shall include them in the appropriate tabbed section; failure to provide executed documents may result in respondent being determined to be not fully responsive to the RFQ. Form Paqe Response Form 49 Lobbying and Conflict of Interest Clause 50 Non-Collusion Affidavit 51 U Drug Free Workplace Form 52 0 Public Entity Crime Statement 53 Vendor Certification Regarding Scrutinized Companies Lists 54 Certification Regarding Lobbying 55 Disclosure of Lobbying Activities 56-57 Respondent's Insurance and Indemnification Statement 58-59 Insurance Agent's Statement 60 i Respondent shall produce evidence of proper licensing to perform the services described herein. Copies of all professional and occupational licenses shall be included in this section. 1.10 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Qualifications and received prior to Proposal due date and time. Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete Proposal as modified. All emails shall be marked"Modified Proposal". Delivery shall comply with requirements for the original proposal. U i 1.11 RESPONSIBILITY FOR RESPONSE 2 The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES The properly identified Responses received on time will be opened by the Monroe County Purchasing Department. Any Proposal not received by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Qualifications will not be opened. The public is permitted to be present via a virtually held bid opening as specified in Article 1.8 (B). 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Page 10 of 62 Packet Pg. 29 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT Instructions to Respondent and the contract documents, may be rejected at the option of the County. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: c� CRITERIA MAXIMUM POINTS TAB 1 15 TAB 2 45 U TAB 3 15 0 TAB 4 25 TAB 5 Y/N TAB 6 Y/N TOTAL 100 Please note that a proposal may be rejected as non-conforming, non-responsive or the proposer may be deemed not responsible in which case the amount of points will become irrelevant to the final selection. Tab 5 and Tab 6 do not have a point value; however, failing to answer the required questions or include the required documents and forms shall be grounds for rejection of the proposal. In addition to the points as set out above, the evaluation of proposals shall include, but not be limited to, the criteria set forth in this RFQ. 1.14 TENTATIVE SCHEDULE The following is a tentative calendar of event dates. The County reserves the right to i change the dates or events, if necessary. Task Name Deadline Li RFP published and advertised 06/17/2022 c� Deadline for questions and written requests 07/01/2022 for clarification Last day topublish addendum, if necessary 07/11/2022 Deadline for submission of proposals 07/19/2022 Additional interviews, if needed N/A BOCC approval to negotiate 08/17/2022 1.15 AWARD OF CONTRACT A. The COUNTY reserves the right to waive any informality in any response, or to re- advertise for all or part of the work contemplated. If responses are found to be acceptable by the COUNTY, written notice will be given to the selected respondent of the award of the contract. The COUNTY reserves the right to reject any and all responses. i B. If the award of a contract is annulled, the COUNTY may award the contract to another Respondent, or the work may be re-advertised or may be performed by other qualified personnel as the COUNTY decides. C. A contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the COUNTY. Page 11 of 62 Packet Pg. 30 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT D. The COUNTY also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. F. Tie Responses: In the event when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, U the tie will be resolved by draw from an opaque container. 0 G. Protest Procedure: Any Respondent who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Respondent that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the i Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a Ui waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County one executed counterpart of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Page 12 of 62 Packet Pg. 31 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Worker's Compensation Statutory Limits Employers' Liability Insurance $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee U 4- 0 General Liability, including $500,000 Combined Single Limit Premises Operation 0 Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned and hired vehicles) If split limits are preferred: $200,000 Per Person $300,000 Per Occurrence $200,000 Property Damage 0 U) Architects Errors and Omissions $500,000 per Occurrence $1,000,000 Aggregate i Monroe County shall be named as an Additional Insured on the General Liability and Vehicle U Liability policies. 2 1.18 INDEMNIFICATION, HOLD HARMLESS AND DEFENSE. The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the Respondent or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the Respondent, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any W deficiency or ambiguity in the plans and specifications provided by the Respondent, the Respondent agrees and warrants that Respondent 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 Respondent is consideration for the indemnification provided for above. Page 13 of 62 Packet Pg. 32 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. c� SECTION TWO: SCOPE OF WORK 0 2.1 Scope U 4- 0 The intent of the project is to demolish the Jefferson B. Browne Building (JBB) located at the corner of Fleming and Whitehead in Key West and replace the building with a campus mechanical and support building. The JBB consists of a four-story front building facing Whitehead Street built in 1968 and a four-story side addition built in 1986 forming an "L" shaped structure. Adjacent to these buildings to the southwest and attached to the 1968 building is a remaining section of the 1892/1910 historic sheriff residence and jail currently under restoration to become a museum. These buildings will need to be protected. The chillers (2) on the roof of the 1986 building provides chilled water to all buildings on the campus except the Lester building on the southeast corner of the block. A communications tower located on the 1968 building is being relocated by the sheriff's office and not considered part of this project but must be relocated before demolition can proceed. The Aqueduct building and water tanks on the southwest corner of the block and along Thomas Street are not part of this parcel, not part of this project, and will not be used for laydown. U) The project and subsequent plans produced will require a temporary chilled water service to all buildings currently served by the existing roof mounted system during demolition, i construction of the new structure, and eventual demobilization of the temporary chilled water plant. Backup power may be provided by the 1M generator in the Freeman Justice Building or by a mobile unit to be determined during programming. A new mechanical building will be Ui designed in the reduced footprint of the 1986 building following historical guidelines. The approximately 5600 square foot two story building will provide space for the chillers and cooling towers, a small facilities maintenance space, and a fiber and IT room serving all County buildings on the campus. The method of construction will be Construction Management at Risk (CMAR) and the design team is expected to collaborate in a professional and productive manner with the CMAR. The selected firm will perform all required research, studies, testing, geo technical, surveying, and any other necessary information gathering activity for effective programing, assistance with CMAR bidding and assessment, schematic design (SD), design development (DD), construction documents, independent statement of probable costs, construction administration (including on-site alternate bi-weekly meetings, review of work, pay applications, and conformance to design specifications), commissioning, and project closure and acceptance. The selected firm will have access to County best practices and standards but will develop unique OPR & BOD documents for this project. Construction of County i buildings must adhere to Florida Green Building Coalition (FGBC) standards. Final submission to FGBC is not required. The selected firm will be required to coordinate with, but not limited to, the City of Key West Planning Department, Historical Architectural Review Commission (HARC), and Building Department to produce plans that are approved, accepted, and permitted. This may require in person public meetings as needed. Experience with the City of Key West is beneficial to Page 14 of 62 Packet Pg. 33 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT efficient and timely design. Progress or work will be reviewed at normal intervals during programming, SD, and DD. Construction documents will be reviewed and approved at 30%, 60%, and 90% intervals. Plans will not be considered 100% unless they have met all federal, state, and local requirements and permits are ready for construction. Revisions to produce acceptable plans are the responsibility of the selected firm as well as resolving clash detection or other conflicts. The firm shall ensure proper coordination between their design professionals and consistency across plan sections. 0 The area of work is within a NRHP Historic District, physically attached to and adjacent to U historic properties on the oldest platted section of Key West and has extremely limited 0 available laydown areas. Coordination with applicable federal, state, and local agencies, commissioners, advisory bodies, and the concerned public should be anticipated throughout the design, demolition, and construction phases of this project. 2.2 TIME FOR PERFORMANCE/BASELINE SCHEDULE /COST ESTIMATES i Time is considered to be of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 2.3 SCHEDULING REQUIREMENTS i 1. Baseline Schedule c, i 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. > 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. Page 15 of 62 Packet Pg. 34 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. c, 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at 0 any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such actions on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process >� 3.1 Preconstruction activities should at a minimum include the following elements as applicable: 0 PROJECT DEVELOPMENT PROCESS Milestone 0 Task Name Date Comments i Design Contracting Phase Issue Notice to Proceed Design Phase Programming Schematic Design Design Development 30% Construction Documents 60% Construction Documents 90% Construction Documents Permit Phase Permits Approved Bid Set for GM - 100% CDs GMP Bid Support Construction Administration i Commissioning Closure and Acceptance Procurement of CMAR Support (Acquired During Programming) c� Page 16 of 62 Packet Pg. 35 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 2.4 COST ESTIMATING REQUIREMENTS c� 1.1 Baseline Cost Estimates 0 U 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the - existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The 0 COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. i 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30%completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. The CONSULTANT's final Opinion of Probable Cost will be in a format suitable for submittal as a Phase I deliverable by the COUNTY to HMGP's technical review team. U) 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. c, i U) 0 2 c� c� BALANCE OF PAGE INTENTIONALLY LEFT BLANK CY c� Page 17 of 62 Packet Pg. 36 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 SECTION THREE: DRAFT CONTRACT A sample contract is included for information of the bidders. The contract may be changed to reflect the needs of the County. AGREEMENT FOR Professional Architectural and Engineering Services for Jefferson Browne Redevelopment 4- 0 0 This Agreement("Agreement") made and entered into this day of , 2022 CL CL 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"), i AND a of the State of whose address is its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: 0 U) WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to provide Professional Architectural and Engineering Services for Jefferson Browne Redevelopment i (the "Project"); and U WHEREAS, CONSULTANT has agreed to provide professional services which shall include U,i but not be limited to providing: concepts, construction drawings and specifications, all documents 0 required to submit applications for and secure all permits necessary to complete the project and holding a minimum of two informational hearings with the public and monthly project meetings with the tenants for the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 n 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied; Page 18 of 62 Packet Pg. 37 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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 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 that is acceptable for c) reimbursement by government agencies, therefore eliminating any additional cost due to 0 missing or incorrect information or design elements in the contract documents. 0 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. U) 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. i 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. Li U) 0 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. c� ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The 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. i 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. Page 19 of 62 Packet Pg. 38 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: 0 Mr. Cary Knight. c) Director of Project Management 0 Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 0 For the Consultant: i U i c� Notice is deemed received by the 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. 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 W describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. c� Page 20 of 62 Packet Pg. 39 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. t0 4- 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S 0- services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such i documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. U) i 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 0 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 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 5, employed or utilized by the CONSULTANT in the performance of the contract. CY i 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 him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. Page 21 of 62 Packet Pg.40 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 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 the CONSULTANT shall 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. U 4- 0 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTY and State of Florida, Department 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 employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(County) Agency's sovereign immunity. i ARTICLE VI Ul PERSONNEL n� 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION n n So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. Page 22 of 62 Packet Pg.41 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM t0 4- 0 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in Attachment B, or a Not to Exceed Amount negotiated at the time of performance. 7.2 PAYMENTS 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. (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; U) (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 i rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The c) 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? (C) The CONSULTANT shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Clerk of Courts. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. c� 7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 7.4 BUDGET i 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 the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. Page 23 of 62 Packet Pg.42 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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 0 U 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 0 maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to conduct 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. 0 8.3 CONSULTANT shall obtain and maintain the following policies: 0 U) A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. i B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. U i U) 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$500,000 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 $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the i effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the acceptance of work by the COUNTY. E. Professional Liability insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting Page 24 of 62 Packet Pg.43 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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. c) 4- 0 G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 0 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS U i 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 c� 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. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such Wi 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. Page 25 of 62 Packet Pg.44 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. c� 9.5 TERMINATION 0 The Contract may be terminated by the Owner as follows: c- 0 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. 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, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this i 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 the )I CONSULTANT shall not in any event exceed the spending cap in this Agreement. In 0 addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. c� D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False i 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 Page 26 of 62 Packet Pg.45 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 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. 0 For Contracts of$1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector U List or been engaged in business operations in Cuba or Syria, the COUNTY shall have 0 the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS i 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 execution by written 0- amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 0 U) 9.7 PUBLIC ENTITIES CRIMES i 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 Ui repair of a public building or public work, may not submit bids on leases of real property to 0 any public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, the CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined Wi 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 the CONSULTANT has been placed on the convicted vendor list. E c� Page 27 of 62 Packet Pg.46 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS c� The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from U the termination of this agreement or for a period of five years from the submission of the final 0 expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including i 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 the COUNTY Ui 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, .2 sources of information and matters that may in the 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 the COUNTY's representative and/or agents of the County Clerk. The 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, 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 COUNTY or the County Clerk determines that monies paid to the 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. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES Page 28 of 62 Packet Pg.47 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 E This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and the CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the U circuit court of Monroe County. 0 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition >� and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the 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. U) 9.11 ATTORNEYS FEES AND COSTS The COUNTY and the 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 Ui fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the 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 Page 29 of 62 Packet Pg.48 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or cancellation. 0 9.16 COOPERATION U 4- 0 In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the 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. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. >� 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT and the 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. The 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 i 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 Ui 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI I of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101, Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Page 30 of 62 Packet Pg.49 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, c) gender identity, or national origin. Such action shall include, but not be limited to 0 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. i 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 i 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 Li individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. c� 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the 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, 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 Page 31 of 62 Packet Pg. 50 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed U and remedies invoked as provided in Executive Order 11246 of September 24, 0 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subconsultant 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 The CONSULTANT and the COUNTY covenant that neither presently has any interest, and Li shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS c� The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount Page 32 of 62 Packet Pg. 51 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working c) solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or 0 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. i 9.22 PUBLIC ACCESS. The CONSULTANT and the 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 the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor' for this provision only: i Public Records Compliance. The 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 Li Constitution of Florida. The COUNTY and the 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 the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. i Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a Page 33 of 62 Packet Pg. 52 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required c) 4- by the COUNTY to perform the service. If the Contractor transfers all public records to the 0 COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the <, contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested 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 i enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon c) 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. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any c� public records unless or otherwise provided in this provision or as otherwise provided by law. c� IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF n PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 - MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Page 34 of 62 Packet Pg. 53 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 0 9.24 PRIVILEGES AND IMMUNITIES c) 4- 0 All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case i law. 9.26 NON-RELIANCE BY NON-PARTIES Li U) 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the 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. Page 35 of 62 Packet Pg. 54 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U 9.29 EXECUTION IN COUNTERPARTS 0 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. i 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and the 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 i 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 Li subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and CY women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency Page 36 of 62 Packet Pg. 55 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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. 9.31 FEDERAL CONTRACT REQUIREMENTS c� The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as U amended, including but not limited to: 0 9.31.1 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act 0 (33 U.S.C. 1251-1387). The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The CONSULTANT agrees to report each violation to the COUNTY and 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. 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Ui Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded .2 by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONSULTANTS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANTS 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 the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security W 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 CONSULTANTS, 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 3, "Contractors and Subcontractors on Page 37 of 62 Packet Pg. 56 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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 CONSULTANT 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. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts U the clause above and such other clauses as the FEMA may by appropriate 0 instructions require, and also a clause requiring the subconsultant to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all of these contract clauses. ii) 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. >� 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 during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the Ui 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 work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such 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. Page 38 of 62 Packet Pg. 57 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT (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 contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor 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 U required or permitted to work in excess of the standard workweek of forty hours 0 without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractorunder any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or i lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. U i 9.31.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award 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 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that non of the contractor's principals (defined at C.F.R. §180.935) or its affiliates(defined at C.F.R. §180.905) Page 39 of 62 Packet Pg. 58 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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. U pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and 0 throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.31.6 Byrd 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 tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the 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.) i 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR �200.322. The CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, Ui as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA) at 40 CFR, Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's W Comprehensive Procurement Guidelines web site, htse// epaegov/smm/comprehensive®procurement®guideline-cpg®program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Page 40 of 62 Packet Pg. 59 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 9.31.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR �200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, covered telecommunications equipment is U telecommunications equipment produced by Huawei Technologies Company or ZTE 0 Corporation (or any subsidiary or affiliate of such entities). 0 (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. 0 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. i 9.31.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for Ui the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 9.31.10 Americans with Disabilities Act of 1990 (ADA), as amended. The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT i pursuant thereto. 4i 9.31.11 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 of all new employees hired by the CONSULTANT during Page 41 of 62 Packet Pg. 60 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 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 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. U 9.31.12 Fraud and False or Fraudulent or Related Acts. The CONSULTANT acknowledges 0 that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. 9.31.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) The CONSULTANT and its successors, transferees, assignees, and subconsultants i 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 Ui 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 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. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.31.14 Federal Government not a party to contract. The CONSULTANT acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.15 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONSULTANT W shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 9.31.16 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 Page 42 of 62 Packet Pg. 61 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and the CONSULTANT. 9.31.17 Compliance with Federal Law, Regulations, and Executive Orders. The CONSULTANT acknowledges that, if FEMA financial assistance will be used to fund the contract, the CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 9.31.18 If this Agreement is funded by the Florida Department of Emergency Management U (FDEM), the CONSULTANT will be bound by the terms and conditions of the 0 Federally-Funded Sub-award and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) found at the following link on 0. the Monroe County web page:hftps://www.monroecounty-fl.gov/fdemgrantagreement 9.32 The CONSULTANT shall hold the Division and County harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. >� 0 [Signature page to Follow] U) i U i U) 0 2 c� c� i c� Page 43 of 62 Packet Pg. 62 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly c� authorized representative on the day and year first above written. 0 U (SEAL) BOARD OF COUNTY COMMISSIONERS 0 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0 By: By: As Deputy Clerk Mayor/Chairman i Date: Date: 0 (Seal) CONSULTANT: Attest: Signature: Signature: Name: Name: Ui U) 0 Title: Title: Date: Date: c� END OF AGREEMENT CY c� Page 44 of 62 Packet Pg. 63 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 ATTACHMENT A Consultant Scope of Services (to be provided in final contract) 0 2.1 Scope The intent of the project is to demolish the Jefferson B. Browne Building (JBB) located at the corner of Fleming and Whitehead in Key West and replace the building with a campus U mechanical and support building. The JBB consists of a four-story front building facing 0 Whitehead Street built in 1968 and a four-story side addition built in 1986 forming and "L" shaped structure. Adjacent to these buildings to the southwest and attached to the 1968 building is a remaining section of the 1892/1910 historic sheriff residence and jail currently under restoration to become a museum. These buildings will need to be protected. The chillers (2) on the roof of the 1986 building provides chilled water to all buildings on the campus except the Lester building on the southeast corner of the block. A communications tower located on the 1968 building is being relocated by the sheriff's office and not considered part of this project but must be relocated before demolition can proceed. The Aqueduct building and water tanks on the southwest corner of the block and along Thomas Street are not part of this parcel, not part of this project, and will not be used for laydown. 0 The project and subsequent plans produced will require a temporary chilled water service to all buildings currently served by the existing roof mounted system during demolition, construction of the new structure, and eventual demobilization of the temporary chilled water plant. Backup power may be provided by the 1M generator in the Freeman Justice Building or by a mobile unit to be determined during programming. A new mechanical building will be i designed in the reduced footprint of the 1986 building following historical guidelines. The approximately 5600 square foot two story building will provide space for the chillers and cooling towers, a small facilities maintenance space, and a fiber and IT room serving all Ui County buildings on the campus. The method of construction will be Construction Management at Risk (CMAR) and the design team is expected to collaborate in a professional and productive manner with the CMAR. The selected firm will perform all required research, studies, testing, geo technical, surveying, and any other necessary information gathering activity for effective programing, assistance with CMAR bidding and assessment, schematic design (SD), design development (DD), construction documents, independent statement of probable costs, construction administration (including on-site alternate bi-weekly meetings, review of work, pay applications, and conformance to design specifications), commissioning, and project closure and acceptance. The selected firm will have access to County best practices and standards but will develop unique OPR & BOD documents for this project. Construction of County buildings must adhere to Florida Green Building Coalition (FGBC) standards. Final submission to FGBC is not required. The selected firm will be required to coordinate with, but not limited to, the City of Key West Planning Department, Historical Architectural Review Commission (HARC), and Building Department to produce plans that are approved, accepted, and permitted. This may require in person public meetings as needed. Experience with the City of Key West is beneficial to efficient and timely design. Progress or work will be reviewed at normal intervals during programming, SD, and DD. Construction documents will be reviewed and approved at 30%, 60%, and 90% intervals. Plans will not be considered 100% unless they have met all federal, Page 45 of 62 Packet Pg. 64 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT state, and local requirements and permits are ready for construction. Revisions to produce acceptable plans are the responsibility of the selected firm as well as resolving clash detection or other conflicts. The firm shall ensure proper coordination between their design professionals and consistency across plan sections. The area of work is within a NRHP Historic District, physically attached to and adjacent to historic properties on the oldest platted section of Key West and has extremely limited available laydown areas. Coordination with applicable federal, state, and local agencies, commissioners, advisory bodies, and the concerned public should be anticipated throughout U the design, demolition, and construction phases of this project. 0 2.2 TIME FOR PERFORMANCE/BASELINE SCHEDULE /COST ESTIMATES 0 Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functionsin accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 0 2.3 SCHEDULING REQUIREMENTS U) 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. c, i 2. Monthly Schedule Update 2 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. c� 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is i not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to Page 46 of 62 Packet Pg. 65 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. c� 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such actions on c) the part of the CONSULTANT shall be considered non-performance and the COUNTY shall 0 have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable: >1 PROJECT DEVELOPMENT PROCESS Milestone Task Name Date Comments 0 0 Design Contracting Phase Issue Notice to Proceed Design Phase Programming U Schematic Design Design Development .2 30% Construction Documents 60% Construction Documents 90% Construction Documents Permit Phase c� Permits Approved Bid Set for GM - 100% CDs GMP Bid Support Construction Administration Commissioning Closure and Acceptance Wi Procurement of CMAR Support (Acquired During Programming) c� Page 47 of 62 Packet Pg. 66 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 3.3 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 2.4 COST ESTIMATING REQUIREMENTS c� 1.2 Baseline Cost Estimates 0 U 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the - existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The 0 COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.2 Cost Estimate Updates. i 2.2.1 The CONSULTANT will update the Baseline Cost Estimate with 30%completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. The CONSULTANT's final Opinion of Probable Cost will be in a format suitable for submittal as a Phase I deliverable by the COUNTY to HMGP's technical review team. U) 2.2.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. c, i U) 0 2 c� CY c� i c� Page 48 of 62 Packet Pg. 67 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 ATTACHMENT B Consultant Hourly Rates — Example Only—To be negotiated with selected firm JOB CLASSIFICATION HOURLY RATE c� 0 U 4- 0 i U) i U i U) 0) 2 c� c� i c� Page 49 of 62 Packet Pg. 68 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 SECTION FOUR: COUNTY FORMS SUBMISSION RESPONSE FORM c� RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS U c/o PURCHASING DEPARTMENT - GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET 0 KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) 1 have included: o Submission Response Form o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace Form o Public Entity Crime Statement o Vendor Certification Regarding Scrutinized Companies Lists U) o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement (signed by agent) i U In addition, I have included a current copy of the following professional and occupational licenses: 2 (Check mark items above, as a reminder that they are included.) c� Mailing Address: Telephone: c� Fax: Date: Signed: Witness: (Seal) i (Name) (Title) c� Page 50 of 62 Packet Pg. 69 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 0 U 4- 0 (Company) 0 " warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 0- 0 U) (Signature) i Date: U i U) 0 2 STATE OF: COUNTY OF: c� Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. i NOTARY PUBLIC (SEAL) My commission expires: c� Page 51 of 62 Packet Pg. 70 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 NON-COLLUSION AFFIDAVIT I, of the city according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of 0 the proposer making the Proposal for the project described in the notice for calling for proposals for: 0 0 and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed 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 4. No attempt has been made or will be made by the proposer to induce any other person, 0 U) partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and i 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. U� 0 2 (Signature of Proposer) (Date) c� STATE OF: c� COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. CY NOTARY PUBLIC (SEAL) My commission expires: c� Page 52 of 62 Packet Pg. 71 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROVVNE REDEVELOPMENT 0 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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. 0 U 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of - maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under 76 proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or 0 rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U As the person authorized to sign the statement, I certify that this firm complies fully with the above Use requirements. 0 Proposer's Signature c� Date c� STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) asCY i identification. NOTARY PUBLIC E (SEAL) My commission expires: Page 53 of 62 Packet Pg. 72 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public t0 building or public work, may not submit bids on leases of real property to public entity, may not be 4- awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the 0 threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 0 (Signature) 0 Date: i STATE OF: U i U) COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: CY c� Page 54 of 62 Packet Pg. 73 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: 0 U Address: - City: State: Zip: 0 Phone Number Email Address: CL CL 76 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above U) in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may Ui subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the 0 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 of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies 76 with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. c� Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: WCY Note: The List are available at the following Department of Management Services Site: ht�aJ/www.dims,im tlloiiriida.coir n/lianusliiiness o sail atii01] Istate �nuii cllnasliiin ��reiin oil liiintoii ii rnatiioiin�coiinw lic e anus aeiin .....................................................................................................y...............................................................................................................................................�................................................................................................II..........................................................2.......................]..............................i.........f...................................i.......................................................................................................i.f..................... . . ........ .ii. . p.:iili rnii„ii 211y......... 211 rn..�:all iill ........w 11 211:........11ii is c� Page 55 of 62 Packet Pg. 74 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 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: c� 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member t0 of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 4- 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, > 0 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 76 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this 0 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 i $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each U 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. Signature of Contractor's Authorized Official c� Name and Title of Contractor's Authorized Official Date CY c� Page 56 of 62 Packet Pg. 75 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 DISCLOSURE F LOBBATN Ap'°FR']i1'IE ut+dpLE71=sFOOMTZIP 1115" "LDU1.41BBYi;G.U11.rVk SFLT&;f�,Y.,kN7TD3 2 US, ,2.,ix L Status oi"'Federal Ac iaur Report Type: 1,rorArmrt h d L b imta�2 aamarazi to mizerial clummme, . coo :arlive a ee,=' t r.. past air "i d. low For 1 Nerr Clusaage ml'r:; e. rtee e,aar qm `r ff: ]Dail aw °4°° a Date off d,mt repurE 0 0 F®ter Name a<md Address Prime: T�iFz, nmom 0 an. em ,re~inual Distrkt„if 6mawn Cumgre a ma'll District,;ff kwwn � 6. Federal Depart nor_ mrT 7'.. Federal Pmgam NameiDi2sirripbow, �I DA'Number,if ipplirad' 5a_ Fede 's]Ar: m-Namber,iftnimm 9.. Award Amamaat;,LffImowm-; 0 10. a Naaame andAddresr ayff'Lobby Fm1m r b.. Indhidu is Perdarmizig Sm7kes (mchdimf, 0 a ff irwdhidual,11 i mamp,&rt d : � ea ffe rra 1"r+ ]aim) d Im name,flirt rae .,. ), I (art°arh colltmuntim s1aeer(s),°afra :izzy) uI 11. Amousid Pay":ment fthwK kill t rwt pfr '' 13. Type aff.p eeat iCb `p th, t pl,F,)° ❑arrnaal ❑ptaa n 3. r0,Aber ❑ b, pane-d e 11. Farm of"PCash a ":mt( 'b �k a1]that apply. r:, cr�rmt niisriou nd. r t.agent ❑ b u - . ra dared: �p�raff�e. ametwmr� e ,d. V,32 a ff: Other, 3pecify 14. nd,11e rripati'en,et Bemires Pe;rffDTmed oT to be performed and' at s)of k"e.„rmr1' m &131uCZP(5)�,,e 7;p d, hair member(s)camdacte4 fftar Psymamt I dicalid iu Rem 11:. (am a�;ou^aamauardm Sbaetls °affnererisary 15: Yes No. � Il . 1"E=boo '—wita thrmagh this,Er a s amffi,axind b7r LL , pa- =t wa:3.2 U"",i'.1352, MI�i mu�iai®Will bD 1�T9mi;P:Name: w to CemF;yn,vw rL+a�ar=937 amd will ,w public Fra clan 1 Alm,p a zm who d a3,17;to Ek p Y wic;&_Osa 132 by-rdbyact.to I ssm3 pmaky DEmat k".o tkim E SIG)''Y30 era =om;timm 11 004N"far gawI rrmch fiflhzg Teleph e No.: Date: Cy Aulim ed ffas Local RAprmd.xbwa 2 Packet Pg. 76 - c PAR' ZiCOaNT C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. t) 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the 0 outcome of a covered Federal action. 2. Identify the status of the 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 CL CL information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the 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. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal(RFP)number, Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. I (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). 2 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 LO apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the 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. 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 Ey 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 I suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project CY (0348-0046),Washington, D.C.20503. SF-LLL-Instructions Rev.06- ; 04-90<<E N DI F» 2-6d PART 2/COUNTY c5 Page 58 of 62 Packet Pg. 77 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employers' Liability Insurance $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits t0 $100,000 Bodily Injury by Disease, each employee 0 General Liability, including $300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $100,000 Combined Single Limit (Owned, non-owned and hired vehicles) If split limits are preferred: 0 $50,000 Per Person $100,000 Per Occurrence $25,000 Property Damage Professional Liability $500,000 per Occurrence i $1,000,000 Aggregate U i U) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance 0 requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million i per occurrence pursuant to Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. c� Page 59 of 62 Packet Pg. 78 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans 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 theCOUNTY's behalf. 0 The first ten dollars($10.00) of remuneration paid to the Contractor is for the indemnification provided U for the above. 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. i RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 0 U) Respondent Signature i U i U) 0 2 c� c� i c� Page 60 of 62 Packet Pg. 79 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. 49 c� POLICY DEDUCTIBLES 0 c, 4- 0 0 i Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: i c, i U) 0 2 c� CY c� i c� Page 61 of 62 Packet Pg. 80 C.1.a REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: 49 Respondent: 0 U 4- Contract for: Address of Respondent: 0 Phone: Scope of Work: Reason for Waiver: U) Policies Waiver will apply to: Signature of Respondent: �i 0 Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE c� Page 62 of 62 Packet Pg. 81 4u9wdoj8A8p8M aumoisuosiamor ato joi mjwOof nOadd ) jpd 49aqS uoi4ei n ' :4u9wgo U N co T♦ V n. Q� J4 U RS N p. S } Z } h O z O�G O a W W Q .� W w m U O U. :- W o o 0 o � W W 4- a T _6 W p C7 a V Z ZWH �� 'o, W M Z U Z H W H W W = Q W x '.4 O a L W Z N C G 7 1 0 4 Q O N W W o 0 0 ~ ZQO GW �o W �..� Jrl ZGO } QW � Q_=' mVIQ— n QWQ OG OG Z a ¢ 30 Z � a Q V W O U) o �, G m v � L Z a; U _ - uj _ } o V U 0 Q H Q o > o z U) J w (1) rn Q � co O o � •� u O a o D � wCL°° a `n Q O � °es L tn W � 4- O 4- •> ¢ a °s o CL } V N CL N U J W 4- J 4-- N i0 m } O U LL F1 cn >,11-- w -a O Q 0 O L � N O m H (j) m ACoRo® CERTIFICATE OF LIABILITY INSURANCE FDA�TE0C.1.d 02/08/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. f) 0 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of O this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). U) PRODUCER CONTACT U) NAME: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ext: (786) 930-4795 A/C,No): (786) 930-4799 06 E-MAIL ZD- Miami Springs FL 33266 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:The Phoenix Insurance Company 25623 INSURED (305) 296-1347 INSURERB:Travelers Cas & Surety Co 19038 Bender & Associates Architects, P.A. INSURERC:Travelers Property Casualty of 25674 410 Angela Street INSURERD: Liberty Insurance Underwriters 19917 Key West FL 33040 INSURER : 0- INSURER F COVERAGES CERTIFICATE NUMBER:Cert ID 17645 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP > LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C DAMAG CLAIMS-MADE X OCCUR Y 660-8178X318 02/10/2023 02/10/2024 1 R E M SES(a.N.Nmnce $ 1,000,00C MED EXP(Any one person) $ 5,00C PERSONAL&ADV INJURY $ 1,000,00C 0- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,00C POLICY[X] JECTPRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,00C O 881 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,00C * ANY AUTO Y 660-8178X318 02/10/2023 02/10/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ U C X UMBRELLALIAB X OCCUR CUP-4K489840 02/10/2023 02/10/2024 EACH OCCURRENCE $ 2,000,00C EXCESS LAB CLAIMS-MADE AGGREGATE $ 2,000,00C DED X RETENTION$ 10,000 $ () B WORKERS COMPENSATION Y/N UB-OK197735 02/10/2023 02/10/2024 X STATUTE ER PER H O AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 11 000,00C (O OFFICER/MEMBER EXCLUDED? F_N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00C Ifyes,describe under 1,000,00C DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ CL CL D Professional Liability AEXNYAB62TB003 02/10/2023 02/10/2024 Each Claim $ 2,000,00C Claims Made Basis Policy Aggregate $ 3,000,00C CN DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If required by written contract, Monroe County Board of County Commissioners is an additional C14 insured, excluding professional services, on the General & Auto Liability. CL 16K ,- as DAB 2�14 2 3_ CERTIFICATE HOLDER CANCELLATION tWAMM W"," ®I t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Project Manager 1100 Simonton St., AUTHORIZED REPRESENTATIVE Roo Key mWest 6FL 33040 V vJh,�i( ` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 83 Page 1 of 1 C.1.e AGREEMENT FOR Professional Architectural and Engineering Services for Jefferson Browne Redevelopment 0 This Agreement ("Agreement") made and entered into this 23rd day of March 2023 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 U Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 76 0 AND Bender&Associates Architects, P.A., a Florida For-Profit Corporation, whose address is 410 Angela Street, Key West, FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to g' provide Professional Architectural and Engineering Services for Jefferson Browne Redevelopment (the "Project"); and WHEREAS, CONSULTANT has agreed to provide professional services which shall include i but not be limited to providing: concepts, construction drawings and specifications, all documents required to submit applications for and secure all permits necessary to complete the project and 0- holding a minimum of two informational hearings with the public and monthly project meetings with the tenants for the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 0 ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES 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; 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 E limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and Page 1 of 32 Packet Pg. 84 C.1.e comply with all applicable law, codes and regulations. The CONSULTANT warrants that the C 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 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. 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 c) professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules 76 and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, i in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this Agreement. ARTICLE II SCOPE OF BASIC SERVICES U) 2.1 DEFINITION 0 The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The 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 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 4- 2.3 NOTICE REQUIREMENT 0 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: E c� Page 2 of 32 Packet Pg. 85 C.1.e Mr. Cary Knight. C Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 U 4- 0 And: County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 CL For the Consultant: David Salay, LEED AP, NCARB Principal Architect and Partner 410 Angela Street Key West, FL 33040 i Notice is deemed received by the 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. ARTICLE III ADDITIONAL SERVICES 0 E 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 4T 0 0 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. Page 3 of 32 Packet Pg. 86 C.1.e 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect C to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 0 U 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S 76 services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 0 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the 76 CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY g harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 0 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 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 the CONSULTANT shall 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. E c� Page 4 of 32 Packet Pg. 87 C.1.e 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance C requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTY and State of Florida, Department 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 U intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(County) Agency's sovereign immunity. ARTICLE VI PERSONNEL 6.1 PERSONNEL �I 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 i individuals will perform those functions as indicated: 0 NAME FUNCTION David Salay Principal Architect and Partner 0 Haven Burkee Architect and Partner Ana Catalina Alvarez Associate U) So long as the individuals named above remain actively employed or retained by the CONSULTANT, 0 they shall perform the functions indicated next to their names. If they are replaced, the 2.1 CONSULTANT shall notify the COUNTY of the change immediately. en ARTICLE VII COMPENSATION 0 L_ CL 7.1 PAYMENT SUM 0 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in Attachment B, or the Total Not to Exceed Amount of Two Hundred, Thirty-One Thousand, One Hundred Seventy-Two and No Cents ($231,172.00). This amount includes $4,300.00 in reimbursable expenses. c� Page 5 of 32 Packet Pg. 88 C.1.e 7.2 PAYMENTS C 0 U) 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. (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; 0 U (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the 76 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 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. g' i 7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the i maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. The 0 budgeted amount may only be modified by an affirmative act of the COUNTY's Board of 2.1 County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 0 ARTICLE VIII 0 INSURANCE E 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. c� Page 6 of 32 Packet Pg. 89 C.1.e 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: a VI or better, that is licensed to conduct 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. 0 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to c) respond to Florida Statute 440. 0 B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including 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 $500,000 Combined Single Limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries g' 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 i Contractual Liability Endorsement with $500,000 Combined Single Limit. 0 An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the acceptance of work by the COUNTY. U) 0 c� E. Professional Liability insurance of $500,000 per occurrence and $1,000,000 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 4- liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. E c� Page 7 of 32 Packet Pg. 90 C.1.e H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all C insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. c� ARTICLE IX 0 MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 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. 9.3 SUCCESSORS AND ASSIGNS i The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES 76 Nothing contained herein shall create any relationship, contractual or otherwise, with or any a rights in favor of, any third party. 0 9.5 TERMINATION 0 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. 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. Page 8 of 32 Packet Pg. 91 C.1.e C. Termination for Cause and Remedies: In the event of breach of any contract terms, the a COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two(72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds c) the funds remaining in the contract; however, the COUNTY reserves the right to assert 0 and seek an offset for damages caused by the breach. The maximum amount due to the 76 CONSULTANT shall not in any event exceed the spending cap in this Agreement. In 0 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 the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the 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 i contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0- E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines 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 0 demonstrate the agency's determination of false certification was in error pursuant to 2.1 Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of$1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the U, CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Page 9 of 32 Packet Pg. 92 C.1.e Form of Agreement as a part of this Agreement, and attachments "A: Consultant Scope Of C Services" and "B: Hourly Rates", and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 0 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 U repair of a public building or public work, may not submit bids on leases of real property to 0 any public entity, may not be awarded or perform work as a contractor, supplier, 76 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, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. i In addition to the foregoing, the 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 i formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted 0- vendor list. 0 The 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. U) 0 c� 9.8 MAINTENANCE OF RECORDS The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement or for a period of five years from the submission of the final U, expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor 4- employed by the COUNTY or Clerk determines that monies paid to the 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. c� Page 10 of 32 Packet Pg. 93 C.1.e Right to Audit C Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as U "County Clerk") to substantiate charges related to this Agreement, and all other agreements, 0 sources of information and matters that may in the COUNTY's or the County Clerk's 76 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 the COUNTY's representative and/or agents of the County Clerk. The 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, 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 COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated i 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. 0 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 0 that any cause of action or administrative proceeding is instituted for the enforcement or 2.1 interpretation of this Agreement, the COUNTY and the CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the U, circuit court of Monroe County. 0 9.10 SEVERABILITY 0 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 the CONSULTANT agree to reform the Agreement to replace Page 11 of 32 Packet Pg. 94 C.1.e any stricken provision with a valid provision that comes as close as possible to the intent of C the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and the 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. c) 9.12 BINDING EFFECT 76 0 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Agreement to legal counsel of its choice and enters into this Agreement freely, voluntarily and with advice of counsel. 9.14 CLAIMS FOR FEDERAL OR STATE AID i The CONSULTANT and the 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 The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of 2.1 the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17, Paragraph 9.20, Paragraph 9.21 and Paragraph 9.22 concerning termination or cancellation. U, U) 9.16 COOPERATION In the event that any administrative or legal proceeding is instituted against either party 4- relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the 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. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. c� Page 12 of 32 Packet Pg. 95 C.1.e C 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT and the 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. The 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 VI1 of the Civil Rights Act of 1964 (PL 88-352), which prohibits U discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) 0 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 0 Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil 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 11, which prohibits i 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 0- nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ 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 U, 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. c� Page 13 of 32 Packet Pg. 96 C.1.e 2) The CONSULTANT will, in all solicitations or advertisements for employees C 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 c) of other employees or applicants as a part of such employee's essential job 0 functions discloses the compensation of such other employees or applicants to 76 individuals who do not otherwise have access to such information, unless such 0 disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representative of the consultant's commitments g' 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 i September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0- 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, 0 and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted U, 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. 0 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every 0 subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect Page 14 of 32 Packet Pg. 97 C.1.e to any subconsultant or purchase order as the administering agency may direct C 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. 0 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and c) shall not acquire any interest, which would conflict in any manner or degree with its 0 performance under this Agreement, and that only interest of each is to perform and receive 76 benefits as recited in this Agreement. 0 9.19 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. i 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its i behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the 0- 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 0 recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and the 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 the COUNTY in connection with this Agreement; and the COUNTY Page 15 of 32 Packet Pg. 98 C.1.e shall have the right to unilaterally cancel this Agreement upon violation of this provision by C the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. The 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 the 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, t0 Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction 8 with this contract and related to contract performance. The COUNTY shall have the right to 76 unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: i (1) Keep and maintain public records that would be required by the COUNTY to perform the service. 0- (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 2 (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 76 contract if the Contractor does not transfer the records to the COUNTY. U) U) (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the 4- 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 Page 16 of 32 Packet Pg. 99 C.1.e custodian of records, in a format that is compatible with the information C technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 0 c, 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 0. 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. 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. en IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 1 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF 0 PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIANf C - L. " V, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. U) 0 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 insurance g pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for 0 waiver. 0 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 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 E of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Page 17 of 32 Packet Pg. 100 C.1.e C 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 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. c� 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. 0 c, 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. 0 9.27 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION i CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the 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 0 increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit 2.1 costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY U) No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 18 of 32 Packet Pg. 101 C.1.e a 0 U) 9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and the CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321, as set forth in detail below, applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority i businesses, women's business enterprises, and labor surplus area firms are used whenever possible. i (b) Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; a 0 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; 4T 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. 0 9.32 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Page 19 of 32 Packet Pg. 102 C.1.e CONSULTANT and any subconsultant shall register with and shall utilize the U.S. C Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the 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. U U 76 9.33 FEDERAL CONTRACT REQUIREMENTS 0 The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as amended, including but not limited to: 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). The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended 9' (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the i appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts i 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 0 assistance provided by FEMA/Federal agency. The CONSULTANT agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in a turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 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 2.1 Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part g 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONSULTANTS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 0 In addition, CONSULTANTS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination E issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Page 20 of 32 Packet Pg. 103 C.1.e Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port C 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 CONSULTANTS, 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 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 CONSULTANT or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, U 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 76 the Federal awarding agency. (1) The CONSULTANT shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subconsultant to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination i of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 0- 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 during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular 0 payment date of the payroll period, to a representative of a Federal or State agency 2.1 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 awarded by the COUNTY in excess of $100,000 that involve the U, 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 work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 21 of 32 Packet Pg. 104 C.1.e C 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 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. U 4- 0 (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 contractor and 0- any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor 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 (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 (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the i Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractorunder any such contract 0- or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (2) of this section. 2.1 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Paragraphs (1) through (4) of this U, section. 0 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 0 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. Page 22 of 32 Packet Pg. 105 C.1.e 9.33.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award C 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 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocurement Debarment and suspension)SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be U accessed at www.sam.gov. Contractor is required to verify that non 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. 0 §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 transactions. i 9.33.6 Byrd 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 tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with 0 obtaining any Federal award. Such disclosures are forwarded from tier to tier up to 2.1 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. The CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA) at 40 CFR, Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the CONSULTANT shall make Page 23 of 32 Packet Pg. 106 C.1.e maximum use of products containing recovered materials that are EPA-designated C items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or c� (3) At a reasonable price. 0 U Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement®guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.33.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR�200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, covered telecommunications equipment is i telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 0- (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 0 2.1 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director U, of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 0 9.33.9 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: Page 24 of 32 Packet Pg. 107 C.1.e (1) "Produced in the United States" means, for iron and steel products, that all C manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 9.33.10 Americans with Disabilities Act of 1990 (ADA), as amended. The CONSULTANT will U c, comply with all the requirements as imposed by the ADA, the regulations of the 0 Federal government issued thereunder, and the assurance by the CONSULTANT 76 pursuant thereto. 0 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. 9.33.12Program Fraud and False or Fraudulent or Related Acts. The CONSULTANT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. i 9.33.13 Access to Records. The following access to records requirements apply to this contract: 0- (1) The CONSULTANT agrees to provide MONROE COUNTY, the FEMA Administrator, 0 the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 0 2.1 (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being U, completed under the contract. 0 (4) The CONSULTANT and its successors, transferees, assignees, and subconsultants 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 a. Cooperate with any compliance review or complaint investigation conducted by DHS c� Page 25 of 32 Packet Pg. 108 C.1.e b. Give DHS access to and the right to examine and copy records, accounts, and C 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. c. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.33.14No Obligation of Federal Government. The CONSULTANT acknowledges that the U Federal Government is not a party to this contract and is not subject to any obligations 0 or liabilities to the COUNTY/non-Federal entity, contractor, or any other party 76 pertaining to any matter resulting from the contract. 0 9.33.15 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 9.33.16Changes to Contract. The CONSULTANT understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and the CONSULTANT. 9.33.17Compliance with Federal Law, Regulations, and Executive Orders. The i CONSULTANT acknowledges that, if FEMA financial assistance will be used to fund the contract, the CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 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-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:htts://www.monroecounty-fl.gov/fdemgrantagreement 9.35 The CONSULTANT shall hold the Division and County harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. U) U) 4T 0 0 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW E c� Page 26 of 32 Packet Pg. 109 C.1.e C D t) IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA c� By: By-_ 0 As Deputy Clerk Mayor/Chairperson 8 D Date: Date: CL CL MONROE COUNTY ATTORNEY'S OFME APPROVED AS TO FORM S'FAC "F COEJN�*�"A O ' DATE: A'YN LEV, ,S Notary Puolic o : of Fpoorda ds (Seal) - Commission u H''I s Q95 CONSULTANT: Attest: °"'" '"`` tiny cMay 0 °C wires BENDER &ASSOCIATES ARCHITECTS, P.A. """,", W i Signature: Signature: � ass i Name: . Name: avid Title: 1 is ►' Title: Architect/ Partner � D Date: 3-7- Date: 7 Mar 2023 t) 0 c� END OF AGREEMENT 76 c U) t) D L- CL - D c� Page 27 of 32 Packet Pg. 110 C.1.e ATTACHM ENT A C Consultant Scope of Services 1.0 SCOPE The intent of the project is to demolish the Jefferson B. Browne Building (JBB) located at the corner of Fleming and Whitehead in Key West and replace the building with a campus mechanical and support building. The JBB consists of a four-story front building facing Whitehead Street built in 1968 and a four-story side addition built in 1986 forming and "L" shaped structure. Adjacent to these buildings to the southwest and attached to the 1968 U building is a remaining section of the 1892/1910 historic sheriff residence and jail currently under restoration to become a museum. These buildings will need to be protected. The chillers (2) on the roof of the 1986 building provides chilled water to all buildings on the 0 campus except the Lester building on the southeast corner of the block. A communications tower located on the 1968 building is being relocated by the sheriff's office and not considered part of this project but must be relocated before demolition can proceed. The Aqueduct building and water tanks on the southwest corner of the block and along Thomas Street are not part of this parcel, not part of this project, and will not be used for laydown. The project and subsequent plans produced will require a temporary chilled water service to all buildings currently served by the existing roof mounted system during demolition, construction of the new structure, and eventual demobilization of the temporary chilled water plant. Backup power may be provided by the 1 M generator in the Freeman Justice Building or by a mobile unit to be determined during programming. A new mechanical building will be designed in the reduced footprint of the 1986 building following historical guidelines. The approximately 5600 square foot two story building will provide space for the chillers and i cooling towers, a small facilities maintenance space, and a fiber and IT room serving all County buildings on the campus. The method of construction will be Construction 0- Management at Risk (CMAR) and the CONSULTANT is expected to collaborate in a professional and productive manner with the CMAR. The CONSULTANT will perform all required research, studies, testing, geo technical, surveying, and any other necessary information gathering activity for effective programing, assistance with CMAR bidding and assessment, schematic design (SD), design development 0 (DD) and independent statement of probable costs. The selected firm will have access to 2.1 County best practices and standards but will develop unique OPR & BOD documents for this project. Construction of County buildings must adhere to Florida Green Building Coalition (FGBC) standards. Final submission to FGBC is not required. The CONSULTANT will be required to coordinate with, but not limited to, the City of Key West Planning Department, Historical Architectural Review Commission (HARC), and Building Department to produce plans that are approved, accepted, and permitted. This may require in person public meetings as needed. CONSULTANT shall utilize its experience with the City of Key West to achieve beneficial results relative to efficient and timely design. Progress on 4- work will be reviewed at normal intervals during programming, SD, and DD. Revisions to produce acceptable plans are the responsibility of the CONSULTANT as well as resolving clash detection or other conflicts. The CONSULTANT shall ensure proper coordination between its design professionals and consistency across plan sections. The area of work is within a NRHP Historic District, physically attached to and adjacent to historic properties on the oldest platted section of Key West and has extremely limited available Iaydown areas. Coordination with applicable federal, state, and local agencies, Page 28 of 32 Packet Pg. 111 C.1.e commissioners, advisory bodies, and the concerned public should be anticipated throughout C the design phase of this project. 2.0 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. c� The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functionsin accordance with the schedule and delivery c) requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and - specifications included below: 76 0 3.0 SCHEDULING REQUIREMENTS 3.1. Baseline Schedule 3.1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 3.2. Monthly Schedule Update 3.2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY i on or before the fifth (5th) day of each month. 3.2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 3.2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is 2.1 not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 4.0 EVALUATION OF SCHEDULE REVIEW AND ASSESSMENT RESULTS U) 4T 4.1 The COUNTY will evaluate the schedule review and assessment results as reported by 0- the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to 0 the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Agreement, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 5.0 COUNTY INTERCESSION c� Page 29 of 32 Packet Pg. 112 C.1.e 5.1 The COUNTY reserves the right, but does not assume the obligation, to intercede at C any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such actions on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 0 6.0 PROJECT DEVELOPMENT PROCESS 6.1 Preconstruction activities should at a minimum include the following elements as c) applicable: 0 PROJECT DEVELOPMENT PROCESS 0 CL Milestone CL Task Name Comments Date Design Contracting Phase Issue Notice to Proceed 4/1/2023 Design Phase TBD Programming �I Schematic Design Design Development 30% Construction Documents 60% Construction Documents 90% Construction Documents Permit Phase TBD Permits Approved Bid Set for GM - 100% CDs GMP Bid Support Construction Administration TBD Commissioning TBD Closure and Acceptance TBD Procurement of CMAR Support (Acquired TBD During Programming) 4T 0 6.2 The duration of the Agreement should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 7.0 COST ESTIMATING REQUIREMENTS 7.1 Baseline Cost Estimates E 7.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review project cost estimates provided by the CMAR for high level review Page 30 of 32 Packet Pg. 113 C.1.e and provide recommendations for any refinements, changes, and C revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and review with CMAR. 7.2 Cost Estimate Updates 0 7.2.1 The CONSULTANT will review the CMAR generated cost estimate at 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project U as defined in this Contract for the CONSULTANT'S opinion on price 0 reasonableness. The CMAR's final Opinion of Probable Cost will be in a > format suitable for submittal as a Phase I deliverable by the COUNTY to HMGP's technical review team. END OF ATTACHMENT A i i 2 U) U) 4T 0 0 E c� Page 31 of 32 Packet Pg. 114 C.1.e ATTACHMENT B C Consultant Hourly Rates JOB CLASSIFICATION HOURLY RATE Principal Architect $240 Architect $180 Admin. Assistant $90 0 c, i i 2 76 U) U) 0 0 E c� Page 32 of 32 Packet Pg. 115 TAB 6 F-C-Tf-] COUNTYFORMS 0 U) U) RF'QUESTFOR QUALIFICA-1-IONS FOR PROFESS ONAL ARCHH]"CTURAL AND UN(UNFER[NG St,"RVICES [U,J-)FVFL0111V1FNT 06 SECTION FOUR: UNTY FORMS SUBMISSION RESPONSE FORM 0 CL RESPOIND TO. to ONROIE COUNTY BOARD OF COUNTY COMMISSIONERS clo,PURCHASING DEPARTMENT GATO BUILDING, ROOM:2-213 E CL 1100 SIMONTON STREET 0 6 KEY WEST, FLORIDA 33040 > I acknowledge receipt of Addenda No.(s) N/A .......................... 1 have included: Subinission Response 0 Form V Lobbying and Coriffict of Intc;est,5ause V o Non-Coksion Affidavit 0 Drug Free Workplace Fonn V E PUbkc Entity Crime StateniJit Vendor Certification,Regarding Soft tin ed Coirnpainies Lists V * Respondent's Insurance and inderninificafion Staten'ient'. * Insurance Agent's Statement(signed by agent) In addition, I have included a current copy of the following professional and accupational licenses: 0 David Salay AR97145 V Bender&Associates, State of Florlda Corporation V U 4- 0 Check mark Items above,as a remii inder that t6Ne� ��rcr Inct Mading Addrew 410 Angela Street Telephone�.305-296-11347 0 ...... CL CL Key Wes,t, FL 33040 Fax < U) -Date 7/14/2022 E 0 Signe'd Witness: U- (Seal) David Salay 0 ............. U (Nan'ie) Vice President (Title) 11 age 50 i�i f 6 2 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 116 TAB 6 COUNTY FORMS O REQuEs,r FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTuRAL ANO rNGINFERING 0 SERVICES FOREFFERSON BRO WN E REDEVELOPMiwr U ........... ............... 06 LOBBYING AND CONFLICT OF INTEREST CLAUSE O SWORN STATEMENT UNDER ORDINANCE NO.010-1990 O MONROE COUNTY,' LORIDA ETHICS CLAUSE 0 Bender&Associates Architects, PA (Company) E CL .2 ... warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0110-1990, For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or 0- employee". 0 O Z ti- (Signature) U Date: O STATE OF: &Ly,IdL 0 L) COUNTY OF: ffij)laUe_ 4- 0 Subscribed and swom to(or affirmed)before me, by means of ff physical presence or 11 online 0 notarization,on (date) CL CL by--k&V-LA 45a" (name of afflaint). HelShe i(jers.onall lnow�" U) E to me or has produced (type of identification)as identification. 0 U- NOTARY PUBLIC 0 (SEAL) My commission expires:. rvL I) O AYN LEWIS qp Notary Pubilic•Stale of Florida Con'rnisswon 4 H,H 8 139.5 Page 51(11,62 My commi5sion Expilre's Sri.1110 May 02,2025 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 117 TAB 6 COUNTY FORMS O REQUEST FOR QUALIFICA"noNs FOR PROFESSIONAL ARCHIrECTURAL AND ENGINFFRING 0 SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT U) U) NON-COLLUSION AFFIDAVIT O David Salay of the city Key West, FL according to law on my oath,and under penalty of perjury,depose and say that: 1 lam Vice President of the firm of Bender&Associates Architects, PA the proposer making the Proposal 0 for the project described in the notice for calling for L_ CL proposals fors Professional Architectural and Engineering Services for Jefferson Browne Redevelopment O and that I executed the said proposal with full authority to do sol- E CL .2 2. The prices in this proposal have been arrived at independently without collusion,consultation, 0 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 0 1 Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed 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 0 L_ competitor; and M 9= 0 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 5, The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the, truth of the statements contained in this affidavit in awarding tracts for said project. Y1,4 A Z. (,Signature if user) (Date) 0 U 4- 0 STATE OF: (Qf ta, COUNTY OF: o8m(Ge. 0 CL CL Subscribed and sworn to(or affirmed)before me, by means of A'physical presence or 0 online < notarization,on (date) U) E by_-, JSh<js�personally knot L_ (name of affiant), He 0 u_ to me or has produced (type of identification)as identification. NOTARY PUBLIC 0 U (SEAL) My commission expires a oa! AYN LEWIS j� Notary Public-Slate of Florida Page 52 of 6�2 Commission#HH81395 My Commission Expires May 02,20,25 Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 118 TAB 6 COUNTY FORMS O REQL EST FOR QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING 0 SERVICES FOR JEFFERSON BROWNE REDEVELOPMENrl' U) ............... U) DRUG-FREE WORKPLACE FORM The undersigned vendor in,accordance with Florida Statute 287.087 hereby certifies that: Bender&Associates Architects,PAO (Name of Business) 1A Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohijbited in thee workplace and specifying the actions that will be taken against employees for violations of such prohibition. 0 2. Informs employees about the, dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, E CL 3, Gives each employee engaged in providing the commodities or contractual services that are under .2 0 proposal a copy of the statement specified in subsection(1). > 4, In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terims W 0 of the statement and will notify the employer of any conviction of,or plea of guilty or noto contendere 9= to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United 3: States or any state, for a violation occurring in the workplace no later than five(5) days after such 0 conviction. 0 5, Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,, or any employee who is so convicted, 6, Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fir complies fully with the above requirements. Proposer' ignature 0 U 4— 1 9 6 0 — Date 0 L_ STATE OF: V1Q,riAA_ CL CL COUNTY OF': Mninipa < U) Subscribed and sworn to(or affirmed)before me,by means of 2(physical presence or 0 online notarization, E 0 onl _(date)by _DoAig� (name of affiant), He/She is U_ (!!!!:nbilykoLy�n G "has produced (type of identification)as identification. 0 U NOTARY PUBLICfo (SEAL) My commission expire& oa fo • Aver VIS Page 53 o f 62 Notary PL!bljC:-Sta?e of Fhuirja Comm ssion 9 HH 81395 qp My Cor nrnpssGon Expires E M oy 02,20:2 5 Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 119 TAB 6 COUNTY FORMS O REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ARCIIII'FCTURAL AND ENGINEERING 0 SERVICES FOR XFFERSON BROWNE REDEVELOPMENT U) ......................... .................... U) 06 O PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public 0, building or public work, may not submit bids on leases of real property to public entity, may not be CL awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a 9= contract with any public entity,and may not transact busiiness with any public entity in excess of the 0 E threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period CL of 36 months from the date of being placed on the convicted vendor list."' .2 O I have read the above and state that neither Bender&Associates Architects,PA (Proposers name)nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36)months. 0 (Signature) 0 Date: C IZ,9122 as O STATE OF: V1 D,( COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of K.Kphysical presence or 11 online 0 L) 4— notarization, on 3W�e_ 19"n-na,2, (date) 0 by 0 DIN id 54d, (name of affiant), He/She i nil known CL CL to me or has produced (type of identification)as identification, < U) 0 E L_ NOTARI?PUEOLt 0 U_ (SEAL) My commission expires: !S.-Q-Q0W5 0 K U "J95 Ay �%Nwwy Pub H 8 -1 n E.,Iae, 2 N LEO' Comrnission#HH813 5 MY commimon Expaes May 02,20 2 5 0) Page.54 of'62 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 120 TAB 6 COUNTY FORMS REQUEST FOR QUAIA FICA TIONS FOR PROI-ESS1ONAL ARCHITLiCTURAL,AND ENGINEERING SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 U) U) VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS < 06 O Project Descriptiol Architectural and Engineering Services for Jefferson Browne Redevelopment Respondent Vendor Name: Bender&Associates Architects,PA Vendor FEIN: 65-0233075 Vendor's Authorized Representative Name and Title: David Salay,Vice President and Prindpal Architect Address: 410 Angela Street 0 City: Key West State: Florida Zip: 33040 L- - CL Phone Number 305-296-1347 Email Address: info@benderarchitects.com O CL Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering .2 into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the > company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of $sraeL Section 287.135, Florida Statutes, also prohibits a W 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&215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above 0 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 more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies 0 with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or U Syria. 4- 0 0 Certified By: David Sala who is authorized to CL sign on behalf of the above referenced p impany, CL r < Authorized Signature: V I- A A U)E Print Name" VAVI L- 0 Title: Vice President and Pl ArchArchitectu- Note:The List are available at the following Department of Management Services Site: 0 p c,z lucfums Mi(-L ve dor i U q 16 q deed discrii-nir'sataly pum psinn1t§,_yendor listO O Page 55 of 62 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 121 TAB 6 COUNTY FORMS O REQUEST FOR QIJAI,IFI(,,A'F[ONS FO4 R PROFESSIONAL ARCHITECTURAIL,AND ENGIB EXI-RING T U SERVICES FOR JEFFERSON BRO�WNE REDEVELOPW',NT 0 U) U) APPENDIX A."C.F.R. PART 18—CERTIFICATION REGARQIN9�LQ88YING 06 (To be submitted with each bid or offer exceeding$100,,000) Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to ca any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 0- connection with the awarding of any Federal contract,the making of any Federal grant,the making of CL 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, E CL 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for 0 Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, > an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"'in accordance with its instructions, 1 The undersigned shall require that the language of this certification be included in the award 0- documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements)and that all subre,cipdents shall certify and disclose accordingly. This certificabon is a material representation of fact upon which reliance was placed when this 0 transaction was made or entered into. Submission of this ce6fication 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, The Contractor,Benders Aswdak%Aschftcts,PA , certifies or affirms the truthfulness and accuracy of each; statement of its certification and disclosure, it any.In addition, the Contractor understands and agrees that the provisions of $1 U.S.C. Chap. 38, Administrative di 7 Remedies for False Cl ' s and Statements,apply to this certification and disclosure,if any, 10, 0 U ...............- 4- SjgnatwW—oftdhtK or's Authorized Official 0 �, 7 VdN '@ David Salay,Vice Pre and Phridpal Archilect 8 z > 0 Name and Title of Contractor's Authorized Official Date CL CL U) E 0 u- 0 U O O Page 56 of 62 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 122 TAB 6 COUNTY FORMS 111 OUFS] FOl!t Q 1� AL.l WX1`10NS i"OR PRO Ft,'SSIOrNAf,A4tCH ITECTURA1, A 1) 6'aNt" INEER,'ING O e ponde rt' Insurance anc a and tide ifirt rry ic°t tion Statement 0 U) 06 Insurance Requirement Required,Limits O Worker's Compensation Statutory Limits 9= Employers' Liability Ilrmsurance 10p0,000 Bodily In�juiry by Accident w{➢w5�.10 p0 ,01, 0101 0 Bodily Injury by Disease, policy llrmmts a_ $10!0,0010 Bodily Injury by Disease, each employee O ~general Liabiliity, including $300,000 Commbned Siingle Limit 0 Premises Qperaition CL Products arid Completed Operations Blanket Contractual Liability 0 Personal Injury Liability C, O Business Automobile Liability $100,000 Cormbined Single Limit y (Owned, non-owned and haired vehicles), If split limits are preferred_ � 501,Qltltl Per Person °010,Utfg Per Occurrence O $25,0001 Property Damage Professional Liability $500,0010 per Occurrence 0 1,000,0001 Aggregate Hold) Harmless, Indemnification, and 'Defense. Notwithstanding any rmnnnnmrurn insurance � requirements prescribed else whuere in this Agreement, Contractor shall defend, iindernnify and hold the COUNTY and the OUNTY's elected and appointed officers,and eirmployees harmless fromm and against (i) any, claims, actions or causes of action, (il) any lltiga�tuon, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (6InClruding death:), loss, � damage, fine, penalty or business interruption, and(iiii)any Costs or expenses that may be asserted against,initiated with respect to,,or sustained by,any indernnified party by reason off,or in connection � withi, (A) any activity of Contractor or any of its eump�loyees,, agents, Contractors or other inviteesU during the terms of this Agreement, (B) the negligence or recklessness, intentional wrongful O misconduct, errors or other wrongful act or onmitssion of Contractor or, any of Its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the oblligations that 0 it Undertakes under the terrns of this Agreement, except to the extent the claims actions causes of uL action, Litigation, proceedings, costs or expenses arise froirr the intentional or sole negligent acts or O, omissions of the COUNTY or any of its employees, agenit6, contractors or invitees (other than Contractor). The monetary limitation of Iluability under this contract shall be iriot less than $1 million U) per occurrence pursuant to Fla. Stat Sec. 725,06. Insofar as the clanrns actions, causes of actions, lifmgatuon, proceedings, costs or expenses rebate to events or circumstances that occur during the U- terrnm of this Agreenment, this section will surviive the expiration of the term of this Agreement or any earlier termination of this Agreement, O U Pantuc 59 of 62 O O 4i O c� Monroe County Professional Architectural and Engineering Services for Jefferson Bro Packet Pg. 123 TAB 6 COUNTY FORMS O REQUEST FOR QUAI JFICATIONS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING T U SERVICES FOR JEFFERSON BROWNE REDEVELOPMENT 0 .......................... U) U) In the event that the completion of the project(to include the work of others)is delayed or suspended! 06 as a result of the Contractor s failure to purchase or imaintain the required insurance,the Contractor shall indemnify the COUNTY from any and all increased expenses resultingi from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the 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 theCOUNTY's behalf, O The first ten dollars($10.00)of remuneration paid to the,Contractor is for the indemnification provided for the above, The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements E contained elsewhere within this AGREEMENT, CL .2 O O RESPONDENT'S STATEMENT 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements,herein, I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, 0 O t2A'Y(0 5AL Ax. AO V Respondent Signature O U 4- 0 0 CL CL U) E 0 LL 0 U O O O Page 60 of 62 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 124 TAB 6 COUNTY FORMS REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL AR0411 ECTURAL AND ENGINEERIN(i SERVICES FOR JEFFERSON BROWNE REDEVELOPMEN'l- O INSURANCE AGENrs STATEMENT U) U) I have reviewed the above irequirements with the bidder named below. The following deductibles 06 apply to the corresponding policy. POLICY DEDUCTIBLES 660-1878X318 Generall Liability 0 660-1878X318 Hired&Non Owned Auto 0 O CUP-4K489840 Umbrelta 10,,0001 Retention CL UB-OKI 9773,5 Workers,Comp 0 O AEXNYAB62TBO02' $15,000/30,000 2CL O Liability policies are X Occurrence X Claims Made Professional Liability Collinsworth Insurance &Risk Management Services Insurance Agency Signature 0- Print Name: Erinn E. Collinsworth 0 O O O 49 0 U 4- 0 0 CL CL U) E 0 U- 0 U I lage 61 of E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 125 TAB 6 COUNTY FORMS AC"RbP CERTIFICATE OF LIABILITY INSU DA TEimw0i RANCE 02/QS/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUIRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the,certificate holder is an ADDITIONAL INSURED,the poI must have ADDITIONAL INSURED Provisions or lie,endorsed, 0 If SUBROGATION IS WAIVED,Subject to the teems and conditions of the policy,Certain potlicies may require an endorsement. A statement on I this certificate does not confer rruhts to the certificate Molder in lieu of such endoeseri I PRODUCER CONTACT < Collinsworth Ins & Risk Mgmt Services In Nh ME., Erinn E Collinsworth 06 I'HOINE FAX P�0, Box 661628 JAi'D No,,11 (786) 930-4795 (7a6) 930-4794 E-MARL ADDRESS] orinxiO<,ol,li,neworthi,nourancecom Miami Springs FL 33266 5NS41 R ERIS)AFFORMN 0 COVERAGE NA IC a INSVI A;The Phoenix Insurance Company. 25623 NSURED INSURFRB Travelero Cas s Surety Co 19039 Render & Associates Architects, P.A, NsuRERc.Travelers Property Casualty of 25674 410 Angela Street NsLIR-ERD.Liberty insurance Underwriters 19917 Key West FL 33040 INSURER E INSURER F 0 L- COVERAGES' CERTIFICATE NUMBER:Cert ID 12112 REVISION NUMBER- CIL 'rHIS IS TO CERTIFY THAT THIS POLICIES OF INSURANCE I BELOW HAVE BEEN ISSUED IC, THE INSURED NAMED ABOVE FOR IIHE POLICY PERIOD INDICATED. NOTWITHs,rANDING ANY REQUIREMENT,TERM OR 0WIDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT r0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOW4 MAY HAVE I REDUCED BY PAID CLAIMS E INSR ;A CL LTR TYP 0 A X COMMERCIAL 0ENFRAIL LIAB40TY Cr,,Ci,RRF!N,F S 11000,000 '@ DA'AAG r Y 0 R E N'I'FO > CILIMMIS[IAADE' X I y 660-817SX318 02/10/2022 VA " 1,000,000 5 110001000 Ai'YNIESPER (,ENERAL AGGRE'.(JA I" S 2a0001000 ,,�,y X PRO LOC Ail,G"1 2,000,000 0 AUTOMOB[LELEAaILITY WIMIT 11000,000 41 Do A M14Y AUI 0 y 660•9178X319 02/10/2022 02/10/202'3 Da�%Y NJURY(Per S 9= C04J.D 4.1KA I"'D P".X)in y fg'�'ulrol S 0 X R I Y DAM L. $ H�IkErl� X NOIq 000 NED PW irlL AI IDS AU 0S 014L Y C X UMBRELLA LIAS X 0(-,CL(R CUP-4K489840 02/10/2022 02/10/2023 S 2A000,000 EXCESS LIAB CI AIM13,10ADE A1,13RR11,3AVE 2,000,000 M D X FffJENTi0N$ 10�000 WORKERS COMPENSAT90N pF4q AND EIAPLOYERS'UABLITYYPN 02/10/2022 0 X 2/10/202�, : [ArUTE ER i�L. S 1,000,000 F_t�C��RA4E M 13 FR�XCI.yDr.D, NIA nelawry in NHJ F, 01iSI-ASE $ 11000,000 P xC R1 PT UN U 01,'�7"u A I'Q N$7m?6— 111-f.065EASE, Li,NPT 5 11000,000 D Professional Liability AEXNYAB62TI 02/10/2022 02/10/2021Each Claim 0 Claims Made Bauiv Policy Aggregate 21000,000 U 4- 3,000,000 0 De$CRIPTIONOF OPERATIONS YROCATIONSdV'F;H CLESIACORDI�01,AdOiloin,'u[Re.,Atk.,$el,q,$4dle,mqbeAtXv chCoofmoroso�,iceisroqurrqdf If required by written contract, Monroe County Board of County Coli=iffsionero is, an additional x insured, eclu4ing professional services, on the General s Auto Liability. > 0 L- CL CL E CERTIFICATE HOLDER CANCELLATION L- 0 LL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PIROWSIONS, Monroe County Board of County Co=is:sioners Attnx Project Manager 0 1100 sitionton St., AUTHOMZED REPRESFAIATIVE U Room 2216 Key West, FL 33040 O'AJ' GS 0 1988-2 01 5 ACORD CORPORATION. A1111 rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD T.'age L IF 1 E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 126 TAB 6 COUNTY FORMS O O U) U) O O c� O O on OeSaritis,Cavemmr Halsey BeMie aas,Secietaa'y db' ' r i�d a.a P W I TA OFLORIDA 00. m� dEPARTMIEINT OF BUSINESS AND PROFESSIONAL REGULATION � BOARD OF ARCHIT r,,TPRE ,INTERIOR DESIGN 'A, TEE ARCH F-rE E O 14 E N � KDER THE PROV1 I 5"0F IT/ Ew as T T�a�TE WE lie RN ///4 ri err "'r� ED{PIR-ATfON DATE: FEBRU'ARY 28s�20�23 0 L) Always verify ilimi5ea online at MyFlorldaldcen .com - %,w Cho not after thus document fay any form. 0 lThis is your license.ft is rlr7da nyfuN for anyone other than the licensee to use this document. CL U) E 0 0 U m E C5 Monroe County Professional Architectural and Engineering Services for Jefferson Bro Packet Pg. 127 TAB 6 COUNTY FORMS O U) U) O ca O 4.1a State of Floff 1.da Department of State 0 1 certif L- y froth the records of this office that BENDER &ASSOCIATES CL ARCHITECTS, RA, is a corporation organized under the laws of the State of Florida, filed on December 19, 1990. E O. The document number of this corporation is S 19736, .2 O I further certify tbat said corlioration has paid all 6ces due this office through December 3,l,2022,that its niost recent annual report/uniform business report was Filed on l"ebrtiar 1,2022,ajid that its status is active. 1 further certif 0 ,v that said corporation has tiot filed Articles of'Dissolution, 0 O O Giants umlerm handandlite Great Sea/q WseVlate sap"'F lerida q at Tallahassee,the Capital,this tite Thii-teenth thty ty'April,2022 0 U 4- 0 0 CL Secrelaq,of'State CL Tracking Number: 13090250NICU U) E To'luthenticate this cerfificatevisit the CoRtosling sile'enter this ouink-r,and then 0 follow the isimmitefions displayed. U- 11(tp /ISALnL icessu"biz.o rg/Fi lings/Cerli ficat(4)ISta(os/(,'ed irwaleAulben I ical ion 0 U E Monroe County Professional Architectural and Engineering Services for Jefferson Brod Packet Pg. 128