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Resolution 072-1983 -" -/ - RESOLUTION NO. 072 -1983 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND BR&R ASSO- CIATES, INC.jPOST, BUCKLEY, SCHUH & JERNIGAN, INC. - A JOINT VENTURE, REGARDING A.I.P. PROJECT NO. 3-12-0037-01 AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and BR&R Associates, Inc.jPost, Buckley, Schuh & Jernigan, Inc. - A Joint Venture, a copy of same being attached hereto, regarding the A.I.P. Project No. 3-12-0037-01 at the Key West International Airport. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of March, A.D. 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ci: I . / /1 C~:~ ~~-C;~/i'~f:'"i;j~c I );~'~ By (Seal) Attest: RAlPH W. vmm:. ClERK ~ "{~r~' p ~ .D.t . APPROVED AS TO FORM ~s~. _ BY. ~ - , ~ ~ ../" A"~.OH_~~ •ervices of the types described in paragraph 3.3, an . The • 'Ind responsibilities of ENGINF-F tug a. as OWNER's representative in connection with. y the Preliminary • Phase area a and supple- su c services. mented as indicated in 3 of Exhibit A "Fur- ther Descri ' Basic Engineer rvices and 1.2.3. Provide analyses of OWN ER's needs, awning Re • alters". surveys, site evaluations and comparative tidies of 1 .3.6 Engineer shall attend Pre—Design Confer, prospccti sites and solutions. 1.4. Final Design Phase. 1.2.4. Pro 'de a general economi• analysis of . After written authorization to proceed with the Final OWNER's req irements applicable t . various alter- Design Phase, ENGINEER shall: natives. 1.4.I. On the basis of the accepted preliminary design 1.2.5. Prepare a itc sort containi sg schematic layouts, documents and the revised opinion of probable Project sketches and concept sal design riteria with appropri- Cost, prepare for incorporation in the Contract Docu- ate exhibits to indicate clear!. the considerations in- ments final drawings to show the character and extent volved and the alterna 'v, solutions available to of the Project (hereinafter called "Drawings") and OWNER and setting forth •NGINEER's findings and Specifications. recommendations with o ini. ns of probable costs for the Project, including 'onstr tion Cost, contingen- cies. allowances for s arges o all professionals and sign data as may be required for, and assist in the consultants, allows es for the co.'t of land and rights- preparation of, the required documents so that of-way.compensa 'on for or damage to properties and interest and tiny inf; charges (all of hich are herein- OWNER may apply for approvals of such guvcrnmcn tat authorities as have jurisdiction over design cruel is after called "I'r ject Costs"). applicable to the Project, and assist in obtaining such 1.2.6. Fur ish five copies of the Report nd present and revie� it in person with OWNER. approvals by participating in submissions to and ne- gotiations with appropriate authorities. . The d tes and responsibilities of ENGINEER uring 1.4.3. Advise OWNER of any adjustments to the lat- the S, dy and Report Phase arc amended and su'pie- est opinion of probable Project Cost caused by changes me ed as indicated in paragraph 2 of Exhibit A " ir- in extent or design requirements of the Project or Con- t r Description of Basic Engineering Services at • struction Costs and furnish a revised opinion of prob- elated Matters". able Project Cost based on the Drawings and Specifi- (See 8. 1 . 1 . ) cations. 1.4.4. Prepare for review and approval by OWNER. 1.3. Preliminary Design Phase. his legal counsel and other advisors contract agreement forms, general conditions and supplementary condi- Aftcrwritten authorization to proceed with the Prelim- lions, and (where appropriate) bid forms, invitations inary Design Phase, ENGINEER shall: to bid and instructions to bidders, and assist in the preparation of other related documents. 1.3.1. in consultation with OWNER and on the basis ten of the epted•—Repel;`determine the extent of the . 1.4.5. Furnish copies of the above document~ Project. *FAA Project Applic:.tion and present and review them in person with OWNER. . *Means As—Advertised Plans and Specificatiof 1.3.2. Prepare preliminary design documents consist- 'es and responsibilities of ENGINEF or r ing of final design criteria, preliminary drawings and the Final Desi ' •tse are amende -a upplemented outline specifications. as indicated in paragra •xhibit A "Further De- scription o ngincering Sciririce .end Related 1.3.3. Based on the information contained in the pre- t rs liminary-design documents, submit a revised opinion of probable Project Costs. 1.5. Bidding or Negotiating Phase. 1.3.4. Furnish five copies of the above preliminary design documents and present and review them in per- After written authorization to proceed with the Bidding son with OWNER. or Negotiating Phase, ENGINEER shall: 1 .3. 5 Engineer shall provide surveying and electrical testing services, as required 'for design under Sections 8.3 and 8.4. Page 2 of 14 pages 1.5.I. Assist OWNER in obtaining bids or negotiating sponsible for the means, methods, techniques, se- proposals for each separate prime contract for con- quences or procedures of construction selected by struction, materials, equipment and services. Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). ENGINEER'S 1.5.2. Consult with and advise OWNER as to the . efforts will be directed toward providing a greater de- acceptability of subcontractors and other persons and gree of confidence for OWNER that the completed organizations proposed by the prime contractor(s) work of Contractor(s) will conform to the Contract (hereinafter called "Contractor(s)") for those portions Documents, but ENGINEER shall not be responsible of the work as to which such acceptability is required for the failure of Contractor(s) to perform the work in by the bidding documents. accordance with the Contract Documents. During such / visits and on the basis of on-site observations ENGI- 1.5.3. Consult with and advise OWNER as to the NEER shall keep OWNER informed of the progress acceptability of substitute materials and equipment of the work, shall endeavor to guardOWNER against proposed by Contractor(s) when substitution prior to defects and deficiencies in such work and may disap- the award of contracts is allowed by the bidding doe- prove or reject work failing to conform to the Contract umcnts. Documents. 1.5.4. Assist OWNER in evaluating bids or proposals 1.6.3. Review and approve(or take other appropriate and in assembling and awarding contracts. action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions) --ilit—dutiesand responsibilities of ENGINEER-4I mg and samples, the results of tests and inspections and the Bidding o • otiating Phas amended and other data which each Contractor is required to submit, supplemented as indicutat ' -paragraph 5 of Exhibit A hut only for conformance with the design concept of "Further I erii Pion of Basic ler•' 7 Services the Project and compliance with the information given -and-Related Matters''. in the Contract iocuments (but such review and ap- 1 .,5. 5. Engineer shall attend Pre-Constructionproval or other action shall not extend to means, meth- Conference . ods, sequences, techniques or procedures of construe- 1:6. Construction Phase. tion or to safety precautions and programs incident thereto); determine the acceptability of substitute ma- During the Construction Phase ENGINEER shall: terials and equipment proposed by Contractor(s); and receive and review (for general content as required by 1.6.1. Consult with and advise OWNER and act as the Specifications) maintenance and operating instruc- his rcpresentativelas provided in Articles 1 through 7; lions, schedules, guarantees, bonds and certificates of i isive, of the Standard General Conditiu of the inspection which are to be assembled by Contractor(s) Constr n Contract No. 1910-8, (197 Ilion). The in accordance with the Contract Documents. extent and l ati)ns of the duties -sponsibilities and authority of F. ' as igned in said Standard General Conditions sh; I- uC wdified,except to the 1.6.4. issue all instructions of OWNER to Contrac- extent provided i aragraph 6 of 'bit A "Further tor(s);issue necessary interpretations and clarifications Description.o 3asic Engineering Services. Related of the Contract Documents and in connection therewith Matte and except as ENGINEER may othe .•c prepare change orders as required; have authority, as • ee in writing4All of OWN ER's instructions to Con- OWNER's representative,to require special inspection tractor(s) will be issued through ENGINEER who will or testing of the work; act as initial interpreter of the have authority to act on behalf of OWNER,te-t-he-e4te44 requirements of the Contract Documents and judge of except the acceptability of the work thereunder and make le- as otherwise provided in writing. cisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the inter- 1.6.2. Make visits to the site at intervals appropriate pretation of the requirements of the Contract Docu- to the various stages of construction to observe as an ments pertaining to the execution and progress of the experienced and qualified design professional the prog- work;but ENGINEER shall not be liable for the results ress and quality of the executed work of Contractor(s) of any such interpretations or decisions rendered by and to determine in general if such work.is proceeding him in good faith. in accordance with the Contract Documents. ENGI- NEER shall not be required to make exhaustive or 1.6.5. Based on ENGINEER's on-site observations continuous on-site inspections to check the quality or as an experienced and qualified design professional and quantity of such work. ENGINEER shall not be re- on review of applications for payment and the accom- Page 3 of_l 4 _pages • • • partying data and schedules, determine the amounts SECTION 2—ADDITIONAL SERVICES OF owing to Contractor(s) and recommend in writing pay- ENGINEER ments to Contractor(%) in such amounts; such recom- -- - • - - •-• mendations of payment will constitute a representation to OWNER, based on such observations and review, 2,1. General that the work has progressed to the point indicated, that, to the best of ENGINEER'S knowledge, infor- if authorized in writing by OWNER, ENGINEER shall mation and belief, the quality of such work is in accor- furnish or obtain from others Additional Services of dance with the Contract Documents(subject to an cval- the following types which arc not considered normal uation of such work as a functioning Project upon Sub- or customary Basic Services• f+- stantial Completion, to the results of any subsequent ie --otherw-i n--I�xhihi 'ration-t+F tests called for in the Contract Documents, and to any . . qualifications stated in his recommendation), and that these will he paid for by OWNER as indicated in See- payment of the amount recommended is due Con- tion 5. tractor(s): hut by recommending any payment ENGI- NEER will not thereby he deemed to have represented 2.1.1. Preparation of applications and supporting that continuous or exhaustive examinations have been documents for governmental grants, loans or advances made by ENGINEER to check the quality or quantity in connection with the Project: preparation or review of the work or to review the means, methods, se- • of environmental assessments and impact statements: qucnccs. techniques or procedures of construction or review and evaluation of the effect on the design re- safety precautions or programs incident thereto or that quiremcnts of the Project of any such statements and ENGINEER has made an examination to ascertain documents prepared by others: and assistance in oh- how or (or what purposes any Contractor has used the taming approvals ol authorities having jut isdicl ion over moneys paid on account of the Contract Price, or that the anticipated environmental impact of the Project. title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, 2.1.2. Services to make measured drawings of or to security interests or encumbrances, or that Contrite- investigate existing conditions or facilities, or to verify tor(s) have completed their work exactly in accordance the accuracy of drawings or other information fur- with the Contract Documents. nished by OWNER. Sc•o 8 .3 . 2.1.3. Services resulting from significant changes in 1.6.6. Conduct an inspection to determine if the Proj- extent of the Project or its design including, but not ect is substantially complete and a final inspection to limited to, changes in size, complexity, OWNER's dete'rmine if the work has been completed in accor- schedule, or character of construction or method of dance with the Contract Documents and if each Con- financing; and revising previously accepted studies, tractor has fulfilled all of his obligations thereunder so reports, design documents or Contract Documents that ENGINEER may recommend, in writing, final when such revisions arc due to causes beyond ENGI- payment to each Contractor and may give written no- NEER's control. Lice to OWNER and the Contractor(s)that the work is acceptable (subject to any conditions therein ex- 2.1.4. Providing renderings or models for OWNER's pressed). but any such recommendation and notice use. shall be subject to the limitations expressed in para- graph 1.6.5. 2.1.5. Preparing documents for alternate bids re- quested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 1.6.7. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, 2.1.6. investigations involving detailed consideration or any of the Contractor(s)' or subcontractors' agents of operations, maintenance and overhead expenses: or employees or any other persons (except ENGi- providing Value Engineering during the course of de- NEER's.o.wn employees and agents) at the site or oth- sign; the preparation of feasibility studies, cash flow erwise performing any of the Contractor(s)'work;how- and economic evaluations, rate schedules and apprais- ever, nothing contained in paragraphs 1.6.1 thru 1.6.7, als; assistance in obtaining financing for the Project: inclusive, shall be construed to release ENGINEER evaluating processes available for licensing and assist- from liability for failure to properly perform duties un- ing OWNER in obtaining process licensing; detailed dcrtaken by him in the Contract Documents. • quantity surveys of material,equipment and labor: and 1 .6.8 Engineer shall prepare routine Change audits or inventories required in connection with con- (3) prolongation of the contract time of any prime con- struction performed by OWNER. tract by more than sixty days, (4) acceleration of the progress schedule involving services beyond normal 2.1.7. Furnishing the services of special consultants working hours, and(5)default by Contractor(s). for other than the normal civil, structural, mechanical and electrical engineering and normal architectural de- 2.1.14. Preparation of operating and maintenance sign incidental thereto, such as consultants for interior manuals; protracted or extensive assistance in the uti- design, furniture, furnishings,communications,acous- lization of any equipment or system (such as initial tics, kitchens and landscaping; and providing data or startup, testing, adjusting and balancing): and training services of the types described in paragraph 3.3 when personnel for operation and maintenance. OWNER authorizes ENGINEER to provide such data or services in lieu of furnishing the same in accordance 2.1.15. Services after completion of the Construction with paragraph 3.3. Phase,such as inspections during any guarantee period and reporting observed discrepancies under guarantees 2.1.8. Services resulting from the award of more sep- called for in any contract for the Project. arate prime contracts for construction, materials, equipment or services for the Project than are contem- 2.1.16. Preparing to serve or serving as a consultant plated by paragraph 5.1.1.2, and services resulting or witness for OWNER in any litigation,public hearing from the arranging for performance by persons other or other legal or administrative proceeding involving than the principal prime contractors of services for the the Project (except as agreed to under Basic Services). OWNER and administering OWNER's contracts for such services. 2.1.17. Additional services in connection with the Project, including services normally furnished by 2.1.9. Providing any type of field surveys for design OWNER and services not otherwise provided for in purposes and engineering surveys and staking to enable this Agreement. Contractor(s)to proceed with their work:and providing other special field surveys. See 8 -3 - 2.2. Resident Services During Construction. 2.1.10. Services in connection with change orders to reflect changes requested by OWNER if the resulting . 2.2.1. If requested by OWNER or recommended by change in compensation for Basic Services is not corn- ENGINEER and agreed to in writing by the other, a mensurate with the additional services rendered, ser- Resident Project Representative will be furnished.and vices after the award of each contract in evaluating will act as directed by ENGINEER in order to assist substitutions proposed by Contractor(s),and in making 'ENGINEER in observing performance of the work of revisions to Drawings and Specifications occasioned Contractor(s). Such services will be paid for by thereby, and services resulting from significant delays, OWNER as indicated in paragraph 5.1.2.4. changes or price increases occurring as a direct or indirect result of material, equipment or energy short- 2.2.2. The duties and responsibilities and the limita- ages. Lions on the authority of the Resident Project Repre- sentative and assistants will be set forth in Exhibit B 2.1.11. Services during out-of-town travel required of which is to be identified, attached to and made a part ENGINEER other than visits to the site as required of this Agreement before such services begin. by Section 1. 2.2.3. Through more extensive on-site observations 2.1.12. Preparing for OWNER, on request, a set of of the work in progress and field checks of materials reproducible record prints of Drawingeshowing those and equipment by the Resident Project Representative changes made during the construction process; based (if furnished) and assistants, ENGINEER shall en- on the marked-up prints, drawings and other data fur- deavor to provide further protection for OWNER nished by Contractor(s)to ENGINEER and which EN- against defects and deficiencies in the work of Con- GINEER considers significant. (See 8.1 .3.) tractor(s); but the furnishing of such resident Project -:I1eans "As—Built Drawings". representation will not make ENGINEER responsible 2.1.13. Additional or extended services during con- for construction means, methods, techniques, sc- struction made necessary by (I) work damaged by fire quences or procedures or for safety precautions or or other cause during construction, (2) a significant programs,or for Contractor(s)' failure to perform their amount of defective or neglected work of Contractor(s), work in accordance with the Contract Documents. Page 5 of 14__pages • 2.2.4. If OWNER designates another person to rep- 3.5. Arrange for access to and make all provisions resent OWNER at the Project site who is not ENG1- for ENGINEER to enter upon public and private prop- NEER's agent or employee, the duties, responsibilities erty as required for ENGINEER to perform his and limitations of authority of such other person and services. the effect thereof on the duties and responsibilities of ENGINEER under this Agreement will he set forth in 3.6. Examine all studies, reports, sketches, Draw- an exhibit that is to he identified, attached to and made ings, Specifications, proposals and other documents a part of this Agreement before such services begin, presented by ENGINEER, obtain advice of an attor- ney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. SECTION 3—OWN ER'S RESPONSIBILITIES ____ ___ _.___._____.._ _ _ . .__. 3.7. Furnish approvals and permits from all govern- . mental authorities having jurisdiction over the Project OWNER shall: and such approvals and consents from others as may be necessary for completion of the Project. 3.1. Provide all criteria and full information as to OWNER's requirements for the Project, including de- 3.8. Provide such accounting, independent cost esti- sign objectives and constraints, space, capacity and mating and insurance counseling services as may be performance requirements, flexibility and expandahil- required for the Project.such legal services as OWNER ity. and any budgetary limitations; and furnish copies may require or ENGINEER may reasonably request of all design and construction standards which with regard to legal issues pertaining to the Project OWNER will require to be included in the Drawings including any that may he raised by Contractor(s).such and Specifications. auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the 3.2. Assist ENGINEER by placing at his disposal all moneys paid to him under the construction contract. available information pertinent to the Project including and such inspection services as OWNER may require previous reports and any other data relative to design to ascertain that Contractor(s) are complying with any or construction of the Project. law, rule or regulation applicable to their performance of the work. 3.3. Furnish to ENGINEER, as required for perfor- mance of ENGINEER's Basic Services(except-te-u 3.9. Designate in writing a person to act as OWNER'S -d# 2fi 15@-in-Exhibit� iT - representative with respect to the services to be ren- tion-ef-BasiF-E gineer-tn dered under this Agreement. Such person shall have -M tiers , data prepared by or services of others, in- without limitation core borings, probin complete authority to transmit instructions, receive in- cluding ace explorations, hydrographic s s, labo- formation, interpret and define OWNER's policies and r:ttory tests • S coons of s. es, materials and decisions with respect to materials, equipment, ele- ments and systems pertinent to ENGINEER's ser- equipment; appropriate sional interpretations of vices. all of the forcgoi • vironmenta cnt and im- pact slat s; property, boundary, casemen , o - y, topographic and utility surveys4 property de- 3.10. Give prompt written notice to ENGINEERwhenever OWNER observes or otherwise becomes scriptions; zoning, deed and other land use restriction; aware of any development that affects the scope or and other special data or consultations not covered in timing of ENGINEER's services, or any defect in the Section 2; all of which ENGINEER may rely upon in work of Contractor(s). performing his services. . , rovide field control surveys and csta ' ef- 3.11. Furnish, or direct ENGINEER to provide, nec- erence pot d base lines (except extent pro- essary Additional Services as stipulated in Section 2 vided otherwise in ' 't urther Description of of this Agreement or other services as required. Basic Engineerin ices a aced Matters") to enable C ctor(s) to proceed with t ut of the 3.12. Bear all costs incident to compliance with the • requirements of this Section 3. Puae aF 14 naue. ` SECTION 4—PERIOD OF SERVICE OWNER for final acceptance, plus such additional time _ _ _ as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction over design criteria applicable to the Project. 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services pro- 4.6. After acceptance by OWNER of the ENGI- vided for elsewhere in this Agreement have been agreed NEER's Drawings, Specifications and other Final De- to in anticipation of the orderly and continuous prog sign Phase documentation including the most recent ress of the Project through completion of the Construe- opinion of probable Project Cost and upon written au- lion Phase. E•:NGINEER's obligation to render services thorization to proceed, ENGINEER shall proceed with hereunder will extend for a period which may reason- performance of the services called for in the Bidding • ably be required for the design,award of contracts and or Negotiating Phase. This Phase shall terminate and construction of the Project including extra work and the services to he rendered thereunder shall be consid- required extensions thereto. cred complete upon commencement of the Construc- tion Phase or upon cessation of the negotiations with he services called for in the Study an c'rt prospective Contractor(s)(except as may he otherwise Phase wi •umpleted and the rt submitted required to complete the services called for in para- within the stipulate "o • +rated in paragraph 2 graph 6.2.2.5). of Exhibit A "Furl escr+p • Basic Engineering Services • elated Matters" after a •nation to 4.7. The Construction Phase will commence with the cd with that phase of services. execution of the first prime contract to he executed for 4.3. Alter , • rice by OWNER oft yand the work of the Project or any part thereof, and will Report Phase documents it errtin' •m specific mud terminate upon written approval by ENGINEER of final payment on the last prime contract to be coin- ifications or ct ug n the extent of the Pro_ • pleted. Construction Phase services may be rendered b�� ER, and!Upon written authorization from at different times in respect of separate prime contracts OWNER, ENGINEER shall proceed with the perfor- if the Project involves more than one prime contract. mance of the services called for in the Preliminary Design Phase, and shall submit preliminary design doc- uments and a-evise opinion of probable Project Cost 4.8. If OWNER has requested significant modilica- ofEx r-the-stipuial d criod indicated i • F+tgrri'sii f lions or changes in the extent of the Project, the time of Exhibit A"Furthelate • u ;zs+thori adoring of performance of E:NGIN E:ER's services and his S�r�ices elated Matters"after authorization to var- ious rates of compensation shall be adjusted appropri- proceed with that phase of services. ately. 4.4. After acceptance by OWNER of the Preliminary 4.9. If OWNER fails to give prompt written authori- Design Phase documents and revised opinion of prob- zation to proceed with any phase of services after corn- . able Project Cost,indicating any specific modifications pletion of the immediately preceding phase, or if the or changes in the extent of the Project desired by Construction Phase has not commenced within V_ _ OWNER, and upon written authorization from calendar days (plus such additional time as may he OWNER, ENGINEER shall proceed with the perfor- required to complete the services called for under para- mance of the services called for in the Final Design graph 6.2.2.5) after completion of the Final Design Phase; and shall deliver Contract Documents and a Phase, ENGINEER may,after giving seven days' writ- revised opinion of probable Project Cost for all work ten notice to OWNER, suspend services under this of Contractors) on the Project(within the . e Agreement. peri`ZtircH • • a ra . t it A "Further Description of • ng+neer+ng • • led 4.10. If ENGINEER'S services for design or during was-terslafter authorization to proceed with that phase construction of the Project are delayed or suspended of services. in whole or in part by OWNER for more than three • months for reasons beyond ENGINEER'S control, 4.5. ENGINEER's services under the fStctd -Re- ENGINEER shall on written demand to OWNER (but .-.port-Phas4, Preliminary Design Phase and Final Design without termination of this Agreement) be paid as pro- -Phase shall each be considered complete at the earlier .vided in paragraph 5.3.2. If such delay or suspension -of (1) the date when the submissions for that phase extends for more than one year for reasons beyond have been accepted by OWNER or(2)thirty days after ENGINEER's control, or if ENGINEER for any rea- the date when such submissions arc delivered to son is required to render services more than one year Page 7 of_14_pages • after Substantial Completion,the various rates of com- ating and Construction Phases in order to sequence pensation provided for elsewhere in this Agreement and coordinate properly such services as applicable to shall be subject to renegotiation. the work under such separate contracts. This schedule is to be prepared whether or not the work under such 4.11. .In the event that the work designed or specified contracts is to proceed concurrent! • •' Tn- by ENGINEER is to be performed under more than � - • '• • is En- one prime contract, OWNER and ENGINEER shall, 1 = r7.4 ' • : • and the pro- prior to commencement of the Final Design Phase, visions of paragraphs 4.4 through 4.10 inclusive, will develop a schedule for performance of ENGINEER's be modified accordingly. services during the Final Design, Bidding or Negoti- • (The remainder of this page was left blank intentionally.] • • LUMP SUM METHOD OF PAYMENT SECTION 5—PAYMENTS TO.ENGINEER any such litigation, hearing or proceeding will be on ---_-.-. . - the basis provided in paragraph 5.1.2.1). 5.1. Methods of Payment for Services and Expenses of 2.4. Res•ident Project Services. For r ' nt ENGiNEi:R. services • construction furnis nder para- graph 2.2.1, on t le • 's ,yroll Costs times a 5.1.I. For Basic Services. OWNER shall pay EN- factor of__-__-._ serer ndered by princi- GINEER for Basic Services rendered under Section I pals and oyces assigned to feel o t in con- (a rnfcd-nnet wp cmcnted by Ex urt cr on with resident Project representation. Description of Bast : gi mg • ted is follows: (See 8. 1 .4) 1 ' 5.1.3. For Reimbursable Expenses. in addition to payments provided for in paragraphs 5.1.1 end 5.1.2. 5.1.1.1. One Prime Contract. If only one prime OWNER shall pay ENGINEER the actual costs of all - contract is awarded for construction, materials, Reimbursable Expenses incurred in connection with equipment and services for the entire Project,a lump all-Btts a-ontl-Additional Services. 5.1 .2 .3 . r sum fcc of$. p0 _..-..Ihut, if the • on- tn.-RI—con • ' s cost-plus or i • Ft' savings provi- 5.1.4. The terms"Payroll Costs" and"Reimbursable • sions for Contra a ' ompensation, a lump Expenses" will have the meanings assigned to them in _ le-f . --- - paragraph 5.4 which appears on t i+*- -pa page 10 of this Agreement . . .1,1.2. .Several Prima Contracts. If mor an • one but than . . . .. separate prr contracts S.Z. Times of Payments. - are awarded to • instruction, m• ials, equipment c and services for the ' c oject, a lump sum fee of$_ 5.2.1. ENGINEER shall submit monthly statements i rime contract con- for Basic and Additional Services rendered and for tains cost-plu incentive savin . rovisions for Contrac >rfs)' basic compensation, a lu um fee Reimbursable Expenses incurred. The statements will o he based upon ENGiNEER's estimate of the propor- _ tion of the total services actually completed at the time of billing. OWNER shall make prompt monthly pay- 5. 1.2. For Additional Services. OWNER shall pay mcnts in response to ENGINEER's monthly state- ENGINEER for Additional Services rendered under ments. Section 2 as follows: 5.3. Other Provisions Concerning Payments. 5.1.2.1. General. For Additional Services ren- dered under paragraphs 2.1.1 through 2.1.17, inclu- 5.3.1. If OWNER fails to make any payment due EN- sive(except services covered by paragraph 2.1.7 and GINEER for services and expenses within sixty days - services as a consultant or witness under paragraph after receipt of ENG1NEER's bill therefor, the - 2.1.1f,), on the basis of amounts due ENGINEER shall include a charge at the of .__ for services rendered by principals and rate of 1% per month from said sixtieth day, and in Z. ;-£iniolo�fps assigned to the Project. addition, ENGINEER may, after giving seven days' u ;r 1.y agreed Lump Sum Fee amount written notice to OWNER, suspend services under this z 5.1.2.2. Special Consultants. For services and Agreement until he has been paid in full all amounts reimbursable expenses of special consultants ern- due him for services and expenses. z ployed by ENGINEER pursuant to paragraph 2.1.7 L. or 2.1.17, mount-biIkd tp ENGINEER thcrefo 5.3.2. In the event of termination by OWNER under times a factor of______, paragraph 7.1 upon the completion of any phase of the -;Mutually agreed Lump. Sum Fee amount . Basic Services, progress payments due ENGINEER 0 5.1.2.3. Serving as a Witness. For the services for services rendered through such phase shall consti- rendered by principals and employees as consultants tutc total payment for such services. In the event of or witnesses in any litigation, hearing or proceeding such termination by OWNER during any phase of the - in accordance with paragraph 2.1.16, at the rate of Basic Services, ENGINEER will be paid for services $ 500.00 per day or any portion thereof(but corn- rendered during that phase on the basis off* pensation for time spent in preparing to appear in t1me3 a factor of_ for services rendered dur- *Mutually agreed Lump Sum Fee amount • . Page 9 of_14_pages • ing that phase to date of termination by principals and fits including, but not limited to, social security contri- employees assigned to the Project. In the event of any butions, unemployment, excise and payroll taxes, such termination, ENGINEER will be paid for all un- workers' compensation, health and retirement bene- paid Additional Services and unpaid Reimbursable Ex- fits, sick leave, vacation and holiday pay applicable penses, plus all termination expenses. Termination ex- thereto. For the purposes of this Agreement. the prin- penses mean Reimbursable Expenses directly attrib- cipals of ENGINEER and their hourly payroll costs utable to termination, which shall include an amount are: 45 .00/1lr. computed as a percentage of total compensation for ____-_.__ Basic Services earned by ENGINEER to the date of termination, as follows: -- ---- --- _____________ 20% if termination occurs after commencement of The amount of customary and statutory benefits of all the Preliminary Design Phase but prior to corn-. other personnel will be considered equal to 37 % mcnccment of the Final Design Phase;or of salaries and wages. 10% if termination occurs after commencement of 5.4.2. Reimbursable Expenses mean the actual ex- the Final Design Phase.' penses incurred directly or indirectly in connection with the Project for: transportation and subsistence 5.4. •Definitions. • incidental thereto:johtaining bids or propo on ra • and • mg field office 5.4.1. The Payroll Costs used as a basis for payment facilities; subsi. transpo • • t mean salaries and wages (basic and incentive) paid to epresentatives and their assistants:toll tcle- all personnel engaged directly on the Project,including, phone calls and telegrams; reproduction of reports. but not limited to, engineers, architects, surveyors, Drawings, Specifications, and similar Project- elated designers,draftsmen, specification writers,estimators, items in addition to those required under Section I; other technical personnel. stenographers, typists and and, if authorized in advance by OWNER. overtime clerks; plus the cost of customary and statutory bene- work requiring higher than regular rates. *Applicable to Section 5.1 .2.3, [The remainder of this page was left blank intentionally.1 • SECTION 6—CONSTRUCTION COST AND on the basis of his experience and qualifications and OPINIONS OF COST represent his best judgment as an experienced and qual- ified professional engineer, familiar with the construc- tion industry; but ENGINEER cannot and does not guarantee that proposals,bids or actual Project or Con- 6.1. Construction Cost. struction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Nego- The construction cost of the entire Project (herein re- tinting Phase OWNER wishes greater assurance as to (erred to as "Construction Cost") means the total cost Project or Construction Cost he shall employ an indc- ofthe entire Project to OWNER, but it will not include pendent cost estimator as provided in paragraph 3.8. ENGINEER's compensation and expenses, the cost of land, rights-of-way,or compensation for or damages to, properties unless this Agreement so specifies, nor 6.2.2. If a Construction Cost limit is established by will it include OWNER's legal, accounting, insurance written agreement between OWNER and ENGI- counseling or auditing services, or interest and financ- NEER, the following will apply: ing charges incurred in connection with the Project. [Construction Cost is one of the items comprising Proj- 6.2.2.1. The acceptance by OWNER at any time ect Costs which is defined in paragraph 1.2.5.) When during the Basic Services of a revised opinion of Construction Cost is used as a basis for payment it will probable Project or Construction Cost in excess of be based on one of the following sources with precc- the then established cost limit will constitute a cor- deuce in the order listed for work designed or specified responding revision in the Construction Cost limit by ENGINEER: . to the extent indicated in such revised opinion. 6.1.I. For completed consttucliun work the total 6.2.2.2. Any Construction Cost limit so established costs of all work performed as designed or specified will include a contingency of ten percent unless an- by ENGINEER. other amount is agreed upon in writing. 6.1.2. For work designed or specified but not con- 6.2.2.3. ENGINEER will be permitted to deter- structed, the lowest bona fide hid received from a qual- mine what materials, equipment, component sys- ificd bidder for such,work; or, if the work is not bid, tems and types of construction are to be included in the lowest bona fide negotiated proposal for such work. the Drawings and Specifications and to make reason- able adjustments in the extent of the Project to bring 6.1.3. For work designed or specified but not con- it within the cost limit. structcd upon which no such bid or proposal is re- ceived, the most recent estimate of Construction Cost, 6.2.2.4. If the Bidding or Negotiating Phase has not or, if none is available, ENGINEER's most recent commenced within six months after completion of opinion of probable Construction Cost. the Final Design Phase,the established Construction Cost limit will not be binding on ENGINEER, and Labor furnished by OWNER for the Project will be OWNER shall consent to an adjustment in such cost included in the Construction Cost at current market limit commensurate with any applicable change in rates including a reasonable allowance for overhead the general level of prices in the construction indus- and profit. Materials and equipment furnished by try between the date of completion of the Final De- OWNER will he included at current market prices. No sign Phase and the date on which proposals or bids deduction is to he made from ENGINEER'S compen- are sought. sation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contrac- 6.2.2.5. If the lowest bona fide proposal or bid ex- torts). coeds the established Construction Cost limit, OWNER shall (1) give written approval to increase 6.2. Opinions of Cost. such cost limit,(2)authorize negotiating or rebidding the Project within a reasonable time,or(3)cooperate 6.2.I. Since ENGINEER has no control over the cost in revising the Project's extent or quality. In the case of labor, materials,equipment or services furnished by of(3), ENGINEER shall, without additional charge, others, or over the Contractor(s)' methods of deter- modify the Contract Documents as necessary to mining prices, or over competitive bidding or market bring the Construction Cost within the cost limit. conditions, his opinions of probable Project Cost and The providing of such service will be the limit of Construction Cost provided for herein are to be made ENGINEER'S responsibility in this regard and,hav- Page 11 of_ 14_pages 1 ing done so, ENGINEER shall be entitled to pay- 7.3. Controlling Law. ment for his services in accordance with this Agree- ment. This Agreement is to be governed by the law of the principal place of business of ENGINEER. SECTION 7—GENERAL CONSIDERATIONS 7.4. Successors and Assigns. 7.4.1. OWNER and ENGINEER each binds himself 7.1. Termination. , and his partners, successors, executors, administra- tors,assigns and legal representatives to the other party The obligation to provide further services under this to this Agreement and to the partners, successors. ex- Agreement may be terminated by either party upon ecutors, administrators, assigns and legal representa- seven days' written notice in the event of substantial tives of such other party, in respect to all covenants. failure by the other party to perform in accordance agreements and obligations of this Agreement. with the terms hereof through no fault of the terminat- ing party. 7.4.2. Neither OWNER nor ENGINEER shall as- sign. sublet or transfer any rights under or interest in 7.2. Reuse of Documents.1 (including, but without limitation, moneys that may become due or moneys that are due) this Agreement All documents including Drawings and Specifications without the written consent of the other, except as prepared by ENGINEER pursuant to this Agreement stated in paragraph 7.4.I and except to the extent that are instruments of service in respect of the Project. the effect of this limitation may be restricted by law. Thcy are not intended or represented to be suitable for Unless specifically stated to the contrary in any written reuse by OWNER or others on extensions of the Proj- consent to an assignment. no assignment will release eel or on any other project. Any reuse without written or discharge the assignor from any duty or responsi- verification or adaptation by ENGINEER for the spe- hility under this Agreement. Nothing contained in this cific purpose intended will be at OWNER's sole risk paragraph shall prevent ENGINEER from employing and without liability or legal exposure to ENGINEER; such independent consultants, associates and subcon- and OWNER shall indemnify and hold harmless EN- tractors as he may deem appropriate to assist him in GINEER from all claims, damages, losses and ex- the performance of services hereunder. penses including attorneys' fees arising out of or re- sulting therefrom. Any such verification or adaptation 7.4.3. Nothing herein shall be construed to give any will entitle ENGINEER to further compensation at rights or benefits hereunder to anyone other than rates to be agreed upon by OWNER and ENGINEER. OWNER and ENGINEER. • (The remainder of this page was left blank intentionally.) ..c 1 4 naoPc 7.5. 'Arbitration tors will not have jurisdiction, power or authority to consider, or make findings (except in denial of their 7.5.I. All claims, counterclaims, disputes and other own jurisdiction)concerning,any claim,counterclaim, matters in question between,the parties hereto arising dispute or other matter in question where the amount out of or relating to this Agreement or the breach in controversy thereof is more than S200.000(exclusive thereof will be decided by arbitration in accordance of interest and costs) or to render a monetary award with the Construction Industry Arbitration Rules of the in response thereto against any party which totals more American Arbitration Association then obtaining, sub- than S200,000(exclusive of interest and costs). jcct to the limitations and restrictions stated in para- graphs 7.5.3 and 7.5.4 below. This Agreement so to 7.5.4. No arbitration arising out of.or relating to,this arbitrate and any other agreement or consent to arhi- Agreement may include, by consolidation,joinder or trate entered into in accordance herewith as provided in any other manner, any person or entity who is not in this paragraph 7.5 will be specifically enforceable a party to this Agreement. under the prevailing arbitration law of any court having jurisdiction. 7.5.5. By written consent signed by all the parties to this Agreement and containing a specific reference 7.5.2. Notice of demand for arbitration must be filed hereto, the limitations and restrictions contained in in writing with the other parties to this Agreement and paragraphs 7.5.3 and 7.5.4 may be waived in whole or with the American Arbitration Association. The de- in part as to any claim, counterclaim, dispute or other mand must be made within a reasonable time after the matter specifically described in such consent. No con- claim, dispute or other matter in question has arisen. sent to arbitration in respect of a specifically described In no event may the demand for arbitration be made claim,counterclaim,dispute()rather matter in question after institution of legal or equitable proceedings based will constitute consent to arbitrate any other claim. on such claim, dispute or other matter in question counterclaim,dispute mother matter in question which would be barred by the applicable statute of limitations. is not specifically described in such consent or in which the sum or value in controversy exceeds S200,000(cx- 7.5.3. All demands for arbitration and all answering elusive of interest and costs)or which is with any party statements thereto which include any monetary claim not specifically described therein. must contain a statement that the total sum or value in controversy as alleged by the party making such 7.5.6. The award rendered by the arbitrators will be demand or answering statement is not more than final, not subject to appeal and judgment may be en- $200,000(exclusive of interest and costs). The arbitra- tered upon it in any court having jurisdiction thereof. [The remainder of this page was left blank intentionally.] Page 13 of_14 _pages MG V 1 J s..V —n Bur �. • SECTION 8—SPECIAIT:l'c'VISIONS, EXHIBITS and SCHEDULES. 8.I. This Agreement is subject to the following special provisions. 8.1.1. Engineer' s Design Report shall be submitted with final construction plans and specifications as required by the Federal Aviation Administration. 8.1.2. Deleted 8. 1.3 . To be included under Basic Services. 8. 1 .4. Compensation for Resident Project Representation shall be based on a per diem rate of $150.00 (based on a 8 hour work day) , or at the rate of $18.75 per hour (including overtime if required) for any portion thereof. 8.2. The following Exhibits are attached to and made a part of this Agreement: 8.2.1. — — pugci. 8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" consisting of 2 - - pages. 8.2.3. Exhibit C "Certification of Engineer" consisting of 2 pages. 8. 2.4. Exhibit D "Title VI Assurances" consisting of 3 pages . 8. 2. 5. Exhibit E "Minority Business Enterprise (MBE) Assurances" consisting of 1 page/. 8.3. Engineering surveying services as required for design shall include: locate ex- isting LIRL's cable routing to electrical vault;locate existing conduit crossing runway, taxiway and aprons; confirm all taxiway fillet radii; locate vault and define physical points of entry, number and size; locate existing building and fencing with respect to apron for apron lighting, and confirm apron pavement perimeter configuration; topographic and utility survey for CFR building addition. Compensation for 3-man survey crew shall be based on a total time required of 40 hrs . at a rate of $57.50/hr. for a total Lump Sum Fee of $2,300.00. 8.4. Electrical testing services to be accomplished as required for design shall consist of the following: high potential testing and Meggar of existing LIRL' s cable to deter- mine continued service voltage, expected life and integrity of existing power supply system. Define routing of number, sizes and type and electrical properties for con- trol cable between electrical vault and control tower to control MIRL'S MITL'S; beacon and windcone during IFR conditions. Insulation resistance and voltage drop measurements of vault wiring, control panels, regulators, etc. to determine the ex- tent to which existing equipment can be utilized. Compensation shall be based on a total Lump Sum Fee of $2,200.00 8.5 This Agreement (consisting of pages 1 to J4—__, inclusive), together with the Exhibits and schedules identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: The Board of County Commissioners of Monroe County, Florida BR&R ASSOCIATES, INC./POST, BUCKLEY, SCHUH-&-7ERNIGAN, INC.-A JOINT VENTURE MAYOR BY: BR&R Associates, Inc./Patrick J. Rebull Attest: BY: CLERK Post, Buckley, Schuh & Jernigan, Inc./ Exhibit B to Agreement Between Owner • and Engineer for Professional Services, dated -- - • - 19 (for use with No. 1910-1, 1979 Edition). Duties, Responsibilities onsibilities and Limitations of Authority of Resident Project Representative A. General. Resident Project Representative is ENGINRER's Agent, will act as directed by and under the supervision of ENGI- NEER. and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general he only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only he through or with the full knowledge of CONTRACTOR. Written communication wi:h OWNER will he only through or as directed by ENGINEER. 11. Duties and Responsibilities. Resident Project Representative will: 1. .S•r he(////e.N: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. • 2. ('un/ia-ence.s: Attend prcconstntction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings. and maintain and circulate copies of minutes thereof. 3. Liu, on: • a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWN on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which arc furnished at the site by CONTRACThR, and notify ENGINEER of their availability for examination. Workh. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. 5. Review of Work. Rejection of Defective Work, Inspecti rns and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does esriredes not conform to the Contract Documents,or does not meet the requirements of any inspections.tests or approval to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should he corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted ins as required by the Contract Documents and in presence of the required person el details hat clatONTRACTOR tve to the test pma intarns adequate records thereof;observe,record and report to ENGINEER appropriate and.startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. ©1979 by National Society of Professional Engineers,2029 K St..N:W..Washington,D.C. 20006 NSPE/ACEC/ASCE Publication No. 1910-1-A Exhibit B 1 of 9 • • 6. Interpretation of Contract !liniments: Transmit to CONTRACTOR ENGINEER'S clarifications and interpretations of the Contract Documents. 7. Afodifirurions: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. • 8. Recants: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. h. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions,observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. h. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the wotk. c. Report immediately to ENGINEER upon the occurrence of any accident. /0. J'trvment Regni.litiuns: Review applications for payment with ('ON'I RA("IOR for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incor- porated in the Work. 11. Certificates. Maintenance and Operation Afnnnnls: During the course of the Work,verify that certificates.maintenance and operation manuals and other data required to he assembled and furnished by CONTRACTOR arc applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to he completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority. Except upon written instructions of ENGINEER, Resident Project Representative: I. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents. 3. Shall not undertake any oft he responsibilities of CONTRACTOR,subcontractors or CONTRACTOR'S superintendent, or expedite the Work. . 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. • 7. Shall not participate in specialized field or laboratory tests. Exhibit B Page 2 of 2 Prepared by--Poem'Joint Contract rbcumente Committer _ Exhibit F t( greIIIII Between Owner and Engineer for Professional • Services, dated , 1982. • CERTIFICATION OF ENGINEER KEY WEST INTERNATIONAL AIRPORT AIRPORT IMPROVEMENT PROGRAM NO . 3-12-0037-01 STATE FLORIDA • CERTIFICATION OF ENGINEER I hereby certify that I am the Presidentand duly authorized representative of the firm of RR R Aacoriaten, Inc. , whose address is 3159 Corot [day, Miami Florida 11145 , and that neither I nor the above firm I here represent has:' (a) employed or retained for a commission, percentage ,brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contracts; except as here expressly stated (if any): I have acknowledge that this certificate is to be furnished to the Federal Avition Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and, Federal laws , both criminal and civil. Date • Patrick J . Rebull, P.E. President Exhibit .•C Page 1 of 2 . KEY WEST INTERNATIONAL AIRPORT • t . AIRPORT IMPROVEMENT PROGRAM NO. 3-12-0037-01 STATE FLORIDA • CERTIFICATION OF ENGINEER I hereby certify that I am the ASST. SECRETARY and duly authorized representative of the firm of PBSJ, INC. , whose address is 6850 SW 40th. Street, Miami, Fla. 33155 , and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, 'percentage ,brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. (b) agreed, as an express or implied condition for obtaining this contract, to employ or 'retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above const.'.tant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contracts; except as here expressly stated (if any): I have acknowledge that this certificate is to be furnished to the Federal Avition Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and, Federal laws, both criminal and civil. GEORGE E. PERRIN • Exhibit G Page 2 of 2 Exhibit D t.. Agr t Between Owner and Engineer for Professional • Services, dated , 1982 . TITLE VI ASSURANCES During the performance of this contract, the Engineer, for itself, its assignees and successors in interest agrees as follows: A. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted program of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Engineer, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by .section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations . C. Solicitations for Subcontracts, Including Procurements of ::aterials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a sub- contract, including procurements of materials of leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Exhibit D Page 1 of 3 • D. Information and Reports. The Engineer shall provide all information and reports required by the Regulations 'or directives issued pursuant thereto" and shall permit access to its books, records , accounts, other sources of information, and its facilities as may be determinated by the sponsor (Owner) or the Federal Aviation Administration (FAA) to be pertinent to asc'ertaincompliance with such Regulations, orders, and intructions. Where any information required of a contractor is in the exclusive pos- session of another who fails or refuses to furnish this information, the Engineer shall so certify to the sponsor (Owner)or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Engineer's non- compliance with the nondescrimination provisions of the Agreement, the sponsor (Owner) shall impose such contract sanctions as it or the FAA may determine to be appropriate ,including, but not limited to: (1) withholding of payments to the Engineer under the Agreement until the Engineer complies, and /or (2) cancellation, termination, or suspension of the Agreement, in whole or in part. F. Incorporation of Provisions. The Engineer shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or " directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor (Owner) or t:.e FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Engineer Exhibit D Page 2 of 3 becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the _Engineer may request the the sponsor (Owner) to enter into such litigation to protect the' interests of the sponsor (Owner) and, in additionIth:e Engineer may request the United States to enter into such litigation to protect the interests. of the United States. • Exhibit D Page 3 of 3 • Key West 11111111 Airport A.I.P. Pro. 3-12-0037-01 • This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of . 19 between _ The Board of County Commissioners o.f Monroe County, Florida (OWNER) and BR&R Associates, Inc./Post, Buckley, Schuh &Jernigan,I.nc.—A. joint Venture_(ENGINEER). accomplish the Airport Improvement Program Project No . 3-12-0037-01, OWNER intends to — -- -- in accordance with the Department of Transportation, Federal Aviation Administration Grant Agreement Contract No. DTFA06-82—A-80065, consisting of the following specific project therein: "Light (MIRL) (4800'x100') and Install Threshold Lights, Runway 9/27; Light (MITL) Parallel and Connecting Taxiways(5300'x507); Construct CFR Building (900S.F .);Install General Aviation and Commercial Ramp Lightingterc;inllcrcalled the Project). as more particularly described in the FAA Project Application OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. ENGINEER shall provide professional engineering services for OWNER in all phases of the Project to which this Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below and shall give professional engineering consultation and advice to OWNER during the performance of services hereunder. SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.1. General. 1.2.1. Consult with OWNER to clarify and define 1.1.1. ENGINEER shall perform professional ser- OWNER's requirements for the Project and review vices as hereinafter stated which include customary available data. civil, structural, mechanical and electrical engineering services and customary architectural services inciden- 1.2.2. Advise OWNER as to the necessity of tal thereto. OWNER's providing or obtaining from others data or Page 1 of_14_pages IME Exhibit E t. .gre 'Between Owner and Engineer for Professional . Services, dated , 1982. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. Policy. It is . the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this Agreement. B. MBE Obligation. The Engineer agrees to insure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, the Engineer shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprises have the maximum opportunity to compete for and perform contracts . The Engineer shall not discriminate on the basis of race, color, national origin, or sex in the award .and performance of DOT-assisted contracts . • i • Exhibit E Page 1 of 1