CITY OF FERNANDINA BEACH, FLORIDA

REQUEST FOR QUALIFICATIONS (RFQ)

RFQ 2018-21

PROFESSIONAL GENERAL ENGINEERING AND CONSULTING SERVICES – AIRPORT IMPROVEMENTS AT

FERNANDINA BEACH MUNICIPAL AIRPORT (FHB)

PREPARED BY

FERNANDINA BEACH MUNCIPAL AIRPORT DEPARTMENT

SECTION PAGE NO.

General 3

Scope of Services 6 Employment Eligibility Verification 14 Minority Business Statement 15

Exhibit A: Contact Sheet 31

Exhibit B: Public Entity Crimes 32 Exhibit C: Drug-Free Workplace Statement 34

Exhibit D: E-Verify Statement 35

Exhibit E: Consultant/Firm Acknowledgement and Agreements 36

Exhibit F: Conflict of Interest 37

Exhibit G: Non-Collusion Affidavit 38

Exhibit H: Dispute Disclosure 39

Attachment A – Project List 40

CITY OF FERNANDINA BEACH, FLORIDA

REQUEST FOR QUALIFICATIONS (RFQ)

PROFESSIONAL GENERAL ENGINEERING AND CONSULTANT SERVICES AIRPORT IMPROVEMENTS AT

FERNANDINA BEACH MUNICIPAL (FHB) RFQ 2018-21

GENERAL

The City of Fernandina Beach, Florida, pursuant to the “Consultant's Competitive Negotiations Act” (CCNA) section 287.055, Florida Statues, as may be amended, and Federal Aviation Administration Advisory Circular 150/5100-14E, hereby requests statements of qualifications and performance data from professional general engineering firms (hereinafter "Consultant/Firm"), that are duly licensed and registered to practice in the State of Florida, and that desire to render such services for the Fernandina Beach Municipal Airport (FHB).

In addition to providing general consulting services under a non-exclusive continuing contract, the City seeks to enter into a contract for those projects specifically listed in Attachment “A”.

The Consultant/Firm(s) selected by the City to perform these Professional General Engineering, Architectural and Planning Consulting Services will be awarded a continuing contract under the CCNA Statute for up to five years at the City’s discretion, subject to termination for cause or convenience at the sole discretion of the City in accordance with contract provisions. The selected Consultant/Firm(s) will scope, negotiate, and enter into individual work orders for services with the City on a project-by-project basis during the term of the contract. Projects for which selection of Consultant/Firms(s) may be made will be limited to projects planned/scheduled for the upcoming five year period. In order to be considered, the Consultant/Firm must have demonstrated experience providing professional general engineering, architectural and aviation planning services of simple to complex projects at public airport facilities.

The City of Fernandina Beach reserves the right to select more than one Consultant/Firm to perform continuing consulting architectural/engineering and aviation planning services, or to re-advertise if deemed to be in the City’s best interest.

Services may include the performance of all preliminary, design, bidding and negotiation, and construction phase related services for general civil development and reconstruction projects, including, but not limited to, surveying, subsurface explorations, geo-technical

analysis, civil, structural, environmental, mechanical, electrical, landscaping, architectural, planning, bidding and construction administration, resident inspection, technical studies, preparation of plans, specifications, construction contract documents, engineer’s design reports, cost estimating and scheduling, and all other services as may be requested by the City.

Sealed submittals for this RFQ will be received by the City of Fernandina Beach, City Clerk's Office, 204 Ash Street., Fernandina Beach, Florida, 32034, no later than 2:00p.m, September 7, 2018, and subsequently opened in a meeting to be held in the City Hall. All interested firms shall submit one (1) original and four (4) copies of their submittals for this Request for Qualifications. Submittals must be sealed and plainly marked, "RFQ 2018- 21 - PROFESSIONAL GENERAL ENGINEERING AND CONSULTING SERVICES –

A I R P O R T IMPROVEMENTS" on the outside of the envelope and sent by mail to:

City of Fernandina Beach City Clerk’s Office RFQ# 2018-21

204 Ash Street Fernandina Beach, FL 32034

Only those Consultants/Firms submitting qualifications and experience which meet the requirements herein specified will be considered for the services contemplated, regardless of past contact with the City of Fernandina Beach, Florida, and/or other agencies, departments, divisions or staff personnel. Submittals that do not comply with the instructions set forth herein may be considered improper and disqualified. This is not a request for a proposal.

Selection will be based upon professional qualifications, experience, and past performance. Any submittal received after the above stated time and date will not be considered and will be returned unopened. It shall be the sole responsibility of the Consultant/Firm to have its RFQ delivered to the City of Fernandina Beach, by U.S. Mail, hand delivery, or any other method available to him/her; however, facsimile or electronic submittals will not be accepted. Delay in delivery shall be the sole responsibility of the Consultant/Firm.

The RFQ shall be accompanied by a "Minority Business Statement," therein provided on Page 15 of this RFQ, along with the following completed exhibits attached:

Exhibit A “Contact Sheet”
Exhibit B “Public Entity Crimes”
Exhibit C “Drug-Free Workplace Certification”
Exhibit D “E-Verify Statement”
Exhibit E “Consultant/Firm Acknowledgements and Agreements”
Exhibit F “Conflict of Interest,”
Exhibit G “Non-Collusion Affidavit”
Exhibit H “Disputes Disclosures”

The RFQ must also be accompanied by a cover letter stating the name and role of the primary consultant and any sub-consultants. It should be signed by officers of the prime consultant and sub- consultants with the authority to submit an RFQ from their respective firms.

Small Business Participation

The City of Fernandina Beach strongly encourages small, minority and/or women owned firms or joint venture firms to submit qualifications.

Laws, Ordinances, Rules, Regulations, Permits, and Licenses

The Consultant/Firm shall observe and obey all the laws, ordinances, rules, regulations, and policies of the City of Fernandina Beach and the federal and state governments which may be applicable to the Consultant/Firm’s operation and shall, at the sole cost of the Consultant/Firm, obtain and maintain all permits and licenses necessary to comply with such requirements and standards.

Confidentiality

Consultants/Firms are hereby notified that any part of the Request for Qualifications, or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Chapter 119, Florida Statutes (Public Records Law).

Examination of Plans, Specifications and Site of Work

Consultants/Firms are required before submitting their RFQ to visit the site of the proposed work and familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. They are also required to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. Ignorance on the part of the Consultant/Firm will in no way relieve them of the obligations and responsibilities assumed under the Contract.

Miscellaneous Provisions

The City of Fernandina Beach shall not be responsible for any costs incurred in the preparation of a submittal under this Request for Qualifications or other related activities.

The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all submittals under this RFQ. The City also reserves the right to waive minor irregularities or variations to the specifications in the RFQ process.

Any questions regarding this RFQ must be e-mailed to, Nathan Coyle, Airport Manager, City of Fernandina Beach, at ncoyle@fbfl.org with a copy to Wanda Weaks, Purchasing Agent, at wweaks@fbfl.org. Responses to questions will be communicated via addenda on the City’s website www.fbfl.us. It is the Consultant/Firm’s responsibility to check the City’s website for Addenda prior to submitting its RFQ. The deadline for questions is ten days before the submittal deadline for this RFQ. An addendum responding to questions received will be issued five days prior to the submittal deadline.

If there is an Addendum, it becomes part of the original RFQ and shall be acknowledged by attaching a copy of the Addendum, signed by an authorized representative of the

Consultant/Firm, submitting the qualifications. Failure to do so may disqualify the Consultant/Firm.

Consultants/Firms are hereby put on notice that ALL questions are to be directed to the Airport Manager and Purchasing Agent as outlined above. No contact shall be made with any of the City Commission members, Mayor, Airport Advisory Commission (AAC), City staff, or others that may be involved in the selection process to discuss this request or to influence the outcome of the selection.

All such materials shall remain the property of the City of Fernandina Beach and will not be returned to the respondent.

INVITATION

The City of Fernandina Beach hereby invites offers from licensed professional consultants in the field of engineering, architectural and aviation planning consulting to provide professional general engineering consulting services for the City's Airport, in accordance with Florida Statutes 287.055 (the Consultants’ Competitive Negotiation Act; hereinafter “CCNA”) and FAA Advisory Circular 150/5100-14E.

SCOPE OF SERVICES

The City desires professional general engineering consulting services for public airport facility development and reconstruction projects that are contemplated at the Fernandina Beach Municipal Airport over the upcoming five-year period.

In general, consultant services are needed for the following types of work:

Airport facility layouts and airport project studies, investigations, and pre-design work.
Environmental studies, analysis, assessments, categorical exclusion documentation, and other associated project permitting.
Maintenance, construction or reconstruction of runways, taxiways, and/or aprons and for associated drainage or environmental work.
Airport electrical lighting, signage, utility, and navigational aid (NAVAIDs) installation, rehabilitation, and/or maintenance.
Technical services during construction.
Other airport-related construction/equipment acquisition/land projects, environmental documentation or studies required to meet FAA grant-related project requirements, airport safety, capacity, efficiency, and utility as directed by the City.

Attachment “A” identifies the airport’s tentative five-year capital improvement projects list that may utilize several funding sources. The City will evaluate each statement of qualifications and select the most qualified Consultant/Firm. The selected Consultant/Firm(s) is not guaranteed any work assignment and the City reserves the right to request statements of qualifications from other qualified consulting firms if determined to be in the best interest of the City. In addition to the capital improvement projects listed in Attachment “A”, the Airport is interested in establishing a “continuing services” contract for general consulting related to airline, aviation, and non-aviation development projects that may be expected at an Airport of similar size and complexity.

DEVELOPMENT COSTS

The City of Fernandina Beach, or its representative, shall not be held liable for any expenses incurred in connection with the preparation of a response to this RFQ. The submittal shall be prepared economically, providing a straightforward and concise description of the Consultant/Firm’s ability to meet the requirements of the RFQ.

INQUIRIES

Any questions regarding this RFQ must be e-mailed to, Nathan Coyle, Airport Manager, City of Fernandina Beach, at ncoyle@fbfl.org with a copy to Wanda Weaks, Purchasing Agent at wweaks@fbfl.org. Responses to questions will be communicated via addenda on the City’s website www.fbfl.us. It is the Consultant/Firm’s responsibility to check the City’s website for Addenda prior to submitting its RFQ. The deadline for questions is ten days before the submittal deadline for this RFQ. An addendum responding to questions received will be issued five days prior to the submittal deadline.

DELAYS

The City of Fernandina Beach reserves the right to delay or alter the schedule in the interest of the City of Fernandina Beach.

INSURANCE REQUIREMENTS (may vary based on project)

General

Before starting and until acceptance of the work by the City, the Consultant/Firm shall procure and maintain insurance of the types and to the limits specified below.

The Consultant/Firm shall require each of its respective sub-consultants to procure and maintain, until completion of that sub-consultant's work, insurance of types and to the limits specified below. It shall be the responsibility of the Consultant/Firm to ensure that all sub-consultants comply with all of the insurance requirements contained herein relating to such sub-consultants. The City reserves the right to request proof of sub-consultant’s insurance from the Consultant/Firm.

Coverage

Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements:

Workers' Compensation

$500,000 each accident

$500,000 bodily injury by disease each employee

$500,000 bodily injury by disease policy limit

Workers’ Compensation insurance must meet mandatory statutory limits for employers with three or more employees.

Commercial General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include:

$1,000,000 per occurrence/2,000,000 aggregate

Products and Completed Operations - Consultants/Firms shall maintain in force until at least three years after completion of all services required under the contract, coverage for products and completed operations, including Broad Form Property Damage.

Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement.

Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: $1,000,000 /combined single limit (CSL)

Umbrella - $1,000,000 per occurrence. Otherwise, $2,000,000 per occurrence, if the contract exceeds 180 days or $300,000.

Professional Liability - SERVICE PROVIDER shall maintain in force, during the duration of this AGREEMENT and acceptance by CITY of the work performed by SERVICE PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this AGREEMENT.

$5,000,000 per occurrence

Certificates of Insurance - Certificates of all insurance required from the Consultant/Firm shall be filed with the City and shall be subject to its approval for adequacy and protection. Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced. The City of Fernandina Beach shall be identified as an additional insured for general and automobile liability coverage’s required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG 20 10 07 04 13 or ISO Form CG 20 33 07 04 13. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration.

Notice of Cancellation and/or Restriction - Each policy must be endorsed to

provide the City with a minimum of thirty (30) day notice of cancellation and/or restriction, ten days (10) days notification for non-payment.

SPECIAL TERMS AND CONDITIONS
1. Procedures

The extent and character of the services to be performed by the Consultant(s) shall be subject to the general control and approval of the City’s Airport Manager. The Consultant(s) shall not comply with requests and/or orders issued by other than the Airport Manager or authorized representative acting within their authority for the City.

Period of Performance

The contract shall be effective upon contract execution and within such time frames as may be set forth therein. The selected Consultant(s) must be able to begin work immediately after execution of contract.

Termination

Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party, but if any work or services hereunder are in progress and not complete on the date of termination, then this contract may be extended upon written approval by the City until said work or services are completed and accepted.

Termination for Convenience. In the event that this contract is terminated upon request, and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination cost, of applicable.

Termination for Cause. Termination by the City for cause, default or negligence on the part of the Consultant shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty

(30) days advance notice requirement is waived in the event of termination for cause.

INCONSISTENCIES IN CONDITIONS

In the event there are inconsistencies between the General Contract Terms and Conditions and the Special Contract Terms and Conditions, and other schedules contained therein, the latter shall take precedence.

INVOICING AND PAYMENT

Except as may otherwise be provided by the contract to be executed by the City and the Consultant(s) to which the contract for this work is awarded, the following invoicing and payment conditions shall apply:

Consultant(s) shall submit invoices (two originals) for each payment requested; such invoices to include a detailed breakdown of all charges.

Invoices shall include actual hours of performance by the Consultant’s employees working on the project and shall include progress reports. The City shall withhold ten percent of the total contract payment pending completion of the contract.

The City will pay all such invoices in accordance with the Florida Prompt Payment Act, unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Consultant(s) shall provide complete cooperation during any such investigation.

INSTRUCTIONS FOR SUBMITTING QUALIFICATIONS

Submittal Content and Format

Each submittal of Qualifications must be indexed and tabbed as indicated and shall include, but is not limited to, the following:

Tab #1: Cover Letter

Tab #2: Evidence of current license and registration to perform the specified services in the State of Florida.

Tab #3: Location of office where work will be performed and identification of the Consultant’s intended project manager/professional contact person and primary liaison with the City from that office.

Tab #4: Credentials, including resumes or curriculum vitae, of staff members (project team) who would be assigned to perform the specified services for the City.

Tab #5: List of all sub-consultants utilized by the responding agency.

Tab #6: Demonstration/summary of Consultant’s work history and performance capability to meet budget and time requirements for projects and the ability to respond to and perform the work as and when requested by the City.

Tab #7: Demonstration/summary of cost control performance on previous projects.

Tab #8: Evidence of general liability insurance, professional liability insurance including errors and omissions coverage, and workers’ compensation insurance.

Tab #9: Examples of successfully completed projects similar in nature to those shown Attachment “A” preformed for clients similar in nature that may be expected at an airport of similar size and complexity. Limit examples to no more than six (6) projects.

Tab #10: Client references including names, titles, addresses and telephone numbers. A minimum of four references should be provided.

Tab #11: Statement of Consultant’s commitment/ability to consistently use the same personnel throughout the project.

Tab #12: Documentation/summary of experience with regulatory/permitting agencies.

Submittal of the Qualifications

Each submittal shall be signed by the individual Consultant or the authorized principals of the Consultant firm if other than an individual.

Each submittal shall clearly identify which area of discipline, listed in the Scope of Services and projects at Attachment “A”, the Consultant is qualified to perform.

All attachments to the Request for Statements of Qualifications and Performance Data requiring execution by the Consultant must be executed and returned with the submitted Statements of Qualifications and Performance Data.

Sealed submittal of Qualifications will be received by the City Clerk’s Office until 2:00 p.m. on Friday, September 7, 2018, and subsequently opened in a meeting to be held in City of Fernandina Beach at 204 Ash Street, Fernandina Beach, Florida, 32034.

All interested firms and individuals shall submit:

One (1) original and four (4) copies and one (1) electronic copy (CD or thumb drive) of their submittal of qualifications;

Submittal page limit of not more than thirty (30) pages, single-sided, on 8 ½” x 11" sheets of paper, which does not include cover or tabs or required documents.
Submittals which must be in a sealed envelope or other cover that must be plainly marked with “RFQ 2018-21 PROFESSIONAL GENERAL ENGINEERING CONSULTING SERVICES – AIRPORT IMPROVEMENTS” and shall also state the specific professional discipline for which the Request for Qualifications is published.

Submitted materials may be sent by United States Postal Service or hand delivered to:

City of Fernandina Beach

City Clerk’s Office

RFQ# 2018-21

204 Ash Street Fernandina Beach, FL 32034

Only those Firms submitting qualifications that meet the requirements specified will be considered for rendering the services contemplated, regardless of past contact or relations with the City.

Submittals that do not comply with the instructions set forth herein may be considered improper and disqualified at the City’s option.

The submittal of qualifications in response to this RFQ may be withdrawn by notifying the City Clerk's Office, either by written notice, or in person, at any time prior to the above stated Request for Qualifications submittal deadline.

SELECTION PROCESS

In order to be considered, the firm must have provided professional general engineering services of simple to complex projects at public airport facilities and must have demonstrated familiarity with Federal and State aviation and environmental regulations.

Factors to be evaluated in selection of professional service providers include, but are not limited to, the capabilities, adequacy of personnel, past record, experience of the firm or individual; whether a firm is a certified minority business enterprise; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms and other factors as specified herein, and as may be determined by the City to be applicable to their particular requirements.

Method of Selection

The City shall convene a Selection Review Committee, the responsibility of which shall be as follows:

Committee members shall independently evaluate each submittal.

Committee members shall independently rank each Firm meeting minimum qualifications in order of preference.

The Committee shall develop a combined ranking order of all Consultants/Firms meeting minimum qualifications.
The Committee shall develop a ranking of qualified Consultants/ Firms.

The Committee may interview, further evaluate Consultants/Firms, and rank those Consultant/Firms interviewed. The Committee reserves the right to select Consultants/Firms from the submittals.

The Committee shall forward its recommendations in accordance with the ranking to the City Commission, which may, at their sole option, authorize negotiation of a contract pursuant to the requirements of Florida law.

The City Commission possesses sole authority to award a contract for the service sought herein.

Evaluation Criteria

Quality of Firm and Experience w/successful project execution meeting 40 pts

time and cost requirements of projects presented within the RFQ submittal.

Experience and Qualifications of Staff that will serve as key staff to the airport. 40 pts

Demonstrates understanding of project requirements, challenges of 10 pts each project, and proposes methods to accomplish the work meeting to

exceed criteria listed in the RFQ.

References and Demonstrated Government Experience 10 pts

Contract Negotiations

After the City Commission has approved ranking of the Consultants/Firms, City staff will negotiate the language with the first-ranked Consultant/Firm. If staff is unable to negotiate a satisfactory contract with the first-ranked Consultant/Firm, City staff will terminate negotiations with the first-ranked Consultant/Firm and undertake negotiations with the second-ranked Consultant/Firm and so forth until a satisfactory contract is agree upon.

ACCEPTANCE OF CONTRACT

Upon successful negotiation of a Contract with a consultant/firm, the contents of the consultant’s/firm’s proposed scope of work shall become a legal obligation. Failure of a consultant/firm to accept this obligation will result in the cancellation of any award.

PUBLIC ENTITY CRIMES

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 qualification, or reply on a contract to provide any goods or services to a public entity; may not submit a qualification, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work as a consultant, supplier, sub-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 287.133 for a period of 36 months following the date of being placed on the convicted vendor list. See Exhibit A.

CONFLICT OF INTEREST

No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Consultant/Firm shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. See Exhibit G.

PROHIBITION AGAINST CONTINGENT FEES

The Consultant/Firm (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.

EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONSULTANT/FIRM must comply with the Employment Eligibility Verification Program (“E- Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONSULTANT/FIRM must (1) enroll in the E-Verify Program,

(2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONSULTANT/FIRM is a state or local government, the CONSULTANT/FIRM

may choose to verify only new hires assigned to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as design and permitting. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E- Verify. See attached Exhibit C.

CHOICE OF LAW; VENUE

The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of Florida without regard to conflict of law applications. Nassau County, Florida, shall be proper venue for any litigation involving this Agreement. Any legal proceedings of any nature brought by either Party to enforce any right or obligation arising out of this Agreement shall be submitted to trial without jury before any court of competent jurisdiction in Nassau County, Florida. The Parties consent and submit to the jurisdiction of any such court in Nassau County, Florida, and agree to accept service of process outside the state of Florida in any matter submitted to any court pursuant hereto.

MINORITY BUSINESS STATEMENT

Is your firm a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985? YES or NO

PUBLIC RECORDS COMPLIANCE

The Firm’s responsibility for compliance with Chapter 119, Florida Statutes. Pursuant to Section 119.0701, F.S., Firm agrees to comply with all public records laws, specifically to:

Keep and maintain public records required by the CITY to perform the service.

The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule GS1-SL for State and Local Government Agencies. (See http://dos.myflorida.com/library-archives/records- management/general- records-schedules)

Records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with the City. CONSULTANT/FIRM’S records under this Agreement include but are not limited to, consultants and sub-consultants invoices and contracts, project documents, meeting notes,

e-mails and all other documentation generated during this Agreement.

Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided for by law. If a CONSULTANT/FIRM does not comply with the CITY’s request for records, CITY shall enforce the provisions in accordance with the contract.
Ensure that project 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 does not transfer the records to CITY.

Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the CONSULTANT/FIRM or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT/FIRM transfers all public records to the CITY upon completion of the contract, the CONSULTANT/FIRM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT/FIRM keeps and maintains public records upon the completion of the contract, the CONSULTANT/FIRM shall meet all applicable requirements for retaining public records. All records kept electronically must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF CONSULTANT/FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES (Public Records Law), TO THE CONSULTANT/FIRM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY OF FERNANDINA BEACH CLERKS OFFICE AT (904) 310-3115.

A Firm that fails to provide the public records to the CITY within a reasonable time may also be subject to penalties under Section 119.10, Florida Statutes. Upon award recommendation or thirty days after opening, whichever occurs first, submittals become “public records” and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Consultant/Firms must invoke the exemptions to disclosure provided by law in the response to the RFQ, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary with reference to the specific statutory exemption. Document files may be examined, during normal working hours.

EXHIBIT “A”

CONTACT SHEET

Name: ____________________________________________________________

Federal Taxpayer ID: _______________________________________________

Mailing Address: ___________________________________________________

City, State, & Zip Code: ______________________________________________

Telephone: _____________________________________ Fax: _______________

Email:_____________________________________________________________

Submitted By: ______________________________________________________

Title: ______________________________________________________________

FIRM Accepts Credit Cards*: Yes No

Accounting Contact:

Name: ________________________________________Title:____________________

Email Address: ________________________________ Phone: ______________

*See preferred method of payment under “Prompt Payment Act” section of the General Conditions

THIS FORM MUST BE INCLUDED WITH THIS RFQ

EXHIBIT “B”

SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted with the RFQ or Contract for __________________.

2. This sworn statement is submitted by (entity) ________________________ whose business address is _____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.)

3. My name is and my relationship to the entity named above is __________________.

4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any submittal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:

A predecessor or successor of a person convicted of a public entity crime; or

An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate.

7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies)

____ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

____ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)

____ The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)

____ The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.)

_____________________________________

Signature Date:

STATE OF FLORIDA

COUNTY OF ____________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of __________, 20___, and is personally known to me, or has provided ______________________ as identification.

________________________________

Notary Public

My Commission expires:____________

THIS FORM MUST BE INCLUDED WITH THIS RFQ

EXHIBIT “C”

DRUG-FREE WORKPLACE CERTIFICATION

The below-signed CONSULTANT/FIRM certifies that it has implemented a drug-free workplace program. In order to have a drug-free workplace prepare, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or services a copy of the statement specified in paragraph 1.

4. In the statement in paragraph 1., notify the employees that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of nolo contendere to, any violation occurring in the workplace no later than five (5) working days after such conviction.

5. Impose a sanction on, or require fine satisfactory participation in drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign this statement, I Certify that this firm complies fully with the above drug-free workplace requirements.

COMPANY: _____________________________________________________________

CITY: ___________________________STATE: ________ ZIP CODE: ________________

SIGNATURE: ______________________________________PHONE:_______________

NAME (TYPED OR PRINTED):___________________________TITLE:_______________

THIS FORM MUST BE INCLUDED WITH THIS RFQ

EXHIBIT “D”

E-VERIFY STATEMENT

Qualification Number: ___________________________________________________

Project Description: _____________________________________________________

I/FIRM acknowledges and agrees to the following:

I/FIRM shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of:

1. All persons employed by the FIRM during the term of the Contract to perform employment duties within Florida; and

2. All persons assigned by the FIRM to perform work pursuant to the contract with the Department.

Individual/Company/Firm: ________________________________________________

Authorized Signature: ____________________________________________________

Title: _________________________________________________________________

Date: _________________________________________________________________

THIS FORM MUST BE INCLUDED WITH THIS RFQ

EXHIBIT “E”

CONSULTANT/FIRM’S ACKNOWLEDGEMENTS AND AGREEMENTS

The undersigned, as an employee or agent of the Consultant/Firm, having the authority to sign a binding agreement on behalf of the corporation, company, or firm presenting this submittal, confirms understanding and/or agreement and/or takes exception with any statement in the following sections of this RFQ document.

1. INTRODUCTION AND GENERAL INFORMATION