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.::Al.A Document B10f - 2017 Standard Form of Agreement Between Owner and Architect

AGREEMENT made as of the twentieth day of August in the year twenty twenty (In words, indicate day, month and year.)

BETWEEN the Architect's client identifi ed as the Owner: (Name, legal status, address and other information)

Columbia County 135 NE Hernando Avenue P.O Box 1529 Lake City FL, 32056

and the Architect: (Name, legal status, address and other information)

Schenkel & Shultz Inc. 200 East Robinson Street, Suite 300 Orlando, FL 3280 I Telephone: 407.872.3322

for the following Project: (Name, location and detailed description)

Columbia County Emergency Operations Center 236 NW Lake City Ave, Lake City Florida Approximately 15,000sfretrofit of existing Emergency Operations Center or des ign of

ew Facility

The Owner and Architect agree as fo llows.

ADDITIONS AND DELETIONS: The author of this document has

added information needed for its

completion . The author may also

have revised the text of the orig inal

AIA standard form. An Additions and

Deletions Report that notes added

information as well as revisions to the

standard form text is available from the author and should be reviewed. A

vertical line in the left margin of this

document indicates where the author

has added necessary information

and where the author has added to or

deleted from the original AIA text .

This document has important legal

consequences. Consultation with an

attorney is encouraged with respect

to its completion or modification.

AIA Document 6101' - 20 11 . Copyright © 1974, 1978, 1987, 1997. 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects ," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was 1 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1666742903)

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TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT'S RESPONSIBILITIES

3 SCOPE OF ARCHITECT'S BASIC SERVICES

4 SUPPLEMENT AL AND ADDITIONAL SERVICES

5 OWNER'S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION

12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial In format ion set forth in thi s Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable " or "unknown at time of execution. ")

§ 1.1.1 The Owner' s program for the Project: (Insert the Owner 's program, identify documentation that establishes the Owner 's program, or state the manner in

which the program will be developed.)

See Proposal Exhib its A & B and attached RFQ 2020-I

§ 1.1.2 The Project's physical characteri stics: (Identify or describe pertinent information about the Project 's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys, traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

To be mutua lly agreed upon between Owner/Architect at a later date.

§ 1.1.3 The Owner's budget for the Cost of the Work, as defi ned in Section 6.1: (Provide total and, if known, a line item breakdown.)

To be mutually agreed upon between Owner/ Architect at a later date.

§ 1.1.4 The Owner's antic ipated design and construct ion mi lestone dates :

.1 Design phase mi lestone dates, if any:

AIA Document 8101' - 2011. Copyright© 1974, 1978, 1987 , 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects ," "AJA," the AIA Logo, and "AJA Contract Documents" are registered trademarks and may not be used without permission. This document was 2 produced by AIA software at 1 D:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : (16667 42903)

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.2 Constructi on commencement date:

A

.3 Substantial Completion date or dates:

A

.4 Other milestone dates:

Scope documents must be received prior to June 30, 2022 .

§ 1.1.5 The Owner intends the fo llowing procurement and deli very method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, or phased construction.)

Construction Manager at Ri sk

§ 1.1.6 The Owner's anticipated Sustainab le Obj ective for the Proj ect: (Identify and describe the Owner 's Sustainable Objective for the Project, if any)

Sustainable Certification is not required.

§ 1.1.6.1 If the Owner identifies a Sustainable Objecti ve, the Owner and Architect shall complete and incorporate AIA Document E204Tl\,L 20I 7, Sustainable Proj ects Exhibit, into thi s Agreement to define the terms, conditions and services related to the Owner's Sustainable Obj ective. Jf E204-20 17 is incorporated into thi s agreement, the Owner and Architect shall incorporate the completed E204- 201 7 into the agreements wi th the consultants and contractors performing services or Work in any way assoc iated with the Sustai nable Objective.

§ 1.1.7 The Owner identifies the fo llowing representative in accordance with Section 5.3: (List name, address, and other contact information.)

TBD

§ 1.1.8 The persons or entities, in addition to the Owner' s representati ve, who are required to review the Architect's submittals to the Owner are as fo llows: (List name, address, and other contact information.)

A

§ 1.1.9 The Owner shall retain the fo llowing consultants and contractors: (List name, legal status, address, and other contact information.)

.1 Geotechnical Engineer:

To be provided by the Owner.

AIA Document 0101 · - 20 11 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American lnstrtute of Architects. All rights reserved . The "American Institute of Arch itects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was 3 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1666742903)

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.2 Civil Engineer:

.3 Other, if any: (List any other consultants and contractors retained by the Owner.)

A

§ 1.1 .10 The Architect identifies the fo llowing representat ive in accordance with Section 2.3: (List name, address, and other contact information.)

Johnnie Lohrum Jr. Principal 200 East Robinson Street, Suite 300 Orlando, FL 32801

§ 1.1.11 The Architect shall retain the consultants identified in Sections 1. 1.l l.l and 1.1.11.2: (List name, legal status, address, and other contact information.)

§ 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer:

See Proposal dated August l 0, 2020

.2 Mechanical Engineer:

See Proposa l dated August 10, 2020

.3 Electrical Engineer:

See Proposal dated August l 0, 2020

§ 1.1.11.2 Consultants retained under Supplemental Services:

A

§ 1.1.12 Other Initial Information on which the Agreement is based:

See Proposal dated July l 0, 2020 and Grant Document (agreement number F002 l )-consultant scope on ly

AIA Document B101 · - 20, 1. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents· are registered trademarks and may not be used without permission. This document was 4 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia .org. User Notes: (16667 42903)

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§ 1.2 The Owner and Architect may rely on the Initi al Info rm ation. Both parties, however, recogn ize that the Initi a l Information may materially change and, in that event, the Owner and the Architect sha ll appropriate ly adj ust the Architect' s services, schedu le for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget fo r the Cost of the Work and the Owner's ant icipated des ign and construction milestones, as necessary, to accommodate material changes in the Ini tia l Information.

§ 1.3 The parties shall agree upon protocols governing the transmission and use oflnstruments of Service or any other information o r documentation in digital form. The parties w ill use AIA Document E203HL201 3, Building Information Modeling and Digital Data Exh ibit, to establish the protocols fo r the development, use, transmission, and exchange of digital data.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building in fo nnation model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA D ocument E203HL20 13, Building Information Modeling and Digital Data Exhibi t, and the requi site AIA Document G202T~L2013, Project Building lnformation Mode ling Protocol Form, shall be at the using or relying party ' s sole risk and without liability to the other party and its con tractors o r consultan ts, the authors of, or contributors to, the building info rmation model , and each of their agents and em ployees.

ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall prov ide professional services as set forth in thi s Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services requi red by this Agreement, or shall cause such services to be performed by appropri ately licensed design profess iona ls.

§ 2.2 The Architect shall perform its services consistent with the professional ski ll and care ordinarily provided by architects practicing in the same or similar loca li ty under the same or simi lar ci rcumstances. The Architect shall perform its services as expeditiously as is cons istent with such professional skill and care and the orderly progress of the Project.

§ 2.3 The Archi tect shall identi fy a representative authorized to act on behalf of the Arch itect with respect to the Project.

§ 2.4 Except with the Owner's knowledge and consen t, the Architect shall not engage in any activ ity, or accept any employment, interest o r contribution that would reasonably appear to compromise the Architect's profess ional judgment w ith respect to this Project.

§ 2.5 The Architect shall maintain the follow ing insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and li mits the Architect norn,ally maintai ns, the Owner shall pay th e Architect as set forth in Section 11.9.

§ 2.5.1 Com mercial General Liability with po licy limits of not less than one million($ l ,000,000.00) for each occurrence and one million($ l ,000,000.00) in the aggregate for bodi ly injury and property damage.

§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Arch itect with policy limits of not less than one million ($ 1,000,000.00) per acc ident fo r bod ily injury, death of any person, and property damage aris ing out of the ownership, maintenance and use of those motor vehicles, along with any other statutori ly required automobile coverage.

§ 2.5.3 The Architect may achieve the required limi ts and coverage for Commercial General Liability and Automobi le Liability through a combinati on of primary and excess or umbrell a li ab ili ty insurance, prov ided such primary and excess o r umbrell a li ab ili ty insurance po li cies result in the same or g reater coverage as the coverages required under Sections 2.5. l and 2.5.2 , and in no event shall any excess o r umbre ll a liability insurance provide narrower coverage than the primary po li cy. The excess policy sha ll not require th e exhaust ion of the underlying li mits only through the actual payment by the underlying insurers.

§ 2.5.4 Workers' Compensation at statutory lim its.

AIA Document 0101 · - 20 11. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects ," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademar1<s and may not be used without permission. This document was 5 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract o'ocuments® Terms of Service. To report copyright violations , e-mail copyright@aia.org. User Notes: (16667 42903)

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§ 2.5.5 Employers ' Liability with policy limits not less th an ($ ) each acc ident, ($ ) each employee, and ($ ) policy limit.

§ 2.5.6 Profess iona l Liability covering negligent acts, errors and om iss ions in th e performance of professional services with policy limits of not less than one million ($ 1,000,000.00) per c laim and one million($ 1,000,000.00) in the aggregate.

§ 2.5.7 Additional Insured Obligations. To the full est extent permitted by law, the Architect shall cause the primary and excess or umbre ll a polices for Commercial General Liability and Automobile Liabi li ty to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omiss ions. The additiona l insured coverage shall be primary and non-contributory to any of the Owner's insurance poli cies and shall apply to both ongoing and completed operations.

§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compli ance with the requi rements in this Section 2.5.

ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect ' s Basic Services consist of those described in thi s Article 3 and include usual and customary structural, mechanical, and electrical engineering serv ices. Services not set forth in thi s Article 3 a re Supplementa l or Add itional Services.

§ 3.1.1 The Architect shall manage the Architect's services, research applicable design criteri a, attend Project meetings, communicate with members of the Project team, and report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services wi th those services provided by th e Owner and the Owner's consultants. The Architect shall be entitl ed to rely on, and shall not be responsible fo r, the accuracy, completeness, and timeliness of, services and information furn ished by the Owner and the Owner' s consultants . The Architect shall provide prompt wri tten notice to the Owner if the Architect becomes aware of any error, omiss ion , or inconsistency in such services or informat ion.

§ 3.1 .3 As soon as practicable after the date of th is Agreement, the Architect shall subm it for the Owner's approval a schedul e for the performance of the Architect's serv ices. The sched ule initially shall inc lude anticipated dates fo r the commencement of construction and fo r Substant ial Completi on of the Work as set fo rth in the Initi al Info rmation. The schedule shall include allowances for periods of time required for the Owner' s review, for the perforniance of the Owner's consultants, and for approval of submissions by authoriti es having jurisdiction over the Project. Once approved by the Owner, time lim its established by the schedul e shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner' s approval, the Architect shall adjust the schedul e, if necessary, as the Project proceeds until the commencement of constructi on.

§ 3.1.4 The Architect shall not be responsible for an Owner' s directive or substitution, or fo r the Owner' s acceptance of non-conforming Work, made or g iven without the Archi tect' s written approval.

§ 3.1.5 The Architect shall contact governmental autho riti es required to approve the Construction Documents and entiti es prov iding uti lity services to the Project. The Archi tect shall respond to app li cab le des ign requirements imposed by those authorities and entities.

§ 3.1.6 The Architect shall ass ist the Owner in connection with the Owner's responsibili ty for filing documents required for the approval of governmental authorities havi ng jurisdiction over the Project.

§ 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other inforn1at ion furni shed by the Owner, and shall review laws, codes, and regul ations app licable to the Archi tect 's serv ices.

§ 3.2.2 The Architect shall prepare a prelim inary eva luation of the Owner' s program, sched ule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall noti fy the Owner of ( 1) any inconsistencies

AIA Document B101 · - 2011 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects . All rights reserved . The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 6 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copy right@aia.org . User Notes : (1666742903)

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discovered in the info rmation, and (2) other in fo rmation or consulting services that may be reasonably needed for the Proj ect.

§ 3.2.3 The Architect shall present its preliminary evaluation to th e Owner and shall di scuss with the Owner alternative approaches to des ign and constructi on of the Proj ect. The Architect shall reach an understanding with the Owner regarding the requirements of th e Project.

§ 3.2.4 Based on the Proj ect requirements agreed upon w ith the Owner, the Architect sha ll prepare and present, fo r th e Owner' s approval, a pre liminary des ign illustrating the scale and relationship of the Project components.

§ 3.2.5 Based on the Owner' s approval o f the preliminary des ign, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Des ign Docum ents shall cons ist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and e levations; and may inc lude some combination of study models, perspecti ve sketches, o r dig ital representations. Pre liminary selections of major building systems and construction materials sha ll be noted on the drawings o r described in writing.

§ 3.2.5.1 The Architect shall consider susta inable design altern ati ves, such as material cho ices and building orientation, together w ith other considerations based on program and aesth etics, in deve loping a des ign that is consistent w ith the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainabl e design services as a Supplementa l Service under Section 4. l. l.

§ 3.2.5.2 The Architect shall consider the value of alternati ve material s, building systems and equ ipment, together w ith other considerations based on program and aestheti cs, in developing a des ign for the Project that is consistent w ith the Owner's program, schedul e, and budget fo r the Cost of the Work .

§ 3.2.6 The Architect shall submit to the Owner an estim ate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.2.7 The Arch itect shall submit th e Schematic Des ign Docum ents to the Owner, and request the Owner' s approval.

§ 3.3 Design Development Phase Services § 3.3.1 Based on the Owner' s approval of the Schematic D es ign Docum ents, and on the Owner' s authorizati on of any adj ustments in the Proj ect requirements and the budget fo r the Cost of the Work, the Architect shall prepare Design D evelopment Docum ents fo r the Owner' s approval. The Design Development D ocum ents sha ll illustrate and describe the development of the approved Schematic D es ign Docum ents and shall consist of drawings and other docum ents including plans, sections, e levations, typical construction deta il s, and diagramm ati c layouts o f building systems to fi x and describe the size and character of the Project as to a rchitectural, structural , mechanical and e lectrical systems, and other appropriate elements. The D es ign D evelopment Documents shall al so include outline spec ifi cations that identify major materials and systems and establi sh, in general, th eir quali ty leve ls.

§ 3.3.2 The Architect shall update the estimate of the Cost o f the Work prepared in accordance with Section 6.3.

§ 3.3.3 The Architect shall submit the D esign D eve lopment Documents to the Owner, ad vise the Owner of any adjustments to the estim ate of the Cost of the Work, and request the Owner' s approva l.

§ 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Des ign Deve lopment Documents, and on the Owner' s authorization of any adjustments in the Proj ect requirements and the budget for the Cost of the Work, th e Architect shall prepare Construction Documents fo r the Owner's approval. The Constructi on Docum ents shall illustrate and describe the further development of th e approved D es ign D evelopment D ocum ents and shall consist of Drawings and Spec ifications setting forth in deta il the quality levels and performance c riteria o f materi als and systems and other requirements for the construction of th e Work. The Owner and Architect acknowledge that, in order to perforn1 the Work, the Contracto r will provide additional in fo rm ation, including Shop Drawings, Product Data, Samples and other sim ilar submitta ls, whi ch the Architect shall review in accord ance w ith Section 3.6.4.

§ 3.4.2 The Architect shall inco rporate the des ign requirements of governmental authorities having jurisdicti on over the Project into th e Construction Documents.

AIA Document B101 • - 2 o, 7. Copyright © 197 4. 1978. 1987 , 1997. 2007 and 2017 by The American Institute of Architects . All rights reserved. The "American Institute of Architects .· "AIA." the AIA Logo. and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 7 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01/14/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (16667 42903)

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§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of(l) procurement information th at describes the time, place, and conditions of bidding, including bidding or proposal forms ; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract fo r Constructi on (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Condit ions of the Contract for Construction and Specifications, and may include bidding requ irements and sample fo m1s.

§ 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.

§ 3.4.5 The Architect shall subm it the Construction Documents to the Owner, advise the Owner of any adj ustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval.

§ 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a li st of prospective contractors. Following the Owner' s approval of the Construction Documents, the Architect shall assist the Owner in ( I) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, ( 4) awarding and preparing contracts fo r construction.

§ 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requi rements and proposed Contract Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the di stribution of Bidding Documents to prospective bidders; .2 organ izing and conducting a pre-bid conference fo r prospecti ve bidders; .3 preparing responses to questions from prospecti ve bidders and providing clarifications and

interpretations of the Bidding Documents to the prospective bidders in th e form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the

bidding resu lts, as directed by the Owner.

§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, th e Arch itect shall , as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders.

§ 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents sha ll consist of proposal requirements and proposed Contract Documents.

§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents fo r distribution to prospecti ve contractors and

requesting their return upon completion of the negotiat ion process; .2 organ izing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospecti ve contractors and providing clarifications and

interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary

report of the negotiation results, as directed by the Owner.

§ 3.5.3.3 If the P roposal Documents permit substitutions, upon the Owner' s written authori zation, the Architect shall , as an Additional Service, consider requests for substituti ons and prepare and di stribute addenda identifying approved subst itutions to all prospective contractors.

§ 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide admin istration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A20IHL2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A20I- 2007, those mod ifi cations shall not affect the Architect ' s services under thi s Agreement unless the Owner and the Archi tect amend this Agreement.

AIA Document B101 · - 20 11 _ Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Archi tects,·· AIA, • the AIA Logo, and • AIA Contract Documents" are registered trademarks and may not be used without permission . This document was 8 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia .org. User Notes: (16667 42903)

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§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or respons ibili ty fo r the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor' s fai lure to perform the Work in acco rdance with the req uirements of the Contract Documents. The Architect shall be responsib le for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be respons ibl e for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect ' s responsibility to provide Construction Phase Services commences with the award of the Contract fo r Construction and terminates on the date the Architect issues the fina l Certificate for Payment.

§ 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to th e stage of constructi on, or as otherwise required in Section 4.2 .3, to become generally familiar with the progress and quali ty of the portion of the Work completed, and to determine, in general, if the Work observed is bei ng performed in a manner ind icating that the Work, when fully completed, wi ll be in accordance with the Contract Documents. However, the Architect shall not be requ ired to make exhaustive or continuous on-s ite inspections to check the quality or quantity of the Work. On th e basis of the site visits, the Architect shall keep the Owner reasonab ly informed abo ut the progress and quality of th e portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations fro m the most recent construction schedule subm itted by th e Contractor, and (3) defects and deficiencies observed in the Work.

§ 3.6.2.2 The Architect has the authori ty to rej ect Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to requi re inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fab ricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibili ty of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entiti es performing portions of the Work.

§ 3.6.2.3 The Architect shal l interpret and decide matters concerning performance under, and requi rements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 3.6.2.4 Interpretations and decisions of the Architect shall be cons istent with the intent of, and reasonably inferab le from, the Contract Documents and shall be in writing or in the form of drawi ngs. When making such interpretations and decisions, the Archi tect shall endeavor to secure fai thful perfo rm ance by both Owner and Contractor, shall not show partiality to either, and shall not be li able for resu lts of in terpretations or decisions rendered in good fa ith . The Arch itect's decisions on matters relating to aesthetic effect shall be final if consistent with the in ten t expressed in the Contract Documents.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initi al Decision Maker, as that term is defined in AIA Document A201- 2007, the Architect shall render initial decisions on Clai ms between the Owner and Contractor as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certifi cation for payment sha ll constitute a representat ion to the Owner, based on the Architect' s evaluat ion of the Work as provided in Section 3.6.2 and on the data com pris ing the Con tractor's Application for Payment, that, to the best of the Arch itect ' s knowledge, information and be lief, the Work has progressed to the point indicated, the quali ty of the Work is in accordance with the Contrac t Documents, and that the Contractor is enti tled to payment in the amount certified. The foregoing representations are subj ect to (1) an evaluation of the Work fo r conformance with the Contract Documents upon Substant ial Completi on, (2) resu lts of subsequent tests and inspections, (3) correction of minor deviations from the Con tract Documents prior to completion, and ( 4) specific qualifications expressed by the Archi tect.

AIA Document 0101 - - 20, 1 . Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was 9 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1666742903)

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§ 3.6.3.2 The issuance of a Certificate fo r Payment shall not be a representation that the Architect has ( 1) made exhaustive or continuous on-site inspections to check the qua li ty or quantity of the Work, (2) rev iewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requi s itions received from Subcontractors and suppli ers and o ther data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or fo r what purpose the Contractor has used money previously paid on account of the Contrac t Sum.

§ 3.6.3.3 The Architect shall mainta in a record o f the Applications and Certificates fo r Payment.

§ 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor' s submitta l schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect' s action in reviewing submitta ls shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedul e, with reasonable promptness whil e a llowing sufficient time, in the Architect' s profess ional judgment, to permit adequate review.

§ 3.6.4.2 The Architect shall revi ew and approve, or take other appropriate acti on upon, the Contractor's submitta ls such as Shop Drawings, P roduct Data and Sampl es, but only fo r the limited purpose of checking fo r confo rmance with inform ation given and the des ign concept expressed in th e Contrac t Documents. Rev iew of such submittals is not fo r the purpose of determining the accuracy and completeness of other in fo rmation such as dimensions, quantities, and install ation or perfo rmance of equi pment or systems, whi ch are the Contractor's respons ibili ty. The Architect's review shall not constitu te app roval of safety precauti ons or construction means, methods, techniques, sequences or procedures. The Archi tect' s approva l ofa spec ifi c item shall not indicate approval of an assembly of which the item is a component.

§ 3.6.4.3 If the Contract Docum ents spec ifically require the Contractor to provide profess ional des ign services or certificati ons by a design profess ional related to systems, materi a ls, or equipment, the Architect shall specify the appropriate perform ance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals re lated to the Work des igned or certified by the Contractor 's design profess ional, provided the submitta ls bear such profess ional's sea l and signature when submi tted to the Architect. The Archi tect's review sha ll be for the limited purpose of checking fo r confo rmance with information given and the design concept expressed in the Contra~t Docum ents. The Architect shall be entitled to rely upon, and shall not be responsible fo r, the adeq uacy and accuracy of the services, certifications, and approva ls perfo rmed or prov ided by such design profess ionals.

§ 3.6.4.4 Subject to Secti on 4.2, the Architect shall rev iew and respond to requ ests fo r in fo rmation about the Contract Documents. The Architect sha ll set forth, in the Contract Documents, the requirements fo r requests fo r information. Requests fo r information sha ll inc lude, at a minimum, a deta iled written statement that indicates the specific D raw ings or Specifications in need of c larification and the nature of th e clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, th e Architect shall prepare and issue supplemental D rawings and Specifi cati ons in response to the requests for information.

§ 3.6.4.5 The Architect sha ll maintai n a record of submi ttals and copies of submittals suppli ed by the Contractor in accordance with the requ irements of the Contract Documents.

§ 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extens ion of the Contract Time. Subject to Section 4.2, the Architect sha ll prepare Change Orders and Construction Change Directi ves for the Owner's approval and execution in accordance with the Contract Documents.

§ 3.6.5.2 The Architect shall mainta in records relati ve to changes in th e Wo rk .

§ 3.6.6 Project Completion § 3.6.6.1 The Architect sha ll :

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.1 conduct inspecti ons to determine the date or dates of Substanti al Completion and the date of final completion;

.2 issue Certi fi cates of Substantial Completion;

.3 forward to the Owner, fo r the Owner' s rev iew and records, written warrant ies and related documents required by the Contract Documents and rece ived fro m the Contractor; and,

.4 issue a fin al Certificate for Payment based upon a fina l inspection indicating that, to the best of the Arch itect's knowledge, information , and belief, the Work compli es with the requirements of the Contract Documents.

§ 3.6.6.2 The Architect's inspections shall be conducted wi th the Owner to check conformance of the Work with the req uirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected .

§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall in fo rm the Owner about the balance of the Contract Sum remain ing to be paid the Contractor, inc luding the amount to be retained from the Contract Sum, if any, for fin al completion or correction of the Work.

§ 3.6.6.4 The Architect shall forward to the Owner the fo llowing information received from the Contractor: ( 1) consent of surety or sureti es, if any, to reduction in or part ial re lease of retainage or the making of final payment; (2) affidavi ts , receipts, releases and waivers of li ens, or bonds indemni fy ing the Owner against li ens; and (3) any other documentation required of the Contractor under the Contract Documents.

§ 3.6.6.5 Upon request of the Owner, and prior to the exp irat ion of one year from the date o f Substantial Completion, the Architect shall, without additional compensation, cond uct a meeti ng with the Owner to review the fac ili ty operations and perfo rmance.

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner sha ll compensate the Architect as provided in Section I 1 .2. U nless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the li sted Supplemental Service is not being provided for the Project. (Designate the Architect 's Supplemental Services and the Owner 's Supplemental Services required f or the Project by indicating whether the Architect or Owner shall be responsible f or providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.)

Supplemental Services Responsibility (Architect, Owner, or not provided)

§ 4.1.1.1 Programming See Proposal dated August l 0, 2020

§ 4.1.1.2 Multi ple preliminary designs

§ 4.1.1.3 Measured drawings

§ 4.1.1.4 Existing facilities surveys

§ 4.1.1.5 Site evaluation and plannin_g § 4.1.1.6 Building Info rmation Model management

responsibiliti es § 4.1.1.7 Development of Building Information Models fo r

post construction use

§ 4.1.1 .8 Civil engineering

§ 4.1.1 .9 Landscape design

§ 4.1.1.10 Architectural interior design

§ 4.1.1 .11 Value analys is

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Supplemental Services Responsibility (A rchitect, Owner, or not orovided)

§ 4.1.1.12 Detail ed cost estimating beyond that required in Section 6.3

§ 4.1.1.13 On-si te proj ect representation

§ 4.1.1.14 Conformed documents fo r constructi on

§ 4.1.1.15 As-designed record drawings

§ 4.1.1.16 As-constructed record drawings

§ 4.1.1.17 Post-occupancy evaluat ion

§ 4.1.1.18 Fac ili ty suooort services

§ 4.1.1.19 Tenant-related services § 4.1.1.20 Architect's coordination of the Owner's

consultants

§ 4.1 .1.21 Telecommunications/data design

§ 4.1.1.22 Security evaluation and planning

§ 4.1.1.23 Commiss ioning § 4.1.1 .24 Sustainable Project Services pursuant to Section

4.1.3

§ 4.1.1.25 Fast-track design services

§ 4.1.1.26 Multiple bid packages

§ 4.1.1.27 Historic preservation

§ 4.1.1.28 Furn iture, furnish ings, and equipment design

§ 4.1.1.29 Other services provided by spec ialty Consultan ts

§ 4.1.1.30 Other Supplemental Services

§ 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identifi ed in Section 4.1 .1 as the Architect 's respons ibili ty is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AJA publishes a number of Standard Form of Architect 's Services documents that can be included as an exhibit to describe the Architect 's Supplemental Services.)

See proposal dated August 10, 2020

§ 4.1.2.2 A description of each Supplemental Service identifi ed in Section 4.1. l as the Owner' s responsibili ty is provided below. (Describe in detail the Owner 's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.)

NA

§ 4.1.3 If the Owner identified a Susta inab le Objecti ve in Article l , the Architect shall provide, as a Supplemental Service, the Sustainabili ty Services required in AIA Document E204n.-1-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11 .2.

§ 4.2 Architect's Additional Services The Architect may provide Additional Services after execution o f th is Agreement without invalidating the Agreement. Except for servi ces required due to the fault of the Architect, any Add itional Services provided in acco rdance with thi s Section 4.2 shall entitl e the Architect to compensati on pursuant to Section 11.3 and an appropriate adjustment in the Architect' s schedule.

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§ 4.2.1 Upon recognizing the need to perfonn the fo llowing Additional Services, the Architect shall noti fy the Owner with reasonable promptness and explain the facts and c ircumstances giving rise to the need. The Architect shall not proceed to provide the foll owing Additional Services until the Architect receives the Owner' s written authorization:

.1 Serv ices necessitated by a change in the Initial Infonnation, previous instructions or approvals gi ven by the Owner, or a materi al change in the Project including size, quality, comp lexity, the Owner ' s schedule or budget for Cost of the Work, or procurement or deli very method;

.2 Services necessitated by the enactment or rev is ion of codes, laws, or regul ations, including changing or editing previously prepared lnstmments of Service;

.3 Changing or editing previously prepared Instruments o f Service necess itated by offic ial interpretations of applicable codes, laws or regul ations that are e ither (a) contrary to spec ific interpretations by the appli cab le authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the lnstmments of Service when those Instruments o f Servi ce were prepared in accordance with the applicable standard of care;

.4 Services necessitated by dec isions of the Owner not rendered in a timely manner or any other failure of perfo nnance on the part of the Owner or the Owner's consultants or contractors;

.5 Preparing digital models or other des ign documentation for transmiss ion to th e Owner' s consul tants and contractors, or to other Owner-authori zed recipients;

.6 Preparation of des ign and documentation fo r alternate bid or proposal requests proposed by the Owner;

.7 Preparation for, and attendance at, a public presentation, meeting or hearing;

.8 Preparation for, and attendance at, a dispute reso lution proceeding or legal proceeding, except where the Architect is party thereto;

.9 E valuation of the qua Ii fi cations of entities providing bids or proposals;

.10 Consultation concerning replacement of Work res ulting from fire or other cause during construction; or,

.11 Assistance to the Initia l Dec ision Maker, ifo ther than th e Architect.

§ 4.2.2 To avoid delay in the Co nstructi on Phase, the Architect shall provide the fo llowing Additiona l Services, noti fy the Owner with reasonable promptness, and expla in the fac ts and c ircumstances giving ri se to the need. If, upon receipt of the Architect' s notice, the Owner detenn ines that a ll or parts of the services are not requ ired, the Owner shall g ive prompt written notice to the Architect o f the Owner' s detennination. The Owner sha ll compensate the Architect fo r the services provided prior to the Architect's receipt of the Owner s noti ce .

. 1 Reviewing a Contractor' s submittal out of sequence from the submittal schedul e approved by the Architect;

.2 Responding to the Contractor' s requests fo r in fo nnati on that are not prepared in accordance with the Contract Documents or where such in fo rmation is avail able to the Contractor from a careful study and compari son of the Contract Docum ents, fi e ld conditi ons, other Owner-provided in fo nnation, Contractor-prepared coordination drawings, or prior Proj ect correspondence or docum entation;

.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor' s proposals and supporting data, or the preparation or revis ion oflnstruments of Servi ce;

.4 Evaluating an extens ive number of C laims as the Initi al Decision Maker; or,

.5 Evaluating substitu tions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom.

§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall noti fy the Owner:

.1 two ( 2 ) reviews of each Shop D rawing, Product Data item, sample and similar submitta ls of the Contractor

.2 ( every other week) visits to the site by the Architect during constructi on

.3 one ( 1) inspections for any portion of the Work to determine whether such portion o f the Work is substanti a lly complete in accordance with the requirements of the Contract Docum ents

.4 one ( 1) inspections for any portion of the Work to detennine fin al completion.

§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1 ) the date of Substantial Completion of the Work or (2) the initi al date of Substantial Completi on identifi ed in the agreement between the Owner and Contractor, whichever is earli er, sha ll be compensated as Additional Servi ces to the extent the Architect incurs additional cost in providing those Constmction Phase Services.

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§ 4.2.5 If the services covered by this Agreement have not been com pl eted within ( ) months of the date of this Agreement, through no fault of the Architect, extens ion of the Architect' s serv ices beyond that time shall be compensated as Add itiona l Services.

ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 U nless otherwise prov ided for under this Agreement, the Owner shall provide in fo rmation in a timely manner regarding requirements for and limitations on the Project, inc luding a written program, wh ich shall set fo rth the Owner's objectives; sched ul e; constraints and criteria, inc luding space req uirements and re lati onships; fl exibili ty ; expandab ility; special equipment; systems; and site requirements.

§ 5.2 The Owner shall estab lish the Owner's budget for the Project, inc luding (l) the budget for the Cost of th e Work as defin ed in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies re lated to a ll of these costs. The Owner shall update the Owner's budget for the Proj ect as necessary throughout the duration of the Project until final completion. If the Owner sign ificantly increases or decreases the Owner's budget fo r the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quali ty.

§ 5.3 The Owner shall identify a representat ive authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect 's submitta ls in a timely manner in order to avoid unreasonable delay in the orderly and seq uential progress of the Architect's serv ices.

§ 5.4 The Owner shall furni sh surveys to describe physical characteri sti cs, legal limitations and utili ty locations for the site of the Project, and a written legal descripti on of the s ite. The surveys and legal informa tion shall include, as applicable, grades and lines of streets, a lleys, pavements and adjo ining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and informat ion concerning availab le utility services and lines, both public and private, above and below grade, including inverts and depths. A ll the informat ion on the survey shall be referenced to a Project benchmark.

§ 5.5 The Owner shall furnish services of geotechnical engineers, w hi ch may include test borings, test pits, determinations of soi l bearing values, percolation tests, evaluat ions of hazardous materials, se ismic eva luation, ground corros ion tests and resisti vity tests, including necessary operations fo r antic ipating subsoi l conditions, with written reports and appropriate recommendations.

§ 5.6 The Owner shall provide the Supplemental Services designated as th e Owner' s respons ibili ty in Section 4.1.1.

§ 5.7 If the Owner identifi ed a Sustainable Objective in Art ic le 1, the Owner shall fu lfi ll its res pons ibiliti es as required in AIA Document E204HL2017, Sustainable P rojects Exhi bit, attached to thi s Agreement.

§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the cont racts between the Owner and the Owner's cons ultants. The Owner shall furnish the serv ices of consu ltants other than those designated as the responsibi li ty of the Architect in this Agreement, or autho ri ze the Architect to furnish them as an Add itional Service, when the Architect requests such serv ices and demonstrates th at they are reasonab ly requ ired by the scope of the Project. The Owner sha ll require that its consu ltants an d contractors maintain insurance, including professional liabi li ty insurance, as appropriate to the services or work provided.

§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical , and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§ 5.10 The Owner shall furnis h all legal, insurance an d acco unting services, inc luding aud iting serv ices, that may be reasonably necessary at any time for the Project to meet the Owner' s needs and interests .

§ 5.11 The Owner shall provide prompt written notice to the Architect if th e Owner becomes aware of any fault or defect in the Project, including errors, omiss ions or inconsistenc ies in the Archi tect's Instrum ents of Service.

AIA Document B101 ' - 2011 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects,· "AIA, • the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 14 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1666742903)

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§ 5.12 The Owner shall include the Architect in a ll communications with the Contractor that relate to or affect the Arch itect's services or profess ional respons ibili ties. The Owner shall promptly notify the Arch itect of the substance of any direct communications between the Owner and the Contractor otherwise relati ng to the Project. Communications by and with the Architect' s consultants shall be th rough the Architect.

§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duti es and responsi bilities set forth in the Contract for Construction with the Archi tect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, includ ing the General Conditions of the Contract fo r Construction.

§ 5.14 The Owner shall provide the Architect access to the Project site prior to com mencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

§ 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furni sh the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enfo rce lien rights.

ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all e lements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonab le va lue of labor, materi a ls, and equ ipment, donated to, or otherwise furn ished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, fin ancing, or contingencies for changes in the Work; or other costs that are the responsibili ty of the Owner.

§ 6.2 The Owner's budget fo r the Cost of the Work is provided in Init ia l lnfornrntion, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner' s budget fo r the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect 's judgment as a des ign professional. It is recogn ized, however, that neither the Architect nor the Owner has control over the cost of labor, materi als, or equipment; the Contractor's methods of determining bid prices; or competitive bidd ing, market, or negotiating conditi ons. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices wi ll not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation , prepared or agreed to by the Arch itect.

§ 6.3 In preparing estimates of the Cost of Work, the Arch itect shall be perm itted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techn iques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4. l. l , as a Supplemental Service.

§ 6.4 If, through no fa ul t of the Architect, the Procurement Phase has not commenced with in 90 days after the Archi tect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to refl ect changes in the general leve l of prices in the applicable construction market.

§ 6.5 If at any time the Architect' s estimate of the Cost of the Work exceeds the Owner's budget fo r the Cost of the Work, the Architect shall make approp riate recommendations to the Owner to adjust the Project's s ize, quali ty, or budget for the Cost of the Work, and the Owner sha ll cooperate with the Archi tect in making such adjustments.

§ 6.6 If the Owner' s budget for the Cost of the Work at the conclusion of the Constructi on Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall

.1 give written approva l ofan increase in the budget for the Cost of the Work;

.2 authorize rebidding or renegotiating of th e Project wi thin a reasonab le time;

.3 terminate in accordance with Section 9.5;

.4 in consu ltation with the Architect, revi se the Project program, scope, or qua! ity as required to reduce the Cost of the Work; or,

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.5 implement any other mutually acceptable alternat ive.

§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modi fy the Construction Documents as necessary to comply with the Owner's budget fo r the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. l . If the Owner requires the Architect to modi fy the Constructi on Documents because the lowest bona fid e bid or negotiated proposa l exceeds the Owner' s budget fo r the Cost of the Work due to market cond itions the Architect could not reasonably anti cipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherw ise the Architect's services fo r modi fy ing the Construction Documents shall be without additi onal compensation. In any event, the Architect' s modifi cation of the Construction Documents shall be the li mit o f the Architect's responsibili ty under thi s Article 6.

ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other in formation, the transmitting party is the copyright owner of such in fo m1ation or has permission from the copyri ght owner to transmit such information for its use on the Project.

§ 7.2 The Architect and the Architect' s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifi cations, and shall retain all common law, statutory and other reserved rights, including copyrights. Subm iss ion or di stribution of Instruments of Servi ce to meet offi cial regul atory requirements or fo r similar purposes in connection with the P roject is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect' s consultants.

§ 7.3 The Architect grants to the Owner a nonexclus ive license to use the Architect' s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substanti ally perfo rm s its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Art icle l l . The Architect shall obtain s imilar nonexclusive li censes from the Architect' s consultants consistent with thi s Agreement. The license granted under this section permits th e Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppli ers, as well as the Owner's consultants and separate contractors, to reproduce applicab le portions of the Instruments of Service, subject to any protoco ls establi shed pursuant to Section 1.3, solely and exclusively fo r use in perfo rm ing services or construction fo r the P rojec t. If the Archi tect rightfully terminates thi s Agreement fo r cause as prov ided in Section 9.4, the license granted in this Section 7.3 shall terminate.

§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors o f the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all cla ims and causes of action arisi ng fro m such uses. The Owner, to the extent permi tted by law, furth er agrees to indemni fy and hold ham1less the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or enti ty to the extent such costs and expenses ari se from th e Owner's use of the Instruments of Service under thi s Section 7.3. 1. The terms of thi s Section 7.3. 1 shall not app ly if the Owner ri ghtfully terminates thi s Agreement fo r cause under Section 9.4 .

§ 7.4 Except fo r the licenses granted in this Arti cle 7, no other li cense or right sha ll be deemed granted or implied under thi s Agreement. The Owner shall not ass ign, delegate, sublicense, pledge or otherw ise transfer any li cense granted herein to another party without the prior written agreement of the Architect. Any unauthori zed use of the Instruments of Service shall be at the Owner's so le risk and without li abili ty to th e Architect and the Architect' s consultants.

§ 7.5 Except as otherwi se stated in Section 7.3 , the prov isions of thi s Arti cle 7 shall survive the termination of thi s Agreement.

ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shal I commence al l c laims and causes of action aga inst the other and arising out of or re lated to this Agreement, whether in contract, tort, or otherw ise, in accordance with the requirements of the binding dispute reso lution method se lected in thi s Agreement and within the period specified by app licab le law, but in any

AIA Document 0101 · - 2011. Copyright © 1974, 1978, 1987 , 1997, 2007 and 201 7 by The American Institute of Architects . All rights reseNed . The "American Institute of Architects," "AIA ," the AIA Logo, and "AIA Contract Documents" are reg istered trademarks and may not be used without permission. This document was 16 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01/14/2021 , is not for resale, is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of SeNice. To report copyright violations, e-mail copyright@aia.org. User Notes: (16667 42903)

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case not more than 10 years after the date of Substanti al Completi on of the Work. The Owner and Architect wai ve a ll c la ims and causes of action not commenced in accordance with thi s Section 8.1.1.

§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect wai ve a ll rights aga inst each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set fo rth in AIA Document A201- 2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, s imilar waivers in favo r of the other parti es enumerated herein .

§ 8.1.3 The Architect and Owner waive consequenti al damages fo r claims, di sputes, or other matters in question, ari sing out of or re lating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party 's termin ation of this Agreement, except as specifically provided in Secti on 9.7.

§ 8.2 Mediation § 8.2.1 Any claim, di spute or other matter in question ari sing out ofor re lated to this Agreement shall be subject to mediation as a condition precedent to binding di spute reso lution. If such matter re lates to or is the subject of a li en ari sing out of the Architect' s servi ces, the Architect may proceed in accordance with applicable law to comply with the li en notice or filin g deadlines prior to resolution o f the matter by mediation or by binding di spute resolution.

§ 8.2.2 The Owner and Architect shall endeavor to resolve c laims, disputes and other matters in question between them by mediation, w hi ch, unless the parties mutua lly agree otherw ise, sha ll be administered by the American Arbitration Association in accordance with its Constructi on Industry Mediation Procedures in effect on the date of thi s Agreement. A request fo r medi ation shall be made in writing, de li ve red to the other party to thi s Agreement, and fil ed with the person or enti ty administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand fo r binding di spute resolution but, in such event, mediation shall proceed in advance of binding di spute resolution proceedings, whi ch shall be stayed pending mediation for a peri od of 60 days from the date of filing, unless stayed for a longer period by agreement of the parti es or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selecti on of the arbitrator(s) and agree upon a schedul e fo r later proceedings.

§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally . The medi ation shall be held in the place where the Project is located, unl ess another location is mutually agreed upon. Agreements reached in medi ation sha ll be enfo rceable as settlement agreements in any court hav ing jurisdiction thereof.

§ 8.2.4 If the parties do not reso lve a di spute th rough medi ation pursuant to thi s Section 8.2, the method of binding dispute reso lution shall be the foll owing: (Check the appropriate box.)

[ X ] Arbitration pursuant to Section 8.3 o f this Agreement

Litigation in a court o f competent jurisdiction

Other: (Specify)

If the Owner and Architect do not se lect a method of binding di spute resolution, or do not subsequently agree in writing to a binding di spute reso lution method other th an litigation, the dispute will be reso lved in a court ofcompetent jurisdi ction.

§ 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding di spute resolution in thi s Agreement, any clai m, dispute or other matter in question arising out of or re lated to thi s Agreement subj ect to, but not reso lved by, mediati on shall be subj ect to arbitration, which, unl ess the parties mutually agree otherwi se, shall be admini stered by the American Arbitration Assoc iation in accordance with its Construction Industry Arbitration Rul es in effect on the date of thi s Agreement. A demand fo r arbitrati on sha ll be made in writing, delivered to th e other party to thi s Agreement, and fil ed with the person or enti ty administering the arbitration.

AIA Document B101 • - 20 1 7. Copyrig ht © 197 4, 1978, 1987 , 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Arch itects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarl<s and may not be used without permission. This document was 17 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01/14/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (1666742903)

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§ 8.3.1.1 A demand fo r arbitrat ion shall be made no earlier than concurrently with the filin g of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the c la im, dispute or other matter in question would be barred by the app licable statute of limitat ions. For statute of limi tations purposes, receipt of a written demand for arbitration by the person o r enti ty administering the arbitration shall constitute the institution of legal or equitable proceed ings based on the claim, dispute or other matter in question .

§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an addi tional person o r enti ty duly consented to by part ies to thi s Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

§ 8.3.3 The award rendered by the arbitrator(s) shall be fina l, and judgment may be entered upon it in accordance with app licable law in any court having jurisdiction thereof.

§ 8.3.4 Consolidation or Joinder § 8.3.4.1 E ither party, at its sole discretion, may conso lidate an arb itration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration perm its conso lidation; (2) the arbitrations to be consolidated substantially invo lve common questions oflaw or fac t; and (3) the arbitrations employ materially s imi lar procedural rules and methods fo r se lecting arb itrator(s).

§ 8.3.4.2 Either party, at its so le discretion, may include by j o inder persons or entities substanti a lly invo lved in a common question of law or fact whose presence is req uired if complete re lief is to be accorded in arbitration, provided that the party sought to be jo ined consents in writing to such j oinder. Consent to arbitration in volving an additional person or enti ty shall not constitu te consent to arbitration of any c la im, di spute o r o ther matter in question not described in the written consent.

§ 8.3.4.3 The Owner and Architect grant to any person or enti ty made a party to an arbitration cond ucted under thi s Section 8.3, whether by joinder or conso lidation, the same rights of j o inder and conso lidation as th e Owner and Architect under this Agreement.

§ 8.4 The provisions of this Article 8 sha ll survive the term ination of this Agreement.

ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fa il s to make payments to the Architect in accordance with thi s Agreement, such fai lure sha ll be considered substant ial nonperformance and cause fo r term ination o r, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect e lects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending servi ces. In the event of a suspension of serv ices, the Arch itect shall have no liabi li ty to the Owner for de lay or damage caused the Owner because of such suspension of services . Before resuming serv ices, the Owner shall pay th e Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's servi ces. The Arch itect's fees for the remaining services and th e tim e schedul es shall be equitab ly adjusted.

§ 9.2 If the Owner suspends th e Project, the Architect sha ll be compensated for services performed prior to notice of such suspension . When the Proj ect is resum ed, the Architect shall be compensated fo r expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining serv ices and the time schedules shall be equitably adjusted.

§ 9.3 If the Owner suspends th e Project fo r more than 90 cumulat ive days for reasons other than the fa ult of the Arch itect, the Arch itect may terminate thi s Agreement by g iv ing not less than seven days' written notice.

§ 9.4 E ither party may terminate this Agreement upon not less than seven days ' written notice should the other party fail substantially to perform in accordance with the terms of thi s Agreement through no fau lt of the party initiating the termination.

§ 9.5 The Owner may terminate thi s Agreement upon not less than seven days ' written noti ce to the Arch itect for the Owner' s convenience and w ithout cause.

AIA Document 6101 ' - 2011 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Archi tects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was 18 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021, is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1666742903)

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§ 9.6 If the Owner terminates th is Agreement fo r its conveni ence pursuant to Section 9.5, or the Architect terminates thi s Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services perfo rmed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect ' s terminati on of consultant agreements.

§ 9.7 In addition to any amounts paid under Section 9.6, if th e Owner terminates this Agreement fo r its convenience pursuant to Section 9.5 , or the Architect terminates thi s Agreement pursuant to Secti on 9.3 , the Owner shall pay to the Architect the foll owing fees: (Set forth below the amount of any termination or licensing f ee, or the method f or determining any termination or licensing fee.)

.1 Termination Fee:

NA

.2 Licensing Fee if the Owner intends to continue us ing the Architect 's Instruments of Servi ce:

A

§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.

§ 9.9 The Owner' s rights to use the Architect's Instruments o f Service in the event o f a termination of this Agreement are set fo rth in Art icle 7 and Secti on 9.7.

ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Proj ect is located, excluding that jurisdiction' s choice of law mies. If the parti es have selected arbitration as the method of binding di spute resolution, the Federal Arbitration Act shall govern Section 8.3.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201 - 2007, General Conditions of the Contract for Construction.

§ 10.3 The Owner and Architect, respectively, bi nd themse lves, their agents, successors, ass igns, and legal representat ives to thi s Agreement. e ither the Owner nor the Architect shall ass ign thi s Agreement without the written consent of the other, except that the Owner may ass ign thi s Agreement to a lender providing fin ancing fo r the P roject if the lender agrees to ass ume the Owner' s rights and obligati ons under this Agreement, including any payments due to the Architect by the Owner prior to the ass ignment.

§ 10.4 If the Owner requests the Architect to execute certi ficates, th e proposed language of such certificates shall be submitted to the Architect fo r review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to fac ilitate ass ignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execut ion. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsi bil ities beyond the scope of this Agreement.

§ 10.5 othing contained in thi s Agreement shall create a contractua l relationship with , or a cause of acti on in favo r of, a third party aga inst either the Owner or Architect.

§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility fo r the di scovery, presence, handling, remova l or disposal of, or exposure of persons to, hazardous materi als or tox ic substances in any form at the Project site.

§ 10.7 The Architect shall have the right to include photographi c or arti sti c representations of the design of the Project among the Architect's promotional and professiona l materi als. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Arc hitect' s materials shall not include the Owner' s confi dential or proprietary in fo rm ation if the Owner has previously advised the Architect in writing of the specific

AIA Document 8101 · - 20, 1 . Copyright © 1974, 1978 , 1987, 1997, 2007 and 2017 by The American Institute of Architects . All rights reserved. The "American Institute of Architects ," "AIA," the AIA Logo, and "AIA Contract Documents" are reg istered trademarks and may not be used without permission . This document was 19

tfv) , produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021, is not for resale, is licensed for one-time use ~ ~ nly, and may only be used in accordance with the AI A Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia .org. r User Notes: (1666742903)

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information considered by the Owner to be confidentia l or proprietary. The Owner shall provide profess ional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unl ess the Owner terminates this Agreement for cause pursuant to Section 9.4 .

§ 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set fo rth in Section 10.8.1. This Secti on I 0.8 shall survive the term ination of this Agreement.

§ 10.8.1 The receiv ing party may disclose "confidential" or "business proprietary" infomiation after 7 days ' notice to the other party, when required by law, arbitrator 's order, or court order, includi ng a subpoena or other form of compulsory legal process issued by a court or governmental entity , or to the extent such information is reasonably necessary for the receiving party to defend itself in any di spute. The receiving party may also disc lose such information to its employees, consu ltants, or contractors in order to perfo rm services or work solely and exclusively for the Project, prov ided those employees, consul tants and contractors are subj ect to the restrictions on the disclosure and use of such in fo rmation as set forth in this Section 10.8 .

§ 10.9 The inva li dity of any provision of the Agreement shall not inva lidate the Agreement or its remaining provisions . If it is determined that any provision of the Agreement violates any law, or is otherwise inval id or unenforceable, then that provis ion shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement.

ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Arti cle 3, the Owner shall compensate the Arch itect as fo llows:

.1 Stipulated Sum (Insert amount)

.2 Percentage Basis (Insert percentage value)

( ) % of the Owner's budget for the Cost of the Work, as calculated in acco rdance with Section 11.6 .

. 3 Other (Describe the method of compensation)

See Proposal Exhibit C dated August 10, 2020

§ 11.2 For the Arch itect' s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3 , the Owner shall compensate the Architect as fo ll ows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.)

Compensation wi ll be mutually agreed upon in writing by Owner/ Architect before proceeding with the work.

§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as fo llows: (Insert amount of, or basis for, compensation.)

Compensation will be mutually agreed upon in writing by Owner/Architect before proceed ing with the work.

§ 11.4 Com pensation for Supplementa l and Add itional Services of the Architect's consultants when not included in Section 11.2 or 11 .3 , shall be the amount invo iced to the Architect plus ten percent ( 10%), or as fo llows:

AIA Document 0101 · - 20, 1. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects,·" AIA, • the AIA Logo, and "AIA Contract Documents· are registered trademarks and may not be used without permission. This document was 20 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021, is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (16667 42903)

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(Insert amount of, or basis for computing, Architect 's consultants ' compensation for Supplemental or Additional Services.)

Invo iced amount to the Archi tect from Architect's consultant may not include actual Work effort of Architect and wi ll be defined as separate line item within an Additional Service request.

§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows:

Planning Des ign (Row deleted)

thirty

fifty twenty

percent (

percent ( percent (

30 %)

%) %)

90% Construction Documents 100% Bid Documents

50 20

Total Basic Compensation one hundred percent ( 100 %)

§ 11 .6 When compensation identified in Section I I.I is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Com pensati on paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner' s budget for the Cost of the Work.

§ 11.6.1 When compensation is on a percentage basis and any port ions of the Project are deleted or otherwise not constructed, compensation fo r those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitl ed to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

§ 11.7 The hourly billing rates for serv ices of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consu ltants' normal review practices. (If applicable, allach an exhibit of hourly billing rates or insert them below.)

ExhibitE

Employee or Category Rate ($0.00)

§ 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation fo r Basic, Supplemental, and Addit ional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as fo llows:

.1

.2

.3

.4

.5

.6

.7

.8

.9

.10

Transportat ion and authorized out-of-town travel and subsistence; Long di stance services, dedicated data and communication servi ces, te leconferences, Project web sites, and extranets; Permitting and other fees required by authoriti es having jurisdicti on over the Project; Printing, reproductions, plots, and standard form documents; Postage, hand ling, and deli very; Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; Renderings, phys ical model s, mock-ups, profess ional photography, and presentation material s requested by the Owner or required for the Proj ect; If required by the Owner, and with the Owner's prior written approva l, the Architect ' s consultants ' expenses of profess ional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that nom1ally maintained by the Architect ' s consu ltants ; All taxes levied on professional services and on rei mbursable expenses; Site office expenses;

AIA Document 8101 ' - 20 11 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Arch itects. All rights reserved . The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents· are registered trademarks and may not be used without permission. This document was 21 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (1666742903)

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.11 Registration fees and any other fees charged by the Certifying Authority or by other entiti es as necessary to achieve the Susta inable Objective; and,

.12 Other similar Project-related expenditu res.

§ 11.8.2 For Reim bursab le Expenses the compensation shall be the expenses incurred by the Archi tect and the Architect's consul tants plus ten percent ( 10 %) of the expenses incurred.

§ 11 .9 Architect's Insurance. If the types and lim its of coverage required in Section 2.5 are in addition to the types and limits the Architect nomially maintai ns, the Owner sha ll pay the Architect for the additi onal costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Sec/ion 2.5, and for which the Owner shall reimburse the Architect.)

§ 11 .10 Payments to the Architect § 11.10.1 Initial Payments § 11 .10.1.1 An in itial payment ofO ($ 0) shall be made upon execution of this Agreement and is the minimum payment under th is Agreement. It shall be c redited to the Owner's acco unt in the fina l in vo ice.

§ 11.10.1.2 If a Susta inability Certification is part of the Susta inab le Objecti ve, an initia l payment to the Archi tect of ($ ) shall be made upon execution of this Agreement for registrat ion fees and other fees payab le to the Certi fying Authori ty and necessary to achi eve the Sustainabili ty Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred.

§ 11.10.2 Progress Payments § 11 .10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invo ice. Amounts unpaid forty-five ( 45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.)

one and one-half percent (1.5 )%

§ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Archi tect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable fo r the amounts in a binding di spute reso lution proceeding.

§ 11 .10.2.3 Records of Reimbursab le Expenses, expenses perta ining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be avail ab le to th e Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify thi s Agreement are as fo llows: (Include other terms and conditions applicable to this Agreement.)

ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representat ions or agreements, e ither written or oral. This Agreement may be amended only by written instrument s igned by both the Owner and Architect.

§ 13.2 This Agreement is comprised of the fo llowing docu ments identified below: .1 AIA Document BI Q[HL2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203HL2013, Building ln fo rm ation Modeling and Digital Data Exh ibit, dated as

ind icated below: (Insert the date of the £203-2013 incorporated into this agreement.)

AIA Document B101 · - 2011. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved . The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registe red trademarks and may not be used without permission . This document was 22 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1666742903)

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NA

.3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.)

AIA Document E204HL20 l 7, Sustainable Projects Exhibit, dated as ind icated below: (Insert the date of the £204-2017 incorporated into this agreement.)

[ X] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1. 2.)

1. State Grant Agreement F0021-Consultant scope only 2. RFQ 2020-I

.4 Other documents: (List other documents, if any, forming part of the Agreement.)

Proposal dated August 10, 2020 containing: 1. Exhibit A- Project Scope 2. Exhib it B- Scope of Work 3. Exhibit C- Schedule of Compensation 4. Exhib it D- Deliverables 5. Exhibit E- Hourly B illing Rates

(. gnature) A I ECT (Signature)

:ro&\1 W ,rr:, Lli:A11Z:M4,J (Printed name and title)

.lJ!lf'ltft C· t-M'fl'(V; A1ftNMlfv6 PJ?>'Tfl{Pl. (Printed name, title, and license number, if requir&i)

AJA Document 0101 · - 20 11 . Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects . All rights reserved . The "American Institute of Architects ," "AIA ," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 23 produced by AIA software at 10:33:22 ET on 08/28/2020 under Order No.9708967834 which expires on 01 /14/2021 , is not for resale , is licensed for one-time use

h/ ~ I only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copy right@aia.org . ~ User Notes: (1666742903)

August 20, 2020

Ms. Esther Chung Purchasing director

SCHENKELSHULTZ 0 0 0 ARCHI TE C T UR EO O 0

Columbia County Board of County Commissioners P.O. Box 1529 Lake City, FL 32056

RE: Columbia County Emergency Operations Center -FINAL- Fee Proposa l Contract o.: TBD

Dear Esther,

SCHENKELSHULTZ is pleased to submit the fee proposal below for yo ur new Emergency Operations Center. Our proposal is based upon the final scope of work identified in the Architectural / Engineering Design Consultant Services Agreement dated August l 0, 2020. SCHENKELSHUL TZ wi ll be responsible for the Architectural and Engineering design for your renovated existing or new Emergency Operations Center in Lake City, FL. Our proposal includes the attached exh ibits: A-Scope of Project, B-Scope of Services, C-Schedule of Compensation and D-Deliverab les . We intend to utilize the fo llowing consultants:

1. CHW/ Civil Engineering, Surveying and Landscaping located in Alachua, FL. 2. Burton Braswe ll Middelb rooks (BBM)/ Structural Engineer located in Longwood, FL. 3. TLC Engineering for Architecture MEP/FP/Security Engineers located Orl ando, FL.

For the retrofit or new design of the Columbia County Emergency Operations Center, we propose a fixed fee of $200,000.00 (Two Hundred Thousand Dollars). This fee includes site survey, landscaping, civil, architectural, structural, mechanical, electrical, plumbing, fire protection and security performed in three phases: planning design , 90% construction documents, and 100% construction documents.

Clarifications:

• Construction Admin istration scope of services is not inc luded • Sustainable design certificat ion of any kind is not included. • Permitting and application fees are not included. • Proj ect will be completed using Revit (BIM). • Except fo r documents required for permitting, all project submittals to be provided electronically. • All reimbursab le expenses are included in the lump sum fee. • Fees fo r any required testing above and beyond the scope listed in the above items, are not included. • Any sign ificant changes or out of sequence changes in scope, client changes or unforeseen

conditions may require additiona l services. • This proposal does not constitute a contract. • These documents are prepared for use via a Construction Manager at ri sk process. • Project fees are substantially lower due to the amo unt approved through the State grant.

SchenkelShul tz reserves the right to negotiate for add itional des ign fees if and when the Columbia County receives fundin g for construction.

• Estimating services are not included. • Documents for all phases will only be provide electro nically.

200 E. Robinson Street, Suite 300, Orlando, FL 3280 I

407-872-3322 voice • fax 407-872-3303 • www.schenkelshultz.com

ATTN: Ms. Esther Chung RE: Columbia County Emergency Operations Center Page 2

If you have any questions regarding the above, please don' t hesitate to call. We look forward to working with you.

Thank you.

Sincerely,

SCHENKELSHULTZ

Johnnie Lohrum Jr, AJA Principal

Attachments: Exhibit A - Scope of Project Exhibit B - Scope of Services Exhibit C- Schedule of Compensati on Exhibit D - Deliverables Exhibit E- Hourl y Rates

Cc: DL, IDL, IZ/ SCHENKELSHUL TZ

SCHENKELSH UL TZ 0 0 D A R CH ITE C TUREO OD

Columbia County

Emergency Operations Center

Exh ibit A - Project Scope

Planning & Design

August 20, 2020 - Page l

The building that houses the Emergency Operations Center fac ility is a l-story 14,384 square foo t faci lity. In

addition to the EOC the fo llowing county departments are co llected in this faci li ty: The county Public Safety

Answering Point (PSAP), 911 Dispatch Center and admin istrati ve offices; Code enforcement; Central

Communications; 911 Addressing/GIS, and the Emergency Management Admini strative office. Also

included in the building layout-out are two (20 break areas, two (20 restrooms locations, a single person

shower and several storage closets.

The design team shall evaluate the existing faci lity and determine whether or not it can be retrofit to meet the

ICC 500-2014 requirements. If not, a new design shall be developed.

200 E. Robinson Street, Suite 300, Orlando, FL 32801

407-872-3322 voice • fax 407-872-3303 • www.schenkelshultz.com

SCHENKELSH U LTZ DO D A R C HITE C T U RED OD

Columbia County

Emergency Operations Center

Exhibit B - Scope of Services

Planning & Des ign

August 20, 2020 - Page 1

Phase One - Planning Design

1) The CONSUL TANT shall eva luate the exi sting facility to determine if it can meet the requi rement

ofICC 500-2014.

2) The CONSULT ANT shall evaluate the locations and deve lop a list of locations/areas o f the fac ility

that will adequately serve the primary purpose.

3) The CO SUL TANT shall develop a master plan study to evaluate and compare site planning

options .

4) The CO SULT T shall make recommendations on s ite se lection process.

5) THE C0 1 SUL TA T shall conduct intervi ews of County staff for the development of conceptual

design for the new Emergency Operations Center.

6) THE CO SULT A T shall prepare a PRM (Project Requirements Manual) to include the fo llowing:

A) Conceptual Des ign Narrati ve :

List of goals and obj ecti ves of the County for the building.

Des ign criteri a fo r each building system - architectural, structural, HY AC, electrical,

lighting, plumbing, fire protecti on, li ghtening protection, security, fire alarrn, IT/

Commun ications/ AV Systems, civil engineering (utilities, zoning, parking,

environmental, grading, drainage, paving, access, spec ial items such as automated

building systems.), landscaping, special systems, fu el an water station, generators,

building automatio n system, redundant systems, self-sufficient on-site util iti es and

related issues. Des ign criteria shall include, but not be limited to, redundant systems,

systems for 24 hour operation, emergency back-up systems such as generators.

B) Building Program Spreadsheet with roo m names, square footages of County program spaces

and core infrastructure space and total square footage. The program shall include base bid and

alternates.

C) Conceptual site plan. Diagramatic site plan layouts including building footprint, parking and

dri ve access, storm water, utilities, emergency vehicle access, easements, setbacks.

D) Water/ sewer utili ty capac ity analysis and recommendation.

7) THE CO SULT A T shall conduct Design Workshops where the THE CONSULT T sketches

diagrams and drawings along side County sta ff to full y in vestigate the building and site layout in a

co llaborative manner.

8) THE CO SUL TA T shall conduct Meetings with the County, vendors and agencies as necessary

to design the building. THE CONSULT T shall prepare Meeting Agenda and Meeting Reports

Columbia County

Emergency Operations Center

Exhibit B - Scope of Services

Planning & Design

August 20, 2020 - Page 2

fo r each encounter. Coun ty wi ll schedu le County-CONSULT ANT meetings. THE CONSULT T

will schedule vendor and agency meetings such that the County may be present at a ll meetings.

9) THE CO SULT ANT shall provide geotechnical and land survey ing engineering services. Land

surveys to be signed and sealed by a F lorida licensed surveyor. Land surveys to include boundary,

legal description, topography and uti lit ies in acco rdance with Florida Administrati ve Code SJ-17

and state plane coo rdinates AD 83/90 (Datum), FL EAST ZONE. Topography in one foo t

contours plus spot elevations of buildi ngs, structures, pavement and related appurtenances. Survey

shall identi fy, dimension and dimensionally locate a ll buildings, structures, septic tanks, drain

fi elds, fencing, pavement, wells, fuel tanks and fi xed equipment. Survey shall identify and

dimens ionally locate all util ities, above and below grade, o n-site and within the adjacent right-of­

way. Utilities may include water, sewer, li ft stations, power, gas, cable TV & internet, phone,

communicati ons, storm water, fire fi ber optics and fire hydrants. Survey shall provide s ize and

material of piping, in vert elevations, slope and distance between adjacent piping. Work includes title

search and documentation on the survey drawing of easements, right-o f ways and other

imped iments. Surveyor shall coo rd inate a ll agencies fo r utility locates. Survey of items below

ground shall be by soft dig or ground penetrating radar as may be necessary. Geotechnical report

shall be signed and sealed by Florida licensed geotechnical eng ineer. It shall provide necessary

testing, evaluation and recommendations as may be requ ired by the architect/ eng ineer of reco rd in

order that they may des ign the site preparation, storm water system, pavement systems and bui lding

fo undation.

10) THE CONSUL TANT shall prepare dimensioned, to scale drawings:

a) F loor plan with structural elements, fu rni ture, equ ipment, cabinetry.

b) Life safety fl oor plan

c) Exterior elevation views of the bui !ding indicati ng materi als of exterior enve lope. North, south,

east, west.

d) Build ing Section(one).

e) Typ ical Wall Section.

f)

g) h)

i) j )

Conceptual site plan.

E lectrical single line diagram.

Schematic electrical and securi ty s ite plans.

Schematic HY AC plan.

Schemat ic plumbing and fire protecti on plans.

k) Schematic security fl oor plans.

11) THE CONSULT T shall prepare a building and si te code summary.

12) THE CONSULT A T shall make revis ions to the drawings in response to recommendations made

by the County.

Columbia County

E mergency Operat ions Center

Exhibit B - Scope of Services

Planning & Design

August 20, 2020 - Page 3

13) THE CONSULTANT shall conduct meetings with the County, vendors and agencies as necessary to

design the bu ild ing. THE CONSULTANT shall prepare Meeting Agenda and M eeting Reports for

each enco unter. County will schedule County- CO SULT ANT meetings. THE CO SULT ANT

wi ll schedule vendor and agency meetings such that the County may be present at a ll meetings. The

quantity of meetings will be on the bas is of the preliminary schedule and includes add itional

meetings as necessary due to specific issues o r needs as they arise.

Phase Four - Construction Documents

1) THE CO SUL TA T shall prepare technical specifications d ivision 1 through 26 - Construction

Specification Inst itute fo rmat. All specificat ions shall be in a book not on the drawings. F inish door

hardware schedule and commercial kitchen equipment schedu le, civil engineering specs, landscape

architecture specs, architectural specs, structural system specs, communication specs, security specs,

electrical specs, mechanical specs, plumbing specs, bui lding automation specs, generator and

redundant system specs, fire pro tection specs, & NV spec ifications will be included as a part of the

division 1 through 26 specs in the book.

2) THE CONSULT A T shall revise the 90% construction docum ents as directed by the OWNER.

3) THE CO SULTANT shall prepare dimensioned, to scale drawings:

a) Updated floor plan wi th structural elements, furniture, equipment, and cabinetry.

b) Structural fo undation and framing plans.

c) Structural detai ls.

d) Exterior elevation views of the building indicating materials of exterior enve lope. o rth, south,

east, west.

e) Building Sections.

f) Wall Sections.

g) B uilding envelope and penetrati on detai ls.

h) Roof plan with all penetrations, equipment and deta il s.

i) j )

Interior fini sh schedule.

Door and W indow Schedules with detail s.

k) Refl ected ce iling plan with a ll ceili ng mo unted systems.

I) Ceiling and wall details.

m) Life safety plan w ith building code summary.

n) C ivil site drawings .

o) Landscape and irrigation drawings.

p) E lectrical, security, lighting and communications site plan.

q) E nlarged roo m plans with furni ture and equi pment layouts - mechani cal, electrical,

commun icati ons, restrooms and showers, lobby, roo ms with cab inetry, plumbi ng, spec ial

fin ishes or special equi pment.

r) Interior elevation views.

s) Cabinet details.

Columbia County

Emergency Operations Center

Exhibit B - Scope of Services

Planning & Des ign

August 20, 2020 - Page 4

t) HV AC, plumbing and fire protection drawings.

u) Building automation drawings. v) Generator and redundant systems drawings.

w) Lightning protection drawings.

4) THE CO SULT ANT shall conduct Meetings with the County, vendors and agencies as necessary

to design and permit the building. The CONSULTANT shall attend the PREBID confe rence. THE

CONSULT ANT shall prepare Meeting Agenda and Meeting Reports for each encounter. THE

CO SULT ANT will schedule vendor and agency meetings such that the County may be present at

all meetings. The quantity of meetings will be on the bas is of the preliminary schedule includes

additional meetings as necessary due to spec ifi c issues or needs as they ari se.

5) THE CO SULT ANT shall provide required FDEM documentation as listed in section II and III of

the RFQ 2020-1 documents.

** End of E.xhibit B*

SCHENKELSHULTZ 0 0 0 A R C HITE C TUREO O 0

Columbia County

Emergency Operations Center Exhibit C - Professional Services Compensation

Planning & Des ign

August 20, 2020 - Page 1

Professional Services Compensation

Phase One Services: Planning Design

100% Planning documents complete

Phase Two Services: 90% Construction Documents

90% Bid Documents complete

Phase Three Services: 100% Bid Documents

100% Bid Documents complete

TOTAL LUMP SUM COMPENSATION

30% $ 60,000.00

50% $100,000.00

20% 40,000.00

100% $200,000.00

SCHENKELSHULTZ 0 0 0 A R C HITE C TURED DD

Columbia County

Emergency Operations Center

Exh ibit D - Deli verables

Planning & Des ign

August 20, 2020 - Page 1

1) Per phased submittal , the Consultant wi ll submit prints as fo llows to the County :

E lectronic PDF fil es of 8 Y, x 11 spec books, drawings, calculations, proj ect requirements, manual, etc.

Notes:

Full size drawings shall be 30 inches x 42 inches

Half size drawings shall be 15 inches x 22 inches

2) CONSULT ANT shall provide all documentation li sted in Section III. Task Products, of the attached

RFQ- 2020-I.

SCHENKEL SHULTZ 0 D D A R C H T E C T U R E D D D

ARCHITECTURAL HOURLY RA TE SCHEDULE

Exhi bit E

Executive

Partner

Principal

Project Director I Manager

Project Archi tect Ill

Project Architect II

Project Architect I

Senior Interior Designer II

Senior Interior Des igner I

Designer III

Designer II

Designer I

Specification Writer

Construction Administration

Adm inistration

$ 295.00

$ 275 .00

$ 220.00

$ 175.00

$ 160.00

$ 140.00

$ 120.00

$ 150.00

$ 135.00

$ 125 .00

$ 100.00

$ 95.00

$ 160.00

$ 160.00

$ 75 .00

Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and are identified as fo llows:

- Transportation / Mileage (0.54 per mile) - Out of Town Travel Expenses - Long Distance Communications - Fees for Securing Permjts/ Approvals - Reproductions - Postage - Renderings I Models

* Actual billing rates will vary by individual and will vary with customary compensation changes and will be adjusted during normal annual review period.

T:\Hourly Rates\2018 Hourly Rates.Doc

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

COLUMBIA COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

REQUEST FOR QUALIFICATIONS 2020-1

DESIGN OR RETROFIT OF THE COUNTY EMERGENCY OPERA TIO NS CENTER

The Board of County Commissioners (BCC) will receive sealed proposals in the office of Commissioners, 135 NE Hernando Avenue, Post Office Box 1529, Lake City, FL 32056-1529, (386) 719-2028, until 2:00 PM on Thursday, April 23 , 2020, for the fo llowing:

Design or Retrofit of the County Emergency Operations Center.

To be eligible for consideration, all Proposers must be registered in the State of Florida to practice their profession at the time of proposal. Proposers without a complete proposal described will be considered improper. The Request for Qualifications (RFQ) information is available on line on ly at: http://www.columbiacountyfla.com/PurchasingBids.asp.

Proposals will be publicly opened in the Comm iss ioner' s Office at 2:00 PM on Thursday, Apri l 23 , 2020 or as soon thereafter as practical. Proposers are fully respons ible for the delivery of their proposal. Proposals may be withdrawn at any time prior to opening. Late proposals will not be accepted or considered. Proposals delivered in any other format other than specified in the RFQ will not be accepted under any circumstances. All questions regard ing this sol icitation shall be received in wntmg to Esther Chung at the address above or by email to echung@columbiacountyfla.com no later than Thursday, April 09, 2020 at 5:00 PM local time. Responses to those questions considered material to the so licitation shall be di stributed via forma l addenda.

Columbia County welcomes your response to thi s proposal. Proposals should be prepared in accordance with the instructions and will be evaluated by Columbia County as stated in the evaluation section of this document. Columbia County reserves the right to waive any fo rmalities, to reject any or all proposals or to re-advertise for proposals for these services. Columbia County may withdraw all or part of this proposal at any time to protect the interests of the County. All Proposers are asked to be thorough yet concise in their response. Fai lure to provide the response in the manner prescribed herein may be grounds for disqualification.

All Proposers are advised that under Chapter 119, Florida Statutes, all responses are deemed a public record and open to the public as provided for in said statute.

RFQ 2020-I Design or Retrofit o f the County Emergency Operations Center

I. INTRODUCTION

Co lumbia County, hereinafter referred to as the County, is requesting qualificati on statements from firms that have experience in performing design serv ices for a future new rep lacement or alteration, retrofit or remodeling of the ex isting County Emergency Operations Center (CEOC). The funds shall be used for architectura l and engineering planning and design serv ices.

11. SCOPE OF SERVICES

The building that houses the Emergency Operations Cente r fac ility is a 1-story 14,3 84 square foot faci lity. In addition to the EOC the following county departments are collocated in this facility: The County Public Safety Answering Point (PSAP), 9-1-1 Dispatch Center and administrative offices; Code Enforcement; Central Comm unications; 9-1-1 Addressing/GIS , and the Emergency Management adm inistrative office. Also included in the building lay-out are two (2) break areas, two (2) restroom locations, a single person shower and several storage closets.

1. The design of the CEOC sha ll be capable of withstanding wi nd loads in accordance with the hurricane provisions of ICC 500-2014. The minimum wind design shall include:

Design Wind Speed= 160 miles per hour (3 second gust) Exposure Category = C Wind Directionality Factor, Kd = 1.00

The construction documents shall be titled "Co lumbia County Emergency Operations Center, 2020."

2. The structural engineer of record shall include a statement in the construction documents certify ing to the best of their knowledge and belief the CEOC was designed to withstand wind loads according to ICC 500-20 14 and ASCE/SEl 7-(include publication year).

3. The CEOC shal l resist penetration by large windborne debris impact. At a minimum the CEOC envelope (e.g. , wa ll s, windows, doors, louvres, roofs, skylights and hatches) shall meet the hurricane prov isions of ICC 500-2014, or simi lar performance as approved by the Division. Impact-protective systems or products that meet 200 miles per hour or greater ICC 500-2014 tornado shelter design wind speed missile criteria are acceptab le.

4. The minimum floor elevation of the CEOC shall be modifi ed from ICC 500-2014 in accordance with the fo llowing: the lowest floor used fo r the CEOC shall be elevated to or above the higher of the elevations determined by: 1. 100-year ( one percent annual chance) base flood elevation plus three (3) feet; 2. 500-year (0.2 percent annual chance) fl ood elevation (if determined) plus two (2) feet; and 3. Elevation required by the AHJ (authority having jurisdiction) for the proposed location. If a proposed location is not se lected for the future CEOC during the

Page 2 of 17

RFQ 2020-1 Design or Retrofit of the County Emergency Operations Center

planning and design period of performance, the lowest floor elevation determination outlined in this Section shall be incorporated into the construction documents.

5. The critical support system functional period of the CEOC shall be modified from ICC 500-2014 in accordance with the fo ll owing: critical support systems shall be des igned to remain functional at fu ll emergency operations center occupant load for a minimum of 72-hours. Critical support systems shall not be so lely reliant upon off-s ite services and utilities (e.g. water, natural gas fue l, electricity) .

Ill. TASK PRODUCTS

1. One (1) copy of the site survey (if applicable); 2. Site master plan; 3. Spatial needs assessment; 4. Schematic design plan or preliminary des ign drawi ngs. The spatial needs assessment and schematic design plan/preliminary design may be one document.

2. One (1) set of substantially complete (approximate ly 90 percent) preliminary construction drawings and specifications for the CEOC for review and comment by the F lorida Division of Emergency Management (FDEM). The drawings shall include site survey informat ion, landscaping, civ il , architectural, structural, mechanical, plumbing and electri cal drawings.

3. One (1) near bid-ready set of construction drawings, specifications and wind load and wind-borne debris impact product performance certifications (or test reports) for the CEOC for review and comment by FDEM. The construction drawings shall include site survey informat ion, landscaping, civ il , architectural, structural, mechanical , plumbing and electrical drawings and be signed by the applicab le registered or licensed design profess ional(s) of record.

4. The construction documents shal I demonstrate that the CEOC meets the requirements set forth in Scope of Work sections II. A - ILE. Failure to supply the required documentation, or disapproval of thi s documentation by FDEM, shall result in denial or reduction of funds at the so le di scretion of FDEM.

5. Force protection and security measures sha ll be consistent with Reference Manual to Mitigate Potential TeLTori st Attacks Against Buildings (FEMA 426), Crime Prevention Through Environmental Design (CPTED) or other federal or state recognized best-practices guidelines as approved by FDEM.

IV. SUBMITTAL REQUIREMENTS

1. Proposers shall submit one (1) orig inal, marked "Original", fo ur (4) copies marked "Copy", and one (1) flash drive in a sealed envelope clearl y marked on the outs ide with the Proposer' s name and "Sealed proposal for RFQ 2020-1 Design or

Page 3 of 17

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

Retrofit of the County Emergency Operations Center" by 2:00 pm EST on Thursday April 23, 2020 addressed and delivered to:

Columbia County Board of County Commissioners 135 NE Hernando Avenue, Suite 203

Lake City, FL 32055

This solicitation and others can be located on the Columbia County Current Bids and Proposals at: https://www.columbiacountyfla.com/PurchasingBids.asp.

2. Interested firms or individuals sha ll include the fo llowing info rmation in their submittals in the exact order li sted here with separating page tabs in an 8.5 by 11-page fo rmat. The proposals shall be bound, or in a three-ring binder or equivalent fo lder. The Proposer should not withhold any information from the written response in antic ipation of presenting the information orally or in a demonstration. Each Proposer shall submit adeq uate documentation to certify the Proposer's compliance with the BCC's requirements. Submissions sha ll be clear and concise and provide the informat ion requested herein .

3. Firms shall submit written qualifications and a proposed project approach which clearly demonstrates their ab ili ty to prov ide quality serv ices in a timely and cost effective manner. Submitta ls must include the following:

Tab 1: Letter of Interest • A letter stating the Proposer 's interest in this proposal signed by the person who

wi ll have contract authority over it. • Identify the project's principal contact and contact information • Include a statement that the contents of the submi tta l are true and accurate. • Provide an overv iew of the key areas of the proposal and summarize the

Proposer's position as to why the firm should be se lected. The Letter ofln terest shall not exceed two (2) pages in length.

Tab 2: Qualifications and Background of F irm • General background and resources • Documentation of experience on simi lar projects (include c lient references with

contract information) • Firms must detail their experience with: Emergency Operations Centers or

simi lar projects, familiarity w ith Emergency Operations Center standards, procedures, regulations, and reporting requirements

• Current workload

Tab 3: Qualifications of Staff • Organization and resumes of the project team personnel and sub-consultants.

All professionals assigned to the project must be licensed in the State of Florida.

Tab 4: Technica l Approach

Page 4 of 17

RFQ 2020-1 Design or Retrofit o f the County Emergency Operations Center

• Outl ine of proposed proj ect approach and schedule

Tab 5: Response Forms • Proposers shall complete and execute the response forms specified below and

found at the designated pages in this RFQ, and shall include them in the section tabbed 5:

o Vendor Information and Signature Form o Non-Collusion Affidav it o Public Entity Crimes Form o Drug-Free Workp lace Certificate o Conflict oflnterest Disclosure Statement o Certificate Regarding Debarment, Suspension and Other Responsibility

Matters o 44 CFR Part 18 - Certifi cation Regarding Lobbying Certification for

Contracts, Grants, Loans, and Cooperative Agreements o Proof of General Liability Insurance o Proof of Workers' Compensation Insurance

Tab 6: Proposed Contract

Tab 7: Additional Material • Each Respondent may, but is not required to, include any other materials

deemed necessary but not provided otherw ise (such as promotional literature, white papers, etc.). They should be clearly marked "Additi onal Materials".

ote that these materials may or may not be reviewed by a ll evaluators and will not be part of the officia l evaluation except to the extent they support qualification and experience.

V. EVALUATION CRITERIA

A committee comprised of County staff w ill review a ll submitted quali fications. A short list of firms will be determined from the responses rece ived. The short li st firm s may be invited fo r an interview and department visit prior to final se lecti on made. The eva luation criteria are as fo llows:

Letter of Interest Qualifications and Background of F irm Reference Letters Qualifications of Staff Technical Approach Response Forms TOTAL

0-10 0-25 0-10 0-25 0-20 0-10 0-100

The selection committee's rankings will be forwa rded as a recommendation to the Board of County Commiss ioners for their review and consideration.

Page 5 of 17

RFQ 2020-1 Des ign or Retrofi t of the County Emergency Operations Center

VI. NOTIFICATION

The selected firm w ill be given written notification by the County. The County w ill negotiate and execute a contract with the se lected firm (s) prior to the beginning of actual services. Work cannot begin until the contract has been app roved by the Columbia County Board of County Commissioners. Should contract negoti ations fa il , the County wi ll negotiate with one of the other highly ranked finns . In general, the contract will comply with applicable laws and standard provisions and shall contain the fo llowing terms:

1. Deta iled scope of services 2. Schedule fo r providing services 3. Cost of services

VII. RESERVED RIGHTS

The County shall not be responsible fo r any of the costs assoc iated with responding to the request for qualifications and all submitted materials shall become the property of the County. Furthermore, the County expressly reserves the fo llowing rights and options:

1. To rej ect any or all teams and re-adverti se if deemed necessary 2. Waive any or all formalities and technicalities 3. Approve, disapprove or cancel a ll services associated with the project

VIII. ADDITIONAL COUNTY CONDITIONS

All propos ing firm s or individuals shall comply with all conditions, requirements, and specifications conta ined herein, with any departure consisting suffic ient cause fo r rej ection of the response. However, Co lumbia County reserves the right to change the conditions, requirements and specifi cations as it deems necessary.

1. The submittal must be signed by a duly authorized offi c ia l of the propos ing organizati on or individual submitting the response;

2. No submittals will be accepted fro m any person or organizati on that is in arrears for any obl igation to Columbia County, or that otherw ise may be deemed irresponsible or unresponsive by county staff or the Co lumbia County Board of County Commiss ioners;

3. Co lumbia County is not obligated to enter into any contract as a result of the RFQ; 4. Columbia County reserves the right to rej ect any and a ll submittals or any part

thereof and to select the most responsive firm that is deemed in the best interest of Columbia County;

5. Columbia County may approve or di sapprove the use of spec ific subcontractors in any bids;

6. Columbia County reserves the right to enter into an agreement with another proposing firm in the event that the originally selected firm fa il s to execute a contrac t with the County or defaults on their contracts;

Page 6 of 17

RFQ 2020-I Des ign or Retrofit o f the County Emergency Operations Center

7. Columbia County reserves the ri ght to negotiate w ith any, none or all of the propos ing companies .

8. A ll costs, including travel and expenses, incurred in the preparation of this statement of qualifications w ill be borne solely by the propos ing company;

9. The County will NOT return submittal materia ls to those submitting statements of qualifications;

10. The proposing firm shall complete and s ign the Vendor Info rmation and Signature Form ;

11 . No agreements with any selected firm shall be binding until a contract is signed and executed by the County Manager and authorized representati ves of the se lected firm.

IX. Vendor Certification:

The submiss ion of a response shall be deemed a representation and certification that the proposing firm :

1. Has carefully read and fully understands the informati on provided by Columbia County in this RFQ;

2. Is fin ancially so lvent and has the capability to successfull y undertake and complete the responsibilities and obligations of the response submitted;

3. Represents that all of the info rm ation contained in the submitted response is true and correct;

4. Did not in any way collude or conspire with any other parties, directly or indirectly, in regard to the amount, terms or conditions of thi s response;

5. Acknowledges that Columbia County has the right to make any inquiry it deems appropriate to substantiate or supplement informati on provided by propos ing vendors and herby grants Columbia County permiss ion to make these inquiries; and

6. Acknowledges that any response cannot be modifi ed after its submission for any reason.

Columbia County is an Equal Opportunity Employer and does not di scriminate on the bas is of sex, marital status, race, co lor, creed, national ori gin, age or disability.

Page 7 ofl 7

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

Vendor Information and Signature Form

Vendor Name

Trade License (If applicable)

Contact Person(s)

Street Address with City, State and Zip Code Mailing Address (If different from Above) Phone Number

Fax N umber

E-Mail

Proposer will do the work as Individual Joint Venture __ Partnership -- --Corporation

Date and State of Incorporation DATE: STATE:

Name of partnership or joint venture

By signing below, the submiss ion of qualifications shall be deemed a representation and certification by the Proposing Firm that you have investigated all aspects of the RFQ, have read and understands the RFQ.

Authorized Signature:

Printed Name of Signer:

Date Signed:

Title of Signatory:

RFQ 2020-I Des ign or Retrofit of the County Emergency Operations Center

Non-Coll usion Affidavit

STATE OF ___________ _

COUNTY OF

I state that I, ___________________ , of __________ ~ (Name and Title) (Name of Firm)

am authorized to make this affidavit on behalf of my firm and its owner, directors, and officers. I am the person responsible in my firm for the price(s) and amount(s) of this Response, and the preparation of the Response. I state that:

1.

2.

3.

4.

5.

The price(s) and amount(s) of this Response have been arrived at independently and without consultation, communication or agreement with any other Provider, potential provider, Proposal, or potent ial Proposal.

Neither the price(s) nor the amount(s) of this Response, and neither the approximate price(s) nor approximate amount(s) of this Response, have been disclosed to any other firm or person who is a Provider, potential Provider, Proposal, or potential Proposal, and they will not be disclosed before Proposal opening.

No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Response for this contract, or to submit a price(s) higher that the prices in this Response, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Response.

The Response of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response.

---------~ its affiliates, subsidiaries, officers, director, and employees (Name of Firm)

are not currently under investigation, by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to Proposal, on any public contract, except as fo llows:

I state that I and the named firm understand and acknowledge that the above representations are material and important, and will be relied on by the Board of County Commissioners of Columbia County, Florida for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is, and shall be treated as, fraudulent concealment from the State of Florida of the true facts relating to the submission of responses for this contract.

Dated this ___________ day of ______________ _

Name of Organization: ________________________ _

Signed by: _____________ _ Print Name: ___________ _

Being duly sworn deposes and says that the information herein is true and suffici ently complete so as not to be misleading.

The foregoing instrument was executed before me this day of _______ _ 20_, by as of _____________________ , who personal ly swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced ___ _ _________ as identification.

(stamp) NOT ARY PUBLIC, State of ___ _

Page 9 of 17

1.

2.

3.

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

Public Entity Crimes Statement

SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES: TIIlS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO

ADMINISTER OATHS.

This sworn statement is submitted with Proposa l, ITN, or Contract Number:

This sworn statement is submitted by _________________ _ [Name of entity submi tting sworn statement]

whose business address is and (if applicable) its Federal Employer Identification N umber (FEIN) is (If the entity has no FEIN, include the Social Security Number of the indi vidual sign ing this sworn statement: _________ _

My name is ________________ and my relationsh ip to the above is [Please print name of individual signing]

4. I understand that a "public enti ty crime" as defined in sect ion 287 .1 33(l)(g), Florida Statutes, means a violation of any state or fede ral law by a person with respect to and directly related to the transaction of business with any public entity in Florida or w ith an agency or political subdivision of any other state or with the United States, including, but not limi ted to, any proposa l or contract for goods or serv ices to be provided to any public entity or an agency or po litical subdivision and invo lving antitrust, fraud , theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation .

5. I understand that "convicted" or "convict ion" as defined in section 287. 133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a pub lic enti ty crime, with or without an adjudication of guilt, in any federa l or state trial court of record relating to charges brought by indictment or info rmation after Ju ly 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guil ty or nolo contenders.

6. I understand that "affiliate" as defined in section 287. 133(1) (a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity c rim e; or

b. An entity under the control of any natura l person who is act ive in the management of the entity and who has been convicted of a public entity crim e. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affi liate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fa ir market value under an ann's length agreement, shall be a prima facie case that one person contro ls another person. A person who knowingly enters into a joint venture w ith a person who has been convicted of a public enti ty crime in Florida during the preceding thirty-six (36) months shall be cons idered an affi liate.

7. I understand that a "person" as defined in section 287. 133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the Un ited States w ith the legal power to enter into a binding contract and which bids/proposals or applies to bids/proposals on contracts for the provision of goods or services let by a public enti ty, or which otherwise transacts or appli es to transact business w ith a public enti ty. The term "person" inc ludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Page 10 of 17

RFQ 2020-I Des ign or Retrofit of the County Emergency Operations Center

8. Based on inform ation 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].

__ Ne ither the ent ity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who is active in the management of the entity, nor any affi liate of the entity have been convicted of a publ ic enti ty 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 acti ve in the management of the entity, or an affi liate of the entity has been charged with and convicted of a pub lic enti ty crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies].

__ There has been a proceeding concerning the conviction before a j udge or hearing offi cer of the State of Florida, Division of Administrative Hearings, or a court of law having proper jur isdi ction. The final order entered by the hearing officer or judge did not place the person or affili ate on the convicted Contractor list. [Please attach a copy of the fi nal order.]

__ The person or affi liate was placed on the convicted Contractor list. There has been a subsequent proceeding before a court oflaw having proper jurisdiction or a j udge or hearing officer of the State of F lorida, Divis ion of Admini strative Hearings. The final order entered by the judge or hearing officer determined that is was in the public interest to remove the person or affi liate from the convicted Contractor list. [Please attach a copy of the final order.]

__ The person or affi liate has not been placed on any convicted vendor list. [P lease describe any action taken by or pending with the State of Florida, Department of Management Services .]

By the signature(s) below, I/we, the undersigned, as authorized signatory to comm it the firm , certify that the information as provided in thi s attachment, Pub lic Enti ty Crimes, is truthful and correct at the time of submission.

AFFIANT

Typed Name of AFFIANT

Title

STATE OF _____________ _

County OF _ ____________ _

The foregoing instrument was executed before me th is day of _______ _ 20 __ , by as of _____________________ , who perso nally swore or affirm ed that he/she is authorized to execute th is document and thereby bind the Corporation, and who is personally known to me OR has produced __ ____________ as identification.

(stamp) NOTARY PUBLIC, State of __ _

Page 11 of 17

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

Drug-Free Workplace Certification

The drug-free certification form below must be signed and returned with the solicitation response.

In order to have a drug-free workplace program, a business shall :

1. Publish a statement notifying employees that the un lawful manufacture, di stribution, dispensing, possession, or use of a controlled substance is prohibited in the workp lace and specifying the actions that wi ll be taken aga inst employees for violations of such prohibition.

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

3. Give each employee engaged in providing the commodities or contractual services that are under bid/proposal a copy of the statement spec ified in the first paragraph.

4. In the statement specified in the first paragraph, notify the employees that, as a condition of working on the commodities or contractual services that are under bid/proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guil ty or nolo contendere to, any violat ion of chapter 893 , Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

6. Make a good faith effort to continue to maintain a drug-free workp lace through implementation of the foregoing provisions.

By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in this Drug-Free Workplace Certification, is truthful and correct at the time of subm ission.

AFFIANT

Typed Name of AFFIANT

Title

STATE OF __________ _

County OF ______________ _ The foregoing instrument was executed before me this day of _______ _ 20 __ , by as of _____________________ , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced __ ____________ as identification.

(stamp) NOTARY PUBLIC, State of __ _

Page 12 ofl7

RFQ 2020-1 Design or Retrofit of the County Emergency Operations Center

Conflict oflnterest Statement

Before me, the undersigned authority, personally appeared ______________ ., who was duly sworn, deposes, and states:

I am the ____________ of ______________ with a local office (Insert Title) (Insert Com pany Name)

m ___________ and principal office in ________ _ Said ent ity is submitting this proposal/offer to , titled " "

1. The AFFIANT has made diligent inquiry and provided the information in this statement affidavit based upon its full knowledge.

2. The AFFIANT states that only one submittal for this so licitation has been submitted and tendered by the appropriate date and time and that said above stated entity has no financial interest in other entities submitting a proposal for the work contemplated hereby.

3 . Neither the AFFIANT nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion or collusive activ ity, or otherwise taken any action which in any way restricts or restraints the competitive nature of this solicitation, including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation.

4. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise prohibited from participation in this solicitation or any contract to follow thereafter by any government entity.

5. Neither the entity nor its affiliates, nor anyone assoc iated with them, have any potential conflict of interest because and due to any other clients, contracts, or property interests in this solicitation or the resulting project.

6. I hereby a lso certify that no member of the entity' s ownership or management or staff has a vested interest in any County Office or Department.

7. I certify that no member of the entity' s ownership or management is presently applying, actively seeking, or has been selected for an elected position within Columbia County governm ent.

8. In the event that a confl ict of interest is identified in the provision of services, I, the undersigned wi ll immediately notify the County in writing.

AFFIANT

Typed Name of AFFIANT

Title

STATE OF _____________ _

County OF _____________ _

The foregoing instrument was executed before me this day of _______ _ 20 __ , by as of _____________________ , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced __ ____________ as identification.

(stamp) NOTARY PUBLIC, State of __ _

Page 13 of 17

RFQ 2020-1 Design or Retrofit of the County Emergency Operations Center

Certificate Regarding Debarment, Suspens ion and Other Responsibility Matters

As required by Executive Order 12549, Debarment and Suspens ion, and implemented at 28 CFR Part 67 -

A. The applicant certifi es that it and its principals:

I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a deni al of federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency;

II. Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection w ith obtaining, attempting to obtain, or performing a public transaction; v iolation of Federal or State antitrust statutes or commiss ion of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

III. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with comm iss ion of any of the offenses enumerated in paragraph (a)(ii) of this certification; and

IV. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. (b) Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

As the duly authorized representative of the applicant, I hereby certify that applicant wil l comply with the above referenced certifications.

AFFIANT

Typed Name of AFFIANT

Title

STATE OF ____________ _

County OF _____________ _

The foregoing instrument was executed before me this day of ______ _ 20 __ , by as of ____________________ , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personall y known to me OR has produced ______________ as identification.

(stamp) NOTARY PUBLIC, State of ____ _

Page 14 ofl 7

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

44 CFR Part 18 - Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted w ith each proposa l or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or wi ll be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemphng to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with thi s Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form• LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (inc luding subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that al l sub recipients shall cert ify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 , U.S.C . § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned Contractor hereby certifies and attests to the accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of31 U.S.C. § 3801 et seq., apply to this cert ification and disc losure, if any.

AFFIANT

Typed Name of AFFIA T

Title

STATE OF ____________ _

County OF ______________ _

The foregoing instrument was executed before me this day of _______ _ 20_, by as of _____________________ , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced __ ____________ as ident ification.

(stamp) NOTARY PUBLIC, State of __ _

Page 15 of 17

RFQ 2020-1 Design or Retrofit of the County Emergency Operations Center

Proof of General Liability Insurance

Please attach Proof of General Liability Insurance.

Page 16 of 17

RFQ 2020-I Design or Retrofit of the County Emergency Operations Center

W-9 Form

Please attach W-9 Form.

Page 17 of 17

Agreement Number: F0021

STATE-FUNDED GRANT AGREEMENT

THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,

with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and COLUMBIA

COUNTY, (hereinafter referred to as the "Recipient").

THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:

A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to

provide the services identified herein; and

B. The Division has received these grant funds from the State of Florida, and has the authority to

subgrant these funds to the Recipient upon the terms and conditions below; and

C. The Division has statutory authority to disburse the funds under this Agreement.

THEREFORE, the Division and the Recipient agree to the following:

(1) LAWS, RULES. REGULATIONS. AND POLICIES

a. As required by Section 215.971 (1 ), Florida Statutes, this Agreement includes:

i. A provision specifying a scope of work that clearly establishes the tasks that

the Recipient is required to perform.

ii. A provision dividing the agreement into quantifiable units of deliverables that

must be rece ived and accepted in writing by the Division before payment. Each deliverable must be

directly related to the scope of work and specify the required minimum level of service to be performed

and the criteria for evaluating the successful completion of each deliverable.

iii. A provision specifying the financial consequences that apply if the Recipient

fails to perform the minimum level of service required by the agreement.

iv. A provision specifying that the Recipient may expend funds only for allowable

costs resulting from obligations incurred during the specified agreement period.

v. A provision specifying that any balance of unobligated funds which has been

advanced or paid must be refunded to the Division .

vi. A provis ion specifying that any funds paid in excess of the amount to which

the Recipient is entitled under the terms and conditions of the agreement must be refunded to the

Division.

b. In addition to the foregoing, the Recipient and the Division shall be governed by fill

applicable State and Federal laws. rules and regulations, including those identified in Attachment 8. Any

..--.-, .,

express reference in this Agreement to a particular statute , rule , or regulation in no way implies that no

other statute, rule, or regulation applies.

(2) CONTACT

a. In accordance with Section 215.971(2) , Florida Statutes, the Division's Grant

Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and

shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for

the Division shall:

i. Monitor and document Recipient performance; and ,

ii . Review and document all deliverables for which the Recipient requests

payment.

b. The Division's Grant Manager for this Agreement is:

Chanda D. Jenkins

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399

Telephone: 850-815-4342

Email: Chanda.Jenkins@em.myflorida.com

c. The name and address of the representative of the Recipient responsible for the

administration of this Agreement is:

Shayne Morgan

Post Office Box 1787

Lake City, Florida 32056

Telephone: 386-758-1383

Email: Shayne Morgan@columbiacountyfla.com

d. In the event that different representatives or addresses are designated by either party

after execution of this Agreement, notice of the name, title and address of the new representative will be

provided to the other party.

(3) TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the parties.

(4) EXECUTION

This Agreement may be executed in any number of counterparts, any one of which may

be taken as an original.

(5) MODIFICATION

Either party may request modification of the provisions of this Agreement. Changes

which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to

the original of this Agreement.

2

(6) SCOPE OF WORK

The Recipient shall perform the work in accordance with the Budget and Scope of Work,

Attachment A of this Agreement.

(7) PERIOD OF AGREEMENT

This Agreement shall begin on July 1, 2019 and shall end on June 30, 2022, unless

terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance

with Section 215.971(1)(d), Florida Statutes , the Recipient may expend funds authorized by this

Agreement "only for allowable costs resulting from obligations incurred during' the period of agreement.

(8) FUNDING

a. This is a cost-reimbursement Agreement, subject to the availability of funds.

b. The State of Florida's performance and obligation to pay under this Agreement is

contingent upon an annual appropriation by the Legislature, and subject to any modification in

accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.

c. The Division will reimburse the Recipient only for allowable costs incurred by the

Recipient in the successful completion of each deliverable. The maximum reimbursement amount for

each deliverable is outlined in Attachment A of th is Agreement ("Budget and Scope of Work"). The

maximum reimbursement amount for the entirety of this Agreement is $200,000.00.

d. The Division will review any request for reimbursement by comparing the

documentation provided by the Recipient against a performance measure, outl ined in Attachment A,

which clearly delineates:

i. The requ ired minimum acceptable level of service to be performed; and,

ii. The criteria for evaluating the successful completion of each deliverable .

e. The Division's Grant Manager, as requ ired by Section 215.971 (2)(c) , Florida

Statutes, shall reconcile and verify all funds received against all funds expended during the period of

agreement and produce a final reconciliation report. The final report must identify any funds paid in

excess of the expenditures incurred by the Recipient.

f. For the purposes of th is Agreement, the term "improper payment" means or includes:

i. Any payment that should not have been made or that was made in an

incorrect amount (including overpayments and underpayments) under statutory, contractual ,

administrative, or other legally applicable requ irements; and ,

ii. Any payment to an ineligible party, any payment for an ineligible good or

service, any duplicate payment, any payment for a good or service not received (except for such

payments where authorized by law), any payment that does not account for credit for applicable

discounts, and any payment where insufficient or lack of documentation prevents a reviewer from

discerning whether a payment was proper.

3

g. As required by the Reference Guide for State Expenditures, reimbursement for travel

must be in accordance with section 112.061 , Florida Statutes, which includes submission of the claim on

the approved state travel voucher.

(9) RECORDS

a. As a condition of receiving state financial assistance, and as required by sections

20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division , the Chief Inspector General of the State of

Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of

access to any documents, financial statements , papers, or other records of the Recipient which are

pertinent to this Agreement , in order to make audits, examinations, excerpts, and transcripts. The right of

access also includes timely and reasonable access to the Recipient's personnel for the purpose of

interview and discussion related to such documents. For the purposes of this section, the term "Recipient"

includes employees or agents, including all subcontractors or consultants to be paid from funds provided

under this Agreement.

b. The Recipient shall maintain all records related to this Agreement for the period of

time specified in the _appropriate retention schedule published by the Florida Department of State.

Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library­

archives/records-managemenUqeneral-records-schedules/.

c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)

provides the citizens of Florida with a right of access to governmental proceedings and mandates three,

basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2)

reasonable notice of such meetings must be given ; and , (3) minutes of the meetings must be taken and

promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to

bring that entity within the ambit of the open government requirements . However, the Government in the

Sunshine Law applies to private entities that provide services to governmental agencies and that act on

behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates

the performance of its public purpose to a private entity, then , to the extent that private entity is

performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer

fi re department provides firefighting services to a governmental entity and uses facilities and equipment

purchased with publ ic funds, then the Government in the Sunshine Law applies to board of directors for

that volunteer fi re department. Thus, to the extent that the Government in the Sunshine Law applies to

the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's

governing board or the meetings of any subcommittee making recommendations to the govern ing board

may be subject to open government requirements. These meetings shall be publicly noticed , open to the

public, and the minutes of all the meetings shall be public records, available to the public in accordance

with Chapter 119, Florida Statutes.

4

d. Florida's Public Records Law provides a right of access to the records of the state

and local governments as well as to private entities acting on their behalf. Unless specifically exempted

from disclosure by the Legislature, all materials made or received by a governmental agency (or a private

entity acting on behalf of such an agency) in conjunction with official business which are used to

perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.

The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity

within the ambit of the public record requirements. However, when a public entity delegates a public

function to a private entity, the records generated by the private entity's performance of that duty become

public records. Thus, the nature and scope of the services provided by a private entity determine whether

that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's

Public Records Law.

e. The Recipient shal l maintain all records for the Recipient and for all subcontractors or

consultants to be paid from funds provided under this Agreement, including documentation of all program

costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget

and Scope of Work - Attachment A - and all other applicable laws and regulations.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555

Shumard Oak Boulevard, Tallahassee, FL 32399.

(10) AUDITS

a. In accounting for the receipt and expenditure of funds under this Agreement, the

Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.

§200.49, GAAP "has the meaning specified in accounting standards issued by the Government

Accounting Standards Board (GASS) and the Financial Accounting Standards Board (FASS) ."

b. When conducting an audit of the Recipient's performance under this Agreement, the

Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2

C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government

auditing standards issued by the Comptroller General of the United States, which are applicable to

financial audits. n

c. If an audit shows that all or any portion of the funds disbursed were not spent in

accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to

5

the Division of all funds not spent in accordance with these applicable regulations and Agreement

provisions within thirty days after the Division has notified the Recipient of such non-compliance.

d. The Recipient shall have all audits completed by an independent auditor, which is

defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed

under chapter 473 ." The independent auditor shall state that the audit complied with the applicable

provisions noted above. The audits must be received by the Division no later than nine months from the

end of the Recipient's fiscal year.

e. The Recipient shall send copies of reporting packages required under this paragraph

directly to each of the following:

i. The Division of Emergency Management

DEMSingle Audit@em .myflorida.com

DEMSingle_Audit@em .myflorida.com

OR

Office of the Inspector General

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

ii. The Auditor General

Room 401, Claude Pepper Building

111 West Madison Street

Tallahassee, Florida 32399-1450

(11) REPORTS

a. The Recipient shall provide the Division with quarterly reports and a close-out report. These

reports shall include the current status and progress by the Recipient and all Sub-Recipients and

subcontractors in completing the work described in the Scope of Work and the expenditure of funds under

this Agreement, in addition to any other information requested by the Division .

b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of

the program year and shall be sent each quarter until submission of the administrative close-out report.

The ending dates for each quarter of the program year are March 31, June 30, September 30, and

December 31 .

c. The close-out report is due 60 days after termination of this Agreement or 60 days after

completion of the activities contained in this Agreement, whichever occurs first.

d. If all required reports and copies are not sent to the Division or are not completed in a manner

acceptable to the Division , the Division may withhold further payments until they are completed or may

take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the

work product was completed in accordance with the Budget and Scope of Work.

6

e. The Recipient shall provide additional program updates or information that may be required by

the Division.

f. The Recipient shall provide additional reports and information identified in Attachment D.

(12) MONITORING

a. The Recipient shall monitor its performance under this Agreement, as well as that of its

subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that

time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished

within the specified time periods, and other performance goals are being achieved. A review shall be

done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.

b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above,

monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope

audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring

procedures/processes deemed appropriate by the Division . In the event that the Division determines that

a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional

instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees

to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the

Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance

and financial management by the Recipient throughout the period of agreement to ensure timely

completion of all tasks.

(13) LIABILITY

a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida

Statutes, the Recipient is solely responsible to parties it deals with in ca rrying out the terms of this

Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties

arising from the work performed under this Agreement. For purposes of this Agreement, Recipient

agrees that it is not an employee or agent of the Division, but is an independent contractor.

b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida

Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims

or suits against the Division , and agrees to be liable for any damages proximately caused by the acts or

omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve

as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall

be construed as consent by a state agency or subdivision of the State of Florida to be sued by third

parties in any matter arising out of this agreement.

(14) DEFAULT

If any of the following events occur ("Events of Default") , all obligations on the part of the Division

to make further payment of funds shall , if the Division elects, terminate and the Division has the option to

exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make

7

payments or partial payments after any Events of Default without waiving the right to exercise such

remed ies, and without becoming liable to make any further payment:

a. If any warranty or representation made by the Recipient in this Agreement or any previous

agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to

keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement

with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its ob ligations

under this Agreement;

b. If material adverse changes occur in the financial condition of the Recipient at any time

during the period of agreement, and the Recipient fails to cure this adverse change with in thirty (30) days

from the date written notice is sent by the Division .

c . If any reports required by this Agreement have not been submitted to the Division or have

been submitted with incorrect, incomplete or insufficient information;

d. If the Recipient has failed to perform and complete on time any of its obligations under this

Agreement.

(15) REMEDIES

If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice

to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or

more of the following remedies , either concurrently or consecutively:

a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior

written notice of the termination. The notice shall be effective when placed in the United States, first class

mail, postage prepaid , by registered or certified mail- return receipt requested, to the address in paragraph

(2) CONTACT herein ;

b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;

c . Withhold or suspend payment of all or any part of a request for payment;

d. Require that the Recipient refund to the Division any monies used for ineligible purposes

under the laws, rules and regulations govern ing the use of these funds .

e. Exercise any corrective or remedial actions, to include but not be limited to:

i. request additional information from the Recipient to determine the reasons for

or the extent of non-compliance or lack of performance,

ii . issue a written warning to advise that more serious measures may be taken if

the situation is not corrected ,

iii . advise the Recipient to suspend, discontinue or refrain from incurring costs

for any activities in question or

iv. require the Recip ient to reimburse the Division for the amount of costs

incurred for any items determined to be inel igible;

f . Exercise any other rights or remedies which may be available under law.

8

Pursuing any of the above remedies will not stop the Division from pursuing any other remedies

in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this

Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any

other right or remedy of the Division, or affect the later exercise of the same right or remedy by the

Division for any other default by the Recipient.

(16) TERMINATION.

a. The Division may terminate this Agreement for cause after thirty (30) days written notice.

Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,

failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,

letter, or other material subject to disclosure under Chapter 119, Fla. Stat. , as amended.

b. The Division may terminate this Agreement for convenience or when it determines, in its sole

discretion, that continu ing the Agreement would not produce beneficial results in line with the further

expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice.

c. The parties may agree to terminate this Agreement for their mutual convenience through a

written amendment of this Agreement. The amendment will state the effective date of the termination and

the procedures for proper closeout of this Agreement.

d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the

terminated portion of this Agreement after the Recipient has received the notification of termination. The

Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the

termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division

because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by

law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due

the Division from the Recipient is determined.

(17) SUBCONTRACTS

If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned

subcontract must be forwarded to the Division for review and approval before it is executed by the

Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the

terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and

regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of

whatever nature arising out of the subcontractor's performance of work under this Agreement, to the

extent allowed and required by law. The Recipient shall document in the quarterly report the

subcontractor's progress in performing its work under this Agreement.

For each subcontract, the Recipient shall provide a written statement to the Division as to whether

that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla . Stat.

(18) ATIACHMENTS

a. All attachments to this Agreement are incorporated as if set out fully.

9

b. In the event of any inconsistencies or conflict between the language of this Agreement and

the attachments, the language of the attachments shall control , but only to the extent of the conflict or

inconsistency.

c. This Agreement has the following attachments:

Exhibit 1 - Funding Sources

Attachment A - Budget and Scope of Work

Attachment B - Program Statutes and Regulations

Attachment C - Statement of Assurances

Attachment D - Justification of Advance Payment

Attachment E - Warranties and Representations

Attachment F - Certification Regarding Debarment

(19) PAYMENTS

a. Any advance payment under th is Agreement is subject to Section 216.181 (16), Florida

Statues. All advances are required to be held in an interest-bearing account. If an advance payment is

requested, the budget data on which the request is based and a justification statement shall be included

in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed

and provide an explanation of the necessity for and proposed use of these funds. No advance shall be

accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced

payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed .

b. Invoices shall be submitted at least quarterly and shall include the supporting documentation

for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the

expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of

quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly

reporting as referenced in paragraph (11) REPORTS of this Agreement.

c. If the necessary funds are not available to fund this Agreement as a result of action by the

United States Congress, the federal Office of Management and Budgeting , the State Chief Financial

Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any

further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty

days of receiving notice from the Division .

(20) REPAYMENTS

All refunds or repayments due to the Division under this Agreement are to be made payable to

the order of "Division of Emergency Management," and mailed directly to the fol lowing address:

10

Division of Emergency Management

Cashier

2555 Shumard Oak Boulevard

Tallahassee FL 32399-2100

In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for

collection , Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the

returned check or draft, whichever is greater.

(21) MANDATED CONDITIONS

a. The validity of this Agreement is subject to the truth and accuracy of all the information,

representations, and materials submitted or provided by the Recipient in this Agreement, in any later

submission or response to a Division request, or in any submission or response to fulfill the requirements

of this Agreement. All of said information, representations , and materials is incorporated by reference.

The inaccuracy of the subm issions or any material changes shall, at the option of the Division and with

thirty (30) days written notice to the Recipient , cause the termination of th is Agreement and the release of

the Division from all its obl igations to the Recipient.

b. This Agreement shall be construed under the laws of the State of Florida, and venue fOi any

actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this

Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be

null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other

provision of this Agreement.

c. Any power of approval or disapproval granted to the Division under the terms of this

Agreement shall survive the term of this Agreement.

d. This Agreement may be executed in any number of counterparts, any one of which may be

taken as an original.

e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-

336, 42 U.S.C. Section 12101 et seq.) , which prohibits discrimination by public and private entities on the

basis of disability in employment, public accommodations, transportation, State and local government

services, and telecommunications.

f. Those who have been placed on the convicted vendor list following a conviction for a public

entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods

or services to a public entity, may not submit a bid on a contract with a public entity for the construction or

repair of a public building or public work , may not submit bids on leases of real property to a public entity,

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a

contract with a public entity, and may not transact business with any public entity in excess of $25,000.00

1 1

for a period of 36 months from the date of being placed on the convicted vendor list or on the

discriminatory vendor list.

g. Any Recipient which is not a local government or state agency, and which receives funds

under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it

and its principals:

i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by a federal department or agency;

ii. Have not, within a five-year period preceding this Agreement been convicted of or had

a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining , attempting

to obtain, or performing a public (federal , state or local) transaction or contract under public transaction;

violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements, or receiving stolen property;

iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental

entity (federal, state or local) with commission of any offenses enumerated in paragraph (21 )(g)(ii) of th is

certification; and

iv. Have not within a five-year period preceding this Agreement had one or more public

transactions (federal, state or local) terminated for cause or default.

If the Recipient is unable to certify to any of the statements in this certification, then the Recipient

shall attach an explanation to this Agreement.

In addition, the Recipient shall send to the Division (by email or by facsimile transmission)

the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary

Exclusion" (Attachment F) for each intended subcontractor that Recipient plans to fund under this

Agreement. The form must be received by the Division before the Recipient enters into a contract

with any subcontractor.

h. The State of Florida's performance and obligation to pay under this Agreement is contingent

upon an annual appropriation by the Legislature, and subject to any modification in accordance with

Chapter 216, Florida Statutes, or the Florida Constitution.

i. All bills for fees or other compensation for services or expenses shall be submitted in detail

sufficient for a proper pre-audit and post-audit thereof.

j . Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida

Statutes.

k. The Division reserves the right to unilaterally cancel this Ag reement if the Recipient refuses

to allow public access to all documents, papers, letters or other material subject to the provisions of

Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.

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I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,

any interest income shall either be returned to the Division or be applied against the Division's obligation

to pay the contract amount.

m. The State of Florida will not intentionally award publicly-funded contracts to any contractor

who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions

contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (" INA")].

The Division shall consider the employment by any contractor of unauthorized aliens a violation of

Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in

Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division .

n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,

Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any

subcommittee making recommendations to the governing board. All of these meetings shall be publicly

noticed, open to the public, and the minutes of all the meetings shall be public records, available to the

public in accordance with Chapter 119, Fla. Stat.

o. All expenditures of state financial assistance shall be in compl iance with the laws, rules and

regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for

State Expenditures.

p. This Agreement may be charged only with allowable costs resulting from obligations incurred

during the period of agreement.

q. Any balances of unobligated cash that have been advanced or paid that are not authorized to

be retained for direct program costs in a subsequent period must be refunded to the State.

r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase

of or improvements to real property are contingent upon the contractor or political subdivision granting to

the state a security interest in the property at least to the amount of state funds provided for at least 5

years from the date of purchase or the complet ion of the improvements or as further required by law.

s. The Division may, at its option , terminate the Contract if the Contractor is found to have

submitted a false certification as provided under section 287.135(5), F.S., or been placed on the

Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have

been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

(22) LOBBYING PROHIBITION

a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids

appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant

or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial

branch, or a state agency."

13

b. No funds or other resources received from the Division under this Agreement may be used

directly or indirectly to influence legislation or any other official action by the Florida Legislature or any

state agency.

(23) COPYRIGHT. PATENT AND TRADEMARK

EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN

CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO

THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION

WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE

RECIPIENT TO THE STATE OF FLORIDA.

a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and

entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.

b. If any discovery or invention is developed in the course of or as a result of work or services

performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery

or invention to the Division for a determination whether the State of Florida will seek patent protection in

its name. Any patent rights accruing under or in connection with the performance of this Agreement are

reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are

produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the

performance under this Agreement are transferred by the Recipient to the State of Florida.

c. With in thirty (30) days of execution of th is Agreement, the Recip ient shall disclose all

intellectual properties relating to the performance of this Agreement that he or she knows or should know

could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre­

existing intellectual property that is disclosed. Failure to disclose will indicate that no such property

exists. The Division shall then , under Paragraph (b), have the right to all patents and copyrights that

accrue during performance of this Agreement.

d. If the Recipient qualifies as a state university under Florida law, then, pursuant to section

1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall

become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly

by one or more employees of both parties hereto, each party shall have an equal, undivided interest in

and to such joint inventions. The Division shall retain a perpetual , irrevocable, fully-paid , nonexclusive

license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked

work products, developed solely by the Recipient, under th is Agreement, for Florida government

purposes.

(24) LEGAL AUTHORIZATION.

The Recip ient certifies that it has the legal authority to receive the funds under this Agreement

and that its governing body has authorized the execution and acceptance of this Agreement. The

14

Recipient also certifies that the undersigned person has the authority to legally execute and bind

Recipient to the terms of this Agreement.

(25) ASSURANCES.

The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.

15

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

RECIPIENT:

COLUMBIA COUNTY

Name anrnte ~ w; It am", C!.hai I Date: {3 -:) - \ g FID# _________ _

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

By r,,R<;;?~&--Name and r Jared Moskowitz, Director

Date: ___ //_~- ~-~.:;...;;~=----.?A_ (z'-,1£--

16

EXHIBIT - 1

STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST

OF THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

State Project -

State awarding agency Florida Division of Emergency Management

Catalog of State Financial Assistance title Columbia County Emergency Operations Center Phase 1

Catalog of State Financial Assistance number 31.064

Amount of State Funding: $200,000.00

17

I.

II.

ATTACHMENT A

PROPOSED BUDGET AND SCOPE OF WORK

PROPOSED BUDGET

Anticipated Category Expenditure

Amount

Salary and Benefits

Other Personal/Contractual Services $~\000 . 00

Administrative Expenses (Limited to no more than 5%)

Expenses

Operating Capital Outlay

Fixed Capital Outlay $200,000.00

Total Expenditures $200,000.00

BACKGROUND

As documented by Chapter 2019-115, Laws of Florida, Section 6, Specific Appropriation 2669, the Legislature and the Governor appropriated $1,800,000 of Fixed Capital Outlay funds to provide planning and design grants for nine fiscally constrained counties whose Emergency Operations Centers do not meet minimum hurricane safety criteria.

2669 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY EMERGENCY MANAGEMENT CRITICAL FACILITY NEEDS

FROM GENERAL REVENUE FUND •... . ...... . ..... . 14,745,500

From the nonrecurring funds from the General Revenue Fund provided in Specific Appropriation 2669, $1,800 , 000 is allocated to provide planning and design grants to up to nine fiscally constrained counties whose Emergency Operations Centers do not meet minimum hurricane safety criteria. The funds shall be used for engineering planning and design services.

Columbia is one of the nine fiscally constrained counties whose Emergency Operations Center is not recognized by the Florida Division of Emergency Management (Division) as meeting minimum hurricane safety criteria.

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III. SCOPE OF WORK

A. Funds have been allocated to the Recipient for planning and design of a future new replacement or alteration, retrofit or remodeling of the existing County Emergency Operations Center (CEOC). The funds shall be used for architectural and engineering planning and design services. The services shall include preparation of: site survey (if location is selected); site master plan; spatial needs assessment; schematic design plan or preliminary construction drawings; bid-ready construction documents, to include drawings and specifications; and, opinion of probable cost with signature of designer of record.

The CEOC shall be designed and constructed in accordance with the International Code Council's ICCI.NSSA Standard for the Design and Construction of Storm Shelters (ICC 500-2014) or, where hurricane provisions are more stringent, the 2017 Florida Building Code­Sixth Edition (Risk Category IV, essential fac ility).

For the purposes of this funding agreement (Agreement) the term, definition and function of an emergency operations center is established by Federal Emergency Management Agency, National Incident Management System - Third Edition (October 2017). Additionally, both the abbreviation "CEOC" and the term "emergency operations center" shall mean a designated emergency preparedness, communications and operations center required for emergency response and, as defined in ICC 500-2014 collectively, storm shelter, occupied shelter areas, occupant support areas and critical support systems.

B. Reimbursable costs include: architectural and engineering planning and design services; site survey and soil testing (if location is proposed or selected); necessary regulatory review and permit fees; peer reviews; and, costs associated with Leadership in Energy and Environmental Design (LEED) or Green Globes certification.

C. The designated CEOC functional usc spaces may be shared with other building functions or multi-purpose use during non-emergency conditions. However, such shared or multi-purpose use must not interfere with the emergency management mission of the emergency operations center.

D. The CEOC shall be designed as a permanently established facility with sufficient space to house people and equipment for daily routine and sustained continuous emergency operations. The CEOC shall be designed with no less than 7,500 gross square feet of floor area.

E. The CEOC shall be capable of withstanding wind loads in accordance with the hurricane provisions ofICC 500-2014. The minimum wind design shall include:

Design Wind Speed= 160 miles per hour (3 second gust) Exposure Category = C Wind Directionality Factor, Kd = 1.00

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Construction documents shall be titled "Columbia County Emergency Operations Center."

Structural engineer of record shall include a statement in the construction documents certifying that to the best of their knowledge and belief the CEOC was designed to withstand wind loads according to ICC 500-2014 and ASCE/SEI 7-(include publication year).

F. The CEOC shall resist penetration by large windborne debris impact. At a minimum the CEOC envelope (e.g., walls, windows, doors, louvers, roofs, skylights and hatches) shall meet the hurricane provisions ofJCC 500-2014, or similar performance as approved by the Division. Impact-protective systems or products that meet 200 mile per hour or greater ICC 500-2014 tornado shelter design wind speed missile criteria are acceptable.

G. The minimum floor elevation of the CEOC shall be modified from ICC 500-2014 in accordance with the following: the lowest floor used for the CEOC shall be elevated to or above the higher of the elevations determined by 1. elevation above mean sea level corresponding to the maximum storm surge inundation, including coastal wave effects, for the proposed location plus 20 percenl; 2. 100-year ( one percent annual chance) base flood elevation plus three (3) feet; 3. 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; and, 4. elevation required by the AHJ for the proposed location. If a proposed location is not selected for the future CEOC during the planning and design period of performance, the lowest floor elevation determination outlined in this Section shall be incorporated into the construction documents.

H. The critical support system functional period of the CEOC shall be modified from ICC 500-2014 in accordance with the following: critical support systems shall be designed to remain functional at full emergency operations center occupant load for a minimum of 72 hours. Critical support systems shall not be solely reliant upon off-site services and utilities (e.g., water, natural gas fuel , electricity) .

I. The Recipient shall prepare and submit an initial timeline and estimated reimbursement allocation schedule. Table SW-1 , "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument may be used as approved by the Division. ·

IV. TASK PRODUCTS

A. Per Scope-of-Work Section m.r, Recipient shall submit an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this deliverable.

B. Recipient shall submit copy of the local public advertisement(s) requesting design professional services; copies of pre-bid conference sign-in sheet(s) and agenda; copy of

20

the list of respondents and their respective prices; and a copy of selected providers bid form(s).

C. The Recipient shall provide the Division with copies of pertinent regulatory reviews and permits, and the Architectural and Engineering Consultant's detailed schedule of work ( e.g., Gantt Chart).

D. The Recipient shall provide for review by the Division one (1) copy each of: 1. site survey (if applicable); 2. site master plan; 3. spatial needs assessment; and, 4. schematic design plan or preliminary design drawings. The spatial needs assessment and schematic design plan/preliminary design may be one document.

E. The Recipient shall provide one (1) set of substantially complete (approximately 90 percent) preliminary construction drawings and specifications for the CEOC for review and comment by the Division. The drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings.

F. The Recipient shall provide one (1) near bid-ready set of construction drawings, specifications and wind load and wind-borne debris impact product performance certifications (or test reports) for the CEOC for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and be signed by the applicable registered or licensed design professional(s) of record .

G. The construction documents shall demonstrate that the CEOC meets the requirements set forth in Scope of Work Sections III.C through III.H. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division.

H. Force protection and security measures shall be consistent with Reference Manual to Mitigate Potential Terrorist Attacks Against Buildings (FEMA 426), Crime Prevention Through Environmental Design (CPTED) or other federal or state recognized best-practices guidelines as approved by the Division.

I. The Recipient shall provide the Division with a copy of photographs of proposed future CEOC site conditions (if selected); final bid-ready construction documents, to include drawings, specifications, bid documents, and opinion of probable cost with signature of designer(s) of record.

V. DELIVERABLES

Reimbursement for project costs shall be based on the percentage of completion of the project. Any request for reimbursement shall provide adequate and complete source documentation to support all costs related to the project. In some cases the project may not be fully complete prior to requesting reimbursement of costs incurred toward completion of

21

this scope-of-work; therefore, a partial reimbursement may be requested. For full or partial reimbursement requests, the Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms 0702 and 0703, as required below.

A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the agreement and regulatory conditions, and that reimbursement is due and has not been previously requested.

B. AIA Forms 0702 and 0703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects (AJA) form 0702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form 0703, Continuation Sheet, or a comparable form approved by the Division.

VI. FINANCIAL CONSEQUENCES

If Recipient fails to comply with any term of the grant, the Division shall take one or more of the following actions, as appropriate in the circumstances:

1. Temporarily withhold cash payments pending correction of the deficiency by the recipient;

2. Disallow all or part of the cost of the activity or action not in compliance; 3. Withhold further funding ; or, 4. Take other remedies that may be legally available.

VII. SCHEDULE OF WORK

A. By September 30, 2019 and at least on a quarterly basis thereafter the Recipient shall subm it a report on progress for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division.

B. By December 31, 2019, Recipient shall submit Task Product JV.A for review and approval. Quarterly reports shall demonstrate progress in relation to the initial timeline. The Recipient may submit an invoice for reimbursement of work accomplished in accordance with the Division approved cost reimbursement allocation table referenced in Task Product IV.A.

C. By mutually agreed upon date(s), the Recipient shall provide the Division with Task Products IV.B through IV.I, and Deliverables V.A and B (as applicable) for review and approval. Failure to supply the required documentation, or disapproval of this documentation

22

by the Division, shall result in denial or reduction of funds at the sole discretion of the Division.

D. By June 30, 2022, the Recipient shall provide a copy of the CO or other appropriate written acceptance of completed work, close-out documentation and final payment invoice.

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Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule

Project Name: Planning and Design of Columbia Countv Emergency O~erations Center

PROJECT PHASE Start Date End Date DEM Funds (FY Other Funds 2019-2669)

Board Contract Approval Initial Payment of20% in first quarter (if requested) Architectural & Engineering Services Finn Selection Site Survey and Soil Testing Spatial Needs Assessment Preliminary Design, 80% complete Preliminary Design, 100% complete Regulatory Review

Bid Document(s) Development & Award

Notice to Proceed/Mo bi I ization Construction Project Management & Special Inspections Civil/Site Work Phase

Construction 25% Complete Construction 50% Complete Construction 100% Complete Administrative Fees; maximum of 5% Sub-Totals $200,000.00

TOT AL Estimated Project Cost NE - Architectural and Engineering; DEM - Division of Emergency Management; FY - Fiscal Year

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ATTACHMENT B

PROGRAM STATUTES AND REGULATIONS

Section 215.422, Florida Statutes

Section 215.97, Florida Statutes

Section 215.971, Florida Statutes

Section 216.347, Florida Statutes

Section 216.3475 Florida Statutes

Section 287.056, Florida Statutes

Section 287.057, Florida Statutes

Payments, warrants, and invoices; processing time limits;

dispute limitation; agency or judicial branch compliance

Florida Single Audit Act

Agreements funded with federal and state assistance

Disbursement of grant and aids appropriations for lobbying

prohibited

Maximum rate of payment for seNices funded under General

Appropriations Act or awarded on a noncompetitive basis

Purchases from purchasing agreement and state term contract

Procurement of commodities or contractual seNices

CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements

Section 553.844, Florida Statutes Requirements for Roofs and Opening Protection

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ATTACHMENT C

STATEMENT OF ASSURANCES

To the extent the following provisions apply to this Agreement, the Recipient certifies that:

(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;

(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Recipient' s chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required;

(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Recipient or its designees or agents , no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above;

(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event;

(e) [twill comply with:

(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and

(2) Federal Fair Labor Standards Act, 29 V.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they

26

be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week.

(f) It will comply with

(I) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property,-any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;

(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973;

(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance offederal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship;

(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes;

(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities;

(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees;

G) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S .C. 4002-4107, including

27

requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance;

For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/govemmenta/grant/sfha _ conditions.shtm

(k) It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19 .6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor;

(I) lt will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section I 06 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 ( 16 U .S.C. 469a- l, et seq.) by:

(1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and

(2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties.

(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section I 06 of the National Historic Preservation Act (NHPA), 16 U.S .C. 470(f), and implementing regulations in 36 CFR, Part 800.

(4) When any of the Recipient' s projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the

28

recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeologicaJ sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished.

(5) The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and instalJation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property.

If the Recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shatl not proceed with the project until the objection is resolved.

(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Recipient acknowledges that FEMA may require the Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may

· affect a known historic property in an unanticipated manner. The Recipient further acknowledges that FEMA may require the Recipient to take all reasonable

29

measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Recipient also acknowledges that FEMA will require, and the Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property.

(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur.

(m)It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex;

(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism;

(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures;

(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto;

(r) It wil l comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement;

(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U .S.C. 360 I -3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin;

(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C . 7401-7642;

(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626

(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;

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(w) [twi ll comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;

(x) It will assist the awarding agency in assuring compliance w ith the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270;

(y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;

(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U .S.C. 469a, et seq.;

(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination;

(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources;

(cc) ft will comply with the requirements of Titles 11 and II[ of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons disp laced or whose property is acquired as a result of Federal or Federally assisted programs;

(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S .C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system;

(ee) lt will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);

(ft) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 351 O;

(gg) lt will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S .C. 1451-1464; and

(hh) It will comply w ith the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.

(ii) With respect to demolition activities, it will:

(1) Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement.

31

(2) Return the property to its natural state as though no improvements had ever been contained thereon.

(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department.

(4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present

(5) Provide supervision over contractors or employees employed by the Recipient to remove asbestos and lead from demolished or otherwise applicable structures.

(6) Leave the demolished site clean, level and free of debris.

(7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work.

(8) Obtain all required permits.

(9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of we! ls and septic tanks located on each site. Provide documentation of closures .

( 10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

(11) Comply with alJ applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations ( 40 CFR, Part 15 and 61 ). This clause shall be added to any subcontracts.

(12) Provide documentation of public notices for demolition activities.

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ATTACHMENT D

JUSTIF1CATI0N OF ADVANCE PAYMENT

RECIPIENT:

If you are requesting an advance, indicate same by checking the box below.

[ ] ADVANCE REQUESTED

Advance payment of$ is required. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance.

If you are requesting an advance, complete the following chart and line item justification below.

ESTIMATED EXPENSES

BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of

(list applicable line items) Contract

For example

ADMINISTRATIVE COSTS

(Include Secondary Administration.)

For example

PROGRAM EXPENSES

TOTAL EXPENSES

LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for

the cash advance. The justification must include supporting documentation that clearly shows the advance

will be expended within the first ninety (90) days of the contract term. Support documentation should

include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division

reasonable and necessary support that the advance will be expended within the first ninety (90) days of the

contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be

returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty

(30) days of receipt, along with any interest earned on the advance)

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Financial Management

ATTACHMENT E

WARRANTIES AND REPRESENTATIONS

Recipient's financial management system must include the following:

(1) Accurate, current and complete disclosure of the financial results of this project or program

(2) Records that identify the source and use of funds for all activities. These records shall

contain information pertaining to grant awards, authorizations, obligations, unobligated

balances, assets, outlays, income and interest.

(3) Effective control over and accountabil ity for all funds, property and other assets. Recipient

shall safeguard all assets and assure that they are used solely for authorized purposes .

(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever

appropriate, financial information should be related to performance and unit cost data.

(5) Written procedures to determine whether costs are allowed and reasonable under the

provisions of the applicable 0MB cost principles and the terms and conditions of this

Agreement.

(6) Cost accounting records that are supported by backup documentation.

Competition

All procurement transactions shall be done in a manner to provide open and free competition . The

Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that

may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor

performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,

requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded

from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer

is responsive to the solicitation and is most advantageous to the Recipient , considering the price, quality

and other factors . Solicitations shall clearly set forth all requirements that the bidder or offerer must fulfill

in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected

when it is in the Recipient's interest to do so.

34

Codes of Conduct.

The Recipient shall maintain written standards of conduct governing the performance of its employees

engaged in the award and administration of contracts. No employee, officer, or agent shall participate in

the selection, award, or administration of a contract supported by public grant funds if a real or apparent

conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,

any member of his or her immediate family, his or her partner, or an organization which employs or is

about to employ any of the parties indicated, has a financial or other interest in the firm selected for an

award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,

favors, or anything of monetary value from contractors or parties to subcontracts. The standards of

conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,

employees, or agents of the Recipient.

Business Hours

The Recipient shall have its offices open for business, with the entrance door open to the public, and at

least one employee on site, from MoNOq,'1 - FR i O Ai 8 P.D\ - Spm Eicrpt fuc Ca ,n-lu "1ec9'Jt1iUo /froeu,, \.\p \; oa.y s.

\

Licensing and Permitting

All subcontractors or employees hired by the Recipient shall have all current licenses and permits

required for all of the particular work for which they are hired by the Recipient.

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-. -ATT AC HM ENT F

Certificaiion Regarding

Debannent, Suspension, Ineligibility

And Voluntary Exclusion

Subcontractor Covered Transactions

(1) The prospective subcontractor,-------------· of the Recipient certifies, by

submission of this document, that neither it nor its principals is presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation in this

transaction by any Federal department or agency.

(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective

subcontractor shall attach an explanation to this form .

SUBCONTRACTOR:

By: _________ _

Signature

Name and Title

Street Address

City, State, Zip

Date

Recipient's Name

DEM Contract Number

Project Number

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