Construction Management Agent/Owner's Representative

THIRD RENEWAL TO AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND JACOBS ENGINEERING GROUP INC. FOR CONSTRUCTION MANAGEMENT AGENT/OWNER'S REPRESENTATIVE SERVICES This Third Renewal to Agreement {the "Amendment") is dated effective January 8, 2024 (the "Effective Date"), and is by and between The School Board of Duval County, Florida (the "District"), and Jacobs Engineering Group Inc., a Delaware corporation authorized to transact business in Florida ("Contractor"). 1. This Amendment pertains to that certain Agreement between the parties for Construction Management AgenUOwner's Representative Services effective February 4, 2021, awarded pursuant to RFQ No. 11-21/TW (the "Agreement"). 2. The effective date of this Amendment is January 8, 2024. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 3. The District and Contractor agree that the term of the Agreement, which is

scheduled to end on February 3, 2024, is hereby extended through June 30, 2024, with such extension to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 4. Contractor's fees for the term of this Amendment are set forth as Exhibit A. In no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Amendment except as increased by formal approved and executed amendments. The maximum obligated amount under this Amendment term shall not exceed Three Million Nine Hundred Twenty-Three Thousand One Hundred Five Dollars ($3,923,105.00). 5. Amendment to Article VII. Article VII of the Agreement is amended to include the following language: 7.10. Conflict of Interest. Contractor holds a Contract the District to provide Construction ManagemenUOwner's Representative services for the District's Master Facility Program (MFP). Due to Contractor's access and interaction in the planning, drafting, and selection process of MFP projects, Contractor's employees and those subconsultant employees working for Contractor, hold a trusted agent position with the District. Due to an organizational conflict of interest (OCI), and proposers (or subconsultants of such proposers) that have entered into a contract with Jacobs in relation to the MFP, who submit a proposal for this solicitation will be deemed to be a non­ responsible/responsive bidder. Such firm will continue to be deemed a non­ responsible/responsive bidder for solicitations related to the MFP until six months have passed following the termination of that firm's agreement with Jacobs under the Construction Management AgenUOwner's Representative contract. Proposals submitted by proposers that are not responsible and/or responsive will be rejected and not considered for award. 6. In connection with this Amendment, the Contractor has executed and delivered the federal forms attached as Exhibit B and incorporated herein by this reference. 7. The parties agree and acknowledge that the "Special Conditions" attached as Exhibit Care 1 hereby incorporated into and shall become part of this Agreement, and binding on the parties as of the Effective Date. 8. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 9. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 10. The parties agree that this Amendment may be signed via counterpart and facsimile signature, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original Amendment. [Signature Page to Third Renewal to Agreement between The School Board of Duval County, Florida, and Jacobs Engineering Group Inc.] IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first written above. Jacobs Engineering Group Inc. THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA By ~a.ro.,/~'r-=-- Dr. Dana Kriznar: Superintendent of Schools and Ex-Officio Secretary to th Board Form Approved: Approved by Board: January 8, 2024 2 EXHIBIT A (Contractor's Fees) 3 Jacobs. Challenging today. Reinventing tomorrow. Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS INTRODUCTION We are pleased to present our comprehensive cost proposal for the first half of the fourth year of our contract with the district. This proposal, aligned with the district's fiscal year from February 4, 2024, to June 30, 2024, is designed to ensure a productive integration with your fiscal year's planning and operations. Our focus remains steadfast on providing unparalleled service and adapting to the evolving needs of the district. EXECUTIVE SUMMARY Staff Augmentation and Organizational Enhancements • Responsiveness and Staffing: We propose a revised organizational structure to improve project planning and development, addressing significant project budget impacts. • Leadership_Title Changes: Key leadership roles have been renamed to better reflect their responsibilities, maintaining the same experienced staff at controlled billing rates. Staffing and Operational Model • Staffing Model: Our team will be available on an "on-demand" basis, budgeting 26,443 hours of labor from February 4, 2024, to June 30, 2024. • Co-location and Resource Utilization: We continue our commitment to co-locate within your facilities, using district­ supplied resources for seamless integration. Strategic Resourcing • Reach-back Resources and Reserve Labor: Our strategy involves a blend of reach-back SM Es and a reserve labor budget, providing high value and adaptability while controlling costs and mitigating risks. • OEO Participation: We proudly exceed the OEO goal with over 33% participation, continuing our dedication to our subconsultants growth. Financial Adjustments and Cost Proposal • Billing Rate Adjustment: A 3% increase in billing rates is included through January 31, 2025, which aligns with broader economic trends and the Social Security Administration's (SSA) Cost of Living Adjustment (COLA). • Cost Proposal Structure: The proposal includes detailed budget allocations for core team labor, reach-back resources, reserve labor, and other expenses. OVERVIEW OF THE PROPOSAL WITH KEY TAKEAWAYS Cost Overview Key Takeaway: This section outlines the comprehensive cost structure for the contract period, providing a clear and detailed breakdown of all financial aspects. The key takeaway is our continued commitment to cost-effectiveness and transparency, ensuring every allocated dollar contributes significantly to project success and aligns with the district's financial expectations. Organizational Chart Key Takeaway: The organizational chart demonstrates the strategic alignment and integration of the Jacobs team within the district's Facilities department. It highlights our revamped structure, designed to enhance project planning and development. The chart illustrates our commitment to efficiency and responsiveness, ensuring that roles and responsibilities are clear and communication channels are streamlined. Billing Rates Key Takeaway: This segment provides updated billing rates, reflecting a careful balance between competitive staff compensation and overall cost efficiency. The key takeaway here is our sensitivity to market trends and economic indicators, such as the SSA's Cost of Living Adjustment, ensuring our rates are both fair and aligned with current economic conditions. Schedule and Workload Summary Key Takeaway: The summary offers a view of the planned workload and resource allocations. It underscores our ability to manage a diverse project portfolio effectively. The key insight here is our proactive approach to project management, ensuring that we deliver projects efficiently while adapting to the evolving needs of the district. "acobs. I 1 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS COST PROPOSAL DETAILS Workload - This year's workload remains steady with a notable shift: more major projects are either in construction or design, while the smaller security and safety projects are transitioning into closeout and warranty support phases, requiring comparatively less effort. We will be actively involved in managing this diverse project portfolio. Leadership's Titles - We have renamed several leadership positions to represent their new roles more accurately. The same trusted staff are filling these positions, and their billing rates for this term are based on their prior position's rate and the annual cost of living adjustment to control our cost to the program. The title changes are illustrated below: NEW TITLE PREVIOUS TITLE FILLED BY DIRECTOR (PLANNING & STRATEGY) Program Director John Dougherty DIRECTOR (OPERATIONS) Deputy Program Director Virgil Bryan DEPUTY DIRECTOR (OPERATIONS) Senior Project Manager Marc Clinch DEPUTY DIRECTOR (CONTROLS) Controls Manager Steven Eccles PMIS ADMIN & PLANNER PMCS Internal Delivery Kaushiki Bhattacharya CORE TEAM LABOR - TOTAL $3,142,367.37 {22,298 HOURS, 80.1%} Our core team, essentially the boots on-the-ground, manage the program and projects. This cost will cover Jacksonville-based staff from Jacobs and our two OEO certified subconsultants. The slight restructuring in team roles reflects our commitment to enhanced efficiency and responsiveness. Home Office Overhead - Our Program Executive will continue to offer part-time support for staffing and reach-back resources, maintaining this cost at less than one half of one percent. ► Budget: $13,858.14 (.4%) (T&M) Program Staffing -The program team, led by the Director (Planning & Strategy) supported by the PMIS Admin & Planner and the Director (Operations), and Deputy Director (Controls) supported by a dedicated team including two APM Controls and an Administrative Assistant. ► Budget: $888,550.43 (24.5%) (T&M) Project Staffing - Our project staff, led by the Deputy Director (Operations), is organized into teams led by a Project Manager (PM) supported by a Field Coordinator (previously Field Observer) and Assistant Project Manager. These teams are supported by the Logistics Manager, Interior Designer & Planner, and Supporting Designer/Planner. ► Budget: $2,239,958.80 (61.8%) (T&M) Jacobs. I 2 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS REACH-BACK RESOURCES & RESERVE LABOR - TOTAL $480J738.09 (4J145 HOURSJ 12.3%) We will continue to optimize project support through two strategic staffing solutions: reach-back resources and reserve labor. By combining these resources we're able to scale our workforce and deliver subject matter experts on a "just-in-time" as­ needed basis, which is vital for responsive project management. Reach-Back Resources - Our part-time Subject Matter Experts will continue to provide invaluable program and project support. The services listed in the cost worksheet are estimations for this amendment's term. ► Budget: $230,938.58 (6.4%) (T&M) ■ Safety Coordinator - Ensures that our project activities comply with safety regulations and best practices to maintain a secure environment for our program's staff. This role involves periodic site assessments and the coordination of safety training sessions for DCPS and Jacobs staff. ■ Schedule & Business Analyst - Manages and analyzes the program's master schedule and develops time-bound funding models. They also assist the team with the evaluation of project schedules and developing recovery plans or claims defenses. ■ Estimating - When needed, reviews contractor estimates for accuracy and reasonableness. ■ Plan Review (PE} - Professional Engineers who examine project plans for constructability and verify they meet technical specifications, codes, and regulations. ■ Plan Review (SME) - Subject Matter Experts conduct reviews of project plans to ensure they align with industry standards, client requirements, and project objectives. ■ Design Support - Assists the planning team with various tasks, including preliminary drafting, site analysis, and document preparation to support the development and execution of project designs. ■ Planning Support - Provides critical assistance in project planning stages, including logistics, resource allocation, and strategy development to ensure project objectives are met. ■ Castaldi Support - Develops comprehensive analyses and reports for the Castaldi process, which are crucial for obtaining necessary approvals from the School Board and Department of Education for the demolition of buildings. ■ Graphics/GIS Support - Provides specialized support in creating graphical content and managing Geographic Information Systems to enhance project visualization and geospatial data analysis. ■ MIS Development Support - Focuses on the development and optimization of Management Information Systems, ensuring robust data management and reporting capabilities to support decision-making. ■ Summer Interns - Provide support across various projects, gaining hands-on experience while assisting with low­ risk tasks. They offer fresh perspectives and contribute to the team while learning from seasoned professionals. The identification of future talent is imperative, in a joint commitment with DCPS, one position will be funded by DCPS and a second by Jacobs. Reserve Labor - To decrease the budget commitment to this contract, we have reduced the reserve labor allocation from previous contract renewal levels, focusing resources to full-time positions. ► Budget: $249,799.51 (6.9%) (T&M with prior authorization) Jacobs I 3 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS EXPENSES - $300,000 (7. 6%} This category covers our reasonable and customary reimbursable expenses: Advanced PMIS Transition for Sustained Efficiency - Recognizing the sunset of our current Project Management Information System (PMIS), Prolog from Trimble, we are proactively transitioning to a new, advanced PMIS platform. This move is in line with Jacobs' commitment to maintaining robust functionality and stringent data security across all our managed programs. Our team brings a wealth of experience, having smoothly transitioned several programs to these new systems. Our expertise ensures a swift an.d effective migration process for your program, without the learning curve typically associated with new software implementations. The transition will introduce a suite of new features and enhanced integrations, extending the life expectancy of the system through the end of the program. An additional strategic advancement is planned to integrate contractors directly into the system. This integration will centralize control of the Management Information System with the district, bypassing the need­ and associated costs-for utilizing contractors' systems for construction administration. This not only streamlines processes but also represents a significant return on investment. Rest assured, the ownership of the data will remain firmly with the district, facilitating a seamles~ transition and integration that aligns with your strategic goals and operational needs. ► Budget: $265,000 (Lump sum, paid monthly) Operating Expenses -This will cover in-county vehicle mileage, safety equipment, supplies, consumables, background checks, badging, and other approved expenses. ► Budget: $35,000 (Billed at cost without mark-up) COST PROPOSAL QUALIFICATIONS We are presenting this cost proposal for year four (4) of our contract, tailored to align with the district's fiscal year, running from February 4, 2024, to June 30, 2024. This adjustment ensures a seamless integration with the district's fiscal planning and operations. Responsiveness and Staffing Enhancements - In response to significant project budget impacts we are proposing a revised organizational chart that bolsters project planning and development. By strategically realigning our chain of command and staff roles and responsibilities we will be able to better serve the district's evolving needs. Staffing Model - Our team will continue to be available on an "on-demand" Indefinite Delivery, Indefinite Quantity {IDIQ) basis. Our staff in this cost proposal's labor budget will be billed for the actual hours worked up to a limit of 40 hours per week. The district does not pay for overtime or time away from work such as vacations or sick leave. In Sourcing - We acknowledge that DCPS is looking to build your internal capacity to self-perform work and reduce the cost of the program management office, to that end we remain committed to supporting the development of your staff and the transfer of work from our staff to yours as you fill positions. Contract, Insurance, and Invoicing -This contract amendment retains the foundational terms and conditions established in the original (base year) contract. Co-location and Resource Utilization - Our core team remains committed to being co-located within your facilities, utilizing District-supplied computers, office resources, and supplies, ensuring close collaboration and seamless integration with your team. OEO Participation - We proudly exceed your OEO goal, with our cumulative participation now surpassing 33%. Our dedication to fostering growth among our subcontractors remains unwavering and will continue throughout this renewal period. Jacobs 14 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS Billing Rate Adjustment- In alignment with our ongoing commitment to adapt to evolving market conditions and internal cost structure changes, we have adjusted our billing rates for the current term. This year, we have implemented an increase of 3% in our billing rates. Because Jacobs is on an annual cycle aligned with the previous contract's term, we will hold these rates through December 31, 2024. To provide context in relation to broader economic trends, it's noteworthy to compare this with the Social Security Administration's Cost of Living Adjustment (COLA). For 2024, the SSA's COLA is 3.2%. Our billing rate increase is closely aligned with this figure, reflecting a balanced and considered response to the current economic environment. This rate adjustment is a strategic necessity to ensure that we can continue to offer competitive compensation to our skilled staff, which is essential for maintaining the high-quality service that the district relies upon. By keeping our rate increase in line with the SSA's COLA, we aim to demonstrate our commitment to cost efficiency while also recognizing the need to adapt to the tight labor market. Jacobs. I s Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS COST SUMMARY The following table summarizes rates and hours by the functional area: 2024 Cost/Budget I :A t .. t I (rounded} Core staff $3,142,367 22,298 Reach-back Resources $230,939 2,085 Reserve Labor $249,799 2,060 Expenses $300,000 0 TOTALS $3,923,105 . ,, The following graph illustrates the high proportion directed to project work compared to expenses. Cost Distribution $300,000.00 7.6% $249,799.51 6.4% $230,938.57 5.9% $3,142,367.36 80.1% • Core Team Cost ., Reachback Cost ■ Reserve Cost II Expenses Cost Remainder of page left blank intentionally. Jacobs. Percent 80.1% 5.9% 6.4% 7.6% 100% 16 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS COST DETAILS The following table breaks down the financial aspects of our proposal into four integral components: Core Team, Reach-back Resources, Expenses, and Reserve Labor. This table offers a clear and concise view of the budget allocations and how the program will be staffed efficiency. $ 269.09 $ 277.16 50 $ 13,858.14 $ 242.18 $ 249.45 824 $ 205,543.01 $ 221.20 $ 227.84 824 $ 187,736.86 $ 213.46 $ 219.86 824 $ 181,167.77 S:even E:des $ 188.10 $ 193.74 824 $ 159,644.23 Sm $ 97;03 $ 99.94 824 $ 82,351;30 Jama' $ 97.03 $ 99.94 824 $ 82,351.30 OierrelJl:ati $ 116.43 $ 119.92 824 $ 98,816.47 JmTerrell $ 116.43 $ 119.92 824 $ 98,816.47 va hnPaul $ 116.43 $ 119.92 824 $ 98,816.47 Plocl $ 174.65 $ 179.89 110 $ 19,787.85 Fea::tl-bad $ 174.65 $ 179.89 20 $ 3,597.79 Fea::tl-bad $ 185.18 $ 190.74 15 $ 2,861.03 Fea::tl-bad $ 116.43 $ 119.92 50 $ 5,996.15 Fea::tl-bad $ 116.43 $ 119.92 500 $ 59,961.45 ~bad $ 116.43 $ 119.92 450 $ 53,965.31 Fea::tl-bad $ 116.43 $ 119.92 100 $ 11,992.29 Fea::tl-bad $ 158.65 $ 163.41 100 $ 16,340.95 Fea::tl-bad $ 98.32 $ 101.27 300 $ 30,380.88 $ 265,000.00 - $ 265,000.00 l\bt to B $ 97.03 $ 99.94 412 $ 41,175.65 $ 97.03 $ 824 $ 82,351.30 Jacobs I 7 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLICSCHOOLS ORGANIZATIONAL CHART II~! ~J J ~J 5 i.f -iZ. .t·f ,, !l !1 ii llllllllll 1111111111~!. I I I I I •! I I I I If, i i i i i ~- ll Ii Ill ll l ig I I 1 I I t ! I I I I In i i i i i --~ I I I I I § 11:1 I I I I I ~ 11 ~ ~ I •II~~~~~ f----------illllll Jacobs. 18 Construction Management Agent/Owner's Representative Services I RFQ #11-21/lW DUVAL COUNTY PUBLIC SCHOOLS 2024 Bl LLI NG RATE TABLE The following table lists positions and rates applicable to this amendment's term. Position I 2023 Billing Rate Pro ram Executive $ $ D $ 242.18 $ Dire $ 221.20 $ Dep tions) $ 213.46 $ Deputy Director Controls $ 188.10 $ $ 185.18 $ Pr $ 181.13 $ Lo r $ 181.13 $ Schedule & Business Anal st $ 174.65 $ Estimating $ 174.65 $ MISDevelo ort $ 158.65 $ Safety Coordinator $ 148.00 $ PMISAdmin & Planner $ 136.70 $ $ 116 .43 $ $ 116.43 $ $ 116.43 $ $ 116.43 $ Pia $ 116 .43 $ Gra ort $ 98.32 $ APM Controls $ 97.03 $ APM $ 97.03 $ MMAPM $ 97.03 $ Int & Planner $ 97.03 $ Su ner/ Planner $ 77.62 $ Administrative Assistant $ 64.69 $ Summer Interns $ 48.44 $ Jacobs. 2024 Billing Rate 3% Annual 249.45 227.84 219.86 193.74 190.74 186.56 186.56 179.89 179.89 163.41 152.44 140.80 119.92 119.92 119.92 119.92 119.92 101.27 99.94 99.94 99.94 99.94 79.95 66.63 49.89 I 9 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS WORKLOAD SUMMARY To illustrate the workload, each of our five teams is simultaneously managing multiple projects, reflecting the dynamic and robust capacity of our workforce. On average, each team oversees an impressive portfolio of around $194 million in projects. Additionally, these teams are adeptly handling approximately 10 projects each, which are in various stages of development and execution. Workload $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 $0 Escalated Budget by Team Escalated Budget • Team1 @ Team2 e Team3 8 Team4 @ Teams CLOSING Escalated Budget by Project Stage $319M • Planning • Design (1$86M • Construction • Closeout $214M Projects by Stage 11 ::~:g -, ,9 • Construction ~- _i • Closeout 12 ..,. 16 In advance, we thank you for the continued opportunity to serve the district. There is a tremendous workload ahead and we're ready to get to work delivering high quality projects for the students, staff, and greater Duval community. Jacobs. 1 I io EXHIBIT B FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor ( defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the "District") and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. ---------------------------------------------- 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable Federal, State and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (ifapplicable). 5. The Contractor agrees to properly complete and submit to the District a Federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to the District a Federal Drug Free Workplace Certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. Contractor: PRINT NAME OF AUTHORIZED REPRESENTATIVE: SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: Business Leader 4 Jonathan E. Jordan Digilany signed by Jonathan E. Jordan ON: cn=Jonathan E. Jordan, c=US, o=Jacobs Engineering, ou=Jaoobs Project Management Co. PU 010116, emall=jonalhan.Jordan@jacobs.com Date:2024.01.0414:56:11 •05'00' DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4) In the statement specified in subsection (1 ), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 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) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance 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 workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. Contractor's 5IGNATURE/DATE Jonathan E. Jordan NAME/I ITLE Name of Company 5 Dlgilatty signed by Jonathan E. Jordan ON: cn=Jonalhan E. Jordan, c=US, o=Jacobs Engineering, ou=Jacobs Project Management Co. PU 010116, emall=jonathan./ordan@jacobs.com Date: 2024.01.04 14:57:56 -05'00' CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor (or Subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a 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. C. Are not presently indicted for or othe,rwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. *See Attached Addendum 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this certification. Contractors SIGNA I ORE Jonathan E. Jordan Oiaitanv sioned bv toaathan E Jordan ON: m=Jonalhan E. Jordan. c:US, o=Jacobs Engineering, ou=Jacobs Project Management Co. PU 010116, emaile:jonalhan.jordan@jacobs.com Date: 2024.01.04 14:58:27 -05'00' NAME/TITLE of AUTHORIZED REPRESENTATIVE Name of Company: Jacobs Engineering Group Inc. 6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Addendum Jacobs Engineering Group Inc. (JEG}, its parent, Jacobs Solutions Inc. and related companies and affiliates form a global organization that has the technical, financial, and professional qualifications and resources to deliver Construction Management Agent/ Owner's Representative Services to Duval County Florida. Jacobs Solutions lnc.'s annual reports, SEC filings, and Proxy reports can be found at http://invest.jacobs.com/investors/Jacobs-Filings/default.aspx. From time to time and in the ordinary course of its business, JEG is subject to various claims, disputes, terminations, arbitrations, and other legal proceedings. It is JEG's practice to defend itself in such actions, many of which are generally subject to insurance, and none of which are expected to have a materially adverse effect on the organization's consolidated financial statements. No such litigation is expected to have any impact on JEG's. potential ability to perform the contract. INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary offer" as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. STATE OF FLORIDA COUNTY OF DUVAL NON-COLLUSION AFFIDAVIT I state that I am the authorized representative of Jacobs Engineering Group Inc., a Deleware corporation, and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm's offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening ofoffers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) Jacobs Engineering Group Inc., its affiliates, subsidiaries, officers, directors, employees 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 bidding, proposing or offering on any public contract, except as follows: I attest that _Jacobs Engineering Group Inc., understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. JO n ath an Digilallyslgned by Jonathan E. Jordan ON: cn=Jonathan E. Jordan, c=US, o=Jacobs Engineering, ou .. Jacobs E J d ProjectManagementCo.PU010116, . 0 r a n ~~1::1~~:~~~df14~~,i~~~;.oco~m (Signature) (Date) EXHIBITC SPECIAL CONDITIONS BILLING INSTRUCTIONS: Separate itemized invoice in duplicate for this purchase or for each shipment thereon shall be rendered immediately following shipment. Such invoice must be marked "Original". Unless otherwise specified, all prices are delivered with transportation charges prepaid. If vendor bids F.O.B. destination and freight charges are placed against Duval County Public Schools (DCPS) either by collect shipment or prepaid charges added to invoices, such amount will be deducted from invoice and vendor notified of such action so he or she may adjust our account on their records. Equipment, materials, supplies and/or services delivered on this order shall be subject to inspection and test upon receipt and, if rejected, shall remain the property of the vendor. Properly receipted original bills oflading must accompany invoices for shipment made by freight or express. The number of this purchase order must be shown by vendor on all related invoices, delivery papers, bills oflading, packages or correspondence. PARTIES RECEIVING PAYMENT VIA PURCHASE ORDER ISSUED BY THE DCPS FOR GOODS AND/OR SERVICES SHALL BE SUBJECT TO ALL REMEDIES ALLOWED BY LAW FOR ANY DEFAULTS, BREACHES, VIOLATIONS OR OTHER FAILURES TO PERFORM AS AGREED WHETHER OR NOT AN EXPRESS WRITTEN AGREEMENT EXISTS FOR THE PROVISION OF SUCH GOODS AND/OR SERVICES. NOTICE: REQUIREMENTS WHEN USING FEDERAL FUNDING: This purchase order constitutes a contract. Upon acceptance of a purchase order, the vendor certifies that their firm meets and agrees to the following provisions, which shall become a part of the contract. ~ REQUIREMENT FOR CONTRACT AW ARD (2 CFR 200.320): The parties acknowledge and agree that the contract is being awarded pursuant to a formal procurement method. All proposals received will be reviewed to ensure all materials have been submitted as specified in the RFQ. The evaluation of proposals will be conducted in accordance with the criteria listed in Section 6.0 Proposal Evaluation Process. Contract award decision will be made based on the vendor that attains the greatest overall proposal score. TERMINATION FOR CAUSE OR CONVENIENCE (34 CFR 80.36 (I)): For all purchases involving Federal funds in excess of$10,000, the District reserves the right to terminate this contract for cause, as well as for convenience, by issuing a certified notice to the Contractor. If terminated, the District shall be responsible only for goods and services already delivered to it on the date of such termination and shall not be responsible for any consequential damage, future damages or damages caused by lost profits, inconvenience or overhead expense to the vendor. DAVIS BACON ACT (as amended (40 U.S.C. 3141-3148)). As required by Federal program legislation, Contractor shall comply with the Davis­ Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction") on all federally funded contracts exceeding $2,000. In accordance with the statute, Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor is included herein. Subsequent wage determinations will be made available to the Contractor during the term of the contract as updated by the Department of Labor. Contract award is conditioned upon the acceptance of the wage determination(s) by Contractor. The District will report all suspected or reported violations to the Federal awarding agency. CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36 (I)( 6)): All vendors, contractors and subcontractors must comply with sections 103 and 107 of-the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to all construction contracts awarded by the district and sub-grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. CLEAR AIR ACT AND CLEAN WATER ACT (34 CFR 80.36 (1)(12)): Contractor must comply with all applicable standards, orders, or requirements issued under section 3Q6 of the Clean Air Act (42 U.S.C. 11857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR Part 15). DEBARMENT The parties acknowledge that Contractor has executed the most recent version of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion is attached hereto. DRUG FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691). BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352): Contractor agrees to file the certification required by the Byrd Anti-Lobbying Amendment. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the District. BUY AMERICAN PROVISION To the maximum extent practicable, the District is required to purchase only domestically grown and processed foods, which are defined as commodities or products produced and processed in the United States substantially using agricultural commodities that are produced in the United States. For the purposes of this provision, "substantially" means that over 51% of the final processed product consists of agricultural commodities that were grown domestically. Contractor certifies that any applicable item contained in its response to the RFQ complies with Richard B. Russell National School Lunch Act's Buy American Provision and that at least 51% of the content of each applicable item contained in its response to the RFQ consists of agricultural products that were grown domestically. Contractor shall provide documentation verifying domestic origin of products. If a food product(s) does not meet the standards, criteria or intent of the Act, Contractor shall inform the District of this fact and the District will make the final decision on purchasing the product, in accordance with the best interests of the non-profit child nutrition program. JESSICA LUNSFORD ACT (Section 1012.32, Florida Statutes) - Background screening requirements for certain non-instructional school district employees and contractors.-(!) Except as provided ins. 1012.467or s. 1012.468, non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described ins. 1012.32.Contractual personnel shall include any contractor, individual, or entity under contract with a school or the school board.(2) Every 5 years following employment or entry into a contract in a capacity described in subsection (I), each person who is so employed or under contract with the school district must meet level 2screening requirements as described ins. 1012.32, at which time the school district shall request the Department of Law Enforcement to forward,the fingerprints to the Federal Bureau oflnvestigation for the level 2 screening. If, for any reason following employment or entry into a contract in a capacity described in subsection (I), the fingerprints of a person who is so employed or under contract with the school district are not retained by the Department of Law Enforcement under s. 1012. 32(3)( a) and (b ), the person must file a complete set of fingerprints with the district school superintendent of the employing or contracting school district. Upon submission of fingerprints for this purpose, the school district shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau oflnvestigation for the level 2screening, and the fingerprints shall be retained by the Department of Law Enforcement under s.1012.32(3)(a) and (b). The cost of the state arid federal criminal history check required by level 2screening may be borne by the district school board, the contractor, or the person fingerprinted. Under penalty of perjury, each person who is employed or under contract in a capacity described in subsection (l)must agree to inform his or her employer or the party with whom he or she is under contract within 48hours if convicted of any disqualifying offense while he or she is employed or under contract in that capacity.(3) If it is found that a person who is employed or under 'contract in a capacity described in subsection (1) does not meet the level 2 requirements, the person shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals. DISPUTE With respect to a protest of the specifications contained in the RFQ, the notice of protest shall be filed in writing within seventy-two (72) hours after posting of the RFQ on the Purchasing Services Department's Bid Opportunities web page (located at https://www.demandstar.com/app/agencies/florida/duval-county-public-schools-purchasing-services/procurement-opportunities/70ee73c4-883b- 4d02-adf7-859f4 73fd9e I), and a formal written protest shall be submitted within ten ( I 0) calendar days after the date of filing the notice of protest, for the protest to be considered. Intended decisions with recommendations will be posted on the Purchasing Services Department's Award Recommendation web page (located at https://dcps.duvalschools.org/Page/15727). Any party who is adversely affected by the District's decision or intended decision who disputes the recommendation of any Contract Award shall file a notice of protest in writing within seventy-two (72) hours of the Award posting and submit a formal written protest within ten ( 10) calendar days after the date of filing the notice of protest. The formal written protest shall state with particularity the facts and Law upon which the protest is based. Failure to file a protest within the prescribed time, in accordance with 120.57(3), F.S. and in accordance with the procedures set forth in the RFQ, shall constitute a waiver of proceedings under Chapter 120, F.S. After the seventy-two (72) hours and ten (10) calendar days have passed without protest, the District will not consider any protest as being valid. Any notice of protest or formal written protest of the specifications or contract award recommendation shall be filed with the District's Purchasing Services Department. To the extent this provision conflicts with any language in the RFQ, this provision shall control. HOLD HARMLESS AND INDEMNIFICATION -INTENTIONALLY OMITTED. REFER TO INDEMNITY OBLIGATIONS UNDER EXISTING CONTRACT DATED FEBRUARY 4, 2021. CIVIL RIGHTS Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended; USDA regulations implementing Title IX of the Education Amendments; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; 7 C.F.R. Parts 15, 15a, and 15b; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement-Nutrition Programs and activities, and any additions or amendments. PROHIBITION OF GRATUITIES By submission of a response to the RFQ, the Contractor certifies that no employee of the District has or will benefit financially or materially from such response or the subsequent Agreement. The Agreement issues as a result of the RFQ may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons. AUDIT AND ACCESS TO RECORDS (34 CFR 80.36 (!)(10)): The Contractor and all subcontractors shall give access to the District, the USDA or other appropriate Federal agency, the Comptroller General of the United States, the TDA, or any of their duly authorized representative to any books, documents, papers, and records which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts and transcriptions. RECOVERED MATERIALS - SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT The Contractor shall comply with the requirements of Section 6002, include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement ofrecovered materials identified in the EPA guidelines. SMALL, WOMAN AND MINORITY OWNED BUSINESS Contractor acknowledges and agrees that it will continue to comply with Article 17 of the Agreement, which requires Office of Economic Opportunity (OEO) Participation, a program which requires Contractor to comply with contracting opportunities for Small, Woman and Minority Owned Businesses, as further detailed in the RFQ. DEFAULT/BREACH In addition to other rights and remedies provided herein, in the event the successful Bidder should breach this Contract, SBAC reserves the right to seek all remedies in law and/or in equity. This provision shall survive termination of the Contract, including without limitation termination for convenience. • CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/NO COLLUSION Contractor acknowledges its response was made without any previous understanding, agreement, or connections with any persons, firms, or corporations making a response on the same items and shall be in all respects fair and in good faith without any outside control, collusion, or fraud. FACILITY INSPECTION The District reserves the right to inspect or have its representatives inspect the Contractor's facilities, including those of its subcontractors, if any, at any reasonable time. January 8, 2024, Regular Board Meeting Title 14. THIRD AMENDMENT TO THE CONSTRUCTION MANAGEMENT AGENT/OWNER'S REPRESENTATIVE SERVICES - AWARD OF PROFESSIONAL SERVICES CONSULTANT - RFQ NO. 11-21/TW Recommendation That the Duval County School Board approve the third renewal of the agreement with Jacobs Engineering Group to provide Construction Management Agent/Owner's Representative Services from February 3, 2024, through June 30, 2024, for professional fees not to exceed $3,923,105.00. That the Duval County School Board authorize the Chairman or Vice Chairman and the Superintendent to execute renewal amendment #3 to the agreement upon form approval by the Office of General Counsel. Description Jacobs Engineering provides construction management agent/owner's representative (CMA/OR) services via contract in direct support of the district's Master Facility Plan (MFP). Their contract's base year was initially approved at the February 2, 2021, Board meeting. The first renewal year was approved at the January 10, 2022, Board meeting. This renewal is the third of nine (9) potential one-year renewals for a maximum contract length of ten years. The increase in contract cost for these renewals is primarily caused by an increase from five to fourteen major construction projects in the coming 2023-24 contract year. DCPS has reviewed and negotiated Jacob's engineering proposal and staffing plan for year 3 of the contract for CMA/OR services and find it to be fair and reasonable. The firm's proposal has been reviewed by the Office of Economic Opportunity (OEO) and found to be in compliance with the district OEO requirements. Project Stages Project Stages Project Stages Contract Year Contract Term FTE Employees Projects in Planning & Procure- ment Projects in Design Projects in Construc- tion Budget (Millage, Sales tax, COPS) Cost of CMaOR Contract Notes Base 2/3/21 - 2/2/22 3 100 44 0 $45M $2,440,432 Program establish- ment to include Sprint Start. 1 2/3/22 - 2/2/23 12 23 52 43 $98M $4,454,322 2 2/3/23 - 2/2/24 28 8 30 93 $715M $9,453,123 COPS funds project through 2025 3 2/3/24 - 6/30/24 29 14 7 16 $69M $3,456,322 Contract term aligned with district fiscal year Total $926M $19,804,199 General Notes: 1. Project Stages: All projects progress through a sequence of stages: Planning, Procurement, Design, Construction. 2. Project Budgets: Budgets are strategically allocated with 10% for design and the remaining 90% is reserved for construction. 3. COPS Funds: The 2022 COPS funding covers 13 projects spanning from 2023 through completion in 2025. 4. Staffing: Project teams (PM/APM/FO) are composed to manage projects from inception through closeout, with scalability to adjust to project demands. The staffing levels are maintained to ensure continuous momentum and expertise across all project stages. 5. Reachback Resources: To complement core tasking, SME reach back labor is available as PTE, on an as-needed basis and is billed only for the actual hours worked. Gap Analysis The district must continue to support implementation of the district's MFP via contract until sufficient in-house staff can be hired for the same purpose. Previous Outcomes The district had previously selected Jacobs Engineering Group through a formal selection process in accordance with Section 287.055 Florida Statues and Board Policy. Expected Outcomes Continued implementation of the MFP pending approval of the third renewal of the CMA/OR contract. Strategic Plan Goals and Principles DCPS will be fiscally transparent and communicate quarterly regarding the Sales Surtax. Financial Impact The Construction Management Agent/Owner's Representative Services for year 4 will be funded with Sales Tax Surtax Revenue. The cost increase for the 2024-25 contract year is caused by staff increases needed to handle up to fourteen major construction projects in the 2024-25 contract year. We will also provide facilities staff through the Jacobs contract to help manage design and construction for Athletics and Arts projects to be funded under the recent 1 mil property tax increase referendum. Lastly, reserve labor capacity is also included in this estimate to potentially support food service or other unforeseen project impacts if needed. CMA/OR Amount Base Year 2021 - 22 $2,442,443.00 Year 2 (first option yr) 2022- 23 Year 3 (second option yr) 2023 - 24 Year 4 (third option partial yr) 2024 - 25 $5,299,112.00 $9,874,066.00 $3,923,105.00 RC Fund Functional Area Commitment Item 3502 Holding 39M083540 $3,923,105.00 7400 Facilities & Acquisition & Construction 681 Remodeling & Renovations Contact Byron Page, Executive Director, Facilities, Engineering, Design & Const., 904-390-2498 Erika Harding, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. Third Renewal - Jacobs Engineering Group - 2024 Fac Review 12 17 2023 2. Exhibit A - Cost Proposal year 3 Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 February 21, 2023 Jacobs Engineering Group 200 West Forsyth Street, Suite 1520 Jacksonville, Florida 32202 RE: RFQ No. 11-21/TW, Construction Management Agent/Owner’s Representative Services On Monday, January 9, 2023 The School Board of Duval County Public Schools renewed the contract for Construction Management Agent/Owner’s Representative Services, RFP No.11-21/TW. This is the second renewal for the period of February 4, 2023 through February 3, 2024. In accordance with Attachment I of the RFQ, Insurance Requirements, please forward an updated copy of your insurance certificate. If you have any questions about this renewal, please contact Terrence Wright at (904) 858-4859. We look forward to a continued successful partnership. Terrence Wright, Director Duval County Public Schools cc Anita Locke Master Bid File http://www.duvalschools.org/ SECOND RENEWAL TO AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND JACOBS ENGINEERING GROUP INC. FOR CONSTRUCTION MANAGEMENT AGENT/OWNER'S REPRESENTATIVE SERVICES This Second Renewal to Agreement (the "Amendment") is dated effective January 9, 2023 (the "Effective Date"), and is by and between The School Board of Duval County, Florida (the "District"), and Jacobs Engineering Group Inc., a Delaware corporation authorized to transact business in Florida ("Contractor"). 1. This Amendment pertains to that certain Agreement between the parties for Construction Management Agent/Owner's Representative Services effective February 4, 2021, awarded pursuant to RFQ No. 11-21/TW (the "Agreement"). 2. The effective date of this Amendment is January 9, 2023. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 3. The District and Contractor agree that the term of the Agreement, which is scheduled to end on February 3, 2023, is hereby extended through February 3, 2024, which is the second of potentially nine (9) annual renewals, with such extension to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 4. Contractor's fees for the term of this Amendment are set forth as Exhibit A. The maximum obligated amount under this Agreement shall be $9,874,066.00 as set forth in Exhibit A. In no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Amendment except as increased by formal approved and executed amendments. 5. In connection with this Amendment, the Contractor has executed and delivered the federal forms attached as Exhibit B and incorporated herein by this reference. 6. The parties agree and acknowledge that the "Special Conditions" attached as Exhibit Care hereby incorporated into and shall become part of this Agreement, and binding on the parties as of the Effective Date. · 7. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 8. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 9. The parties agree that this Amendment may be signed via counterpart and facsimile signature, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original Amendment. 1 [Signature Page to Second Renewal to Agreement between The School Board of Duval County, Florida, and Jacobs Engineering Inc.] IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first written above. Jacobs Enaineerina Group Inc. By: ~ Name: James E. McLean lts:Vice President & Geog. Operations Manager THE SCHOOL BOARD OF DUVAL r. · a Greene, Superintendent of Schools and Ex-Officio Secretary to the Bo rd Approved by Board: January 9, 2023 2 EXHIBIT A (Contractor's Fees) 3 Jacobs Challenging today. Reinventing tomorrow. Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS STAFF AUGMENTATION QUALIFICATIONS We are proposing a pricing structure for year three (3) that continues to support on-demand resources responsive to the increasing workload, on an Indefinite Delivery, Indefinite Qyantity (IDIQ) basis coupled with the best-in-class systems needed for an exceptional capital improvement program for DCPS. Responsiveness - The staffing chart illustrates the positions we anticipate needing to support this contract term's workload and include allowances for additional/reserve staff to address changes and unforeseen events, if needed. Using this scalable/responsive approach has allowed us to control cost while also responding to the increasing or evolving workload. Staff Assignments- Staff will continue to be proposed for your approval and delivered on an "on-demand" IDIQ basis. This year's cost proposal is based on 69,199 hours of labor. Contract, Insurance, and Invoicing - This contract amendment is based on the original contract's (base year) terms and conditions. Co-location - Our core team remains co-located in your facilities using District supplied computers, office resources, and supplies. Reach-back Resources - We will continue to support any "one-off" tasks and bring added value by tapping our network of subject matter experts. To streamline accounting/reporting we have consolidated reach-back into fewer line items that can be reallocated based on the actual need and used with your approval. These resources generally work on a part time/remote basis, based on an agreed scope, schedule, and within the limits of a good faith cost estimate. This allowance may also be used to provide additional staffing if so directed. Cost Efficiency in a Challenging Market Climate - Our subject matter experts have modeled and are helping you to manage in these turbulent times by drawing on Jacobs deep understanding of the market. The continued use of this approach is keeping our staffing costs low so your MFP funds can be directed to your most impactful projects. OEO Participation - Jacobs consistently exceeds your 20% OEO goal. We're proud to report that our cumulative participation is now over 30%. Our relationship, commitment, and passion to helping our subs grow on your program will continue for this renewal period. Billing Rate Increase - In the last contract renewal, we increased the billing rate by 3%, in this year's renewal we have increased our rates by 4.5% resulting in a 2-year total increase of 7.5%. For context, over the same period the Social Security Administration's COLAs are 5.9% and 8.7% for a 2-year total of 14.6% illustrating our commitment to helping the district to control cost. Remainder of page left blank intentionally Jacobs. I 1 Construction Management Agent/Owner's Representative Services I RFQ #11-21/TW DUVAL COUNTY PUBLIC SCHOOLS COST PROPOSAL STRUCTURE AND ACCOUNTING Workload - This year's workload increase is significant. In the first half of the year, we'll finish awarding the designers and construction managers on $600 million of projects funded by the COPS 2022. By the end of this amendment's term we'll have 14-major projects active, ongoing/finishing security and safety projects at over 100 schools, the ~64 Evolv Weapons Detectors under construction, an added 7-major projects in design, and two dedicated project managers working on the Arts & Athletics Referendum and Food Service projects. The increased staffing we're proposing is aligned to this workload. CORE TEAM LABOR-TOTAL $7,120,174.96 (52,948 HOURS, 72%) The core team are your boots on-the-ground managing the program and projects. $7,055,593.36 of this cost will pay for Jacksonville based staff from Jacobs and our two OEO certified subconsultants C&ES, and Clayton Co. Home Office Overhead - Our Program Executive will continue to help with staffing and reach-back on a part-time basis. Using this approach has allowed us to keep this cost to less than one percent (.7%). > Budget $64,581.60 time and materials basis (T&M} Program Staffing - The Director is accountable for the entire team's performance and the early project planning and reporting; the Deputy Director leads each project team in the execution of projects. This year's workload justifies a Senior Project Manager and Assistant Project Manager (APM) to work with the Deputy Director and Project Managers (PM) on project development and delivery. The Program Controls Manager (PCM) is responsible for financial and schedule management/reporting and document control. The PCM is supported by two APMs specializing in cost and schedule, an APM to support major maintenance, food service, and Arts/Athletics referendum projects, and a new position, Program Management Controls Systems (PMCS) Administrator who will locally manage the systems used for budget/ commitment/ expenditure/ change, schedule, and document control, and an administrative assistant. > Budget $2,862,337.92 (T&M) Project Staffing - Our project staff are assigned to teams led by a Project Manager (PM) and supported by a Field Observer (FO) who works with the school-based administrators and contractors, and an Assistant Project Manager (APM) who supports the cost, schedule, and administration of the contracts. This year we will supply five project teams. A specialized design team staffed by an Interior Designer/Architect, and a Supporting Designer will work with the project designers, code enforcement, and vendors on myriad topics including interior finishes, furniture, playgrounds, design standards, and project planning and development. > Budget $4,193,255.44 (T&M). RESERVE LABOR-TOTAL $1,845,944.64 (11,808 HOURS, 19%) To control cost, we will continue to use a reserve labor allowance to supply added staff or to respond to approved changes to the plan. The reserve includes a PM to manage the Arts/ Athletics referendum, a second PM for Food Service projects, a Logistics Liaison, and funding for other staff when justified and authorized. For example, in summer 2023 we'll be coordinating moves from/to MLK/Pearson and Kite; Ribault HS, MS, and Mathis ES; and Highlands, concurrently we'll also be starting the 7-new major projects. This allowance can be used to fund a short­ term surge of staffing, or it can be used to fund a long-term assignment. > Budget $1,845,944.64 (T&M with prior authorization) REACH-BACK RESOURCES - TOTAL $607,947.24 (4,443 HOURS, 6%) Reach-back resources provide part-time Subject Matter Expertise. All the services listed below are our best estimation of the services that we may need in this amendment's term: Jacobs. I 2 Construction Management Agent/Owner's Representative Services I RFQ#11-21/TW DUVAL COUNTY PUBLIC SCHOOLS Building Code Enforcement - The district is the Authority Having Jurisdiction (AHJ) on all projects. As the project workload increases so too does the Building Code Services department's workload. We've included a staff augmentation budget to support that department until the district can hire the licensed professionals or a private provider firm(s) to meet this load. > Budget $29,628.80 (T&M). Planning, GIS, and Castaldi - This work is performed by individuals who developed the original Master Facility Plan and who continue to perform the district's capacity/enrollment projections and preparation of Castaldi reports. They also maintain the districts Geographic Information System (GIS). > Budget $167,442.60 (T&M). Safety- While contractors are responsible for their project's safety, we need a part-time Safety Coordinator to ensure our team's safety and to help harmonize the different contractor's safety programs. > Budget $35,520 (T&M). Reach-back Resources -As our core team capability increases, our need for reach-back resources decreases. In this amendment we've used four allowance categories for Scheduling, Estimating, Plan Review, and Visual/Creative Media to perform tasks that may include: estimating, constructability and value engineering, scheduling/time impact analysis, desktop publishing, video production, renderings, specifications/technical writing, and data analytics, etc. (see the Cost Details for the line item values) > Budget $359,930.56 (T&M with prior authorization). Interns - Last year's internship program was a great success. This year we intend to sponsor two interns, ideally from a local or HBCU university. Throughout the summer the interns will shadow program staff and perform low-level/risk project tasks. To demonstrate our commitment to DCPS and intern programs globally, DCPS will fund one position and Jacobs will fund a second position and their expenses. > Budget $15,425.28 (T&M). EXPENSES - TOTAL $300,000 (3.0%) We budgeted for reasonable and customary reimbursable expenses: Technology Hosting and Licensing-As a cost savings measure, we'll continue to license/host the PMIS and the data dashboards using our PMIS licenses and integrations with Microsoft Power Bl. Note: While the data is stored in our systems, the intellectual property is yours and may be migrated into your servers at any time. > Budget $250,000 lump sum paid monthly Operating expenses - Covers personal vehicle in-county mileage, safety equipment, supplies and consumables, background checks/badging and other approved expenses > Budget $50,000 billed at our cost without mark-up Jacobs. 13 Construction Management Agent/Owner's Representative Services I RFQ #11-21 /TW DUVAL COUNTY PUBLIC SCHOOLS COST SUMMARY The following table summarizes rates and hours by the functional area. Core staff Reserve staff Reach-back Subject Matter Experts Expense 2023 Cost/Budget 2023 Planned Hours Percent $ $ $ $ (rounded) 7,120,175 1,845,945 607,947 300,000 52,948 11,808 4,443 0 72% 19% 6% 3% $ 9,874,066 69,199 100% The following graph illustrates the high proportion directed to project work compared to expenses. Cost/Budget Distribution ■ Core ■ Reserve ■ Reach-back ■ Expense Core, $7,120,-i?S COST DETAILS The following table shows the hours per month applicable to 1,968 (FTE) employees. Note: Jacobs & subs pay their respective employees PTO (not billed to DCPS). Reserve, $1,845,945 Reach-back, $607,947 Expense, $300,000 Note: Reserve and reach-back subject matter experts are bill for the actual hours worked in the month authorized. The table on the following page details the staffing plan, rates, and cost. Jacobs. 14 Construction Management Agent/Owner's Representative Services I RFQ #11-21 /TW DUVAL COUNTY PUBLIC SCHOOLS Position Assigned 2022 Billing Rate 2023 Billing 2023 Planned 2023 Budget a a Rate Hours Jacobs. I .:..P.:..ro;.,g"'r_a:;;.m"-"'Ex"'e:.:c-"(!t"-iv:.:e:__--'---'---'----'--'------'I Jonathan Jor~an i .:...;..;""-'='--'--"-.;.;;;.;;=------'------'I John C>ougherty -,-..,.__-"-"---''-'-''-------'---------'-'iVirgU Bryan _S_en_io_· r __ [)_e_s~ig'°"n/--P_ro_,j_ec_t_M_a_n_a=ge_r ___ -----'ITBC> i=,;.:;::.=.,;.;,;.;==----=-;__---'/Keidra Harris ,,_. . -" ""' - ' . ·_----- ----- ~==; !chiemeka Acholonu j Hunter Garrett l !Jessica Christenson i . . . JTBD ----'----'----'----'----'/r,()ITlBroe~Y .:...:.;c.=.:.;;;;c.;.:;;;=-::.:c.:.::.:__ ______ ....:...___;· !Kaushiki Bhattachara )Brian Alberti i . -- .... jC:Cldy rvlartiri · i Mat_t_Holzbauer !TBD --'---'---'-----'------'----'---'l\/aughn Paul c.;;.;;.;.::.:=-:.=:.:.;..;.::.:.c:_c;.c==--'-----'-------'ISheila Corzo l ~rian Quiones i Gage Bishop . . ~sistant Project Manag~r ' ! Ni raj Ta_lath_i_ I Reem Morssi ' isean Monaghan r - -- . - . ;TBD i :Tiffany Mccrary _ --'----'----------'-----'; Roslyn Raymie {Shared)_ --''-'----"'--'--"'-------=----'------'i S_umanth Janardhan _ iJame' McKamey ----------------', ,___.._ __ -=-----------'/TBD 'TBD ,--.~--------------- C:...C.'-'-=':.:..Ccc:;;_:.=.::.:__ ______ -'-_--'; TB D iTBD ;__-=.c.=..;;.c.;-'-'-----'--------~--' ~As_s __ is:...t.:..an--t_P.:..ro_,j.:..ec.:..t __ M __ a_n_a=ge:...r _____ '--'-'iTBD _B ___ u_ild __ in_,g,_C_o_d_e_P_la_n_R_e_vi_e_w_e_r(._P_TE_,) ___ __,i Michael Byrd _ ,...P_la_n_R_e_vi_e_w_e_r(._P_TE_-_A_l_lo_w_a_n_ce_,) ______ :rBD .;:c;:.c:.:.:.::..:.:c.:...,;..:..::.~=-:-=-=='--..:....-'-----'iTBD ..;;S~ch.,.;;e:.:d~u:.:ie.:..r~{P.:..T~E __ -:.:Al.,.;;lo:.:w.:..a.,.;;n~ce~)'--------';TBD .:..P.,.;;la--n;.;;nlccn,._g .:..a --"d'--D--ec.:scelg"'n..cl.:..ea--d--{,_P.:..TE;;;,) ___ -'---', Andrew Bishop _S_af-ce-'-'t .._C __ o __ o.:..rd_i __ nac..t.:..o.:..r {,_PT__,E)--'----------': Alan Cryier _C_a_st.:..a_ld_i a_n_d_P.:..ro_,j_ec_t_D_e_ve __ l_o._pm_en_t..,_{P:...T:.:E:,..) __ ' s_ Mumblo, G, Welch ~V_is_u_a_,__Vc_r_e_at_iv_e_M_e_d_ia~(P_T_E_--_A_llo_w_a~_n __ c~e)...___,'TBD _G_IS_t_e_ch_n_ic_ia_n_,__/_U_rb_a_n_P_la_n_ne_r_,(_PT_E_,__) ___ _.,Galina Lyogky 1-=-"--:.::.:.:..ce.:..c.;.:.. ___ ~--------'TBD 257.5 231-75 211.665 204,27 180 173.3284 173-3284 173.3284 173.3284 173.3284 130.81 111.4151 111.4151 111.4151 111.4151 111.4151 92.85 92.8545 92.8545 92.8545 92.8545 92.8545 92.8545 92.8545 92.85 74.28 61.903 173.3284 173.3284 173.3284 111.4151 92.8545 177.21 177.21 167.13 167.13 154.5 141.63 111.42 94.09 46.35 269,09 240 $_ ___ 64,581,60 242.18 1,968 $ 476,610,24 221.19 ___ 1,968 $ 435,301.92 213.46 1,968 $ 420,089,28 188.1 _1,968 $ .. 370,180.80 181.13 _ 1,968 $ 356,463,84 181.13 1,!.l68 $ ~?6,463,84 181.13 1,968 $ _ ~?~,463.8~ _ 181.13 _ 1,968 $ 356,4_63.84 181.13 1,968 $ 356,463,84 136.7 1,968 $ 269,025.60 116.43 1,968 $ 229,134.24 116.43 1,968 $ 229,134,24 116.43 1,968 $ 229,134.24 116.43 _1,968 $ 229,134.24 .. 116.43 1,968 $ 229,134,24 97.03 1,968 $ 190,955.04 97.03 1,968 $ 190,955.04 97.03 1,968 $ 190,955.04 97.03 1,!.l68 $ 190,955,04. 97.03 1,968 $ 190,955.04 97.03 1,968 $ 190,955.04 97.03 3,936 $ 381,910.08 97.03 1,968 $ 190,955.04 97.03 1,968 $ 190,955.04 77.62 1,540 $ 119,534.80 64.69 1,968 $ 127,309.92 181.13 1,968 $ 356,463.84 181.13 1,968 $ 356,463.84 181.13 3,936 $ 712,927.68 116.43 1,968 $ 229,134.24 97.03 1,968 $ 190,955.04 185.18 160 $ 29,628.80 184.2984 488 $ 89,937.62 173.8152 515 $ 89,514.83 173.8152 515 $ 89,514.83 161.45 240 $ 38,748.00 148 240 $ 35,520.00 116.43 700 $ 81,501.00 115.8768 785 $ 90,963.29 98.32 480 $ 47,193.60 48.204 320 $ 15,425.28 250,000.00 IS Construction Management Agent/Owner's Representative Services I RFQ#11-21/TW DUVAL COUNTY PUBLIC SCHOOLS ORGANIZATIONAL CHART Byron Page Executive Director ~· John Dougherty Director I t Virgil Bryan Deputy Director TBD Senior Project Manager TBD Logistics Liaison TBD APM (Design/Construction) - Tracy Rhodes , Assistant - I ~ ~ Jame' McKamey ... Assistant -------· -----, Keidra Harris Controls Manager Sean Monaghan APM (Controls) Kaushiki Bhattacharya PMCS Internal Delivery TBD APM (Controls) Roslyn Raymie APM (MM A/A Ref FS project r----- -------------------...------------ Meka Acholonu Project Manager Tom Brophy Project Manager Hunter Garrett Project Manager Anthony Project Manager Jessica Christenson Project Manager TBD Art/Athletics Referendum PM TBD Food Service PM Sheila Corzo Architect/Interior Designer Matt Holzhauer Field Observer Vaughn Paul Field Observer Brian Alberti Field Observer Cody Martin Field Observer TBD Field Observer Sumanth Janardhan Supporting Designer (PTE) 1 I Gage Bishop APM Tiffany Mccrary APM Niraj Talathi APM Brian Quiones APM Reem Morssi APM Michael Byrd BLDG Code Plan Review (PTE) L------- -------------------L- ___ J Jacobs. 16 Construction Management Agent/Owner's Representative Services I RFQ # 11-21 /TW DUVAL COUNTY PUBLIC SCHOOLS 2023 BILLING RATE TABLE The following table lists positions and rates applicable to this amendment's term. Position 1a 2022 Rate !Bl Program Executive $ 257.50 Program Director $ 231.75 Commissioning Agent $ 226.60 Program Deputy Director $ 211.67 Design Manager $ 206.00 Senior Project Manager I$ 204.27 PMCS Implementation Lead I$ 189.97 GIS Planning/Development $ 185.71 Construction Manager $ 185.40 Controls Manager $ 180.00 Architectural Plan Reviewer $ 177.21 Building Code Plan Reviewer $ 177.21 Project Manager $ 173.33 MAPPS Administrator I$ 173.32 Commissioning Engineer $ 172.81 Outreach/Communications, Diversity & Inclusion Lead $ 167.38 Estimator $ 167.13 Scheduler $ 167.13 Design Coordinator $ 166.86 C/S/FP/P/M/E Plan Reviewer $ 165.83 Systems Developer $ 155.07 Planning and Design Lead $ 154.50 Systems Bl Project Delivery I$ 151.82 Safety Coordinator I$ 141.63 Building Inspector I$ 139.05 Specifier/Technical Writer I$ 132.21 PMCS I nterna I Delivery I$ 130.81 Field Observer I$ 111.42 Design Review Team (GID) I$ 111.42 Dashboard Developer I$ 104.32 GIS Technician/Urban Planner $ 94.09 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Architect/Interior Designer $ 92.85 j $ APM (Controls) $ 92.85 $ Outreach/Communications, Diversity & Inclusion Specialist $ 92.84 $ Procurement/Buyer Support $ 92.14 $ Document Control / Admin I$ 80.47 $ Supporting Designer, Project Engineer (EIT or CM) I$ 74.28 $ Administrative Assistant $ 61.90 $ Summer Intern $ 46.35 $ Jacobs. 2023 Rate 1a 269.09 242.18 236.80 221.20 215.27 213.46 198.52 194.07 193.74 188.10 185.18 185.18 181.13 181.12 180.59 174.91 174.65 174.65 174.37 173.29 162.05 161.45 158.65 148.00 145.31 138.16 136.70 116.43 116.43 109.01 98.32 97.03 97.03 97.02 96.29 84.09 77.62 64.69 48.44 18 Construction Management Agent/Owner's Representative Services I RFQ #11-21 /TW DUVAL COUNTY PUBLIC SCHOOLS SCHEDULE & WORKLOAD SUMMARY For this amendment term we'll have 14-major projects under construction and move 7-major projects from planning into design while we complete the security/safety projects districtwide. Major Projects - The following schedule illustrates the increasing workload on major projects that will be active during this amendment's term. We'll continue to use a project team approach from beginning to end with support from the design team during planning through contract award. While Rutledge Pearson replacement occupies in the summer and closes out in the fall/winter, 7-additional projects will start. We have included added core and reserve staff to support this growing workload. ~H.~.aocc,_. (.flJS'f,tTr)I~ lfoil'J9art~~ ~'.aMtlw.,;i-111tM swttd.'tlt-!.Sllft-lll Jt~A.♦M$~-­ Dl.-lcanU ~- l~~~i;, MMWtbSffiOi"~9\ ~d1.&~c, '-Yttiu!-~5! "'' • ---1 ------··---------·- ~W.W:e~ ,,.....,,...,_,,, ~rd~(~~( \V#:7hd[lcr.Jml,r l:r....-.e,,1E!tMtNWJ F;dC-lfotr,:[lfinishing work at the 46-phase 2 schools, and bidding/starting/finishing the work at the final 22-phase 3 schools. Evolv Weapons Detectors - Using a similar approach as the security & safety projects, we have teams of designers and contractors from the district's annual contract designing ~64 weapons detectors at high schools districtwide. Referendum and Food Service Projects - A full-time reserve project manager may be assigned to the portfolio of smaller projects funded by the Arts and Athletics Referendum, and a second project manager may be assigned to support Food Service projects. If the district internally staffs these positions the funds will remain in your staffing reserve for other approved use. Because these projects are typically less complicated, we've included a shared APM to support both reserve PMs and also the district's Major Maintenance projects. CLOSING In advance, we thank you for the continued opportunity to serve the district. There is a tremendous workload ahead and we're ready to get to work delivering high quality projects for the students, staff, and greater Duval community. Jacobs. 19 FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the "District") and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. ------------------------- --- ------------------------------------- 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable Federal, State and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to the District a Federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to the District a Federal Drug Free Workplace Certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. Contractor: PRINT NAME OF AUTHORIZED REPRESENTATIVE: James E. Mclean SIGNATURE OF AUTHORIZED REPRESENTATIVE: ~ TITLE: Vice President & Geog. Operations Manager 4 DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 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) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance 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 workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287 .087. ~ Contractor's SIGNATURE/DATE James E. McLean - Vice President & Geog. Operations Mgr. NAME/TITLE Name of Company Jacobs Engineering Group Inc. 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor ( or Subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a 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. C. Are not presently indicted for or otherwise c~iminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. *See Attached Addendum 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this certification. ~ Contractor's SIGNATURE James E. McLean - Vice President & Geog. Operations Mgr. NAME/TITLE of AUTHORIZED REPRESENTATIVE Name of Company: Jacobs Engineering Group Inc. 6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Addendum to 1 (d) In August 2020, the Procurement Office of the Arizona Department of Transportation ('ADOT') notified Jacobs Engineering Group Inc. ('Jacobs') of its intent to terminate an On-Call Acquisition and Relocation Services contract (CTR049970 and CTR049971) for default due to a disputed real estate brokerage licensing requirement. Jacobs has been in the process with ADOT of correcting this administrative default and to secure rescission of the notice. No task orders had been requested or issued under the subject On-Call. Jacobs has delivered world-class engineering services with ADOT for over 30 years. Jacobs continues to win new contracts and deliver many projects with ADOT. This termination is not expected to have a material adverse effect on Jacobs Engineering Group Inc., or upon the business, financial condition, results of operations, or cash flows for the company. INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and 6fher efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary offer" as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance ofcompetition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. ST A TE OF FLORIDA COUNTY OF DUVAL NON-COLLUSION AFFIDAVIT I state that I am the authorized representative of Jacobs Engineering Group Inc., a Deleware cor'poratfon, and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm's offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) Jacobs Engineering Group Inc., its affiliates, subsidiaries, officers, directors, employees 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 bidding, proposing or offering on any public contract, except as follows: I attest that _Jacobs Engineering Group Inc., understands and acknowledges th at the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. ~ December 20, 2022 (Signature) (Date) EXHIBIT 6, SPECIAL CONDITIONS BILLING INSTRUCTIONS: Separate itemized invoice in duplicate for this purchase or for each shipment thereon shall be rendered immediately following shipment. Such invoice must be marked "Original". Unless otherwise specified, all prices are delivered with transportation charges prepaid. If vendor bids F.O.B. destination and freight charges are placed against Duval County Public Schools (DCPS) either by collect shipment or prepaid charges added to invoices, such amount will be deducted from invoice and vendor notified of such action so he or she may adjust our account on their records. Equipment, materials, supplies and/or services delivered on this order shall be subject to inspection and test upon receipt and, if rejected, shall remain the property of the vendor. Properly receipted original bills of lading must accompany invoices for shipment made by freight or express. The number of this purchase order must be shown by vendor on all related invoices, delivery papers, bills oflading, packages or correspondence. PARTIES RECEIVING PAYMENT VIA PURCHASE ORDER ISSUED BY THE DCPS FOR GOODS AND/OR 'SERVICES SHALL BE SUBJECT TO ALL REMEDIES ALLOWED BY LAW FOR ANY DEFAULTS, BREACHES, VIOLATIONS OR OTHER FAILURES TO PERFORM AS AGREED WHETHER OR NOT AN EXPRESS WRITTEN AGREEMENT EXISTS FOR THE PROVISION OF SUCH GOODS AND/OR SERVICES. NOTICE: REQUIREMENTS WHEN USING FEDERAL FUNDING: This purchase order constitutes a contract. Upon acceptance of a purchase order, the vendor certifies that their firm meets and agrees to the following provisions, which shall become a part of the contract. REQUIREMENT FOR CONTRACT AW ARD (2 CFR 200.320): The parties acknowledge and agree that the contract is being awarded pursuant to a formal procurement method. All proposals received will be reviewed to ensure all materials have been submitted as specified in the RFQ. The evaluation of proposals will be conducted in accordance with the criteria listed in Section 6.0 Proposal Evaluation Process. Contract award decision will be made based on the vendor that attains the greatest overall proposal score. TERMINATION FOR CAUSE OR CONVENIENCE (34 CFR 80.36 (I)): For all purchases involving Federal funds in excess of$10,000, the District reserves the right to terminate this contract for cause, as well as for convenience, by issuing a certified notice to the Contractor. If terminated, the District shall be responsible only for goods and services already delivered to it on the date of such termination and shall not be responsible for any consequential damage, future damages or damages caused by lost profits, inconvenience or overhead expense to the vendor. DAVIS BACON ACT (as amended (40 U.S.C. 3141-3148)). As required by Federal program legislation, Contractor shall comply with the Davis­ Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction") on all federally funded contracts exceeding $2,000. In accordance with the statute, Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor is included herein. Subsequent wage determinations will be made available to the Contractor during the term of the contract as updated by the Department of Labor. Contract award is conditioned upon the acceptance of the wage determination(s) by Contractor. The District will report all suspected or reported violations to the Federal awarding agency. CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36 (1)(6)): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to all construction contracts awarded by the district and sub-grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. CLEAR AIR ACT AND CLEAN WATER ACT (34 CFR 80.36 (1)(12)): Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). DEBARMENT The parties acknowledge that Contractor has executed the most recent version of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion is attached hereto. DRUG FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-2169!). BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352): Contractor agrees to file the certification required by the Byrd Anti-Lobbying Amendment. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee ofa member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federa...