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PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
F C C N A ❑ N
Contract # 18 -7432 -ST
for
" Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Jacobs Engineering Group Inc. ,
authorized to do business in the State of Florida, whose business address is
5801 Pelican Bay Blvd., Suite 505, Naples, FL 34108 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
FNI WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
F■ WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Term Continuing Contract 20t7.009 Ver.2
1.12. The CONSULTANT designates Bill Gramer, PE, AICP a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
fy�
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
i:W,{
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one (L—)
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party.. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn Colon(a)colliercountyfl qov
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16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Jacobs Engineering Group Inc.
Address: 5801 Pelican BaV Blvd., Suite 505
Naples, FL 34108
Authorized Agent: Thomas J. Meinhart, VP
Attention Name & Title: Bill Gramer, P.E.
Telephone: (239) 404-1650/ (239) 431-9222
E-Mail(s): tom.Meinhartaiacobs.com/ Bill, Gramera'acobs.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER
Schedule B RATE SCHEDULE
Schedule C INSURANCE
Schedule D CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation # 18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. 0 Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (0 ) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. R At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
By:
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witnes - ---
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Burt L. Saunders . Chairman
Consultant:
Jacobs Engineering Group Inc.
A� tet. ��.• r� :. ■ s
Name
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Ve2
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: , 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task 11
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ONegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Task I
Task II
$
Task III
$
TOTAL FEE
$
Name and Title
(Dept Name) , Division Director
Date
Date
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer
Date
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. ❑p Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. 0 Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then-authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer.
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survev Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey.Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
0 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? FN� Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this agreement? ❑ Yes ❑i No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes X No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? n Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
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maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes n No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? O Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes n No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes R No
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
Per Occurrence.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? FNJ Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Jacobs Engineering Group Inc. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Library- Structural Engineering Category It
project is accurate, complete and current as of the time of contracting.
5VA,/..I. I �1 r,�.•
f�w-
DATE-
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver -2
SCHEDULE E
Other; Federal Contract Provisions (FEMA & FHWA)
(Description)
FM� following this page (pages I through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract' in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
httos //www epa gov/smm/comprehensive-procurement-quideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d at seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
0. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10,65% goal it must achieve.
FCP-7
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
extent permitted by law, the Agency's contractor shall indemnify and hold harmless -the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, director indirect, in this contractor the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
g Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) LB — 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
FICE
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY01017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot. state. fl. us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3 dot state fl us/EgualOpportunityCompliance/Account aspx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
FICE
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
s will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
npntation that validates a status. Contractor means an entity that receives a contract.
PRIME NAME
Jacobs Engineering Group Inc.
THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
INORITY OR WOMEN BUSINESS ENTERPRISE
iBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
JSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
DMINISTRATION? ORA SERVICE DISABLED VETERAN?
THIS SUBMISSION A REVISION? Y N
PRIME FEID NUMBER
95-4081636
VETERAN? Y N
DBE? Y N
MBE? N/A y N
WBE? Y N
SDB 8A? Y IN
IF YES, REVISION
CONTRACT DOLLAR AMOUNT
TBD
IS THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION ? Y N
CONSULTATION? O N
OTHER? Y N
DBE, MBE, WBESUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VET, SMB8A NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
William D. Beddow, PE 7/25/2019 Client Account Manager
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
Biil.Beddow@jacobs.com (239) 431-9227 N/A
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
Black American
BA
ispanic American
HA
Native American
NA
Subcont. Asian American
SAA
As Pacific American
APA
Non -Minority Women
NMW
Other: not of any other group listed
O
DEPARTMENT NAME I COLLIER CONTRACT#
GRANT
I DATE
ACCEPTED BY:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCURE 05/14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Jacobs Engineering Group Inc.
Name of Consultant
By: —___7 060&4v
7/25/2019
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMINS
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor: Jacobs Engineering Group Inc.
By: Aw 6
Date: 7/25/2019
Title: Client Account Manager
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings,
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
10/01
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: Jacobs Engineering Group Inc.
By:
William D. Beddow, PE Date: 7/25/2019
Authorized Signature:
Title: Client Account Manager
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREM0ZN6
Is this form applicable to your firm?
YES ❑ NO 21
If no, then please complete section
below for "Prime"
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e, loan guarantee
f, loan insurance(mm/dd/yyyy)
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b, material change
For Material Change Only:
Year: Quarter:
Date of last report:
4. Name and Address of Reporting Entity:
® Prime ❑ Subawardee
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
Tier , if known:
Jacobs Engineering Group Inc.
5801 PeliQan BayE3Ivd_,, Suite 505
Naples, FL 34108
Congressional District, if known: 4c
Congressional District, if known:
7. Federal Program Name/Description:
6. Federal Department/Agency:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Mn:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: /(/ V ����"" Y'V
Print Name: William D. Beddow, PE
Title: Client Account Manager
Telephone: (239) 431-9227 Date: 07/25/2019
Authorized for Local Reproduction
Federal Use Only:
F
Standard Form LLL Rev. 7-97
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred, Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
375-030-50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC - 03/17
Advertisement No./ Description
Solicitation No
VERSIONS
Financial Project Number(s)
r-,
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
n
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES
TECHNICAL REVIEW/AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
M
CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS
<,f
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS /A
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-3/17
SELECTION COMMITTEE /A
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES N/A
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
06C - 03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS N/A
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
Contract Number(s):
Printed Names
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
ME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO CRE03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Signatures
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT /A
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Signatures
Date
t0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Structural Engineering N/A
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
William D. Beddow, PE 7/25/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
OCURME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGC E 3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
FO -1 CCNA ❑ RdA
Contract # 18 -7432 -ST
for
" Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Stantec Consulting Services Inc.
authorized to do business in the State of Florida, whose business address is
5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
Al WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
01 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Libra — Direct Selection. For work
assignments requiring uniquexp
eerience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific
ch requires T is request
aw'olfll rbothra
the completion of a Work Assignment Direct Select Form,
Division Director and the Procurement Services
DII tor. lrms thatd on their next scheduled tuen i re directly selectd othe
work assignment as a result of this process bepasse
rotation.
1.5. All Services must be authorized in writing b{ tthe COUNTY unless and to the ext nCOUNTY in the form of a Work Ot they
The CONSULTANT shall not provide any Serve
are required in a written Work Order. Any Servicesll have no iab�l'i y for stuch
ten
Work Order shall be at CONSULTANT's own risk and the COUNTY sha
Services.
1.6. As the COUNTY identifies certain Services
request a proposal
tishes CONSULTNT f from to provide pursuant
CONSULTANT for
to the terms of this Agreement, the COUNTY shallq
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such
icincluding,
a Work Ordertshall beto hprepared
compensation and schedule for performance of those Serves
which incorporates the terms of the understandingtherewith, they bha I joiy the ptlyties with respect to execute the Work Order.
Services; and if both parties are in agreement y Work
Or
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
cy
the Services
1.7. Itis mutually understood and agreed that the
r does not f represent or
shall be determined solely by the COUNTY and that the COUNTY
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority
toact a inhany agent
of the or wOUNTY under this
Agreement or any Work Order, or to obligate the
y.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
this
1.10. The CONSULTANT agrees to obtain andmaintain the State of Flondaeriod and m Collier rCountyt
all such licenses as are required to do business
Florida, including, but not limited to, all licensesrequired andl by
ng the professional services to be
other
governmental agencies responsible for regulating
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes,
requires
services, license,
it shall employ and/oruretainao'nly
on
or other form of legal entitlement to practice such
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates
Tim Hancock, AICP a qualified
rre
licensed professional to serve as the CONSU s project
iauthorizdinator ed and hesponsible toereinafter actdon
to
as the "Project Coordinator"). The Project Coordinatorring
behalf of the CONSULTANT with respect to directing, er thisnating and Agreement.drrin'eaech WolrksOrder
pects
of the services to be provided and performed
CONSULTANT will designate a qualified licensed nder that Work Order (here n
professional to serve as aOfteSreferpredTto
project coordinator for the Services to be provided
as the "Project Coordinator"). The Project Coordinator authorized aand nd admin responsible
all aspects
to act on
behalf of the CONSULTANT with respect to g, coordinating
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CrOthat theTon all Pr ncipalatters arising out of
n Charge and the
or relating to the Work Order. The CONSULTANT agrees
Project Coordinators shall devote whatever time
SULTANTrequired
undee thesatisfactorily
OrdernaCONSULTANT
to be providage the services
ed and performed by the CON
further agrees that the Principal in Charge andNP{tencaCoo all ntors and f slo not
emovedremoved
must be
CONSULTANT without the COUNTY's prior pp
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen l ) calendar days of receipt of a written
ce the Project Coordinator, or any other
request from the COUNTY to promptly remove and replace
personnel employed or retained by the CONSULTANT,
s or subcontractors engagedbyCONSULTANT
or subcontractors
or any personnel of any such subconsultan Agreem
to provide and perform services or work pursuant to the r auw'tho ttcausels Any peesonnel so
nt, or any
applicable Work Order, said request may be made with o
removed must be immediately replaced with a person acceptable to the COUNTY.
of
1.14. The CONSULTANT represents to the COUNTY that itAghas
eementr and (hasthe
extep sive
professional services that will be performed pursuant to this
experience with projects similar to the Projectrequirhereunder. The ed
to this Agreement ITbeNsubje t to
T agrees
that all services to be provided by CONSULTANTpursuant ally
the COUNTY's review and approval and shall bein
inFlorida, as well nce withth t in generance we tall
standards of professional practice in the State o
applicable laws, statutes, including but not limited tcodesCodle eswhege lapplicable,
ations and
requirements of any governmental agencies, and the Florida Building
which regulate or have jurisdiction over the Prom t Payment Act (218.to be provided d735eand 2 8.76
rformed by
CONSULTANT hereunder, the Local Governmentp
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THECONTRACTOR'S DUI Y ON OO
PROVIDE PUBLIC RECORDS RE
CHAPTER 119, FLORIDA STA RELATITO THE NG TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
Page 4 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.rovide the
2. Upon request from the public agency's custodian of public records, p
public agency with a copy of the requested
time at a cos that dolow es nt t exceed the ost
he records to be
inspected or copied within a reasonable
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are
disclosed
Complet on of theauthorized
ntbactaif t e
w for
the duration of the contract term and following
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, n format
rthais compatible with the
information technology systems of public
omp
If Contractor observes that the Contract Documeacts are at variance tor to comply with the lawlshreferenlcedr heretin
ly
notify the COUNTY in writing. Failure by the Con
shall constitute a breach of this Agreementandthe COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, judgmOens to advise theULTANT COUNTY
notify the
COUNTY of such conflict and utilize its best professional
regarding resolution of each such conflict. The COU del verapomplete ofproval andn daccuthe grateodo uments
in
no way relieves CONSULTANT of its obligation o
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions
of the expressed frame, linvoiced
udng (task)
)amount
required
for the following: Tasks not completed within pressedrame
deliverables, incomplete and/or deficient documents, failure aforman/�e
federal requirements and/or codes and ordinancesapplicable to C NSULTANT's pe
of the work as related to the project. This list is not deemed o be deduall-inclusive,
inclu ive, and
the caOt on TY
reserves the right to make sole determinationregarding
of
deficiency, if the CONSULTANT fails to correct
deficiency
COUNTYwithin
may alsoededudct'orech ge
these funds would be forfeited by the CONSULTANT. The
the CONSULTANT for services and/or items necessary
or notrrect the the COUNTY nobta cies�edcsubst tute
related
to the CONSULTANT's non-performance whether
performance.
Page 5 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
rnish or make
any
rd person,
1.17. The CONSULTANT agrees not to divulge, ritten consent oaunlessl in ident to'the proper
firm or organization, without the COUNTY prior
performance of the CONSULTANT's obligations hasbeen
hereunder,
subpoenaed, in
eany nonof judicial
legislative proceedings where such information properly
information concerning the services to be rendered by s subconOsulSULTANT tants and subcontractors to
hereunder, and
CONSULTANT shall require all of its employees, agent
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans anddrawings GN format on a CD or DVD, in
must be submitted in an AutoCAD DWG or MiStatin
the Florida State Plane East (US Feet) Coordinate System (NAD
as/90). The drawins Certified Sectiog Corners
either reference specific established Survey Monumentati n such
(Half or Quarter Sections are also acceptable), orwthe COUNTYt, derived fom eldnfo mationr layehs shall e RTK have
Time Kinematic) GPS eal-
Network as provided by
common naming conventions (i.e. right-of-way -ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through others endment or Additional Sery Changeobey nd those
rder to a Work
Order, CONSULTANT shall furnish or obtain from
Services originally authorized in the Work Order: theagreed Amendmepon scope, compensation and
t or Change Order authorizing
schedule for Additional Services shall be set forth in the
those Additional Services. With respect to the indivVdlials bewith
as established a n hthe COUNTY'sorize Additional
Services under this Agreement, such authority
Procurement Ordinance and Procedures in effect aanh time such services are authorized -
Additional Services must be approved
Except in an emergency endangering life or propet y, yng such
in writing via an Amendment or Change Order to r the costs off Addit one subject Work dalrServicesprior to scomlmenced
services. The COUNTY will not be responsible fo
without such express prior written approval. Failure
claim b
to ta
Additional Services will be deemed: (i) a waiver of y Y CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that
rk is not additional t Work Order.t rather a part
of the Services originally required of CONSULTANTunder the
2.2. If the COUNTY determines that a change i W0 nOAmendmenter is ired because of the or Change Order shaltlbe
taken by CONSULTANT in response to an emergency,
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the n ofmsrgency occurrenlceinFa Iture'tohpro$ide the fo ty-
) hours from
when CONSULTANT knew or should have known
eight (48) hour written notice noted above, waor imOe of performance hundet it ht e (subject Work
se may have
had to seek an adjustment to its compensation
Order.
Page 6 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject
Order.
rendered bySchedule
CONSULTANT shallform
be commenced, to the COUNTY. Services to be
Page 7 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Sch
performed and completed in accordance with the
Work iceornder and t Work eduleOrd, Time is of the
essence with respect to the performance of the
4.2. Should CONSULTANT be obstructed or dthlcontrol of CONSULTANTd in the prosecution or , not due
etion of the
Services as a result of unforeseeable causes beyonde
to its own fault or neglect, including but not restricted
demcts cs of nature or oba�tionsenemy, strike,
s or
of
government or of the COUNTY, fires, floods, ep , quarantiner gu
lock-outs, then CONSULTANT shall notify the specific if c causeTY in rorngauses thereofwithin five , be'deemed
ng days
after commencement of such delay, stating the p
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided hment or ogress of CONSULTANTts Servnces
inefficiency, suspension or delay m the comencein whole or
from any cause whatsoever, including those foto which
orNgive rise oTY ay eanyp right to edam damages or
in part, shall relieve CONSULTANT of its duty p
additional compensation from the COUNTY. CONSULTANT
s sole
remehowev nst the
COnti gTY
will be the right to seek an extension of time to the provided,
of
any such time extension shall not be a condition precedent emen ico ploned e ionD, as well
amage
For Delay" provision. This paragraph shall expressly apply to
aims for
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner,
Y at its soleaddition
discretioany
n andother
optionrights
may w thhold
edies
available to the COUNTY hereunder, the COUNT
any and all payments due and owing to the COONSULTANT CONSULTANT resumerthis Agreement s performance of cobligations
luding any
and all Work Orders) until such time as the CNSU
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
to continue
4.5. In no event shall any approval by the COUNTY
or any sOsuedUbytheTCOUNTY to
performing Work under any particular Work Or y p
CONSULTANT be deemed a waiver of any right
orclaim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date ime as all ouon of tstanding this
Work Ordershssued
rough
five (5 ) year(s) from that date, or until s
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement
undder all of the terms
and conditions contained in this Agreement for one ( )
year(s) periods. The COUNTY shall give the CONSULTANT f the Agreement term then n effect.COUNTY's
intention to renew the Agreement term prior to the end
the
4.7. The County Manager, or his designee, maydforrup to one hudndred and eighty (180)
Agreement under
all of the terms and conditions contained in this Agreement ten
days. The County Manager, or his designee, sha�githe CNSULTANT tot e end of the Agretementttem then
ice of the
COUNTY's intention to extend the Agreement to prior
in effect.
Page S of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall beas
ins from Work s Order.
The
Project Manager, or designee, reserves the right request
utilizing any of the following Price Methodologies:
the risks are
Lump Sum (Fixed Price): A fixed
price
and, asoffering
a business p�actic�e there are no
transferred from the COUNTY to the CONSULTANT;
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees tcontractor
to perform the workamount
(number
of labor
time spent by the CONSULTANT's employees and subcontractors ma
of hours times hourly rate), and for materials and equipmentsed in used the
ep project
(Host of ttsrials
l
plus the contractor's mark-up). This methodology is generally h
not
possible to accurately estimate the size of the projacbor when it is XphesedContracts pclude
ject
requirements would most likely change. As a general business practice
back-up documentation of costs; invoices would includetimekeeping
ekee number gof hours or payroll �ecords),rked and
mategalaoe
by position (and not company (or subcontractor) p
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified incSchedule procured untder the Time and Materials
tachment 1, Rate Schedule,
which is attached hereto, shall apply only to probe The
pricing methodology specified in paragraph 5.1 above. R Grant Funded: attached rhereto, are
set forth and identified in Schedule B, Attachment 1, Rate Schedule,
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each e or originals rr,as direcall ted records, the
do OUNTY,
CONSULTANT shall deliver to the COUNTY cope
ments
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project
"Pr tD Documentments s").
Thtoebe COUNTY shay
all
specify whether the originals or copies of such Project
CONSULTANT. The CONSULTANT shall be solely hresponsible for aIat its own expenosts se, may
d with
delivering to the COUNTY the Project Documents. The
CONSULTANT
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement
e eby grants to the COUNTY a
COUNTY to pay any additional compensation, CONSULTANT h
's use with
nonexclusive, irrevocable license in all of the Projehe Documents COUNTY
to the COUNTY
respect to the applicable authorized project or task. T CONSULTANT
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
Page 9 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ete
consents to the COUNTY's use of the Project Documents to complm the s nbs ctorproject r task
following CONSULTANT's termination for any reason p
erforreplacement or renovations of the subject project or task.
The CrONSU TANT also
anowon toledges
dg us
the COUNTY may be making Project Documents available
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records a d supporting
oentation will be documentation
ed whby
ich
concern or reflect its services hereunder. The records or
CONSULTANT for a minimum of five (5) years from (aVethes at later, or ichtlaterhda date may tbe
(b) the date of the Work Order is completed, whichever
required by law. The COUNTY, or any duly authorized ageontsall suor ph records and documentationresentatives of the
q
shall, free of charge, have the right to audit, inspect an copy
as often as they deem necessary during the period of
red by his glaw; eovided, howevernt and during e, such act activity
period noted above, or such later date as may be req
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law,
CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers andaattoloyees �neys' feesm any dand all Iparlalegalsafeegeto
losses and costs, including, but not limited to, reasonable of
the extent caused by the negligence, recklessness, NSULTANT in the performance ofintentionally wrongful t
ed or utilized by the CO this
CONSULTANT or anyone employ
Agreement, This indemnification obligation shalt not bva lable to an indemnified party or person
any other rights or remedies which otherwise may be a
described in this paragraph.
rising from the sole negligence of Collier County.
This section does not pertain to any incident a
8.1.1. The duty to defend under this Article 8 is inndpenode a yndlmate separate from
liability duty
the
to indemnify, and the duty to defend exists regardless
nified party. duty
CONSULTANT, the COUNTY and any indemotceof suocheclaim being fend arises immediately
CONSULTANT,
upon presentation of a claim by any party and written n
cle
will
CONSULTANT. The CONSULTANT's obligation to indemnify
nti
d udefend funder hmSned'cby$ nal
survive the expiration or earlier termination of this Agreement
judgment that an action against the COUNTY or an indemnif iedlim t t ons the matter indemnified
party for
hereunder is fully and finally barred by the applicable statute
8.1.2 To the extent that the Agreement that the work
pertains
theto is a CONSULTANT saas`Design
Contract" as defined in Section 725.08(3), Florida Statues,
Professional" as defined in Section 725.08(4), Florida Statues, the iemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida
Page 10 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times dset forth p SCHEDULE C to this
uring its rformance under the
Contract Documents, insurance of the types and in the amounts
Agreement.
9ompanies duly authorized to do business in the
.2. All insurance shall be from responsible c
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
Professional
9.3.1. All insurance policies, other than the Business Automobile policy,
d by CONSULTANT to meet the
Liability policy, and the Workers Compensation policy, pCounty
rovidrequirements of this Agreement shall name Collier County
ORBoard
o County Governments , OR,
Board of County Commissioners in Collier County,
an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
aga
nst
9.3.2. Companies issuing the insurance policy or policies an dedushallctibles have no recourse which all are at'the
the COUNTY for payment of premiums or assessments Y
sole responsibility and risk of CONSULTANT.
lf-
9.3.3. All insurance coverages of CONSULTANT seainbe rance' provisions of any policies
insurance program carried by the COUNTY,or anytmsuOrance or self-insurance program carried by
obtained by CONSULTANT shall not apply
COUNTY.
hich are to be provided in an Occurrence Form
9.3.4. The Certificates of Insurance, w
limiting endorsements, must reference and identify
patterned after the current I.S.O. form with no
this Agreement.
9.3.5. All insurance policies shall be fully performable in County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY
shall
proceeds waive all right pagai n t
each other for damages covered by insurance to the extent
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed an authorized
by th n e e DepartSt rte of
ent
of Insurance of the State of Florida to transact the appropriate
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
Page 11 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors
identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written
t.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any sud s°retiotnntheyor sarecassignable tortherCOUNTY
, all such
contracts shall provide that, at the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
Page 12 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
Page 13 of 33
PSA Fixed Term Continuing Contract 2017.009 Vec2
ed in
6, that
in
and described in this Agreement, including°arising of orbrelating to thiseAgreementaoeany
CONSULTANT's possession or under its co g ou
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion
the
remedy shall be to seek an on
ereunder
are so suspended, the CONSULTANT's sole and exclusive
of time to its schedule in accordance with the procedures set forth in Article Four herein.
ANT
12.7. In the event (i) the COUNTY fails to make anyundisputed
indtheaWork Order oN suchyment to other
within forty-five (45) days after such payment is due as set
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY
Yas to has failed fo cure NT such dethis fault within
or subsequently issued Work Order, and (ii) the CO
UNTYfourteen (14) days of receiving written notice of samefrom Osuch dela tis cured, after gNT, then CONSULTANT v ng
may stop its performance under the subject Work Order until
the COUNTY a second fourteen (14) days writtenStice of ervices arOeNsoUstopped for aepei�od of one
n to stop
performance under the applicable Work Order. If the
hundred and twenty (120) consecutive days througe� roa alnyf otherthe CpeNsonsTperfo ming
ANT or its
subconsultant or subcontractor or their agents or pto yees
portions of the Services under contract withthe o eso the COUNTY of CONSULTANT's
ULTANT, the CONSULTANT may
terminate the subject Work Order by giving written nowithin fourteen (14)
intent to terminate that Work Order. If the COUNTY does not cure its t upon fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may,
additional days' written notice to the COUNTY, ed through the t bm'nat onterminate the suject r daOte, but inand
event
recover
from the COUNTY payment for Services performed
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
any
13.1. The CONSULTANT warrants that CONSULTANT workings not employed or solely for CONSULTANT! todsolic t
company or person, other than a bona fide employee not paid or agreed to pay any person,
or secure this Agreement and thatCONSULTANT
firm,othera bona fide employee working solely for
company, corporation, individual ,
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CC_lects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute Juired certifyinghtha Nwagelaratestion Canrdfiother
attached hereto and incorporated herein as Schule D
factual unit costs supporting the compensation for CONSULTANT'su hhereafter, i arvices to be ny, are accuprate�complete
ed under
this Agreement and each subsequent Work Order is
and current at the time of the Agreement or such subsequent issued Work Oork Order. rder, iany,f and CONSULTANT
agrees that the original price as set forth in each sub q by which
additions thereto shall be adjusted to exclude any aSig clreased dueicant sto COUNTY incomplete
determines the price as set forth in the Work Order w
Page 14 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs, All such adjustments shall be made within
one (1) year following the end of the subject Work
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has eno wrest and shall acquire no interest,
'th the performance of services
either direct or indirect, which would conflict in any manner
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement ntelnd e to be valid
r binding
it upon either party
unless in writing and executed by the party or parties
15.2. In the event that the need for changes to the
Services
Ostdof the Project.
er may arise
during the course of the work, the associated tasks may be modified at the eque
Manager or his designee. Written authorization from the Proand Pject Man g erswFob anya ill e iced in
accordance with the Procurement Ordinance, as amended
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
icat
ons
15.3. All duly executed modifications to Work d made alnclupartdof tghislAgreement bywritten f efe' ence.r
Changes thereto) are hereby incorporated into a
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to hobdgiven by
yohby UnNSULTANT
ited States
to the COUNTY shall be in writing and shall be delivered
e yre aid, addressed to the following
Postal Service Department, first class mail service, p g p p
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Procurement Services Division
Division Name:
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Na les Florida 34112-4901
Administrative Agent/PM: Evel n Colon
Telephone: 239 252-2667
elep on Evelyn, Coloncolliercount fl. ov
E-Mai
Page 15 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Stantec Consulting Services Inc.
Address: 5801 Pelican Ba Boulevard Suite 300
Na les Florida 34108
Authorized Agent: Fermin A. Diaz PE Vice President
Attention Name & Title: Tim Hancock AICP
Telephone: 239 649-4040
E-Mail(s): Tim.Hancock stantec.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the
COUNTY and assume towards the COUNTY
dealing.
COUNTY, shall promote the best interests of the
a duty of the highest trust, confidence, and fair
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision
atioshall
n oftthe tbe dermseof
to be a waiver of any other breach and shall not be construed to be a mod f c
this Agreement.
17.5. The headings of the Articles, Schedules,
Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating
no force or what vertter set forth eon this
in, and
any such prior agreements or understanding shall have
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
Page 16 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2 ,.' ,
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER
Schedule B RATE SCHEDULE
Schedule C INSURANCE
Schedule D CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation # 18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. * Grant Funded Proiects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. _Applicability. Sections corresponding to any checked box (■) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other
party
courtsrelating
Collier County, FloridaS which courts have soleand
ght
in the appropriate federal or state
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. R At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
Page 17 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
UNTY
nes
compensati
shall be adjusted to exclude any sums by which
noncurrentwagewage ratesran'd otheefactual unit �ostsas
increased due to inaccurate, incomplete, or
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted moor l i t st olllowing
a conviction for a public entity crime may not submit a bid, p p
ply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or or
repair of a public building or public work; may not submit bids, proposals,
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount followingvithed date o87bbeing placed.017 for oh e
TWO for a period of 36 months
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
ve
20.1. Prior to the initiation of any action or proceeding
a permitted
faithythis effortAtoreesolve tany sulch
disputes between the parties, the parties shall god
disputes by negotiation. The negotiation shall be attended
' by staff representatives
wouof Old SmakeAthe
NT
with full decision-making authority and by the COUNTY
presentation of any settlement reached during neotiatons ionst nthe
any logat on betweeapproval.
n the parties
resolution, and prior to the commencement ofdeposit
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified decision-mState of aking authority and a. The 'by
shall be attended by representatives of CONSULTANT with full at
the COUNTY's staff person who would make the pld either fail t submit to mediation as on of any settleent reached
n
mediation to the COUNTY's board for approval. Sh er
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
her party
20.2. Any suit or action brought by either party to this
sn the eropr ate fedent against ral torr state courts relating
to or arising out of this Agreement must be broughtpp
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement,
s efull responsible sfor complying with the
ULTANT is formally
acknowledging without exception or stipulation thatY
provisions of the Immigration Reform and Control Acanof nd d Failure byt h e CONSULTANT to
and regulations relating thereto, as either may b
Page 18 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute breach
Agreementsmmediately and the
COUNTY shall have the discretion to unilaterally terminate this
(signature page to follow)
Page 19 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
By:
Date.
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
110
Witness temp- MAP -144,170:P
Name and Title
1WVIt e s
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Burt L. Saunders Chairman
Consultant:
Stantec Consulting Services Inc.
By: f
Name and Title
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Vcr.2 .
C
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: , 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task H
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
Task I $
Task lI $
Task III $
TOTAL FEE
Name and Title
Date
APPROVED BY:
(Dept Name) , Division Director Date
APPROVED BY:
type name, Department Head
Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been filly disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer
Date
Page 21 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SE_RVICES
B.1.1. As the COUNTY identifies certain Services it wishes
ONSULTNT f romtCONSULTANT for
provide pursuant
to the terms of this Agreement, the COUNTY shall request aproposal the
such Services, said proposal to be in compliance with the terms f but nof this t ement t If
fthe pcope,
reach an agreement with respect to such Services,
including,
compensation and schedule for performance of those Services,
ib s, a or esOrdewithall bt to such
e issued
which incorporates the terms of the understanding reachedY
Services.
COUNTY of
B.1.1.1. The COUNTY may request that CONSU and Nhe estT in imated fees ting advise tthereof for the
(i) the estimated time of CONSULTANT's personnel
proposed work to be specified in the Work Order; and (ii)
estimated
s i aced s charge be the COUNTY
med by
for the reimbursable expenses applicable to the contemplated such
CONSULTANT under the proposed Work Order. CONSULTANT U shall promptly supply
estimate to the COUNTY based on CONSULTANsgood
s.
B.1.2. All Services to be performed by CONSULTANT pur Into Work Orderis 11is nt s allrs e in
cherein, with onformance with the scope of services, which shall be described
nt
to the procedures described herein. Reference to the termWork
Order
ons or Amendments. respect to
authorization of Services, includes all written Work Order
r.
B.1.3. All Services must be authorized in writing bhe COUCOUNTTYunlin the
fort mthe o ext nt thrk ey are
CONSULTANT shall not provide any Services to the
required in a written Work Order. Any Services provided he COUNTY sNSULTANT hall have no liability ty fo such
Work Order shall be at CONSULTANT's own risk an
Services.
6.1.4. Upon issuance of a Work Order as aforesaid, CONSULTof this Agreement and NT agrees to pthe tly provide
subject
the Services required thereby, in accordance with th
Work Order.
2. COMPENSATION TO CONSULTANT
Work
B.2.1. Payments for Basic Services and Additional Basic Services as Ns ntvo ce approvedforth herein or hby the
Order shall be made upon presentation of the COSULTANT's
COUNTY.
, upon receipt and
B.2.2. Payments will be made for services furnished, or within s x (6) moned, and ths dafter completion of
approval of invoices submitted on the date of services
contract. Any untimely submission of invoices beyond ud timel specified
aTime shall be deemed of
non-payment under the legal doctrine of laches as Y
the essence with respect to the timely submission of invoices under this Agreement.
Page 22 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement,
the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
l salaries and wages
B.2.4. [�] Time and Material Fees: Direct Labor Costs mean the onnel with arespect to this Agreement,
premium and incentive) paid to CONSULTANT's pets
including all indirect payroll related costs and fringe benefits, ulelB accordance with and not
excess of the rates set forth in the Attachment 1 to this Sc
Application for Payment, CONSULTANT shall submit detailed time records, and any other
Labor
documentation reasonably required by the COUNTY, regarding b Nh LTA NTY.Direct shall
Costs incurred at the time of billing, to be reviewed and approved
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
fee and Re mbursable Expenses based
COUNTY agrees to pay CONSULTANT a negotiated total
on the services to be provided and as set forth in the Amendment
specified h nriAttachmentd1 dto' the
Services. The negotiated fee shall be based upon the r 1 comply with he provision of Section 8.3.4.1
Schedule B and all Reimbursable Expenses
on Add t onlal Services without OUNTY's prior written
below. There shall be no overtime pay
approval.
n no event may CONSULTANT's
B.2.4.2. Notwithstanding anything herein to the contrary, determined by multiplying he applicable
monthly billings, on a cumulative basis, exceed the sum
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
titute the ump
B.2.5. [] Lump Sum Fees: The fees noted in of the SeOrder hrvilces.nsCONSULTANT shall
amount to be paid to CONSULTANT for the performance
submit to the COUNTY as part of its monthly invoice a progress ep rt the Services es status,
zed
terms of the total work effort estimated to be required forthcompletion
under the Work Order and any then -authorized Additio ort shall�show all Service ces, as of the atems and the
subject monthly billing cycle. Among other things, the rep
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
le 2 of the Agreement, the COUNTY
B.2.6. For Additional Services provided pursuant al fee andlcRe Reimbursable e Expenses based on the
agrees to pay CONSULTANT a negotiate
services to be provided and as set forth in the Amendment
specified inhAttachment orizing such 1 tdth snSchedule B
The negotiated fee shall be based upon the rates
and all Reimbursable Expenses shall comply with the provisions
COUNTY's np3ioewritten approval•
be no overtime pay on Services or Additional Services without
B.2.7. Unless specific rates have been established in Attachment
, attaches t o tht ii beISchedule by
CONSULTANT agrees that, with respect to any subconsult nt or
CONSULTANT for a particular Work Order or Additional Services,
expensesNU TANTat dshall
w l such
imited
to a maximum markup of five percent (5%) on the fees
subconsultants and subcontractors.
dar
B.2.8. The CONSULTANT agrees to furnish to the CO hat es for ethe Services performede end of each and
month, or as specified in the Work Order, statement
ge 23 ent of g
of PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time , incurred
and/or pad by CONSULTANT during
reimbursable expenses ar any the COUNTY authorized
s herein below defined, incur such
that time period. The monthly statement shall be in such
hsform dingnanythi pg hereintothe
documentation as may be required by the COUNTY invoice per month for both Basic
contrary, the CONSULTANT shall submit no more than one (1) '
Services and Additional Services. Invoices shall measoanneably sub u by the COUNTY. identify the
services rendered and must be submitted in a form an
B.2.9. Invoices not properly prepared (mathematical errors,
billing
Infvofce 9 hall be submi ted
ctual work done,
no signature, etc.) shall be returned to CONSULTANT for correction.
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
es
B.2.10. Notwithstanding anything in the Agreement to the rnents for Sery ces performed underontrary, CNSULTANT dghis
and agrees that in the event of a dispute concerning p yred of it unr
Agreement, CONSULTANT shall continue to perform the Services
d spui e provided hat this
Agreement, as directed by the COUNTY, pending resolution
of COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT
s defined
in a detailed 2 hi rei ce with h
ove
and for reimbursable expenses will be made monthly p presentation
supporting documentation.
8.3.2. The CONSULTANT shall obtain the prior writtensent such oapproval valof thno expenses beforeUNTY ncurredr'bg
any ULTANTbwill bele pdeemed to be aenses, and breimbursable expense.
CONSUL
B.3.3. The COUNTY agrees to reimburse CONSULTANTfor
lnectionswith CONSULTANT's
sary and reasonable
reimbursable expenses incurred or paid by CONSULTANT incon
ent
performance of the Services, at its direct cost with no markup;
to
olthe ext , F S cor as bet fforth n
is permitted in the Work Order anursement
d accordance with
expenses shall be invoiced for the expenditures incurred by the
this Agreement. Reimbursable
CONSULTANT as stated below.
uments
escribed
5.3.3.1. Cost for reproducing documents that rocs andeSpecifications number of din udingddupli ate
in this Agreement and postage and handling of Drawing
TY's review and approval.
sets at the completion of each Work Order for the COUN
5.3.3.2. Travel expenses reasonably and necessarily
UNTYincurred
ch expensesctiftapproved
Project
related trips, to the extent such trips are approved by the
by the COUNTY, may include coach airfare, standard ommodaapproved by the COUNTYalmay
l in
accordance with Section 112.061, F.S. Further, such expenses,
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
Page 24 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay aIIoverhead and ther theeperformancec opt the
for
authorized reimbursable expenses, incurred y CONSULTANT n
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
Page 25 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
i me
Principal
Senior Pro'ect M
Project Mana
Senior Engin
En ineer
Senior Ins e,
Inspect
Senior Plani
Planner
Senior Desic
Design
Environmental S
Senior Environment',
Scientist/Geo
Senior Scientist/(
Marine Biolo ist/H c
Senior Marine Biolo ist�
Senior GIS S
GIS Specie
Clerical/Admini
Senior Techr
Technicie
Surveyor and I
CADD Techr
Survey Crew -
Survey Crew
Survey Crew
Senior Arcr
Architec
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed
pth i bthethe
Work Order agreed uponwriting,
by the p rtiesproject by project
basis, as needed, and will be set for
OR Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
Page 26 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10)' calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insuranceny or shall nonopanies way be codnstruededecision to be a wa� er of
the
COUNTY to purchase such insurance coverages
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement,
the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal terminate lthe Agreemelnbfordcause� a material
COUNTY may breach by CONSULTANT and the Y
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? 0 Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
loyees
CONSULTANT during the term h the lawis grof the State of Florida. reement for all aThe mog ndtsiof such insurance
e work under
this
Agreement in accordance with
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 _for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman the and
HaRequired Harbor
Workethis r's t coverage shall Yes ❑ be maintained
where applicable to the completion
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes FE] No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? 0 Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage tscanddng Completed Completed Opeeatioinssand Products coverage shallbnd
e
Completed Operations Coverage.
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes P No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes * No
17, AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? P Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes 0 No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes F No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? on Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants` Competitive Negotiation Act, Section 287.055; Florida
Statutes, Stantec Consulting Services Inc. (company's name)
hereby certifies that wages; rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement
concerning "Professional Services Library - Structural Engineering Category"
project is accurate, complete and current as of the time of contracting.
BY:
TITLE:
DATE:
Page 32 of 33
PSA Fixed Terul Continuing Contract 2017.009 Ver.2 _
Other:
SCHEDULE E
Federal Contract Provisions (FEMA & FHWA)
(Description)
FW following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
0
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
a
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
ent. (4) The bidder or proposer
suspension and/or debarmagrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid arid throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
e (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
Equal Employment Opportunity Claus
rally assisted construction contract' in 41 C.F.R. § 60-1.3 must include the
contracts that meet the definition of "fede
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
...)
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
this requirement is available ilable at EPA's Comprehensive Procurement Guidelines web site,
httos://www.epa.gov/smm/comprehensive-procurement-guideline-Cpg-pro gram,
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
dCounty, as the ocumentation, and othelor State r reporting ingordtergagency may to satisfy reportingguirerequirements to the
granting agency main information,
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
i
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
tmay be entered into by the he U S. Department of Transpoes rtation, on, anyth ng to theo with regard contrary othe
t ary n this Ag eem ntperformed
notwithstanding. thout the approval of
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2, cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Departmentof Transportation regulations at49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
r implied condition in connection with obtaining or carrying
by the Local Agency, directly or indirectly as an express o
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Federal -Aid funds, and is subject o applicable State and Federal in {ion L Laws,th both 'crim nal and act coiling participation of
Feder
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
n accordance with the Federal cost principles will be performed for services
T. A determination of allowable costs i
rendered under the contract.
U. Disadvantaged
solicitations and contracts as defined ) d the id opportunity
approved DBE program.
26):
Contractor shall comply with
applicable
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
curr tly has an overall 12rogramgoal of 10.65% goa.1 it must achieve.
FCP-7
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
extent permitted by law, the Agency's contractor shall indemnify and hold harmless _the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
g Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) LB — I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
FICE
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company, In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https //www3 dot state fl us/EgualOpportunityCompliance/Account aspx/Logln?ReturnUrl=%2fEgualOppoi
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.Mus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifabie statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates 'a status. Contractor means an entity that receives a contract.
Stantec Consulting Services Inc.
THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
IINORITY OR WOMEN BUSINESS ENTERPRISE
)BE/M$E/WBEI? OR HAVE A SMALL DISADVANTAGED
USINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
DMINISTRATION? ORA SERVICE DISABLED VETERAN?
i THIS SUBMISSION A REVISION? Y N
11-2167170
VETERAN?
Y
(aJY f
DBE?
Y
MBE?
Y
WBE?
Y
SOB 80
Y
IF YES, REVISION
THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION ? Y N
CONSULTATION? Y N
OTHER? Y N
DBE, MBE, WBE I SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE ( SUB/SUPPLIER I PERCENT OF CONTRACT
VET, SMB8A
NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
TOTA
NAME OF SUBMITTER DATE TITLE
Tim Hancock, AICP 7/29/19 Principal
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
tim.hancock@stantec,com 239.649.4040
239.643.5716
NOTE; This Information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Part 2
O- WRl.'�%CI >r�
Tk
Nak
r _C �u Cot ct D-F
A g C D E F
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Totai Women Men Total
Black Americam $ - $ $ _
Hispanic American: $ - $ - $ _
Native American: $ - $ $
Asian Pacific American: $ - $ - $ -
SubcontinentAsianAmerican: $ $ $ _ -
Non Minorit : $ - $ - $ _
Total
_ ..�
K)M >_
NAME OF 5UBMITTER Stantec Consulting Services Inc. DATE 7/29/19
Tim Hancock, AICP
Printed Name Signature
Ys-
M.
DATE
ACCEPTED BY:
Printed Name Signature
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.30
TRUTH IN NEGOTIATION CERTIFICATION PROCURE 05/14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Stantec Consulting. Services Inc.
N o onsultan
By:
7/29/19
Date
375-030-32
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 11115
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultan�Diaz,
ctor: Stantec ultin Services c.
By: Fermin A.E ,
Date:7/29/19
Title: Vice President
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to otherdies available
esablcluding suspension and/or t, t e enpartment, or agency with which this transaction originated
may pursue available
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in f those rearts ulat o� s,"First Tier Coved 1200, you aed Transactiony contact the s" refers toson to hich anythis coveredosal
is submitted for assistance in obtaining a copy 9
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds
transaction withha First Tier Participant ora
aother Lower Tier Participants pants (suchsninto a
assubcont subcontractors and suppliers).
sy participant who has )
covered
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier.covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epis.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
t olot
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement,
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered Into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: Stantec Consulting Services Inc.
By: Fermin A. Diaz, PE
Authorized Signature:
Title: Vice President `✓
7/29/19
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37"30-34
DISCLOSURE OF LOBBYING ACTIVITIES PRocuREMENT
0?Jt6
Is this form applicable to your firm?
YES ❑ NO rA
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
a, contract
b. grant
c, cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
® Prime ❑ Subawardee
Tier , if known:
Stantec Consulting Services Inc.
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
5801 Pelican Bay Blvd., Suite 300
Congressional District, if known:
Navies Florida 34109
Conqressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Mn:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, Mn:
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This Information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure,
Signature:
Print Name:
Title: fevc, I>60 r
Telephone No Z3•M .4040 Date (mm/dd/yyyy)i_7k9JL5
Federal Use Oni :
Y
Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
375-030.34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient, Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing Instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
Z
37S -030 -SO
_. PROCUREMENT
- - - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OGC-03/17
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
Advertisement Nod Description
Solicitation No
18 -7432 -ST Professional Services Library: Structural Engineering Category
Financial Project Number(s)
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS 1 EMPLOYEES
TECHNICAL REVIEW 1 AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT 1 CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER I
CONSULTANT ! CONTRACTOR /TECHNICALADD
VISORS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates, I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112,317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
ME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUROGC E 3/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
06C - 3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334,193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOGCEME
3/17
SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37S.030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OEC -03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Contlict of Interest/contiaenuanty uerancaaon.
(continued on next page)
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law,
agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO CRE 3/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety,
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"), I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates, I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law,
agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Professional Services Library: Structural Engineering Category
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Signatur Date
Fermin A. Diaz, PE
7/29/19
Tim Hancock, AICP 7/29/19
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
Contract # 18 -7432 -ST
for
"Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Kisinger Campo & Associates, Corp
authorized to do business in the State of Florida, whose business address is
201 North Franklin Street, Suite 400, Tampa, FL 33602 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
0 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
FNI WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Paul Wingard, PE, LEED AP, CGC a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
Page 4 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with
shall have rtherd screthoneto
in
shall constitute a breach of this Agreement and the COUNTY
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or
items
whethea or notrthe COUNTY deficiencies
obtaidnedcsubsti ute
y related
to the CONSULTANT's non-performance
performance.
Page 5 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
Page 6 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
Page 7 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such otime as the to reasonably establish resumes performance of its to the COUNTY's satisfaction the
ions
hereunder in such a manners Y
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one (1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, °designee, Bement teapll lrior tot e end of the Agreementve the CNSULTANT written m then
ice of the
COUNTY's intention to extendthe Agreement m
in effect.
Page 8 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. 0 Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
Page 9 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documenntsavailable
COUNTYreview and information to various
third parties and hereby consents to such usey the
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County,
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY he COUNTY'sud s�retiotnntheyt or sarecassignable torther, all such
COUNTY
contracts shall provide that, a
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
Page 12 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
Page 13 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ment, incling those
ed in
and described in this sAogroe rider its coundt of arising out of orbrelating torthiseAgreemaaentoe
in
CONSULTANT's posses any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Service performed
Torr Servicesthrough not performed ordate, but any othernno event
damages
shall CONSULTANT be entitled paymentto
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission,
of this ntage,Agreemf or any other Agreement or any subsequentation Work Orderent upon
or resulting from the award o g
13.2. [/� CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Vec2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the ProcurementdOrsmount, theamended,
Work Orderand
shalt be modified to reflect changes
that exceed an existing Work Order
increase prior to any related Services being performed.
15.3. All duly executed modifications
Work
and made a(including
of thisall
Agreement byfrefelrence r
Changes thereto) are hereby incorporated i o
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Na les Florida 34112-4901
Administrative Agent/PM: 239 n Colon
Telephone: 239 252-2667
Telephone:
Evelyn ColonPcolliercountyfl.gE-Maiov
Page 15 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Kisinqer Campo & Associates, Corp.
Address: 201 North Franklin Street Suite 400
Tama FL 33602
Authorized Agent: Thomas Shaw SVP
Attention Name &Title: Paul Wingard
Telephone: (813) 871 5331 / (239) 278-5999
E-Mail(s): Jason LabarberaCa kisingercampo.com
Paul Wingard kisingercampo.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing
COUNTY,
of theshall
highes�t uste bonfidete thest tncesaats nd faof e
CCOUNTY and assume towards the COUNTY a duty
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
be
17.4. Waivers by either party of a breach of any provision and shall I not be construefd to be a modification this Agreement loftthe tdeemed
terms of
to be a waiver of any other breach
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandderstanwritten
or oral, shall have relating
forche oraeter set forth ffect whatever ein, and
on this
any such prior agreements or understanding
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
Page 16 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER
Schedule B RATE SCHEDULE
Schedule C INSURANCE
Schedule D CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation # 18-7432- ST including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. MR Grant Funded Projects: In the
any
Boardapproconflict
between
ved Executive Summary, the
ong the terms of
any of the Contract Documents and/or the COUNTY's
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (■) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. 0 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
Page 17 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ch
UNTY
nes
shall be adjusted to exclude any
rrleteyor nloncurerenOt wage ratesranld otheefactual un t costswas
increased due to inaccurate, incomp
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the'State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and as either may bect of 1986 ame amended. Failure bys located he CONSULTANT to
and regulations relating thereto,Y
Page 18 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
Page 19 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST. BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Crystal K. Kinzel, Clerk of Court &
Comptroller
By: By:
Date: Burt L. Saunders Chairman
Approved as to Form and Legality.-
County
egality:
County Attorney
Name
Consultant:
Consultant's Witnesses: Kisinger Campo & Associates, Corp.
Q
Witness
Kimbbedy Baker (Contra cj�_ ci�list)
Name a Title
R IL dott (C )
Name and Title
By:
Paul G. Foley, P.E. (CEO I President)
Name and Title
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): []Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
Task I $
Task II $
Task III $
TOTAL FEE
PREPARED BY: Date
Name and Title
APPROVED BY: Date
(Dept Name) ,Division Director
APPROVED BY: Date
type name, Department Head
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
Page 21 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to Order. contemplated
CONSULTANT shall promptly supply performed bh
CONSULTANT under the proposed Work
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shalt not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services
the COUNTONSULTANT without a Y shall have no liability for stuch
ten
Work Order shall be at CONSULTANT's n risk a
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
e Work
B.2.1. Payments for Basic Services and Additional
Basic Services as CONSULTANT'sset forth herein or invoice approvedhby the
Order shall be made upon presentation of the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
Page 22 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ent, the
B.2.3. For the Services providedCONSULTANT's DirCOUNTY ect LaborCss and Re mbursable Expenses
to CONSULTANT based upon
or as a Lump Sum.
B.2.4. Ful Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
13.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. 0 Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
Page 23 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. invoices hlbreasonably identify
the
services rendered and must be submitted in form and mannerequi ed by the COUNTY
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANTPfor urchasecOrderinvoices N tuber andlbe Projecbt mitted name
on CONSULTANT's letterhead and mus include the
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance shallbethe expenditures incurredorth by the
in
this Agreement. Reimbursable expenseshall be invoiced
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
Page 25 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
136
$136$117
Engineer
$
Senior Inspector
$ 96
Inspector
$166 4
Senior Planner
$130
Planner
$128
Senior Designer
$109
Designer
$120
Environmental Specialist
$156
Senior Environmental Specialist
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro Bolo ist
$133
$169
Senior Marine Biolo ist/H dro eolo ist
$149
Senior GIS Specialist
$114
GIS Specialist
$ 73
Clerical/Administrative
Senior Technician
$102
Technician
$ 83
Surveyor and Mapper
$ 4
$ 95
CADD Technician
$155 2
SurveyCrew - 2 man
$185
SurveyCrew - 3 man
$218
SurveyCrew - 4 man
$177
Senior Architect
$148
Architect
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
0 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
Page 26 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs teroCOUNTY andamount
CONSUOLTANT AThe COUNTY
NT under this
Agreement or any other agreement between
h
shall be under no obligation to purchase sucannsouracompan esnce, nor hused.it beThe decision fof the
coverages purchased or the insurance company
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
g. If the initial, or any subsequently issue�ddCertificate minationraof Insuranceexpires
pAgreement� the
the
completion of the services required hereunder
CONSULTANT shall furnish to the COUNTY, in tripei� the renewal of the pot cy(ies) Fate, renewal or replacement liluaeeof the
Insurance not later than three (3) business days of
Contractor to provide the COUNTY with such re terminate l certificate(s)
Agreement deemfored a material
breach by CONSULTANT and the COUNTY may
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Fol Yes ❑ No
intained by
Workers' Compensation and Employers' Li ebitity Insurance for all emptoyeesaeingaged be an the work undee
CONSULTANT during the term of this Agreem
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 _for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes M No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes F01 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? an Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Com
Completed
Operations coverage shall
Oand Products pnd
erations
Completed Operations Coverage. Products p
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 21000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
16, Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes n No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? FNJ Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes 0 No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes [] No
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
Per Occurrence.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? n Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Kisi ng er Cam o & Associates Cor (company's name)
hereby certifies that wages, rates and other factual unit casts supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Libra - Structural En ineerin Cate o 11
project is accurate, complete and current as of the time of contracting.
BY:
TITLE: CEO / President
DATE: March 11, 2
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver,2
SCHEDULE E
Other:
Federal Contract Provisions (FEMA & FHWA)
(Description)
0 following this page (pages 1 through 32)
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and(iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
The contractor ond also a clause r subcontractor shall insert in any subcontracts the clauses set forth in
(4) Subcontracts. Threquiring the subcontractors to include these clauses in any
paragraph (1) through (4) e this section a
sponsible for compliance by any subcontractor or lower tier
lower tier subcontracts. The prime contractor shall be re
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, asap_ pr__ _ o__ _.priate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
ll. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https //www epa gov/smm/comprehensive-procurement-guideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes, The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because
ofFederal discriminationoFederal-aid
programs bas s of
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C. F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Paripation by
from 49 CFR 26.13(b). This Disadvantaged statement ntshall be incness lagreerises: The Consultant shall following
included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction' as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
1
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall programgoal of 10.65% goal it must achieve.
FCP-7
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not sbmit bids on
ic
contractor, supplileases property
er, sub ontractor, or con ultannt under a conlentity,
act withany public entiawarded entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes,
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
extent permitted by law, the Agency's contractor shall indemnify and hold harmless _the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, director indirect, in this contractor the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Paize Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
g Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) I3 — I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
EQUAL OPPORTUNITY OFFICE
DBE BID PACKAGE INFORMATION 0/17
Page 1
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. Durin the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3.dot.state.fl.us/EgualOpportunityCom liance/Accountaspx/Logln?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
EQUAL OPPORTUNITY OFFICE
DBE BID PACKAGE INFORMATION 10/17
Page 2 of 2
DBE/AA Pians
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officer� for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
• Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
• Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
• Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fLus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
r�
Collier County
Solicitation 18 -7432 -ST
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
A. VENDOWRIME CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER
CONTRACT DOLLAR AMOUNT
Kisinger Campo & Associates, Corp. 59-1677145
N/A
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED, VETERAN? Y ® IS
THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y Q
CONSTRUCTION ? Y Q
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED MBE? Y Q
CONSULTATION? 0N
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
Y ®
OTHER? 0 N
ADMINISTRATION? ORA SERVICE DISABLED VETERAN? WBE?
SDB 8A? Y Q
IS THIS SUBMISSION A REVISION? Y N JIF YES, REVISION NUMBER
OR SUPPLIER WHO ISA DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL
B. IF PRIME HAS SUBCONTRACTOR
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE, MBE, WBE
SUBCONTRACTOR OR SUPPLIER
TYPE OF WORK OR
ETHNICITY CODE
SUB/SUPPLIER
PERCENT OF CONTRACT
VET, SMBBA
NAME
SPECIALTY
(See Below)
DOLLAR AMOUNT
DOLLARS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
TOTALS:
N/A
N/A
C. SECTION': TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR',`
NAME OF SUBMITTER
DATE
TITLE OF SUBMITTER
Thomas Shaw, PE
July 29, 2019
Sr. Vice President/Director of Production
EMAIL ADDRESS OF PRIME (SUBMITTER)
TELEPHONE NUMBER
FAX NUMBER
tom/shaw@kisingercampo.com
813.871.5331
813.871.5135
NOTE: This Information Is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. if and when awarded a County contract, the prime will be asked to update the information for the grant compliance files,
Black American BA
Hispanic American HA
Native American NA
Subcont, Aslan American SAA
Asian -Pacific American APA
Non-Mlnorlty Women NMW
Other: not of any other group listed 1 0
D. SECTION
TO BE COMPLETED, BY COLLIER
COUNTY
DEPARTMENT NAME
COLLIER CONTRACT it (IFB/RFP or PO/REQ)
GRANT PROGRAM/CONTRACT
DATE
ACCEPTED BY:
6/28/2019 2:43 PM
p. 28
Colllar County
Solicitation 18-7432ST
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05/14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement,
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Kisinger Campo & Associates, Corp.
Name of Consultant
By. July 29, 2019
Date
Thomas Shaw, �,r.
Vice President/Director of Production
6/28/2019 2:43 PM p. 30
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCURE 11/1S
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Na
M
Date
Title: Sr. Vice President/Director of Production
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls,gov/), which is compiled by the General Services Administration,
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
-A p. 31
6/28/2019 2:43 PM
Collier County
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
Solicitation 18 -7432 -ST
375-030-33
PROCUREMENT
10101
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: Kisinger Campo & Associates, Corp.
By: Thomas Shaw, PE
Authorized Signature:
Title: Sr. Vice Presi
of Flroduction
Date: July 29, 2019
P. 32
6128/2019 2:43 PM Ft
Is this form applicable to your firm?
YES ❑ NO
If no, then please complete section 4
below for "Prime"
Collier County
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISCLOSURE OF LOBBYING ACTIVITIES
N/A
Solicitation 18 -7432 -ST
375-030-34
PROCUREMENT
02M6
1. Type of Federal Action:
a. contract
b. grant
c, cooperative agreement
d. loan
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: —Quarter:
e. loan guarantee
report:
Date of lastt:
f. loan insurance
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
® Prime ❑ Subawardee
Address of Prime:
Tier , if known:
Kisinger Campo & Associates, Corp.
201 N. Franklin Street, Suite 400
Congressional District, if known:
Tampa FL 33602
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Ml):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352, This disclosure of lobbying activities is a
Signature:
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352,
Print Name: Thoma S w, PE
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Title: Sr. Vice President/Director of Production
Telephone No.: 813.871.5331 Date (mm/dd/yyyy); 07/29/2019
Federal Use Only:
LocalAuthorized for
Standa d FormLLLtion
(Rev. 7-97
6/28/2019 2:43 PM ., ..e p. 33
Collier County
N/A
Solicitation 18 -7432 -ST
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action,
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5, If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number,
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No, 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
6/28/2019 2:43 PM
j p.34
Collier County Solicitation 18 -7432 -ST
375.030-50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
Advertisement No./ Description
Solicitation No
VERSIONS
Financial Project Number(s)
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS /EMPLOYEES I
TECHNICAL REVIEW/AWARDS COMMITTEE FOR LOW BID PROJECTS I
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR /TECHNICAL ADVISORS
6/28/2019 2:43 PM
Loa
a,i
NZ
M
p.35
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description
Solicitation No
Printed Names
Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Signatures
Date
36
6/28/2019 2:43 PM P.
Advertisement No]
Solicitation No
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO CRE 3/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Description Financial Project Number(s)
—a-. rm
Technical Review Committee Members:
(Continued)
Printed Names Signatures Date
N/A
DOT Technical Advisors:
Printed Names Signatures Date
-31
6/28/2019 2:43 PM ¢ p- 37
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTERESUCONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC- 3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Selection Committee Members:
Date;
Printed Names Signatures
NIA
6/28/2019 2:43 PM p. 38
Advertisement No./
Solicitation No
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.030-50
CONFLICT OF INTERESUCONFIDENTIALITY CERTIFICATION PROOGGC-3-3/17/17
SELECTION COMMITTEE
Additional Page
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Selection Committee Members:
Printed Names Signatures
6/28/2019 2:43 PM p. 39
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of InteresUConfidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112,317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Signatures
Date
p. 40
6/28/2019 2:43 PM
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
MA
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
p. 41
6/28/2019 2:43 PM_'
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OCC -03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Printed Names
6/28/2019 2:43 PM
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Signatures
Date
p.42
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA OEPARTMENTOP TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC- 03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
p. 43
6/28/2019 2:43 PM
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OAC -03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
6/28/2019 2:43 PM
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Signatures
Date
p. 44
Collier Count Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
FOR CONSULTANTICONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names Signatures Date
6/28/2019 2:43 PM
p. 45
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
AI / A
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Signatu a Date
-------
Thomas Shaw Jul, Senior Vice President -��'�� Y 29, 2019
6/28/2019 2:43 PM
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
i
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Printed Names Signatures Date
NIA
6/28/2019 2:43 PM p. 47
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
R CCNA ❑
Contract # 18 -7432 -ST
for
" Professional Services Library -Structural Engineering Category
„
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Bridging Solutions, LLC
authorized to do business in the State of Florida, whose business address is
15863 Secoya Reserve Circle, Naples, FL 34109 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
*WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
0 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Ralph Verrastro, P.E. a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
Page 4 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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G)
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one —( 1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. Fil Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelvn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelvn Colon ancolliercountyfl.gov
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16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Bridging Solutions, LLC
Address: 15863 Secoya Reserve Circle
Naples, FL 34109
Authorized Agent:
Attention Name & Title:
Telephone:
E-Mail(s):
Ralph Verrastro, Principal
(239) 216-1370
ralph(a bridging -solutions com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. Al Grant Funded Proiects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (■) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. FN-] At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
Page 18 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
M
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
IL�
Witness
Name an Title —�
. �1 s
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Burt L. Saunders , Chairman
Consultant:
Bridging Solutions, LLC
Y. \je 04
Name a d Title
Page 20 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
i
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Task I $
Task II $
Task III $
TOTAL FEE
Name and Title
(Dept Name) , Division Director
type name, Department Head
Date
Date
Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed,
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of teaming of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer
Date
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.I.I. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. Di Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
13.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. FM� Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY,
month, or as specified in the Work Order, statement of charges
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
after the end of each calendar
for the Services performed and
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
=Mfr
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly,Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer.
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro Bolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
OR Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? FO -1 Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1 000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes n No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes 0 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? O Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? 0 Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes W No
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PSA Fixed Term Continuing Contract 20t7.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes n No
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
Per Occurrence.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? n Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Terni Continuing Contract 2017.009 Ver.2
Rthis schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Bridging Solutions LLC (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Library- Structural Engineering Category "
project is accurate, complete and current as of the time of contracting.
BY:
TITLE:�lrtc.i Aa
DATE:
T'T
Page 32 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Vec2
r AC)
SCHEDULE E
Other: Federal Contract Provisions (FEMA & FHWA)
(Description)
[—M] following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
j
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www epa gov/smm/comprehensive-procurement-quideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law, Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
1
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
extent permitted by law, the Agency's contractor shall indemnify and hold harmless -the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and I1
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
g Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) I.B —1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
ICE
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/ .
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https•//www3 dot state fl us/EqualOpportunityComp]iance/Account aspx/LogIn?ReturnUri=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
FICE
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company, I s name in the t` 1
It
_' space; next to Date' print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.Mus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
PRIME NAME
PRIME FEID NUMBER
_Black
Hispanic American merican
CONTRACT DOLLAR AMOUNT
Bridging Solutions, LLC
22-3945570
Subcont, Asian American
SAA
TBD
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
VETERAN?
Y
r -N-1
IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE?
Y
CONSTRUCTION ? Y
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
MBE?
Y
FN�
CONSULTATION? ® N
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
ADMINISTRATION? ORA SERVICE DISABLED VETERAN?
WBE?
Y
®
OTHER? Y
SDB 8A?
Y
❑N
IS THIS SUBMISSION A REVISION? Y N
JIF YES, REVISION NUMBER
D E I SUBCONTRACTOR OR SUPPLIER I TYPE AOR ETHNICITY wEIVETSMA AM SCLTY DOLLAR AMOUNT
TOT
PERCENT OF CONTRACT
DOLLARS
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
Ralph Verrastro 7/22/2019 Principal
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
ralph@bridging-solutions.com 239-216-1370 813-315-6778
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
American
BA
_Black
Hispanic American merican
HA
Native American
NA
Subcont, Asian American
SAA
Asian -Pacific American
APA
Non -Minority Womenj
NMW
Other: not of any other group listedl
O
NAME I COLLIER CONTRACT-# (IFB/RFP or PO/REQ) I GRANT
ACCEPTED BY: DATE
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Part 2
r
Prime A -C Sub Contractor D-
A I B C D I E F
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women Men Total
Black American: $ $ $ -
Hispanic American: $ - $ - $ -
Native American: $ $ $ - -
Asian Pacific American: $ - $ - $ '
Subcontinent Asian American: $ $ $ -
Non Minority: $ $ - $ -
Total $ 0 - $ IS U 0 - 0 0
' C SECTIO
a �,..n... N TO BE CC1M�'LET�D BY PR1M,E VENDOR/C0111TRACTOR . . , , �_ ...�
NAME OF SUBMITTER DATE
j 7/22/2019
Ralph Verrastro
Printed Name Signature
EggSECTIC�RCTO BE GCPI.ETED Bl( CCILIER COI�NTY
ACCEPTED BY: DATE
Printed Name Signature
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREM05N4
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Bridging Solutions, LLC
Name of Consultant
:
BY
7/22/2019
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMINS
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor:
By:
Date
Title:
Ralph Verrastro
7/22/2019
Principal
Bridging Solutions, LLC
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded, as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f, The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
toio1
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement; the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: Bridging Solutions, LLC
By: Ralph Verrastro Date: 7/22/2019
Authorized Signature: t"
Title: Principal
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREM02N6
Is this form applicable to your firm?
YES ❑ NO X1
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
[q Prime ❑ Subawardee
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
Tier , if known:
Bridging Solutions, UEC —
15863 Secova Reserve Circle
Congressional District, if known:
Naples, FL 34110
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Mn:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31^
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
Signature:
Print Name: Ralph Verrastro
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Principal
Title: p
Telephone No.: 239-216-1370 Date (mm/dd/yyyy): 07/22/2019
Authorized for Local Reproduction
Federal Use Only:
Standard Form LLL Rev. 7-97
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
375-030-50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
Advertisement No./
Solicitation No
#18 -7432 -ST
Description
Structural Engineering
VERSIONS
Financial Project Number(s)
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS I
n
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES �1
n
TECHNICAL REVIEW / AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER r,
'ECHNICAL ADVISORS
I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
#18 -7432 -ST Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OCC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities. seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./
Solicitation No
#18 -7432 -ST
Date:
Description Financial Project Number(s)
Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
#18 -7432 -ST
Printed Names
Ralph Verrastro
Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Signatures Date
TZyju-AJJ 7/22/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCREOM/N7
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel'). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Departments Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
#18 -7432 -ST Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
7/22/2819
Ralph Verrastro ��s2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/ll
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
0 CCNA ❑ 4A
Contract # 18 -7432 -ST
for
"Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
HighSpans Engineering, Inc.
authorized to do business in the State of Florida, whose business address is
2121 McGregor Blvd, Suite 200, Fort Myers, FL 33901 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
FN_1 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
0 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Vincent Zaliauskas, PE a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14, The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order, Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one ,( 1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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PSA Fixed Term Continuing Contract 20t7.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. ❑E Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn. Colonacolliercountyfl.gov
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16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: HighSpans Engineering, Inc.
Address: 2121 McGregor Blvd, Suite 200
Fort Myers FL 33901
Authorized Agent: Michelle Buchholz, SVP & CEO
Attention Name & Title: Vincent A. Zaliauskas, PE, SECB
Telephone: (239) 433-3000 / (239) 443-7010
E-Mail(s): SbuchholzAhighspans.com / VinceZRhighspans.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. F01 Grant Funded Proiects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (■) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. 0 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
Bonnie D'Angelo HEI Marketing Coord.
Name and Title
Witness
Gindrutis Zaliauskas Contracts Analyst
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Burt L. Saunders . Chairman
Consultant:
Name and Title
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.;+ 0
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: , 20,
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Task I
Task 1I
Task III
TOTAL FEE
Name and Title
Date
(Dept Name) , Division Director Date
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
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SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a. Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. FK Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. FK Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
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N
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
8.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate,
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
❑E Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? FE -1 Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes IWE No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑E No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? 0 Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes FNJ No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? 0 Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes n No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes F No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? FE -1 Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, HighSpans Engineering, Inc (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Library- Structural Engineering Category"
project is accurate, complete and current as of the time of contracting.
BY:
TITLE:
DATE:
SVP
March 12, 2020
Page 32 of 33
FSA Fixed Term Continuing Contract 2017.009 Ver.2
Other:
SCHEDULE E
Federal Contract Provisions (FEMA & FHWA)
(Description)
FE] following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
Il. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www epagov/smm/comprehensive-procurement-guideline-cog-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfairtreatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and II I of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) I.B — 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https•//www3 dot state fl us/Egua10pportunityCompliance/Account aspx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF' 117
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
Collier County
Solicitation 18 -7432 -ST
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract,
PRIME NAME
PRIME FEID NUMBER
Hispanic American
CONTRACT DOLLAR AMOUNT
HighSpans Engineering, Inc.
77-0681624
Subcont, Aslan American
w 'Cj
w0j OVO
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
VETERAN? Y
N
IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE?
N
CONSTRUCTION ?
Y N
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
CONSULTATION?
N
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
MBE? Y
ADMINISTRATION? OR A SERVICE DISABLED VETERAN?
WBE? Y
OTHER?
Y N
SDB 8A? Y
N
IS THIS SUBMISSION A REVISION? Y N
JIF YES, REVISION NUMBER
DBE,
VET, MBgABE I SUBCONTRACTOR� R SUPPLIER I TMPE OF WORK SPECIALTY OR I ETHNICITY Below) E I DOLLAR AMOUNT I PERCENT
DOLLARS CONTRACT I
NAME OF SUBMITTER I DATE I TITLE OF SUBMITTER
e11- 1 7/29/2019 1 SVP & CFO
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMMA rAA IVUIYIGCn
SBuchholz@HighSpans.com 239-433-3000 888-449-2462
NOTE: This Information is used to track and report anticipated DBE or MBE participation In federally -funded contracts. The anticipated DBE or
MBE amount Is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. if and when awarded a County contract, the prime will be asked to update the Information for the grant compliance files.
BlackAmerican -
BA
Hispanic American
HA
Native American
NA
Subcont, Aslan American
SAA
ASian•PacIf)CAmerican
IAPA
Non -Minority Womenj
NMW
Other: not of any other group listed
"o
COLLIER
7/10/2019 8:37 AM
DATE
p. 28
Collier County
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Part 2
DBE AWA
�rlme A -C Sub Contractor D-
A I B C D I E I F
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women Men Total
Black American: $ - $
Hispanic American: $ 'Zil;'/ j - $
Native American: $ - $ $
Asian Pacific American: $ - $ $
Subcontinent Asian American. I $ - I $ $
Non Minoru y:1 $ 'Z'1v - 1 $ $
Total $ - 1 $ 1 $ I L
C. SECTION TO BECOMPLETEDBYPAIMEVEN06-13/tONTRACTOR
NAME OF SUBMITTER DATE 7/29/2019
Michelle Buchholz
Printed Name filignature
D. SECTION TO BE COMPLETED: BY COLLIER COUNTY
ACCEPTED BY: DATE
I
[Printed Name Signature
7/10/2019 8:37 AM
Solicitation iO.7432-ST
o.29
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376.030.30
TRUTH IN NEGOTIATION CERTIFICATION PROCURE06N4
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided In Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and Include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
Increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
;ineering, Inc.
Name of Consultant
By:
7/10/2019 8:37 AM
7/29/2019
Date
p. 30
t
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-03032
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMi/N5
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor Its principals are presently suspended, proposed for debarment, declared
Ineligible, or voluntarily excluded from participation int saransgction by any federal department or agency.
Name of Consultant/Contractor: n I- ally 1—% 1 lu
By:
Date: 7/29/2019 LL
Title: SVP & CFO
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $26,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered Into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, Including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal Is submitted if
at any time the prospective lower tier participant learns that Its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred, "suspended," "Ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended,
declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will Include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$26,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise Ineligible to participate In covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is complied by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause: The knowledge and Information of participant is not required to exceed that
which Is normally possessed by a prudent person In the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these Instructions, if a participant in a covered transaction knowingly
enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
p. 31
7/10/2018 8:37 AM
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-030-33
PROCUREMENT
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES toiot
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to Influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", In accordance with Its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification Is a prerequisite for making or entering Into this
transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: HipliSpans Engineering, Inc.
By: Michelle Buchholz
Authorized Signature: -
Title: SVP & CFO
7/1012019 8:37 AM p. 32
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376.030.34
ENT
DISCLOSURE OF LOBBYING ACTIVITIES PROCURE 02116
Is this form applicable to your firm?
YES ❑ NO DO
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
a. contract
b. grant
c, cooperative agreement
d. loan
e. loan guarantee
f. loan Insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
ort Type:
initial filing
material change
FForMaterial Change Only:
ar: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
® Prime ❑ Subawardee
5. If Reporting Entity In No. 4 Is a Subawardee, Enter Name and
Address of Prime:
Tier , If known:
HighSpans Engineering, Inc.
2121 McGregor Blvd, Suite 200
Congressional District, If known:
Fort Myers, Fi 33901
Congressional District, If known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, If applicable:
8. Federal Action Number, If known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (Including address If
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
Into. This disclosure is required pursuant to 31 U.S.C. 1352,
This Information will be available for public inspection. Any
person who falls to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature:
Print Name: Miche a uchholz
Title: SVP & CFO
Telephone No.: 239-433-3000 Date (mm/dd/yyyy):07/29/2019
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
7/10/2019 8:37 AM
p. 33
Collier County
Solicitation 18.7432 -ST
376.030-34
PROCUREMENT
04114
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
Initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form Is required for each payment or agreement to make payment to any lobbying entity for
Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all Items that apply for both the Initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity Is and/or has been secured to Influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if It Is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime Is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report In item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the applicatlon/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter'the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified In Item 4 to Influence the covered Federal
action.
(b) Enter the full names of the Individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of Information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection Is OMB No. 0348-0046. Public reporting burden for this
collection of information Is estimated to average 10 minutes per response, Including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden
estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
7/10/2019 8:37 AM
p. 34
Collier County Solicitation31803 43D2•ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
Advertisement Nod Description
Solicitation No
7/10/2019 8:37 AM
Financial Project Number(s)
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS I
SELECTION COMMITTEE I
PUBLIC OFFICERS /EMPLOYEES Ii
TECHNICAL REVIEW (AWARDS COMMITTEE FOR LOW BID PROJECTS I
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER (moi
CONSULTANT ! CONTRACTOR I TECHNICAL ADVISORS I
p. 35
Collier County Solicitation 18 -7432 -ST
375-030-50
STATE OF FLORIDA DEPARTMENT O TRANSPORTATION N
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of Interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consuitanVcontractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of Interest. As set forth In Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any Interest, financial or otherwise, direct or indirect; engage In any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations Inherent in public service, These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances In which it could be inferred by a reasonable observer that the benefit was Intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether In the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement information Includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers, and Information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of Interest/Confidentlallty Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable In accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result In disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
7/10/2019 8;37 AM p. 36
Colller County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CURE ENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
3/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description
Solicitation No
Printed Names
Printed Names
7/10/2019 8;37 AM
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Financial Project Number(s)
Date
Date
p. 37
Collier Count Solicitation 18.7432 -ST
STATE OF FLORIDA DEPARTMENTO TRANSPORTATION 375.03050
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
OCC -3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of Interest or a potential conflict of Interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any Interest, financial or otherwise, direct or Indirect; engage In any business transaction or professional
activity; or accept any obligation of any kind which Is in conflict with the proper conduct of their duties in the public Interest.
I recognize that employees are expected to honor the ethical obligations Inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which It could be Inferred by a reasonable observer that the benefit was intended to Influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct Is unethical or lends
Itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all Information not made public by the Florida Department of Transportation ("Department') related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information Includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are In my custody.
agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable In accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result In disciplinary action by the Department..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiallty Certification.
Selection Committee Members:
Date:
Printed Names Signatures
7/10/2019 8:37 AM
p. 38
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION 375.030.50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confidentiallty Certification.
Selection Committee Members:
Printed Names Signatures
7/10/2019 8:37 AM p. 39
Collier County PROCUREMENT y Solicitation 18 -7432 -ST
50
STATE OF FLORIDA DEPARTMENT Or TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION o0C-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract If I have a
conflict of Interest or a potential conflict of Interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any Interest, financial or otherwise, direct or indirect; engage In any business transaction or
professional activity; or accept any obligation of any kind which Is In conflict with the proper conduct of their duties In the public Interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations Inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances In which it could be Inferred by a reasonable observer
that the benefit was Intended to Influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether In the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends Itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all Information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information Includes, but Is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of Interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to sollclt or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result In disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
Michelle Buchholz
7/10/2019 8:37 AM p. 40
Collier County PROC375-030-50
UREMENT Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OOc-03/37
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No,/ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiallty Certification
Printed Names Signatures Date
7/10/2019 8:37 AM P. 41
Collier Counlry Solicitation 18 -7432 -ST
375-030
STATE OF FLORIDA DEPARTMENT O TRANSPORTATION CUREM.NT
OGc-03/17
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION Pno03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of Interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract If I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any Interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is In conflict with the proper conduct of their duties in the public Interest.
I recognize that employees are expected to honor the ethical obligations Inherent In public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and Impartial decisions, and therefore may not accept benefits
of any sort under circumstances In which it could be Inferred by a reasonable observer that the benefit was Intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
Itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entitles seeking an award of the Project ("Proposers"), I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of Interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and Information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of Interest/Confidentiallty Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result In disciplinary action by the Department.
Letting Date:
Contract Number(s):
Printed Names
7/10/2019 8:37 AM
Technical Review/Awards Committee Members:
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confldentlality Certification.
Signatures
Date
p. 42
£F
rr:
Collier County Solicitation 18 -7432 -ST
375-030-50
STATE OF FLORIDA DEPARTMENT O TRANSPORTATION
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s);
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confldentlaiity Certification
Printed Names Signatures
Date
7/10/2019 8,37 AM p. 43
Colller County Solicitation 18-7432-ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.03030
REMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION Pnocuocc-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of Interest, that I have no knowledge of any conflict of Interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract If I have a conflict of
Interest or a potential conflict of Interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances In which It could be Inferred by a reasonable
observer that the benefit was Intended to Influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether In the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct Is unethical or lends itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all Information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, I also understand that Procurement Information Includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of responsefietters of interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings. I also understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of Interest/Confidentlality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage In bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable In accordance with Section 838.22, Florida Statutes.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confldentiality Certification.
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7!1012019 8,37 AM p. A4
Collier County Solicitation 18.7432-ST
STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION 375.030.50
REMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCU OGC -03/17-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
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Printed Names Signatures
7/10/2019 8:37 AM
Financial Project Number(s)
Date
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Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030•SO
ME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRo CRE 3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of Interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of Interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and Impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which It could be Inferred by a reasonable
observer that the benefit was Intended to Influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct Is unethical or lends Itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information"). I understand that Procurement Information Includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information Includes, but Is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of Interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings. I also understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates, I also agree
not to discuss the Project with anyone who Is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of Interest/Confidentiailty Certification which has been
approved by the Department ('Project Personnel'). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are In my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage In bid tampering, pursuant to Section 838,22, Florida Statutes.
I realize that violation of the above mentioned standards could result In the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable In accordance with Section 838.22, Florida Statutes..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Sion tures � - Date � r
ulh l —s—�-
7/10/2019 8;37 AM p• 48
��f
Collier County Solicitation 18 -7432 -ST
30
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION N
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCCUREURE MEENTT
OCC -03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
7/10/2019 8;37 AM p. 47
`s
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
MR CCNA ❑ '
Contract # 18 -7432 -ST
for
"Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of 2020
by and between the
subdivision of the
T.Y. Lin International
Board of County Commissioners for Collier County, Florida, a political
State of Florida (hereinafter referred to as the "COUNTY") and
authorized to do business in the State of Florida, whose business address is
345 California Street, Suite 2300, San Francisco, CA 94104 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
FO -1 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
0 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1. 12. The CONSULTANT designates James Molnar, PE a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
Page 4 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
Page 5 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
Page 6 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
Page 7 of 33
PSA Fixed Term Continuing Contract 20t7.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one (1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
Page 8 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. � Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 20t7.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CCNA Pro]ects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn.Colon(c colliercountyfl.gov
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: T. Y. Lin International
Address: 2400 First Street, Suite 200
Fort Myers, FL 33901
Authorized Agent:
Attention Name & Title:
Telephone:
E-Mail(s):
James Molnar, Vice President
(239) 332-4846
James. Molnar(cr_tylin.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party..
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2 _,,
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18 -7432 -'ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. W Grant Funded Proiects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. R At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve .any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Crystal K. Kinzel, Clerk of Court &
Comptroller
By: By:
Date: Burt L. Saunders Chairman
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
'Solmm t a
Name and Title tidy e,;rtW
■
Witness
K Ytl �Q ►55 i5�nnl
Name and Title
Consultant:
T.Y. Lin International
By:
Atiq AM, Vice President
Name and Title
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2r
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract"
Contract Expiration Date: , 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task Il
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
Task I $
Task II $
Task III $
TOTAL FEE $
Name and Title Date
APPROVED BY:
(Dept Name) , Division Director Date
APPROVED BY:
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Finn agrees to notify the Procurement Director, in writing within 48 hours of teaming of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. Oil Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. ■� Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
Page 23 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer_
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro Bolo ist
$133
Senior Marine Biolo ist/H dro Bolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
FE -1 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt,. of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? FE-� Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes D No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑N No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? n Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes R No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes R No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? R Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes 0 No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes R No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20, UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? FEJ Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23, PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
CHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, T.Y. Lin International (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Library- Structural Engineering Category
project is accurate, complete and current as of the time of contracting.
BY:
TITLE: Atig AM. Yice President
DATE: 2 Z I 6 �
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE E
Other: Federal Contract Provisions (FEMA & FHWA)
(Description)
X following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www epa goy/smm/comprehensive-procurement-quideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
extent permitted by law, the Agency's contractor shall indemnify and hold harmless -the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and 11
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) I.B — 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/12roceduraldocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot. state. fl. us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https:Hwww3 dot state fl us/EgualOpportunityCompliance/Account aspx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY O10I17
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-116) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified, Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status, Contractor means an entity that receives a contract.
PRIME NAME
PRIME FEID NUMBER
Hispanic American
CONTRACT DOLLAR AMOUNT
T. Y. Lin International
1 94-1598707
Subcont. Asian American
SAA
$0
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
VETERAN?
Y
N
IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE?
Y
®CONSTRUCTION
? Y N
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
/V�
BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS
MBE?
Y
N
CONSULTATION? V N
ADMINISTRATION? ORA SERVICE DISABLED VETERAN?
WBE?
Y
N'
OTHER? Y N
SOB BA?
Y
IS THIS SUBMISSION A REVISION? Y t N
IF YES, REVISION NUMBER
DBE, MBE, WBE I SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE I SUB/SUPPLIER PERCENT OF CONTRACT
VET, SMG NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
WBE[Cella Molnar & Associates, Inc.1 Public NMW
I MBE IBolt Underwater Services, Inc. IUnderwater I NMW I To be determined I
NAME OF SUBMITTER DATE TITLE
Atiq AM 7/26/2019 Vice President
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
Atiq.Alvi@tylin.com 813-974-9444 813-972-9114
NOTE: This information Is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the Information for the grant compliance files.
Black American
BA
Hispanic American
HA
Native American
NA
Subcont. Asian American
SAA
Asian -Pacific American
APA
Non -Minority Women I
NMW
Other: not of any other group listedl
O
DEPARTMENT NAME I COLLIER CONTRACT (IFB/RFP or PO/REQ) I GRANT PROGRAM/CONTRACT
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Part 2
DOE AWARDS/COMMITMENTS
Prime A -C Sub Contractor D -F
A I B C D I E I r
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women I men Total
Black American: $
Hispanic American: $ A/T
Vp
Native American: c'
Asian Pacific American: $ $
Subcontinent Asian American: $
Non Minority:, $
Total $ $
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER T. Y. Lin International DATE 7-26-2019
Printed Name AtIq AM Srsnature
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED By: DATE
I
jPrinted Name Signature
"'0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05114
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
T. Y. Lin International
Name of Consultant
By:— 7/26/2019
Date
Atiq AM, ice President
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT
11!15
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor: T. Y. Lin International
By: Atiq AM Vice President
Date: 7/26/2019
Title: Vice President
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epis.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
I, Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.33
ENT
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCURE 10101
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant:
T. Y. Lin International
By, Atiq AM Date: 7/26/2019
Authorized Signature: "- -
Title: Vice President
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
o2ne
Is this form applicable to your firm?
YES ❑ NO
If no, then please complete section 4
below for "Prime`
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c, post -award
3. Report Type:
a, initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
[ Prime ❑ Subawardee
Tier , if known:
T. Y. Lin International
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
17802 Tampa Oaks Blvd-, Sijitp 9.45
Congressional District, if known:
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Mn:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, M✓j:
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
This disclosure is required pursuant to 31 U.S.C. 1352.
This Information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature:
Print Name: Atiq AMinto.
Title: Vice President
Telephone No.: 813-974-9444 Date (mm/dd/yyyy): 07/26/2019
Federal Use Only:
Authorized oLocal Reproduction
Standard Form LLLRev. 7-97)
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., 'RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, Including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
Information
When completed: Print this
type (excluding page 1 from
Advertisement No./
Solicitation No
18 -7432 -ST
Description
Collier County - Structural Engineering
375 -030 -SO
PROCUREMENT
OGC-03/17
as the file
signature
Financial Project Number(s)
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS /EMPLOYEES
TECHNICAL REVIEW /AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT/ CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER a
CONSULTANT /CONTRACTOR /TECHNICAL ADVISORS 1 IS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OOC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information Includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Signatures /1 Date
Printed Names
Atia Alvi 7/26/2019
STATE OF f LORIOA DEPARTMENT OF TRANSPORTATION 375.030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-3/ll
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that 1 will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
1 recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law,
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement Nod
Solicitation No
18 -7432 -ST
Description Financial Project Number(s)
Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date:
Printed Names Signatures
Atiq Alvi
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-3/17
SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any Interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations Inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which It could be inferred by a reasonable observer
that the benefit was intended to Influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ('Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, i will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If i
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and i recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Structural Engineering
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
Atiq Alvi 7/26/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375030.50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
1 recognize that employees are expected to honor the ethical obligations inherent in public service, These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings, I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. if I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
1 agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signa
Atiq Alvi
Date
7/26/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
oec-o3pT
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department') related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my involvement with the Project ('Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entitles seeking an award of the Project ("Proposers"), I understand that Procurement Information may
include documents submitted by Proposers related to letters of responsefletters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No)
Solicitation No
18 -7432 -ST
Description
Structural Engineering
Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
Atiq Alvi 7/26/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCD OGC - 03/173/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names Signatures
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOGCRE 3%17
FOR CONSULTANT/CONTRACTORITECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest,
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). i understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department. if I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office, I will also maintain security and control over all documents containing Procurement
Information which are In my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Structural Engineering
Printed Names
Atiq AM
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Signatures Date
7/26/2019
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
❑■ CCNA ❑ e4
Contract # 18 -7432 -ST
for
"Professional Services Library -Structural Engineering Category
»
THIS AGREEMENT is made and entered into this day of 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Weston & Sampson Engineers, Inc.
authorized to do business in the State of Florida, whose business address is
55 Walkers Brook Drive, Suite 100, Reading MA 01867 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
FNI WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
[10-1 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Jeffrey A. Wilson, PE a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
Page 4 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
Page 5 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one U—)
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. 0 Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents, The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
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ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
2.f;,
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. FO -1 CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn. Colon colliercountyfl.gov
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16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Weston & Sampson Engineers, Inc.
Address: 1520 Royal Palm Square Blvd., Suite 260
Fort Myers, FL 33919
Authorized Agent:
Attention Name & Title:
Telephone:
E-Mail(s):
Jeffrey A. Wilson, Regional Manager
(239) 437-4601
Wilsonanwseinc.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's
Proposal
17.10. ❑N Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (M ) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. 0 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
Page 18 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
t
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
Page 19 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
M
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
Name and Title
fitness
64jehl -���-
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Burt L. Saunders Chairman
Consultant:
Weston & Sam,p'�on Engineers, Inc.
By: r \J
Jeffre it on, PE PWLF
_ Re is 1 a er
Name an Titl
!8 - --7431- 5 Ti
jtd4
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 V
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: 120
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task H
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ONegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Task I
Task II
$
Task III
$
TOTAL FEE
$
Name and Title
(Dept Name) , Division Director
type name, Department Head
Date
Date
Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
Page 21 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
A
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. Qi Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. R Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
Page 23 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
4_.
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly, Rate
Principal
$238
Senior Pro'ect Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector.
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geolo ist
$156
Marine Biolo ist/H dro Bolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
* Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? O Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑i No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes R No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? FE -1 Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
Page 28 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? n Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes F No
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes FN_1 No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20, UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? O Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Weston & Sampson Engineers, Inc. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Professional Services Library- Structural En ineerin Category"
project is accurate, complete and current as of the time of cAntracti
M
Ison, PE PWLF
TITLE:
DATE: V U y zl-� 1-a
/�--74-�L- 5T
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Other:
SCHEDULE E
Federal Contract Provisions (FEMA & FHWA)
(Description)
❑■ following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Collier County
Solicitation 18 -7432 -ST
EXHIBIT IA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 at seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract,
Administrative, Contractual, or Legal Remedies (over $160,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction,
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1362 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award, Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
.Clean-AitA0..and Federal Water -Pollkition Control A-Wover_$1F0 09-0-(1).The contractor agrees to_ccmpy_with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations Issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
P. 16
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Collier County
Solicitation 18 -7432 -ST
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in partwith Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed In violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically' feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
iAdminisfration and-the'Mi'h6dty Business pev- efopmen Ageriayof the Depa;i ment of'Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
6/28/2019 2:43 PM p. 17
Collier County
Solicitation 18.7432 -ST
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000, As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified
(defined al2 C.F,R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into, (3) This certification is a material representation of fact relied upon by the County, If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 CTR pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contrActor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
cgn Yac�s that meet the deiinition`of "fedarally assisted construction contract" in 41 C.F.R. § 60-1.3 must Include the
equal opportunity clause provided under 41 C.F.R. § 60- 1,4.
During the performance of this contract, the contractor agrees as follows:
(. The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
Include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
11. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
111, The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential Job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, Including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV, The contractor will send to each labor union or representative of workers with which It has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees aril_appacants _ for empfoyment;
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI, The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
6128/2019 2:43 PM P. 18
a
Collier County
Solicitation 1 B -7432 -ST
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
Vii, In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
Imposed and remedies Invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract,
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price, (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
It(lps //www;epa yowls ccny>re nsive �rgpure �eri(�u�'eiej 9sp prograr►
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C,
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract,
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is Important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain Information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
6/28/2019 2:43 PM P. 19
Collier County
Solicitation 18 -7432 -ST
EXHIBIT IA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375.040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time,
C. It Is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U,S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D, The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
Information required of the Consultant is In the exclusive possession of another who falls or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information,
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Collier County Solicitation 18 -7432 -ST
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA &
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2, cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions; The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes Involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d at seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 at seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 at
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles It and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed, Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from. discriminating because of sex in education
programs or activities (20 U.S.C, 1681 at seq).
L. Interest of Members of Congress; No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Parliuipalion by Disadvantaged Business Enterprises. The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b), This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1, The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
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Collier County
Solicitation 18 -7432 -ST
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the reclpient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and -agreed that if the Consultant at any time learns that the certification it provided the Local Agency
In compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be Included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or In connection with,
procuring or carrying out the contract,
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S, Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
~ '� 40 '
U, Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List,
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an oyeCaLjLrogram aoal of 10.65% goal it must achieve.
FCP-7
6128/2018 2:43 PM p. 22
xa
Collier County
Solicitation 18 -7432 -ST
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not Intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"), Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verlfy system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
Inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes,
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors Gist: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subcwnsuitants who perform work in connection with this Agreement: "To the fullest
FCP-8
6/28/2019 2:43 PM p. 23
p'
Collier County
Solicitation 18 -7432 -ST
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of
Florida, Department of Transportation, 'and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor In the
performance of this Contract,"
Inspector' Gene ral'Gooperation: The Parties agree to comply with Section 20,055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes,
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom,"
Local Government Prompt Payment Act (Chapter 218 F,S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with Federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act,
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or Its designee's access to such records upon request.
& Safi son acknowledges our review and understanding of the above requirements.
PE,
r
FCP-9
6/28/2019 2:43 PM p. 24
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) LB — 1
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF1l17
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
Weston & Sampson emailed our request for access to the EOC system on July 29, 2019, We will complete this utilization form upon receipt
of our login information. We have identified our proposed DBE contractor in Evaluation Criteria #2.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract, It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Weston & Sampson emailed our request for access to the EOC system on July 29, 2019. We will complete this DBE percentage upon receipt
of our login information I prior to the relevant pre-construction/pre-work conference. We have identified our proposed DBE contractor in
Evaluation Criteria #2.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
httr)s://www3.dot.state.fl. us/EcivalOPportunitvCompiiance/Account.aspx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f
Weston & Sampson emailed our request for access to the EOC system on July 29, 2019. We will complete the Bidders Opportunity List upon receipt
of our login information.
6/28/2019 2:43 PM p. 26 -r,
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1FICE
017
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.Mus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
Weston & Sampson emailed our request for access to the EOC system on July 29, 2019, We will complete the DBE/AA Plan form upon receipt
of our login information.
6/28/2019 2:43 PM P• 27 '.
Collier County
Solicitation 18 -7432 -ST
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverlfable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract,
PRIME NAME
PRIME FEID NUMBER
TYPE OF WORK OR
LUNIKALI UULLArt APAUUNI
SUB/SUPPLIER PERCENT OF CONTRACT
Weston & Sampson Engineers, Inc,
042601194
SPECIALTY
(See Below)
TBD
WBE
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED,
VETERAN?
Y
O
IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE?
Y
OCONSTRUCTION
? Y
O
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
YO
N
BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS
MBE?
Y
N�
CONSULTATION?
ADMINISTRATION? ORA SERVICE DISABLED VETERAN?
WEE?
Y
N
OTHER? Y
N
SOB 8A?
Y
N
IS THIS SUBMISSION A REVISION? Y (N)
JIF YES, REVISION NUMBER
DBE, MBE, WBE
SUBCONTRACTOR OR SUPPLIER
TYPE OF WORK OR
ETHNICITY CODE
SUB/SUPPLIER PERCENT OF CONTRACT
VET, SM 88A
I
NAME
SPECIALTY
(See Below)
DOLLAR AMOUNT DOLLARS
WBE
Boylan Environmental Consultants, Inc
Environmental
NMW
TBD TBD
sr
in
Jeffrey A. Wilson, PE, PWLF July 29, 2019 Regional Manager
EMAIL ADDRESS OF PRIME ISUBMITTER) TELEPHONE NUMBER FAX NUMBER
wilsonj@wseinc.com 239-437-4601 N/A
NOTE: This information Is used to track and report anticipated DBE or MBE participation in federally -funded contracts, The anticipated OBE or
MBE amount is voluntary and will not become part of the contractual terms, This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
e�
6/28/2019 2:43 PM
COLLIER CONTRACT
p, 28
Collier county
COLLIER COUNTY
AIIITICIPATED-DISADV-ANTAGED-MINORI-T-Y—WOMEN-OR-VE-'TERAN PARTICIPA-T-ION-STATEMENT
Part 2
Solicitation 18 -7432 -ST
Prime A -C Sub Contractor D -F
A I B C D I E I F
Breakdown by Ethnicity and Gender Total, to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women Men Total
Black American; $ $ $
Hispanic American; $ $ $
Native Americanl $ $
Asian Pacific American; $ $ $
Subcontinent Asian American: $ $ $
Non Minora $ $ - $
TM�l < C S
Signature
July 29, 2019
1
p. 29
6/28/2019 2A3 PM
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05H 4
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement,
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract, For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later:
Jeffrey,
& Sampsop Engineers, Inc.
PWLF, Regional Manager
July 29, 2019
Date
6/28/2019 2:43 PM p. 30
R
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37"30.32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENS
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation ;irk this trankaction by any federal department or agency.
Name of Consultant/Contractor Weston &
B . Jeffrey A. Wilson, PE, PWLF
J, •
Date:
Title:
July 29, 2019
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below,
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f, The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings,
I, Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
6/28/2019 2:43 PM
p. 31
Collier County
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
Solicitation 18 -7432 -ST
376-03033
PROCUREMENT
10101
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to Influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: West?A&
By: Jeffrey A. Wilson, PE,
Authorized Signature: _
Title: Regional Manager
mpsgrwngineers, Inca
Date: July 29, 2019
6/28/2019 2:43 PM p. 32
Collier County
Solicitation 18.7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34
DISCLOSURE OF LOBBYING ACTIVITIES PROCURE02J16
Is this form applicable to your firm?
YES ❑ NO [0
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
a, contract
b. grant
c. cooperative agreement
d, loan
2. Status of Federal Action:
a, bid/offer/application
b. initial award
c, post -award
3. Report Type:
a, initial filing
b. material change
For Material Change Only:
Year: Quarter:,
e. loan guarantee
Date of last report:
f, loan insurance
(mm/ddlyyyy)
4. Name and Address of Reporting Entity;
Q Prime ❑ Subawardee
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
Tier , if known:
Weston & Sampson Eng meets,' nc,
1520 Royal Palm Square Blvd., Suite 260
Conciressional District, if known;
Fort Myers. Ser FL 33919 _
Congressional District, If known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MO:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MO:
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
Into. This disclosure is required pursuant to 31 U.S.C. 1352.
Signature: A L::a
n, PE, PWLF
Print Name;I
This Information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Regio
Title:
Telephone No,; 239'-437-4601 Date (mm/dd/yyyy):07129/2019
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
6/26/2019 2:43 PM
P. 33
Collier County
Solicitation 18.7432 -ST
375-030-34
PROCUREMENT
04114
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action,
3. Identify the appropriate classification of this report, If this is a foliowup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard,
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8, Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified In item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the Covered Federal
action.
(b) Enter the full names of the individuals) performing services, and include full address if different from 10 (a),
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her, name, title, and telephone number..
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless It displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, Including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
6/28/2019 2:43 PM P. 34
375-030-50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
Advertisement No./ Description
Solicitation No
VERSIONS
Financial Project Number(s)
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
n
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES
n
TECHNICAL REVIEW/ AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT /CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project (`Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
NVA__
a Fa
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT O C-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
1A --
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date
Printed Names Signatures
--WA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-3/17
SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/ll
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030 -SO
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names Signatures Date
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGC EOM/NT
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest,
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety,
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related t,
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
#18 -7432 -ST
Structural Engineering
Each undersigned individual agrees to the terms
Printed Names
Jeffrey A. Wilson, PE, PWLF I Regional Manager
8128!2019 2:43 PM
Conflict of Interest/Confidentiality Certification,
Date
July 29, 2019
p. 46 I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE 3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
Contract # 18 -7432 -ST
,for
"Professional Services Library -Structural Engineering Category
„
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Stanley Consultants, Inc. ,
authorized to do business in the State of Florida, whose business address is
1641 Worthington Rd, Suite 400, West Palm Beach, FL 33409 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
❑E WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
FNI WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 20t7.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 32
PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates John Downes, P.E. a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances; codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project. .
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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PSA Fixed Term Continuing Contract 20t7.009 Ver.2
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order, Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. . The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (j_) additional one (1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. 0 Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. FM_1 CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn. Colon(a).colliercountyfl.gov
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16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Stanley Consultants, Inc.
Address: 1641 Worthington Rd., Suite 400
West Palm Beach FL 33409
Authorized Agent: John Downes Vice President
Attention Name & Title: Luis J. Santana II, P.E.
Telephone: (561) 584-8731 / (561) 584-8717
E-Mail(s): DownesJohn(a)stanleygroup.com
Santanaluis@stanleygroup.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER
Schedule B RATE SCHEDULE
Schedule C INSURANCE
Schedule D CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation # 18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. FE -1 Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (M ) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. FO -1 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1N WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
By:
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
Morteza Allan,
Name and Titfe
ervice Manager
� lr' I, � „ n � r
Witness
Patti Gringeri, IVlanage Admin. Services
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Burt L. Saunders ,Chairman
Consultant:
Stanley Consultants, Inc.
By:
John P. DownE
Name and Title
Page 20 of 33
Vice PrE
dent
PSA Fixed Term Continuing Contract 2017.009 Verl
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: , 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): RNegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
Task I
Task II
Task III
TOTAL FEE
Name and Title Date
APPROVED BY:
(Dept Name) , Division Director Date
APPROVED BY:
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been frilly disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
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SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
8.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. Fol Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. ❑■ Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
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rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
8.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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SCHEDULE B -ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
❑l Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? 0 Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑i No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑N No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? n Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes R No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes R No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? R Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes * No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes FM-] No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? 0 Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Stanley Consultants, Inc (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
fl
concerning "Professional Services Library Structural Engineering Category
project is accurate, complete and current as of the time of contracting.
BY:
John P. Downes
�.P
TITLE: Vice President
DATE: March 12, 2020
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Yar.2
Other;
SCHEDULE E
Federal Contract Provisions (FEMA & FHWA)
(Description)
FO -1 following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & MW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance .with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www epa goy/smm/comprehensive-procurement-quideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
0. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
na
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) I.B — 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFII;7
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3 dot state fl us/EgualOpportunityCompliance/Account aspx/LogIn?ReturnUri=°/`2fEgual0ppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF10I17
Page 2 0f2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
Collier County
Solicitation 18 -7432 -ST
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
A. VENDOOPRIME"'CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER
CONTRACT DOLLAR AMOUNT
Stanley Consulants, Inc. 42-1320758
$0.00
IS THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED, VETERAN? Y N
MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y N
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N
ADMINISTRATION? ORA SERVICE DISABLED VETERAN? WBE? Y N
SDB 8A? Y N
15 THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION ? Y N
CONSULTATION? Y N
OTHER? Y N
IS THIS SUBMISSION A REVISION? Y IN IF YES, REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SOP" PLIER WHO IS A DISADVANTAGED MINORITY, WOMEN OWNED, SMALL
9t1SI14ESS CONCERN,ORSERVICE QISABLED VETERAN, PRIME IS 1 O COMPLETE THIS NEXT SECTION
DBE, MBE, WBE
VET, SMBBA
SUBCONTRACTOR OR SUPPLIER
NAME
TYPE OF WORK OR
SPECIALTY
ETHNICITY CODE
(See Below)
SUB/SUPPLIER
DOLLAR AMOUNT
PERCENT OF CONTRACT
DOLLARS
WBE
Bolt Underwater Services
Underwater
inspection
NMW
TBD
TBD
TOTALS:
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
John Downes, PE 7/29/19 Vice President
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
Downes)ohn@stanleygroup.com 561-584-8731 561-689-3003
NOTE: This Information Is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
91ackAmerican "BA
Hispanic American HA
Native American NA
Subcont. Asian American SAA
Aslan-PacificAmerican APA
Non -Minority Womenj NMW
other: not ofany othergroupJisted 0,'
D. SECTION 'TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REC)
GRANT PROGRAM/CONTRACT
ACCEPTED BY: DATE
6/28/2019 2:43 PM
p.28 ,. ..,.
Collier County
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Part 2
DBE AWARDS/COMMITMENTS
Prime -C Sub Contractor D-
A B C D I E I F
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women Men Total
Black American: $ $ $
Hispanic American: $ $ $
Native American: $ $ $
Asian Pacific American: $ is
Subcontinent Asian American: $ $ $ -
Non Minority: $ $ $ 100%
Total I $ $ Is 100% -
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE
John Downes, PE Vice President\4k
Printed Name Signature
D SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY: DATE
Printed Name Signature
6/28/2019 2;43 PM
Solicitation 18 -7432 -ST
p.29,/"—
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05!14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract, For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later,
Stanley Consultants, Inc.
Name of Consultant
By:� -~
iI (lot l�1
Date
6/28/2019 2:43 PM P. 30
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCURE 11NS
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor: Stanley Consultants, Inc.
By;
Date:
Title: Vice President
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
6/28/2019 2:43 PM p. 31
Collier County
Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
1oro1
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
Influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant:
By:
Stanley Consultants, Inc.
Authorized Signature: _
Title: Vice President
Date: ' I C
6/28/2019 2:43 PM P• 32
Is this form applicable to your firm?
YES ❑ NO N
If no, then please complete section 4
below for "Prime"
.ype of Federal Action:
a. contract
b, grant
c. cooperative agreement
d. loan
e. loan guarantee
f, loan insurance
Collier County
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISCLOSURE OF LOBBYING ACTIVITIES
Solicitation 18 -7432 -ST
2. Status of Federal Action: 3. Report Type:
a. bid/offerlapplication a. initial filing
b. initial award b, material change
c. post -award For Material Change Only:
4. Name and Address of Reporting Entity:
® Prime ❑ Subawardee
Tier if known:
Stanley Consultants, Inc.
1641 Worthington Rd. Suite 400
West Palm Beach FL 33409
Congressional District, if known: 4c
6. Federal Department/Agency:
8.
mber, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Mn:
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure Is required pursuant to 31 U.S.C. 1352.
This information will be available for public Inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Year: Quarter: _
Date of last report:
(mm/dd/yyyy)
5. If Reporting Entity in No. 4 is a Subawardee, Enter
Address of Prime:
Congressional District, if known:
7, Federal Program Name/Description:
CFDA Number, if applicable:
9. Award Amount,
375-030.34
PROCUREMENT
02/16
Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, Mn:
Signature:
Print Name: Joh D canes, P
Title: Vice President
an
Telephone No.: 561-584-8731 Date (mm/dd/yyyy): n'1I I°II:aDI�i
IFederal Use Only: ' Standard Form LLLAuthorized for LocaI(Rev. 7 Repr97)on
6/28/2019 2:43 PM p• 33
Collier County
Solicitation 18 -7432 -ST
37"30-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of Information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No, 0348-0046. Public reporting burden for this
collection of Information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
6/28/2019 2:43 PM p, 34
x
Collier County
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
Solidlation 18 -7432 -ST
375-030-50
PROCUREMENT
OGC -03/17
Advertisement Nod
Solicitation No
18 -7432 -ST
Description
Financial Project Number(s)
Professional Services Library Structural Engineering Category
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS III EMPLOYEES I
TECHNICAL REVIEW/ AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR I TECHNICAL ADVISORS
6/28/2019 2:43 PM p. 35
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
N/A
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTERESUCONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 3/17
SELECTION COMMITTEE
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
Contract Number(s):
Printed Names
N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Signatures
Date
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT O TRANSPORTATION 375030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Professional Services Library Structural Engineering Category
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Si res Date
John Downes, PE Vice President �.
6/28/2019 2:43 PM p. 44
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No) Description Financial Project Number(s)
Solicitation No
Printed Names
Signatures
Date
Collier County Solicitation 18 -7432 -ST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE 3/17
FOR CONSULTANT/CONTRACTORITECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel'). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Departments Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
18 -7432 -ST Professional Services Library Structural Engineering Category
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signa Date
John Downes, PE Vice President VQ:
6/28/2019 2:43 PM p. 46
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
OCURME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROGC E 3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
c
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROGCRE3/NT
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
FM -1 CCNA ❑ N
Contract # 18 -7432 -ST
for
" Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Blot Engineering Inc.
authorized to do business in the State of Florida, whose business address is
2804 S. Del Prado Blvd., Suite 101, Cape Coral, FL 33904 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
0 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
FE -1 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 or the
maximum sum allowable by law under Florida's Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, whichever is greater, and as agreed upon by the parties.
F■ Work order assignments for CCNA contracts shall be made in accordance with the current
Procurement Ordinance, as amended.
1.4. n (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
O
v
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Ed Blot, P.E. a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16, The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
0
1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one —U—)
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
f
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order, The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. * Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY; its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
. r
unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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C'
o
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. A-1 CCNA Proiects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn. Colon colliercountyfl.gov
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
t rl
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Blot Engineering Inc.
Address: 2804 S. Del Prado Blvd., Suite 101
Cape Coral, FL 33904
Authorized Agent: Edward M. Blot, President
Attention Name & Title:
Telephone: (239) 257-1780
E-Mail(s): Eblot anblotengineering.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10. 01 Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (■) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. 0 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
�5r
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Crystal K. Kinzel, Clerk of Court &
Comptroller
By: By:
Date: Burt L. Saunders , Chairman
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Ae�
Witness
L . C�Arc�
Name and Title
Witness
Z` • Cil ;, �-� 1 t . Ul �-�„�.ss
Name and Title
Consultant:
Blot Engineering Inc.
rBy
8dwrtrj H. sjot-
Name
and Title
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
C,N0
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: , 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order, The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): QNegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Task I
$
Task II
$
Task lII
$
TOTAL FEE
$
Name and Title
(Dept Name) , Division Director
Date
Date
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer
Date
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
Page 22 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. 0 Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. 01 Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
Page 23 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
Page 25 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE B -ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager.
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro Bolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
■N Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
Page 26 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
Page 27 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? 0 Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes 0 No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes FO -1 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? O Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
Page 28 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes FNJ No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes 0 No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? R Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes FE -1 No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes 0 No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? FEJ Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Blot Engineering Inc (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Professional Services Library- Structural Engineering Category "
project is accurate, complete and current as of the time of contracting.
Mrd
TITLE: P9,65 ! DEN r
DATE: 31 MAO
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE E
Other: Federal Contract Provisions (FEMA & FHWA)
(Description)
0 following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at2 C.F.R. § 180.935). (2) The contractormust complywith 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www epagov/smm/comprehensive-procurement-quideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
r'"
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW.
...................._
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
extent permitted by law, the Agency's contractor shall indemnify and hold harmless _the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, director indirect, in this contractor the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Page Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9, 10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) LB —1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve, In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot. state. fl. us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3 dot state fl us/EgualOpportunitVCompliance/Account.aspx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1017
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_ space; next to Date print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fLus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
status will be verified. Unveritable statuses will require the Vendor/Prime Contractor to either provlde a revised statement or provide source
documentation that validates a status. contractor Means an entity that receives a contract.
A. VENDOR/PRIME CONTRACTOR INFORMATION,
PRIME NAME PRIME FEID NUMBER
CONTRACT DOLLAR AMOUNT
Blot Engineering, Inc. 20-4984505
TBD
15 THE PRIME A FLORIDA CERTIFIED DISADVANTAGED, VETERAN? Y
MINORITY OR WOMEN BUSINF55 ENTERPRISE DBE? Y
(V8Ej,\4I3E/vV0E)? OR HAVE A SMALL DISADVANTAGED
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y
PN
IS THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION I y
0
CONSULTATION? Y N
6>
ADMINISTRATION? ORA SERVICE DISABLED VIETERW4? WBE? y
OTHER? Y N
10-1, SOB SA? Y
15 THIS SUBMISSION A REVISION? y N 1IF YES, REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR ORSUPPLIERWHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,'PRIME IS TO COMPLETE THIS NEXT SECTION
DOE, MBE, WOE
VET, SMBBA
SUBCONTRACTOR OR SUPPLIER
NAME
TYPE OFWORK OR
SPECIALTY
ETHNICITY COOE
(See Below)
SUB/SUPPLIER
DOLLAR AMOUNT
PERCENT Of CONTRACT
DOLLARS
TOTALS:
f
C, SECTION TO,B I E COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER
DATE
TITLE OF SUBMITTER
LMward M. Blot
7/26/2019
President
EMAIL ADDRESS OF PRIME (SUBMITTER)
TELEPHONE NUMBER
FAX NUMBER
eblot0lotengincering.corn
239-257-1780
239.257-1806
NOTEi This Information Is used to track and report anticipated DBC or MBE participation In federally -funded contracts, The anticipated DBE or
!"E amount Is voluntary and will not become part of the contractual terms, This form must be submitted at time of response to a
solicitation, if and when awarded a County contract, the prime 4vljl be asked to update the Information for the grant compliance files.
ETHNICITY COPE
OlackArnerican OA
Hispanic American HA
NotiveAmbrican NA
Subcont. Asian American SAA
Asian , -PacIficAmerican APA
Non-tvIlitority Women N1v1W
1
other: not of any other group listed
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME
COI-LIER COI%[MACT 11 (IF WNW
GRAN T PROGRAWCONTRACT
ACCEPTED fiV4, DA
I 7/z fi I
t_� 18 -7432 -ST Professional Services Library: Structural Engineering 40
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT"
Part x
-
DBE AWARDS/COMMITMENTS'
C Sub Contractor-0-
A
ontracto -A 1 13 C D I E F
Breakdown by Ethnicity and Gender Total to DBE (Dollar Amount) Total to DBE (Number)
Women Men Total Women Men Total
Black American: $ - $ $ -
Hls anic American: $
Native American: $ $ $
Asian Pacific American: $
Subcontinent Asian American: $
Non Minority: $
Total $ S e $
C, SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER - DATE
Blot Lngineering, Inc. 7/2612019
Htlward K Blot
Printed Name Signature
D, SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY: DATE
Printed Name Signature
18 -7432 -ST Professional Services Library: Structural Engineering 41
SIATEO� I`LORVADEPARJh,JENJ or 1tim)sPowAtiol,4 376-62, x.,
ENT
TRUTH IN NEGOTIATION CERTIFICATIONPRbWOEMW 4
Pursuan(tO Section 287,056(6)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price Was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs, All such
agreement adjustments shall be made within (1) year following the and of the contract, For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final b,llllMg or acceptance of
the work by the Department, whichever is later.
BIoL Eiigincering, Inc.
Name of Consultant
41 -
By: �,&4 0�;w A -
7/2612019
Date
18 -7432 -ST Professional Services Library: Structural Engineering 42
S1AjE OF F1,0R19A DEPARTMENT OF TRANS f -Y RMION 375-a30-32
rpry—mrwMEMT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 11111;
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200),
It is certified that neither the below Identified firm nor its principrals are presently suspended, proposed for debarment, declared
Ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency,
Namesultant7Cof}1 ctor BI0IE119inePrin&Tnr
M
Date: 712612019
Title:
Instructions for Certificalion
(Applicable to allsubcontracts, purchase oadici ants.
rders and other lower tier transactions requiring prior FHtNA approval or estimated to
cost $26,000 or more - 2 CFR farts 180 and 1200)
a, By signing and submitting this proposal, the prospective lower tier is providing the certifioation set out below,
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If itis later determined that the prospective lower tier participant knowingly rendered an erroneous certification, In
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. Tile prospective lower tier participant shall provide immediate writton notice to the person to which this proposal is submitted If
at any time the prospective lower tier participant learns that Its certification was erroneous by reason of changed circumstances.
d. The terrns "covered transaction," "debarred;" "suspended," "ineligible; "'participant," "person," "principal," and "voluntarily
excluded,"I as used in this clause, are defined in 2 CFR Darts 180 and 1200, You may contact tiie person to which this proposal
is submitted for assistance In obtaining a copy of those regulations, "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts),
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor), "'Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transactiorrodginated,
f, The prospective lower fier participant. further agrees by submitting this proposal that it will include this clause titled
"certification Regarding Debarment, Suspension, tnellgibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold:
g, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant Is responsible for ensuring that Its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transacitons, To verify the eligibility of Its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but Is not required to, check the Excluded Parties List System website
(https /lwviW.epis.gov/), which is compiled by the General Services Administration,.
h, Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to render In
good faith the certification required by this clause, The knowledge and information of participant Is not required to exceed that
which is normally possessed by a prudent person In the ordinary course of business dealings.
L Except for transactions authorized under paragraph a of these instructions, If a participant in a covered transaction knowingly
enters .into a lovier tier covered transaction with a person who Is suspended, debarred, ineligible, or voluntarily excluded from
participation In this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, Including suspension and/or debarment.
18 -7432 -ST Professional Services Library: Structural Engineering 43
STATE Of FLQ3)PA W-r1ARAJQJT Of TRWSPORVATIDN
CERTIFICATION FOR DISCLOSURE OF LOBBYINC
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100
ACTIVITIES
37510110-z3
PROCUREMENT
KIM
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to Influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In
connection With the awarding of any federal contract, the Making of any tederal grant, the making of any
federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, Ian officer or employee of Congress, or an employee of a Member of Congress In connection
with this
his federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions,
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This oertification is a material representation of fact upon which reliance was placed when this transaction
was Made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction Imposed by Section 1352, Title 31, US. Code, Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.,
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be Included In all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant, Blot Engineering, Inc.
13y: Edward M. Blot Date. 7/26/2019
Authorized Signature. -
Title'. President
18 -7432 -ST Professional Services Library: Stnictural Engineering 44
STN-IrLT- rLQR1DAoLPARTw1vT OPTkANS"TATION 375-030-3-1
rICCUREMENT
DISCLOSURE OF L013BYING ACTIVITIES P 02118
Is this form applicable to your firm?
YES 171 NOX
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
a. contract
b. grant
o, cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. Initial award
c, post -award
I
3, Report Type:
a, initial filing
b, material change
For Material Change Only:
Year; - Quarter:
Date of last report:
(mm/ddtyyyy)
4, Name and Address of Reporting Entity:
Prime n Subawardee
Tier_, if known:
Blot H n Ly. T n c.
6. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime,
-
Congressional District, if known:
x'11045 bel P-radn Alm swip illi
Cap)e Coral, PT. 33904
Congressional District, if known: 4c
6. Federal DepartmentlAgency:
7. Federal Program NamelDescription:
CFDA Number, ff applicable:
B. Federal Action Number, if knoWn:
9. Award Amount, if known:
10, 0. Name and Address of Lobbying Registrant
(if individual, last napip, first name, Mn:
b. Individuals Performing Services (including address it
different from No. 90a)
(last name, first name, 1141):
11. Information requested through this form Is authorized by title 31
U.S.C, section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
Into. This disclosure is required pursuant to 31 U.S.C. 1352.
This fnformallonorlll be available for public inspeplion. Any
person who falls to file the required disclosure shall be subject
to a civil penalty or not less than $iD.000 and not more than
$100,000 for each such failure,
Federal Use Only:
1-7 J
Signature:
Print Name: Edward M, Blot
Title: President
Telephone No.: Date (mm/ddlyyyy): 07/26/2019
Authorized for Local Reproduction
StandardForm LLL (Rev, 7.97)
18 -7432 -ST Professional Services Library: Structural Engineering 45
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., 'RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
US "3151
s1ATE � FLofJl[)A DFPAATM§47 V-' TRA45FORTATION MONKIA ENI
CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION 05-03/17
Information entered on this page will carry over to subsequent pages.
When completed: Print this document to PDF by choosing File, Save as, and selection PDF as the file
type (excluding page I from printing) or Print only the pages from the sections you need for signature
using the printer !eon buttons.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
—1 R -74 -32 -Sl' Professional Services Libra!- r Strgctual >;n�ineerin Cate OU TBD
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS I EMPLOYEES
TECHNICAL REVIEW/AWARDS COMMITTEE FOR LOW BID PROJECTS r-1
CONSULTANT/ CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR I TECHNICAL ADVISORS
18 -7432 -ST Professional Services Library: Structural Engineering 46
SIA I E Of H.CVDA UPARtwiroF rmwmoo,oio 375-030.51
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION POKMENUM ooc 0/0
TECHNICAL REVIEW COMMIMEMOTTECHNIcAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultaht/contraotorlvendor for selection on any contract if I have a
conflict of Interest or a potential conflict of Interest. As set forth In Sections 112.313 and 334,193, Florida Statutes, employees of the
Department may not have any Interest, financial I [at or otherwise, direct or Indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties In the, public interest,
I recognize that employees are expected to honor the ethical obligations Inherent In public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception Of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and Impartial decisions, and therefore may not accept benefits
of any sod under circumstances In which it could be inferred by a reasonable observer that the benefit was Intended to Influence a
pending or future decision of theirs, or to reward a post decision. Employees should avoid any conduct (whether In the context of
business, financial, or social relationships),which might undermine the public trust, whether or not that conduct 15 unethical or lends
Itself to the appearance of ethical Impropriety,
I will maintain the confidentiality of all Information not made public by the Florida Department of Transportation ("Department") related to
the promrement of the above -referenced ("Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information'). I understand 1. that Procurement Information Includes, but Is not limited
imiled to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement information includes, but Is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers*), I understand that Procurement Information may
include documents submitted by Proposers related to letters of responsallatters of Interest, technical proposals, price proposals,
financial proposals, and Information shored during exempt meetings, I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who Is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurlsdict ' Ion or an opinion of the Office of the Florida Attomey General, I will not divulge any
Procurement Information except to Individuals who have executed a Conflict of InterestiC.onfIdentiality Certification which has been
approved by the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department, If I
am contacted; by any member of the public or the media with a request for Procurement information,'I will promptly forward such
reqUest to the DeparlmenVs Procurement,Offloe. I will also maintain security and control over all documents, containing Procurement
Information which are In my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for on agreement associated with the Project. and I recognize that doing so may be contrary to statutes, ardinanoas, and
rules governing or applicable to the Department or may othervilse be a violation of the toy;
I agree not to engage in bid tampering, pursuant to Section 838.22; Florida Statutes,
I realize that Violation of the above mentioned statutes would be punishable In accordance with Section 112317, Section 334.193, or
Section 638 22,, Florida statutes, and could result In dlsolpllda ry action by the Department,
Advertisement Nod Description Financial
Inanclal Project Number(s)
Solibitatiori No
18-74321Lf_ q Ijbi-m-yAlrurtural EnRineering Category TBD
Ginn 11 - I
Each undersigned Individual agrees to the terms of this Conflict of Interest/Conficlentialfly Certification,
Technical Review Committee Members:
Printed Names Signatures
TBD
Date
t8 -7432 -ST Professional Services Library: Structural Engineering 47
Advertisement No.1
Solicitation No
18 -7432 -ST
&JAI t Of MAIN DEPA41KIM OF 11W.-MuADON
CONFLICT OF INTERESPCONFIDENTIALITY CERTIFICATION
TECHNICAL REVIEW COMMITTEEMOT TECHNICAL ADVISORS
Additional Page
31500-0
PA10CURINIV41
orc - a3/17
Description Financial Project Nurnber(s)
pl-&,gsiollal Services ory TBQ Engineering Categ
Technical Review Com militee Members:
(Continued)
Printed Names Signatures Date
TBD
Printed Narnes
TBT
DOT Technical Advisors:
Signatures
18 -7432 -ST Professional Services Library: Structural Engineering 48
CONFLICT OF INTEREST/CONFIDIENTIAI-ITY CERTIFICATION Dr1r, -111i
SELECTION COMMITTEE
I certify that I have no present conflict of Interest on the projects Identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consullant/contractorivenclor for selection on any contract If I have a
conflicto-f interest or a potential conflict of Interest. As set forth In Sections 112.313 and 334.1$3, Florida Statutes, employees of the
Department may not hiave any Interest, financial or otherwise, direct or Indirect engage in any business transaction or professional
activity; or accept any obligation of any kind which" Is in conflict with the proper conduct of their duties In the public interest.
I recognize that employees are expected to honor the ethical obligations inherent In Public service. These obligations go beyond mere
legal obligations and demand from the employed a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances In which It could be inferred by a reasonable observer that the benefit was Intended to Influence a.
pending or future decision of theirs, or to reward a past cleoislon. Employees should avoid any conduct (whether in the context of
business, financla I, or social relationships) which might undermine the p , ubl.lo trust, whether or not that Conduct is unethical or lends
Itself to the appearance of ethical Impropriety.
I will maintain the confidentiality of all Information not made public by the Florida Department of Transportation ('Department) related to
the procurement of the above-referenced
ad ('Project") that I gain access to as a result of my Involvement with the Project ("Procurement
Information`). I understand that Procurement Information indUdasi but Is not limited to, documents prepared by or for the [)apartment
related to procurement of the Project I also understand that Procurement Information Includes, but Is not limited to, documents
submitted to the Department by entities seeking an award, of the Project ("Proposers'). 16 nderstand that Procurement Information may
Include documents submitted by Proposers related to letters of re'sponseAetters of Interest, technical proposals, price proposals,
financial pr6posalsi and information shared during exempt meetings. I also Understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and Information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting, on behalf of Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attomey Generali I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by I ' the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department, If I
am contacted by any member of the public or the media with a reu9st for Procurement Information, I will promptly forward such
request to the QPpqrtmenVs Procurement Offiw- I Vill also maintain security and control over alldocuments containing Procurement
Information which are In my custody;
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and 1 recognize that doing so may be contrary to Statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law,
I agree not to engage In bid tampering, pursuant to Section 838,22, Florida Statute&
I realize that violation of the above mentioned Statutes would be punishable in accordance with Section 112,317, Section 334k 193, and
Section 838.22, Florida Statutes, and could result In disciplinary action by the Department.
Advertisement N0 Description Financial Project Number(s)
Solicitation No
18-7439-91 - P- ry Structural Engincering ory TBD
Pdrited Names
TBD
Each Undersigned individual agrees to the terms of this Conflict of I nterest/Go n fide ntia Illy Certification.
Selection Committee Members:
Signatures
t8 -7432 -ST Professional Services Library: Structural Engineering 49
Advertisement Nod
Solicitation No
18 -7432 -ST
STATE rLORIDAWPARTUMT OF T.IANSFORIAT10h A75 -010-W
MIENT
CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION PEOCIAOX - 3/17
SELECTION COMMITTEE
Additional Page
Description Financial Project Number(s)
Professional Services Library Structural Engineering Cjzt—egoiT TBD
Each undersigned individual agrees to the terms of this Conflict of InteresUConfldentiality Certification,
Selection Committee Members:
Printed Names Signatures
TBD
51 Alf ty, WNT OF IRAWMA110N 315-m3 ,Q
OrOW101041
CONFLICT OF INTER 5ST/CO N Fit DENTIALITY CERTIFICATION ccr - 4)_1117
PUBLIC OFFICERSIEMPLOYEES
I certify that I have no present conflict of Interest on the projects Identified below, and that I will recuse myself trom any Capacity Of
decision making, approval, disapproval, or recommendation of any cons u Itant/con tra ctorivenclor for selection on any, contract if I have a
conflict of Interest or a potential conflict of interest. As set forth in Sections 112,313 and 334A 93, Florida Statutes, public officers or
employees of on agency May hot have any Interest, financial or otherwise, director indirect; engage In any business transaction or
professional activity; or accept any obligation of any kind which is In conflict with the proper concluct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations Inherent In
public service. These obligations go beyond mer4lagal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as (tie public's perception of such conduct.
State of Florida public officers, or employees of an agency are expected to safeguard -their ability to make objective, fair, and Impartial
decisions, and therefore may not accept benefits of any sort under olmumstances In which It could he Inferred by a reasonable observer
that the benefit was Intended to influence a pending or ftiture decision of theirs, or to reward a post decision. Public officers or
employees of an agency should avoid any conduct {whether In the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct Is Unethical or lends itself to the appearance of ethical Impropriety.
I will Maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department') related to
the procurement of the above -referenced ('Project") that I gain access to as a result of my involvement with the Project ("Procurement
rm
Infoation"). I understand that Procurement Information includes, but Is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but Is not limited to, document's
submitted to the Department by entities seeking an award of the Project ("Piroposers")i I understand that Procurement Information may
Include documents submitted by Proposers related to letters of response4etters of Interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers,, and Information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who Is a Member of or acting an behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of InteresYConflidentiality Certification which has been
approved by the Department ("Project Personnel'). I understand that a list of Project Personnel will be maintained by Depafterit. If I
am contacted by any member of the public or the media with a request for Procurement information, I will promptly forward such
request to the Department's Procoremenj office, I v4II also maintain security and control over all documents Containing Procurement
Information which are in my custody,
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and 1 racoghIZO that doing so may be contrary to statutes ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage In bid tampering, pursuant to Section 838,22, rlorlda Statutes;
I realize that Violation of the above mentioned statutes would be punishable In accordance, with Section 112,317, Section 334.193, or
Section 835,22, Florida Statutes, and Could result In disciplinary ElcLion.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
19 -7432 -ST Professional Services Library Structural Eilginecrilig Cate .cry N/A
Each undersigned
Printed Names
Edward 1A. Blot
Individual agrees to the termsof this Conflict of Interest/Conridentialit:y Certification.
raonkritjod on r?&X1 pagA
v Data
07/26/2019
18 -7432 -ST Professional Services Library: Structural Engineering 51
StAft or ft6,41I)A b(41A151ME11T 04 10ANS001T.VICIM 3]5 03:1.56
CONFLICT OF INTERESPik0cmEMEwTICONFIDENTIALITY CERTIFICATION OGC- 0J/L7
PUBLIC OFFICERSIEMPLOYEES
Additional Page
Advertisement NoJ Description Financial Project Number(s)
Solicitation No TBD
18-7432-81' Professional Services Library Structural Enginevring Cate dye
Each undersigned individual agrees to the terms of this Confliat of InterestlGonfidentiality Certification
Printed Names Signatures Date
18 -7432 -ST Professional Services Library: Structural Engineering 52
SIME07 I 10flir)A I)EPAKINIM or 111AWMA110N�CIMM" IA PAO.110
IO
CONFLICT OF INTE RESTMONFIDENTIALITY CERTIFICATION Pr
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW SID PROJECTS
I certify that I havia no present conflict of interest on the Projects identified below, and that I Will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any con,sultant/contractorivendor for selection on any contract If I have a
conflIdt of Interest or a potential conflict of Interest, As set forth In Sections 112.313 and 334,193, Florida Statutes, employees of the
Department may not have any Interest, f1rianclal or otherwise, direct or Indirect, engage In any business transaction or professional
activity; or accept any obligation of any kind which is In conflict with the proper conduct of their duties In the public interest.
I recognize that employees are expected to honor the ethical obligations Inherent In public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct. as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and Impartial depIslon,S, and therefore may not accept benefits
of any sort under circumstances in which It could be Inferred by a reasonable observer that the benefit was Intended to Influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether In the context of
business, financial, or social relationships), which might undermine the Public trust, whether or not that conduct Is unethical or lends
Itself to the appearance of ethical impropnehi.
I will maintain the confidentiality of all Information not made public by the Flaridp Department of Transportation ("Department") related to
the procurement
ment of the above -referenced ("Prolept") that I gain access tows a result of my involvern6nt with the project ("Prowrement
Information'), I understand that Procurement Information Includes, but Is not limited to, documents prepared by or for the Departmel-it
related to procurement of the Project, I also Understand that Procurement Irifon.'riatlon Includes, but Is not limited to, documents
submitted to the Department by entities seeking an award of the Project ('Proposers"), I understand that Procurement Information may
include documents submitted by Proposers related to letters of responselletters of interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings, I also Understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers. end Information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer,
Unless so ordered by a court of competent jurisdiction or an opinion of the office of the Florida Attomey General, I will not divulge any
Procurement Information except to individuals
uals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ('Project Personnel), I understand that s list of Project Personnel will be maintained by Department If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Departmerift Procurement Office. I will also maintain security and control over all d00Un10htS containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and,
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tempering, pursuant to Section 838,22, Florida Statutes,
I,realize that violation of the above mentioned statutes would be punishable In accordance with Section 112,317, Section 334.193, or
Seciloh 838,22, Florida Statutes, and could result In disciplinary action by the Department,
Letting Date:
Contract Number(s):
Technical Revlew/Awards Committee Members:
Each Undersigned individual agrees to the ten-na of this Conflict of Intere-stIConfidentiality Certification,
Printed Names Signatures Date
TBD
18 -7432 -ST Professional Services Library: Structural Engineering 53
Contract Number(a):
Printed Names
TBD
STAT'F OF FIONIDA PARTM I NT TONSP04TOMON 375,030-50
MEM
CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION 011C -PROMUCZ?
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Each undersigned individual agrees to the terms of this Conflict of Intorest/Confidentlality Certification
Signatures
Date
18 -7432 -ST Professional Services Library: Structural Engineering 54
IRN"ITA1101
r�S
Pr,otwrm/oCONFLICT OF INTEIRESTICONFIDENTIALiTY CERTIFICATION n,e-0J/r,7
FOR CONSULTANT/CONTRACTOR
SERVINGiN THE ROLE OF PROJECT MANAGER FOR FOOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that 1
Will recuso myselffrom any capacity of decision making, approval, disapproval, or recommendation on any contract if i have a conflict of
interest or a patential Conflict of interest.
ConsultantsICQntraotors are expected to safeguard their ability.to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances In which it could be inferred by a reasonable
observer that the benefit was Intended to influence a ponding or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or fends itself to the appearance of ethical impropriety_
I will maintain the confidentiality of all Infonna►ion not made public by the Florida Department. of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project (''Procurement
Informatlon"), I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, i also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeping an award of the Project ("proposers''), i understand that Procurement information may
Include documents submitted by Proposers related to letters of responseAetters of interest; technical proposals, price proposals,
flnancial proposals, and Information shared during exempt meetings. I also understand that procurement Information may also include
documents that evaluate or review documents submitted by Proposers,: and information regarding Project cost estimates. I also agree
not to discuss the Project With anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of Competent jurisdiction or an opinion' of the Office of the Florida Attorney General, I will not divulge any
Procurement information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel'). I understand that a list of Project Personnel will he maintained by Department. If i
am contacted by any member of the public or the media with a request for Procurement Information, 1 will promptly forward such
request to the DepartmWs Procurement Office. i will also maintain security and control over all documents containing Procurement
Information which are In my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated With the Project, and I recognize that doing so may he contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otheWse be a violation of the law,
I agree not to engage in bid tampering, pursuant to Section 838.22; Florida Statutes,
i realize that violation of the above mentioned standards could result In the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance kMth Section 838.22, Florida Statutes.
/advertisement NO Description p`Inancial Project Number(s)
Solicitation No
18-7432-S7' Professional Services T ibrary Structuralt=.ngi er eding-C.alegory TBQ
Printed Names
Each undersigned Individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Signatures Date
TBD
t8 -7432 -ST Professional Services Library: Structural Engineering 55
STATE or FLO31DA DEPARWWT OF TRANSPORTATION M1030.50
QU
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PA- 0IRVAENt
wc3117
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No.1 Description Financial Project Number(s)
Solicitation No
.187432 -ST Professional Services Library Structural Engineering-Cii—tegorx TBD
Printed Names Signatures Date
TBD
18 -7432 -ST Professional Services Library: S tructural Engineering 56
$TAIe or ;XPJDA WARthit(O cr MAi "RtAl ON A)s M
CONFLiCT OF iNTERESTMONFIDENTIALiTY CERTIFICATION r"��"�vJ7
FOR CONSULTANT/CONTRACTOR/TECHNiCAL ADVISORS
I certify ihat'I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation pn any contract if I have a conflict of
Interest or a potential conflict of interest.
Cons ultantslContractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under cirbumstances In which it could be Inferred by a reasonable
observer that the benerit Was Intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety,
will maintain the confidentiality of all information not trade public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my Involvement with the Project ("Procurement
Informatlon"), I understand that Procurement Information Includes, but Is not limited to, documents prepared by or for the Department
related to pr-oourement of the Project, I also understand that Procurement Information includas; but Is not limited to, documents
aubmitted'to the Department by entities seeking an award of the Project ("Proposers"), I understand that Procurement Information may
include documents submitted by Proposers related to letters of responselletters of interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings, I also understand that Procurement Information may also Include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. t also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer,
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of InterestlConfideritfality Cerlifica6oh which has been
approved by the Department ("Project Personnel"), I understand that a list of Project Personnel will be maintained by Department if
am contacted by any member of the public or the media with a request for Procurement Information, i will promptly forward such
request to the department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
i agree not to solicitor accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm Linder
consideration for an agreement associated with the Project, and I recognize that doing so may contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
i agree not to engage in bid tampering, pursuant to Section 838:22, Florida. Statutes.
I realize that violation of the above mentioned standards could result In the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable In accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description
Solicitation No
Financial Project Number(s)
18-7432AST Professi.aaid Services 7. jbi-atom. wolf cat Engineering Categoq TBD
Tach undersigned individual agrees to the terms of this Conflict of InterestrConfldentaiity Certification,
Printed Names Sita res Date
Edward M. Mot 07/26/2019
18 -7432 -ST Professional Services Library: Structural Engineering 57
SMIX Of FLORMA DEPARTMINT OF 11W4PORIATION 375030-50
U(ME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION 11AMEM
ox -03111
FOR CONSULTANTICONTRACTOWTECHNICAL ADVISORS
Additional Page
Advertisement Nod DescHiption Financial Project Number(s)
Solicitation No
18 -7432 -ST Professional Services IJbrary.SjrpctLrj ee I IgQ"Ory TIAD
U_EjjgtlL_jj te
18 -7432 -ST Professional Services Library: Structural Engineering 58
PROFESSIONAL SERVICES AGREEMENT
(FIXED TERM CONTINUING CONTRACT)
Q CCNA ❑ NA
Contract # 18 -7432 -ST
for
" Professional Services Library -Structural Engineering Category
THIS AGREEMENT is made and entered into this day of , 2020
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
TRC Worldwide Engineering, Inc.
authorized to do business in the State of Florida, whose business address is
217 Ward Circle, Brentwood, TN 37027 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously
when a need arises in connection with a Collier County project; and
■0 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation
Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional
services to a political subdivision, such as the County; and
❑0 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term
basis as directed by the COUNTY for such projects and tasks as may be required from time to
time by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. From time to time upon the written request or direction of the COUNTY as hereinafter
provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the
"Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2. CONSULTANT acknowledges and agrees that services under this Agreement are to be
requested by the COUNTY on an as -needed basis only, and COUNTY makes no representation
or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services
exclusively or at all.
Page 1 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. The form of the Work Order is set forth in attached Schedule
A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes
all written Amendments or Change Orders to any particular Work Order. The CONSULTANT
acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless
otherwise approved in writing by the Board of County Commissioners. 0 Work order
assignments for CCNA contracts shall be made in accordance with the current Procurement
Ordinance, as amended.
1.4. 0 (Multi -Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All
CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a
rotation list for professional service, as listed below.
1.4.1. Professional Services Library Rotation
a. Work assignments within each service category are awarded on a rotational basis
by the Procurement Division.
b. For each service category, the Procurement Service Division will place qualifying
firms in the Professional Services Library in the order they are ranked, with the
highest scoring firm placed in the first position in the rotation.
c. As each work assignment is identified the next firm in the rotation will be
offered the opportunity to negotiate that work assignment with the COUNTY's
Contract Administrative Agent/Project Manager.
d. Should a firm decline a work assignment, or be unable to reach a satisfactory
fee negotiation with the COUNTY within a reasonable time frame, the COUNTY
will contact the next firm on the list until the work assignment is successfully
negotiated.
e. Firms will have the option of rejecting one work assignment within each
service category within a twelve (12) month period without penalty. A second
work assignment rejection within any twelve (12) month period will cause the
firm to be skipped in the rotation. A firm who rejects three (3) work assignments
(or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12)
month period may be removed from the service category.
f. Firms wishing to reject a work assignment for any reason must complete a Work
Assignment Rejection Notification Form. A copy of this completed form must
be provided to the Procurement Division by the County's Contract Administrative
Agent/Project Manager.
g. Once a full rotation through all firms in a service category is complete, a method
that attempts to impart an equitable distribution of work among selected firms
will be based on prior dollars awarded; with the firm having received the least
amount of dollars being considered for the next work assignment.
Page 2 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
1.4.1.1 Professional Services Library — Direct Selection. For work
assignments requiring unique experience or knowledge, including past experience on another
phase of the project, the County's Contract Administrative Agent/Project Manager may formally
request permission to forego the rotation and select a specific firm. This request will require
the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a
work assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they
are required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be prepared
which incorporates the terms of the understanding reached by the parties with respect to such
Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order.
Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by the COUNTY and that the COUNTY does not represent or
guarantee to CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this
Agreement or any Work Order, or to obligate the COUNTY in any manner or way.
1.9. All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.11. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
Page 3 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
1.12. The CONSULTANT designates Paul Moerschel, PE a qualified
licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the services to be provided and performed under this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's
project coordinator for the Services to be provided under that Work Order (hereinafter referred to
as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects
of the Services to be provided and performed under the Work Order. Further, the Project
Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of
or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT
further agrees that the Principal in Charge and Project Coordinators shall not be removed by
CONSULTANT without the COUNTY's prior written approval, and if so removed must be
immediately replaced with a person acceptable to the COUNTY.
1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, or any
applicable Work Order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to the COUNTY.
1.14. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the COUNTY shall have the discretion to
unilaterally terminate this Agreement immediately.
1.15. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTY's approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.16. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly related
to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
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1. 17. The CONSULTANT agrees not to divulge, furnish or make available to any third person,
firm or organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope, compensation and
schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing
those Additional Services. With respect to the individuals with authority to authorize Additional
Services under this Agreement, such authority will be as established in the COUNTY's
Procurement Ordinance and Procedures in effect at the time such services are authorized.
Except in an emergency endangering life or property, any Additional Services must be approved
in writing via an Amendment or Change Order to the subject Work Order prior to starting such
services. The COUNTY will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part
of the Services originally required of CONSULTANT under the subject Work Order.
2.2. If the COUNTY determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT
has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from
when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-
eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have
had to seek an adjustment to its compensation or time of performance under the subject Work
Order.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT as set forth
in the Work Order;
b. The time the CONSULTANT is obligated to commence and complete all such services
as set forth in the Work Order; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Services specified in the Work Order, including design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other data
relative to the subject Work Order;
d. Arrange for access to and make all provisions for CONSULTANT to enter the site (if
any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the Services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Each Work Order will have a time schedule ("Schedule") for the performance of the
Services required under the subject Work Order. Said Schedule shall be in a form and content
satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced,
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
performed and completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services
from any cause whatsoever, including those for which COUNTY may be responsible in whole or
in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY
will be the right to seek an extension of time to the Schedule; provided, however, the granting of
any such time extension shall not be a condition precedent to the aforementioned "No Damage
For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
Services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT under this Agreement (including any
and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations
hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the
CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under any particular Work Order or any payment issued by the COUNTY to
CONSULTANT be deemed a' waiver of any right or claim the COUNTY may have against
CONSULTANT for delay or any other damages hereunder.
4.6. The period of service shall be from the date of execution of this Agreement through
five (5 ) year(s) from that date, or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. The COUNTY may, at its
discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms
and conditions contained in this Agreement for one (1 ) additional one (1 )
year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's
intention to renew the Agreement term prior to the end of the Agreement term then in effect.
4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the CONSULTANT written notice of the
COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The
Project Manager, or designee, reserves the right to request proposals from this agreement
utilizing any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule,
which is attached hereto, shall apply only to projects procured under the Time and Materials
pricing methodology specified in paragraph 5.1 above. M Grant Funded: The hourly rates as
set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are
for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall
specify whether the originals or copies of such Project Documents are to be delivered by
CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with
delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with
respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY
that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT
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PSA Fixed Tenn Continuing Contract 20t7.009 Ver.2
consents to the COUNTY's use of the Project Documents to complete the subject project or task
following CONSULTANT's termination for any reason or to perform additions to or remodeling,
replacement or renovations of the subject project or task. The CONSULTANT also acknowledges
the COUNTY may be making Project Documents available for review and information to various
third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. The CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination this Agreement or
(b) the date of the Work Order is completed, whichever is later, or such later date as may be
required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation
as often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein
shall be limited as provided in Section 725.08(1) & (2), Florida Statues.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
ARTICLE NINE
INSURANCE
9.1. The CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall contain
a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by
COUNTY.
9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify
this Agreement.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are paid and
received by the COUNTY, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
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PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work in accordance with the
percentages noted in the attached schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed
or replaced without the COUNTY's prior written consent.
10.3. The CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant
or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any
subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations
and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued
Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall
preserve and protect the rights of the COUNTY under this Agreement, and any subsequently
issued Work Order, with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter
into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. The CONSULTANT acknowledges and agrees that the COUNTY is a third -party
beneficiary of each contract entered into between CONSULTANT and each subconsultant or
subcontractor, however nothing in this Agreement shall be construed to create any contractual
relationship between the COUNTY and any subconsultant or subcontractor. Further, all such
contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY
upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. The CONSULTANT's acceptance of final payment for Services provided under any Work
Order shall constitute a full waiver of any and all claims, except for insurance company
subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related
to those Services, and except those previously made in writing in accordance with the terms of
this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as
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unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY
shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It
is agreed that either party hereto shall at any and all times have the right and option to terminate
this Agreement by giving to the other party not less than thirty (30) days prior written notice of
such termination. Upon this Agreement being so terminated by either party hereto, neither party
hereto shall have any further rights or obligations under this Agreement subsequent to the date
of termination, except that Services specified to be performed under a previously issued Work
Order, shall proceed to completion under the terms of this Agreement.
12.2. The CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for the COUNTY to terminate this Agreement and any Work
Orders in effect, in whole or in part, as further set forth in this section, for any of the following
reasons: (a) CONSULTANT's failure to begin Services under any particular Work Order within
the times specified under that Work Order, or (b) CONSULTANT's failure to properly and timely
perform the Services to be provided hereunder or as directed by the COUNTY, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to
obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure
to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect,
or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work
Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.3. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2
shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.4 below.
12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in
effect, in whole or in part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery
against the COUNTY shall be limited to that portion of the fee earned through the date of
termination, for any Work Orders so cancelled, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY,
including, but not limited to, anticipated fees or profits on Services not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
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and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control arising out of or relating to this Agreement or any
Work Orders.
12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the Services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or such other
time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails
to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement
or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within
fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT
may stop its performance under the subject Work Order until such default is cured, after giving
the COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the applicable Work Order. If the Services are so stopped for a period of one
hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate the subject Work Order by giving written notice to the COUNTY of CONSULTANT's
intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14)
days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14)
additional days' written notice to the COUNTY, terminate the subject Work Order and recover
from the COUNTY payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages
from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement or any subsequent Work Order.
13.2. 0 CCNA Proiects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule D, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete
and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT
agrees that the original price as set forth in each subsequent issued Work Order, if any, and any
additions thereto shall be adjusted to exclude any significant sums by which the COUNTY
determines the price as set forth in the Work Order was increased due to inaccurate, incomplete,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
or non-current wage rates and other factual unit costs. All such adjustments shall be made within
one (1) year following the end of the subject Work Order.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
15.2. In the event that the need for changes to the Services under a Work Order may arise
during the course of the work, the associated tasks may be modified at the request of the Project
Manager or his designee. Written authorization from the Project Manager will be required in
accordance with the Procurement Ordinance, as amended, and Procedures. For any changes
that exceed an existing Work Order amount, the Work Order shall be modified to reflect the
increase prior to any related Services being performed.
15.3. All duly executed modifications to Work Orders (including all written modifications or
Changes thereto) are hereby incorporated into and made a part of this Agreement by reference.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Procurement Services Division
Division Director: Sandra Herrera
Address: 3295 Tamiami Trail East
Naples, Florida 34112-4901
Administrative Agent/PM: Evelyn Colon
Telephone: 239) 252-2667
E-Mail(s): Evelyn. Colon (ED-colIiercountyfl.gov
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: TRC Worldwide Engineering, Inc.
Address: 11926 Fairway Lakes Drive
Fort Myers, Florida 33913
Authorized Agent: Paul Moerschel P.E.
Attention Name & Title:
Telephone: (239) 939-1414
E-Mail(s): Pmoerschel(a-),trcww.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A
WORK ORDER
Schedule B
RATE SCHEDULE
Schedule C
INSURANCE
Schedule D
CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule E
Other: Federal Contract Provisions (FEMA & FHWA)
Solicitation #
18-7432- ST , including all Attachment(s), Exhibit(s) and
Addendum/Consultant's Proposal
17.10.❑ Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box (■ ) expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. The CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to solicit
or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. FO -1 At the time this Agreement is
executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation
Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D.
The CONSULTANT's compensation as set forth in each subsequently issued Work Order, if any,
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
Page 18 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court &
Comptroller
M
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
1plo" *"4
tl
_,Witness jv P,� �c�t r'°,�''
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
in
Burt L. Saunders . Chairman
Consultant,
Witness
�-
Name and Title
TRC Worldwide Engineering, Inc.
By:
Pot,/ �at reek l ere it cit t� f
Name and Title
Page 20 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver
SCHEDULE A
WORK ORDER
Contract 00-0000 "Name of Contract'
Contract Expiration Date: 20
This Work Order is for professional (describe) services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm
Scope of Work: As detailed in the attached proposal and the following:
* Task I -
* Task II
* Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work
Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with
following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material
(T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which
tasks) as provided in the attached proposal.
Task I
Task II
Task III
TOTAL FEE
Name and Title Date
APPROVED BY:
(Dept Name) , Division Director Date
APPROVED BY:
type name, Department Head Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all
relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises
during the Work Order and/or project duration.
ACCEPTED BY: (Firm Name)
Name & Title of Authorized Officer Date
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SCHEDULE B
BASIS OF COMPENSTATION
1. SERVICES
B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant
to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for
such Services, said proposal to be in compliance with the terms of this Agreement. If the parties
reach an agreement with respect to such Services, including, but not limited to the scope,
compensation and schedule for performance of those Services, a Work Order shall be issued
which incorporates the terms of the understanding reached by the parties with respect to such
Services.
B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of
(i) the estimated time of CONSULTANT's personnel and the estimated fees thereof for the
proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY
for the reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such
estimate to the COUNTY based on CONSULTANT's good faith analysis.
B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant
to the procedures described herein. Reference to the term Work Order herein, with respect to
authorization of Services, includes all written Work Order Modifications or Amendments.
B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order.
CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are
required in a written Work Order. Any Services provided by CONSULTANT without a written
Work Order shall be at CONSULTANT's own risk and the COUNTY shall have no liability for such
Services.
B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide
the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
2. COMPENSATION TO CONSULTANT
B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT's invoice approved by the
COUNTY.
B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this Agreement.
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments
to CONSULTANT based upon CONSULTANT's Direct Labor Costs and Reimbursable Expenses
or as a Lump Sum.
B.2.4. ❑i Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT's personnel, with respect to this Agreement,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly
Application for Payment, CONSULTANT shall submit detailed time records, and any other
documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor
Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall
be no overtime pay without the COUNTY's prior written approval.
B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
8.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.5. 0 Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum
amount to be paid to CONSULTANT for the performance of the Services. CONSULTANT shall
submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in
terms of the total work effort estimated to be required for the completion of the Services authorized
under the Work Order and any then -authorized Additional Services, as of the last day of the
subject monthly billing cycle. Among other things, the report shall show all Service items and the
percentage complete of each item. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment authorizing such Additional Services.
The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B
and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall
be no overtime pay on Services or Additional Services without COUNTY's prior written approval.
B.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for a particular Work Order or Additional Services, CONSULTANT shall be limited
to a maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar
month, or as specified in the Work Order, statement of charges for the Services performed and
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PSA Fixed Term Continuing Contract 2017.009 Ver.2
rendered by CONSULTANT during that time period, and for any the COUNTY authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during
that time period. The monthly statement shall be in such form and supported by such
documentation as may be required by the COUNTY. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in a form and manner required by the COUNTY.
B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. REIMBURSABLE EXPENSES
B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.2. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT's
performance of the Services, at its direct cost with no markup; to the extent such reimbursement
is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in
this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as stated below.
5.3.3.1. Cost for reproducing documents that exceed the number of documents described
in this Agreement and postage and handling of Drawings and Specifications including duplicate
sets at the completion of each Work Order for the COUNTY's review and approval.
5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved
by the COUNTY, may include coach airfare, standard accommodations and meals, all in
accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance
and in writing by the COUNTY.
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5.3.3.4. Permit Fees required by the Project.
5.3.3.5. Expense of models for the COUNTY's use.
5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.3.3.7. Other items on request and approved in writing by the COUNTY.
5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting
basis.
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SCHEDULE B - ATTACHMENT 1
RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Manager
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Hourly rates for additional categories required to provide particular project
services shall be mutually agreed upon by the County and firm, in writing, on a project by project
basis, as needed, and will be set forth in the Work Order agreed upon by the parties.
FE -1 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency.
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SCHEDULE C
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
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the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? ❑N Yes ❑ No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? ❑ Yes❑ No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes 0 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? 0 Yes ❑ No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
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maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes Q No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes n No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? ❑N Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
18. TECHNOLOGY ERRORS and OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes FE] No
Page 29 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes 0 No
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
Per Occurrence.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? ❑O Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
Page 30 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE
COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available
from the professional liability carrier for a reduction in the premium of CONSULTANT's
professional liability policy. If no credit is available from CONSULTANT's current professional
policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the
next renewal policy, if a renewal occurs during the term of the project policy (and on any
subsequent professional liability policies that renew during the term of the project policy).
CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit
accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a
credit on behalf of the COUNTY for the provision of project -specific professional liability insurance
policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of
uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely, project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE C
Page 31 of 33
PSA Fixed Tenn Continuing Contract 2017.009 Ver.2
❑this schedule is not applicable
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, TRC Worldwide Engineering, Inc (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "Professional Services Library- Structural Engineering Category
project is accurate, complete and current as of the time of contracting.
BY:_J ilcre-,r
TITLE: (ttiiU><�►
DATE: Y lJ
Page 32 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
SCHEDULE E
Other: Federal Contract Provisions (FEMA & FHWA)
(Description)
❑■ following this page (pages 1 through 32 )
❑ this schedule is not applicable
Page 33 of 33
PSA Fixed Term Continuing Contract 2017.009 Ver.2
�)IO
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law
requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include
in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant
Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under
this contract in accordance with the following governing regulations along with any and all other relevant Federal, State,
and local laws, regulations, codes and ordinances:
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE PROGRAM CDFA 97.036
0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after
April 1, 2017)
FEMA
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the
FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,
or in a Florida court of competent jurisdiction.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 [as amended]); (over $100,000): Contractors who apply or bid
for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient."
Changes: See Standard Purchase Order Terms and Conditions.
Clean Air Act and Federal Water Pollution Control Act (over $150,000): (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each
violation to the County and understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection
FCP-1
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW
Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms
§200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
FCP-2
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the
equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee.or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
IV. The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
FCP-3
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless
the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
Reporting: The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the
County, as the Federal or State granting agency may require the contractor to provide certain information,
documentation, and other reporting in order to satisfy reporting requirements to the granting agency.
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 County 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 County 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.
Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the
County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate
this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall
be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be
entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
FCP-4
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHW
UNITED STATES DEPARTMENT OF FEDERAL HIGHWAY ADMINISTRAION
FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS
CFDA 20.205
(375-040-84)
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement
shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement,
as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on their
use and will be made available, upon request, to the Agency at any time during the performance of such services and/or
completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material
and products or patent any invention developed under this agreement. The Agency will have the right to visit the site
for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the
basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
FCP-5
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation,
Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the
Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfairtreatment of persons displaced orwhose property has been acquired because of Federal or Federal -aid programs
and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471,
Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal
Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement
from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
FCP-6
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FEMA & FHWA
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
0. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any
facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States
Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed
that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier
covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any
kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with
this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm
or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida
Department of Transportation and a federal agency in connection with this contract involving participation of
Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services
rendered under the contract.
U. Disadvantaged Business Enterprise (DBE) and Bid Opportunity (49 CFR 26): The Contractor shall comply with
applicable solicitations and contracts as defined in the State's approved DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1, 2000.
Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT
currently has an overall program goal of 10.65% goal it must achieve.
FCP-7
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHWA)
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Federal Provisions and
Assurances FDOT Form 275-030-11 — DBE Bid Package Information.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
EVerify: Collier County will not intentionally award County contracts and purchase orders to any vendor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section
1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment
by any vendor of unauthorized aliens as a violation of Section 274A (e) of the INA. Such violation by the recipient of
the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the
contract by Collier County. This certification is required and is to be signed by an authorized official of the company
and submitted prior to release of a purchase order. The Vendor attests that it is fully compliant with all applicable
immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with
the requirements of the E -Verify system operated by the Department of Homeland Security in partnership with the
Social Security Administration. a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall
expressly require any contractors, subcontractors or vendors performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the contractor or subcontractor during the Agreement term.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or her
duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or any state agency.
Local Agency Program Agreement Required Language:
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors /
subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest
FCP-8
EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FEMA & FHW,
extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of
Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract."
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the
inspector general to have access to any records, data and other information deemed necessary to carry out his or
her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2
years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member
or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any
benefit arising therefrom."
Local Government Prompt Payment Act (Chapter 218 F.S.): The Contractor acknowledges that construction
services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject
to federal grantor laws and regulations or requirements. See 218.735 (8)(a -h) Local Government Prompt Payment Act.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the
terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County,
FDEM, or its designee's access to such records upon request.
FCP-9
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Paae Form
2,3 Form 275-030-11 DBE Bid Package Information
4,5 Collier County Anticipated DBE Participation Statement, Part I and II
6 Form 375-030-30 Truth in Negotiation Certification
7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid
Contracts
8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal
Aid Contracts
9,10 Form 375-030-34 Certification for Disclosure of Lobbying Activities
11-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) LB —1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF 1FICE
017
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3.dot.state.fl.us/Egua10pportunitVCompliance/Account.aspx/LogIn?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFII;7
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-116) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Officerp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified, Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status, Contractor means an entity that receives a contract.
A. VENDOR/PRIME CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
TRC Worldwide Engineering, Inc. 62-1803853 Does not exceed $200,000
15 THE PRIME A FLORIDA -CERTIFIED DISADVANTAGED, VETERAN? Y 15 THE ACTIVITY OF THIS CONTRACT,,
MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y N. CONSTRUCTION 7 Y
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
101
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? N
ADMINISTRATION7 ORA SERVICE DISABLED VETERAN? WBE? Y OTHER? Y
SOB 8A? Y N ✓
IS THIS SUBMISSION A REVISION? Y NJIF YES, REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE, MBE, WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VET, SMBBA NAME SPECIALTY (See Below) 11 DOLLAR AMOUNT DOLLARS
N/A
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
Paul Moerschel, P.E., S. I. 7/23/2019 President, Florida Group
EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER
pmoerschel@trcww.com (239) 939-1414 (239) 278-4289
NOTE: This Information is used to track and report anticipated DBE or MBE participation In federally -funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the Information for the grant compliance files.
FN
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME I COLLIER CONTRACT#JIFB/RFP or PO/REGI I GRANT PROGRAWCONTRACT
DATE
Black American
BA
Hispanic American
HA
NativeAmerican %
NA
Subcont. Asian American
SAA
Asian -Pacific American
APA
Non -Minority Womeni
NMW
Other., not of any other group listed
0
FN
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME I COLLIER CONTRACT#JIFB/RFP or PO/REGI I GRANT PROGRAWCONTRACT
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05/14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
TRC Worldwide Engineering, Inc.
NanTOf Consultant
By, 7/23/2019
Paul Moersche , P.E., S.I. Date
Me
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376.030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT
INELIGIBILITY AND VOLUNTARY EXCLUSION- 11/16LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor: TRC Worldwide Engineering, Inc.
By: Paul Moerschel, P.E.,S.I,
Date: 7/23/2019
Title: President, Florida Group
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c, The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
10/01
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: TRC Worldwide Engineering, Inc.
By: Paul Moerschel, P.E,,S
Authorized Signature:
Title: President, Florida Group
Date: 7/23/2019
51
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
02/16
Is this form applicable to your firm?
YES ❑ NO L]
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c, post -award
For Material Change Only:
d. loan
Year: Quarter:
e. loan guarantee
f. loan insurance
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
® Prime ElSubawardee
'Address of Prime:
, iknown:
`r
TRC Worldwide ineerl
dTc.
g, n
11926 Fairway a es r ve
Congressional District, if known:
Fort Myers, Florida 33913
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable: '
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, Mn:
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
Signature:
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C, 1352.
Print Name: Paul Moerschel P.E. S.I.
This Information will be available for public Inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
Title: President, Florida Group
$100,000 for each such failure.
Telephone No.; 239 939-1414 Date mm/dd/ 07/23/2019
P ( �_.. ( YYYY)�
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97
52
375-030-34
PROCUREMENT
04114
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., 'RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
375-030-50
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
TRC Worldwide Engineering, Inc.
Advertisement No./
Solicitation No
18 -7432 -ST
Description
Structural Engineering
Financial Project Number(s)
N/A
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
n
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES
TECHNICAL REVIEW / AWARDS COMMITTEE FOR LOW BID PROJECTS
n
CONSULTANT! CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/OCURE
CONFIDENTIALITY CERTIFICATION PROGC-3/N7
N/A TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
N/A Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MET
N/A CONFLICT OF INTEREST/OCUR
CONFIDENTIALITY CERTIFICATION PR OGC-03/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
N/A CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
3/17
SELECTION COMMITTEE
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Date: N/A
Printed Names
Selection Committee Members:
Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
3/17
N/A SELECTION COMMITTEE
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
N/A CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names N/A Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE 03/17
N/A PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
N/A CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUROGC E 3/17
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names N/A Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO CRE 3/17
N/A TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
Additional Page
Contract Number(s):
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Signatures
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest,
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision, Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project') that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project, I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"), I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, 1 will promptly forward such
request to the Departments Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law,
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department, I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
RPS No.: 18 -7432 -ST Professional Services Library
Structural ngineering Category
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Signatures Date
Paul Moerschel, P.E., S.I. 07/23/2019
Garrett Louviere, P.E. 07/23/2019
Robert Algoo, P.E. '% 07/23/2019
Richard Algoo, E.I.El 07/23/2019
Kathy Iskander `h m/9n/9n1q
53
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement Nod Description Financial Project Number(s)
Solicitation No
IJi1=0 aI►E1III "iL-�
Signatures
Date
■
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OCURMENT
OGC E 3/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related t
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838,22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement Nod Description Financial Project Number(s)
Solicitation No
18 -7432 -ST
Printed Names
Structural Engineering N/A
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification,
Signatu Date
Paul Moerschel, P.E., S.I. _ 03/02/2020
A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date