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Agenda 07/14/2020 Item #16A25 (RPS #19-7570 w/Faller, Davis & Associates, Inc.)07/14/2020 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services ("RPS") No. 19-7570 "Collier County Timing & Coordination Project" (Project No. 33589), to Faller, Davis and Associates, Inc., in the amount of $439,257.74 for professional services required to complete the retiming of 37 signalized intersections and authorize the Chairman to sign the attached agreement. _____________________________________________________________________________________ OBJECTIVE: To obtain professional services to complete the retiming of 37 signalized intersections on Airport Road from Golden Gate Parkway to Pelican Marsh Boulevard/Tiburon Boulevard, on Pine Ridge Road from Goodlette-Frank Road to Logan Boulevard, on Vanderbilt Beach Road from Goodlette-Frank Road to Island Walk Boulevard and on Livingston Road from Pine Ridge Road to Vanderbilt Beach Road, to reduce delay and improve progression on these arterials. CONSIDERATIONS: On February 25, 2020, the Board approved the final ranking of Request for Professional Services, No. 19-7570 (Agenda Item 16.A.25), for the retiming of 37 intersections with Collier County. Respondents: Company Name City County State Final Ranking Responsive/Responsible Faller, Davis & Associates, Inc. Tampa Hillsborough FL 1 Yes/Yes Albeck Gerken, Inc. Tampa Hillsborough FL 2 Yes/Yes CALTRAN Engineering Group, Inc. Miami Dade FL 3 Yes/Yes The Board directed staff to initiate negotiations with the top ranked firm, Faller, Davis & Associates, Inc. (“Faller Davis”), which commenced on March 20, 2020, starting with a scope meeting with County staff. Faller Davis originally presented a proposal in the amount of $447,693.45, which was less than the original estimate of $459,445.42. Staff negotiated the cost down to $439,257.74 fol lowing a series of negotiation sessions coordinated by the County’s Procurement Services Division. FDOT reviewed and approved the completed attached agreement on June 2, 2020. FISCAL IMPACT: The anticipated cost for the retiming of 37 signalized intersections is $439,257.74 of which all is to be reimbursed by FDOT LAP project 435019-1-58-01. Funds are available in the Transportation Grant Fund (711), Project 33589. The funding source is the Federal Highway Authority; whereby, these grant dollars are passed through the Florida Department of Transportation via the Local Area Project agreement. Retiming the proposed arterials will have to be refined and reevaluated on a yearly basis with increases in vehicle traffic and the anticipated introduction of “Smart Technologies” throughout Collier County. The ongoing maintenance costs for hardware, software, user licenses, technical support, and incidental component replacements during this time period, are expected to have an incremental impact on the operating budget levels, within Transportation Operating Fund (101), of $22,578 annually. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County’s Growth Management objectives and produces no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT 16.A.25 Packet Pg. 1273 07/14/2020 RECOMMENDATION: To award the Request for Professional Services No. 19-7570 "Collier County Traffic Signal Timing & Coordination Project" to Faller, Davis and Associates , Inc., in the amount of $429,257.74 and authorize the Chairman to sign the attached Agreement. Prepared by: Christopher Ordonez, Project Manager, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. [linked] 19-7570 FallerDavis Associates_Contract_VendorSigned (PDF) 2. 435019-1 Airport & Pine Ridge Retiming Project Location Map (PDF) 3. [LinkedX] 435019-1 Executed LAP Agreement & Agreement Notification Letter (PDF) 4. 19-7570 Faller Davis&Assoc_Insurance_6-10-20 (PDF) 16.A.25 Packet Pg. 1274 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.25 Doc ID: 12592 Item Summary: Recommendation to award Request for Professional Services ("RPS") No. 19- 7570 "Collier County Timing & Coordination Project" (Project No. 33589), to Faller, Davis and Associates, Inc., in the amount of $439,257.74 for professional services required to complete the retiming of 37 signalized intersections and authorize the Chairman to sign the attached agreement. Meeting Date: 07/14/2020 Prepared by: Title: – Transportation Engineering Name: Chris Ordonez 06/05/2020 10:20 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/05/2020 10:20 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/08/2020 2:57 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 06/08/2020 3:08 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 06/08/2020 3:31 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/09/2020 8:00 AM Transportation Engineering Randy Ensell Additional Reviewer Completed 06/09/2020 10:29 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/12/2020 9:43 AM Growth Management Department Gene Shue Additional Reviewer Completed 06/15/2020 9:21 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/15/2020 2:40 PM Procurement Services Geoff Thomas Additional Reviewer Completed 06/15/2020 3:10 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/16/2020 10:15 AM Procurement Services Evelyn Colon Additional Reviewer Completed 06/16/2020 10:52 AM Procurement Services Sandra Herrera Additional Reviewer Completed 06/16/2020 11:01 AM Growth Management Department Jeanne Marcella Deputy Department Head Review Skipped 06/08/2020 2:45 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/17/2020 9:21 AM Grants Valerie Fleming Level 2 Grants Review Completed 06/22/2020 9:03 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/22/2020 2:25 PM 16.A.25 Packet Pg. 1275 07/14/2020 Grants MaryJo Brock Additional Reviewer Skipped 06/24/2020 9:06 AM Grants Carrie Kurutz Additional Reviewer Completed 06/25/2020 3:08 PM Procurement Services MaryJo Brock Additional Reviewer Skipped 06/24/2020 9:05 AM Budget and Management Office MaryJo Brock Additional Reviewer Skipped 06/24/2020 9:06 AM Grants MaryJo Brock Additional Reviewer Skipped 06/24/2020 9:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/24/2020 9:35 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/25/2020 4:10 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/29/2020 10:25 AM Grants Therese Stanley Additional Reviewer Completed 07/02/2020 3:20 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 07/06/2020 11:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.A.25 Packet Pg. 1276 PROFESSIONAL SERVICES AGREEMENT Contract # 19-7570 for " Collier County Traffic Signal Timing & Coordination ■❑ CCNA ❑ NON -ram THIS AGREEMENT is made and entered into this day of , 20 20 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 Faller, Davis & Associates, Inc. authorized to do business in the State of Florida, whose business address is 4200 W. Cypress St, Suite 500, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). tr►►lliri►i��'��i:A WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Collier County Traffic Signal Timing & Coordination _ (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. 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. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. 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, Page 1 of 32 PSA Single Project Agreement 2017.010 Ver.2 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. 1.4. 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. 1.5. CONSULTANT designates Nick Spatola, PE, PTOE 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. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. 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, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. 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: Page 2 of 32 PSA Single Project Agreement 2017.010 Vera Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 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. 1.8. 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 COUNTYS 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. 1.9. 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 CONSULANT 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 Page 3 of 32 PSA Single Project Agreement 2017.0 10 Ver.2 101 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. 1.10. 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. 1.11, As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation ❑GN format on a C❑ or ❑VD, 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 a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment 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. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement 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 Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment 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 CONSULTANTS right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 P5A Single Project Agreement 2017.010 Vert 0 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. 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: Page 5 of 32 PSA Single Project Agreement 2017-010 Ver.2 0 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 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 Project, 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 Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; 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. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its 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. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the 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 its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.2 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. Provided, however. if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted. with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 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 until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner s❑ 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 this Agreement 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. 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 Schedule B, entitled "Basis of Compensation". which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize 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. A. dr_■:r nra :zrr:■rra:rnx_r.■r.W+ra:rrnos_ *= Xftffl:■rsss�sra:■:r. r.�:su - - Page 7 of 32 PSA Single Project Agrecment 2017.010 Ver.2 0 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation orAutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. 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 on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COU NTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. 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. 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 of this Agreement or (b) the date the Project 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, ❑r 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. Page 8 o f 32 PSA Single Project Agreement 2017.010 Ver.2 0 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 Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. 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 D 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 coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. Page 9 of 32 PSA Single Project Agreement 2017010 Ver.2 G 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. 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. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CON SULTANT'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 as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. 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 to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting 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. 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 Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.2 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. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, 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 the Agreement within the times specified under the Notice(s) to Proceed, 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, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. 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 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, 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, 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 work not required to be performed, CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. Page I I of32 PSA Single Project Agreement 2017.010 Ver t 12.4. 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 and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. 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. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due 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, 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 this Agreement 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 Agreement. 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 this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. 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 Agreement 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. 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. 13.2. M_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 E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.2 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. 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: Division Director: Address: Administrative Agent/PM: Telephone: E-Mail(s): Tran ortation Engineering Division Jav Ahmad 2885 Horseshoe Drive S Naples, Florida 34104 Chris ❑rdonez 239 252-5136 Christopher.O rd o nezgco l l i e rco u ntyfl.g ov 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: Faller, Davis & Associates Inc. Address: 4200 West Cypress Street Suite 500 Tama Florida 33607 Attention Name & Title: Nancy Faller Brown President Telephone: 813 261-5136 E-Mail(s): nfbrown fallerdavis.com Page 13 of 32 PS Single Project Agreement 2017.410 Ver.-2 CA 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. 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. 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 SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE E Schedule E CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: _Grant Certifications and Assurances Solicitation # 19-7570 Consultant's Proposal including all Attachments), Exhibit(s) & Addendum Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 17.1 D. ■❑ 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. 17A 1. 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. 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. ❑ 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 E. CONSULTANT's compensation 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 Page 15 of 32 PSA Singie Project Agreement 2017.010 Ver.2 9 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 35 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 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. Page 16 oF32 PSA Single Project Agreement 2017.010 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 Courts & Comptroller By: By: Date: Burt L. Saunders Chairman Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness Name and Title Name and Title Consultant: Faller, Davis & Associates, Inc. Nancy Faller Brown, PE, President Name and Title Page 17 of 32 PSA Single Prqect Agreement 2017 010 V. �tw SCHEDULE A SCOPE OF SERVICES ❑■ following this page (pages 1 through 14 ) Page 18 of 32 PS Single Project Agreement 2017.010 Ver.2 EXHIBIT A SCOPE OF SERVICES TRAFFIC ENGINEERING & CONSULTANT SERVICES COLLIER COUNTY TRAFFIC ❑PERATIONS TRAFFIC SIGNAL TIMING & COORDINATION RPS 19-7570, p. 12 of 145 9 EXHIBIT A SCOPE OF SERVICES TRAFFIC SIGNAL TIMING & COORDINATION CONTENTS: I. GENERAL REQUIREMENTS A. Introduction & Definition of Terms..........................................................................3 B. Executive Summary ...............................................................................................3 C. Sealing of Reports................................................................................................13 D. Data Files..............................................................................................................3 II. INDEX OF STUDY A. Project Inventory ....................................................................................................4 1. Pine Ridge Road..............................................................................................4 2. Airport Road.....................................................................................................4 3. Vanderbilt Beach Road....................................................................................5 4. Livingston Road.. .............................................................................................5 III. DESCRIPTION OF STUDY A. Study Type: System Analysis.................................................................................5 IV. DESCRIPTION OF TASKS AND DELIVERABLES A. Data Collection ("Part A") ...................................................................................... Task 1: Approach Counts - Seven (7) Day..................................................5 Task 2: Turning Movement Counts - Three (3) Day.....................................6 Task3: Field Inventory................................................................................7 B. Analysis ("Part B").. ............ ............................... .................................................. 8 Task 4: Intersection Analysis.......................................................................8 Task 5: Arterial Analysis..............................................................................8 Task 6: Controller Timings...........................................................................9 C. Implementation and Evaluation ("Part C").............................................................10 Task 7: Timing Implementation and Fine Tuning.........................................10 Task 8: Intersection Evaluation....................................................................12 Task 9: System Evaluation..........................................................................13 Task10: Final Report....................................................................................14 RP5 19-7570. P. 13 of 145 9 GENERAL REQUIREMENTS A. Introduction and Definition of Terms The purpose of this Traffic Engineering & Consultant Services contract is to provide the Traffic Operations Department with professional services for conducting traffic signal retiming studies for certain arterial roadways in Collier County. A major objective of this contract is to obtain study results as expeditiously as possible while maintaining a high degree of thoroughness and professionalism. Independent tasks have been identified and deliverables associated with each task have been specified. For the purpose of this contract, the following definitions apply: • A traffic control timinq pattern is a set of cycle lengths, splits, and offsets for an arterial system. ■ An arterial is a group of signalized intersections which are coordinated to provide progression of traffic flow along the arterial. • A section is any portion of a traffic control system which can be controlled by a single set of timing parameters. B. Executive Summary The deliverable for each project task shall be accompanied by an executive summary providing a general overview of the contents of the report and general comments about the location, purpose, findings, conclusions and recommendations. C. Sealing of Reports All study reports and copies submitted to Collier County Traffic Operations shall be signed and sealed by a Florida Registered Professional Engineer. D. Data Files The CONSULTANT shall submit all input data electronically with a summary of the data files indicating the program, intersection and arterial names. The electronic files shall be submitted in a program approved by Collier County Traffic Operations. The CONSULTANT shall also submit paper copies of all count data. RP5 19-7570. p. 14 of 145 CAC] INDEX OF STUDY A. Project Inventory - There are thirty-seven (37) intersections included on this Scope for study and retiming: 1. Pine Ridge Road Pine Ridge Rd at Logan Blvd Pine Ridge Rd at Vineyards Blvd Pine Ridge Rd at Napa Blvd Pine Ridge Rd at 1-75 (East & West)" Pine Ridge Rd at Whippoorwill Ln Pine Ridge Rd at Livingston Rd* Pine Ridge Rd at Kensington Park Blvd/Osceola Trail Pine Ridge Rd at Carillon PlazalYMCA Pine Ridge Rd at Airport Rd* Pine Ridge Rd at Pine Ridge Crossing Pine Ridge Rd at Naples Blvd Pine Ridge Rd at Forest Lakes/Shirly St** Pine Ridge Rd at Pine Ridge Middle School Pine Ridge Rd at Goodlette-Frank Rd 2. Airport Road Airport Rd at Golden Gate Pkwy Airport Rd at Estuary Dr Airport Rd at Poinciana Eiementary School Airport Rd at Grey Oaks Blvd/Poinciana Dr Airport Rd at Europa Dr/Pinewoods Cir Airport Rd at Clubhouse Dr/Rustic Oaks Cir Airport Rd at Carillon Plaza/Pine Ridge Crossing Airport Rd at Pine Ridge Rd* Airport Rd at Cougar Dr Airport Rd at Naples Blvd/Ardesia Ln Airport Rd at J & C Blvd/Fountainview Dr Airport Rd at Orange Blossom Dr Airport Rd at Emerald Lakes Blvd/Old Groves Rd Airport Rd at Vanderbilt Beach Rd* Airport Rd at Pelican Marsh Blvd/Tiburon Blvd E Control Section 104 Con trot Section 103 RPS 19-7570. p. 15 of 145 Gp 3. Vanderbilt Beach Rd Vanderbilt Beach Rd at Island Walk Blvd Vanderbilt Beach Rd at Logan Blvd Vanderbilt Beach Rd at Vineyards Blvd Vanderbilt Beach Rd at Oaks Blvd Control Vanderbilt Beach Rd at Village Walk ❑rlWillshire Lakes Blvd Section 102 Vanderbilt Beach Rd at Livingston Rd' Vanderbilt Beach Rd at Airport Rd* Vanderbilt Beach Rd at Goodlette-Frank Rd 4. Livingston Road Livingston Rd at Pine Ridge Rd* Livingston Rd at Osceola Trail/Saba) Ridge Way Control Livingston Rd at Orange Blossom Dr Section 101 Livingston Rd at Vanderbilt Beach Rd" "CONSULTANT shall implement cross coordination where two arterials meet. *"The CONSULTANT shall consider this as two intersections when collecting counts but should note that both intersections are controlled by one controller unit. DESCRIPTION OF STUDY A. Study Type: System Analysis This study involves the analysis of two or more signalized intersections in a system in order to develop In -Season and Off -Season signal timing plans to provide coordination and minimize vehicle delay. DESCRIPTION OF TASKS AND DELIVERABLES This section describes the work required in each task and the task product(s). All Data Collection (Part A) tasks and Analysis (Part B) tasks required for a location listed in the authorization shall be submitted to Collier County Traffic Operations for review and approval. Each deliverable shall be covered by an executive summary of the contents of the deliverable, as described in General Requirements, Section B. A. Data Collection ("Part A') Task 1 (FDOT Work Type 5.1: Traffic Engineering Study, Major; Approach Counts - Seven 7 ❑a The CONSULTANT shall collect approach counts for a period of at least seven (7) consecutive days for each direction of travel. Count data shall be recorded by automatic devices furnished by the CONSULTANT. The seven (7) approach counts will be used to determine the operating time periods for each timing pattern developed for each arterial. The CONSULTANT shall determine the RP5 18-7574. p, 16 of 145 9 locations for machine counts, subject to the approval of Collier County Traffic Operations. The counts shall be taken on a regular week with no holidays. Counts shall not be taken at the selected locations during construction or when a detour route is in place through the location. Counts shall not be taken during any break for schools in the area. A seasonal adjustment factor provided by Collier County Traffic Operations shall be required to develop In -Season and Off -Season counts. Task Product The CONSULTANT shall submit approach counts for sections in the study in tabular form, broken down into direction of travel, days and hours in 15 minute increments, and hourly totals (one page per 24 hour period, originating at 12:00 a.m. on each study day). Microsoft Excel shall be used to submit graphed counts, showing timing pattern intervals per section. The format for the tables and graphs shall be approved by Collier County Traffic Operations. The count information and graphs shall be submitted electronically along with two (2) signed and sealed paper copies of the count information. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, feedback and final approval of approach count locations and deliverable data. Task 2 IFDOT Work Type 6.1: Traffic Engineering Study, Maior : Turning Movement Counts - Three (3) D� The CONSULTANT shall collect and summarize eight (8) hours of fifteen -minute turning movement counts for In -Season traffic in the month of January and Off -Season in the month of May at the intersections listed in the authorization, using the procedures contained in the Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS), Chapter IV, "Summary of Vehicle Movements". The counts shall be conducted during the highest eight hours of the day as determined by average approach counts in Deliverable 1, and include the AM peak, PM peak, Mid- day peak and Off-peak periods. The specific time frame for each period shall be determined by the CONSULTANT and approved by Collier County Traffic Operations. The counts shall include trucks. One (1) day of turning -movement counts shall be made on a typical Tuesday, Wednesday, or Thursday. One (1) day of turning movement counts shall be made on a normal Saturday. One (1) day of turning movement counts shall be made on a normal Sunday. Near schools and at all school crossings, the CONSULTANT shall ensure counts are made when school traffic is entering and exiting the campus. Similarly, near significant traffic generators such as churches, warehouses, malls, etc. the CONSULTANT shall ensure counts are taken during entering and exiting hours. Counts shall not be conducted on non -school day, holiday or during special events. A seasonal adjustment factor approved by Collier County Traffic Operations may be required. Pedestrian volume counts shall be included in this task. The pedestrian volume counts shall be done in accordance with Chapter IX, Pedestrian Volume Count of the MOTS. Pedestrian counts may be included on the turning movement count summary. RPS 19-7570. p. 17 of 145 G Task Product The CONSULTANT shall submit turning movement counts in tabular form, broken down by approach with each turning movement separated. The tables shall show the eight hours of data collection divided into 15 minute increments and one hour totals. The format for the count data shall be approved by Collier County Traffic Operations. Turning movement count information shall be submitted electronically along with two (2) signed and sealed paper copies of count information. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and final approval of time periods for turning movement counts and pedestrian counts. Task 3 (FDOT Work Type 6.9: Traffic En-gineering Study, Ma'or : Field Inventory The CONSULTANT shall prepare an inventory of the following traffic signal control devices and field characteristics at all locations listed in the Task Work Order. The inventory shall consist of the following: a) A condition diagram showing: • Number of lanes at each approach and their usage ■ Length of turn lanes • Pedestrian crossing distances ■ Vehicle crossing distances ■ School Zones • Posted speed limit for each approach ■ Any other features the Engineer considers appropriate b) A straight line diagram showing the distance between intersections c) Existing signal and pedestrian phasing if no speed limit is posted for an approach, the CONNSULTANT shall come up with a speed limit appropriate for the traffic characteristics of the approach based on engineering judgment. The CONSULTANT shall obtain approval of these speed limits from Collier County Traffic Operations before used in the calculations for yellow and all red intervals. The CONSULTANT shall develop a reporting format for this inventory that shall be approved by Collier County Traffic Operations. RIPS 19-7570. p. 18 of 145 The CONSULTANT shall contact Collier County Traffic Operations for information and to make arrangements for access to all equipment cabinets. TooLr RrnAk ir+ The CONSULTANT shall submit three (3) paper copies of the field inventory diagram for each location. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the inventory procedure and forms. B. Analysis ("Part B') Task 4 (Fa4T Work Type 6.2: Traffic Signal Timinq, Major): Intersection Analysis The CONSULTANT shall use the latest Collier County approved version of SYNCHRO to run the existing conditions. Note; The SYNCHRO run of the existing conditions must be an accurate representation of the existing conditions. Synchro output shall be calibrated to verify that the SYNCHRO run is an accurate reflection of the existing conditions. The results of the SYNCHRO analysis shall be submitted to Collier County Traffic Operations for review and approval. Task Product The CONSULTANT shall submit both draft and final SYNCHRO files of the existing conditions electronically. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the intersection analysis. RPS 19-7570. p. 19 of 145 Task 5 (FDOT Work Type 6.2: Traffic Signal Timing. Major): Arterial Analysis The latest Collier County approved version of SYNCHRO shall be used to determine the optimal phasing, cycle length and splits. Engineering judgment should always be used in correlation with the software. SYNCHRO analysis shall be used with the following restrictions: • The CONSULTANT shall determine minimum and maximum cycle lengths and increments between cycle lengths to be analyzed and approved by Collier County Traffic Operations. • Average free speed or travel time shall be recommended by the CONSULTANT and approved by Collier County Traffic Operations prior to analysis. TSIPP-Draft (Time-Space/Platoon Progression Diagram Generator) shall be used by the CONSULTANT to refine the offsets from the time -space diagrams generated by SYNCHRO. The bandwidths, speeds, direction of travel, intersection names and offsets shall be shown on each time -space diagram developed in TSIPP-Draft. The offset reference points must be verified through Collier County Traffic Operations before input into Tru-Traffic. The CONSULTANT shall develop a minimum of three (3) in -Season and three (3) Off -Season timing plans, each plan to include Weekday, Saturday and Sunday patterns. Traffic control timing patterns for each section listed in the "Index of Study" shall include AM Peak, Midday Peak, PM Peak and Off Peak patterns. The plots of the volume summary information gathered in Task t shall be used to graphically indicate the time of day operation for each pattern in a section. The results of the SYCHRO analysis and TSIPP-Draft time -space diagrams shall be submitted to the Collier County Traffic Operations as a draft timing report for review and approval. The draft timing report shall contain the following for each system: Each system's time of day operation data. A line sketch showing lane configurations with storage lane lengths, phase numbering and speed limits at each intersection. • Line sketch showing peak hour volume (AM, Noon and PM) information at each intersection, • Controller parameter data. • Coordination parameter data including splits and offsets for each developed pattern. • The offset reference point. • The time space diagrams of all final patterns developed. Tack Prnrh in The CONSULTANT shall submit the draft and final SYNCHRO and Tru-Traffic runs electronically using the most current version. The CONSULTANT shall also provide three (3) paper copies of the final Tru-Traffic runs for each of the timing patterns. RPS 19-7570. p, 20 of 145 G Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of analyses. Task 6 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Development of Controller Timinqs The CONSULTANT shall develop and furnish three (3) paper copies of the final controller timings for all of the intersections listed in the authorization. The CONSULTANT shall also submit this information electronically. Amber and pedestrian clearance intervals shall be derived by use of the ITE methodology. Timing parameters shall be developed per phase for actuated signals as follows: • Minimum Green (Initial) ■ Extension Interval ■ Max I • Yellow Clearance (not less than 4.0 seconds) • Red Clearance • Pedestrian Walk (if applicable) ■ Pedestrian Clearance (if applicable) • Time of Day pattern • Alternate Sequencing (i.e. Lead -Lag) by Time of Day (If applicable) • Splits • Offsets (referenced to beginning of first coordinated phase green) • Cycle Lengths Tark PrrsHi in The CONSULTANT shall submit coordination settings that can be implemented on Collier County's existing signal system. The CONSULTANT shall also submit controller timings that can be implemented on the existing signal system. Three (3) paper copies of controller timings, signed and sealed by a Professional Engineer, shall be furnished on a timing sheet approved by Collier County Traffic Operations. An electronic submittal of this deliverable is also required including all Syncro & Tru-Traffic files. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the recommended coordination settings and timings. RP5 19-7570, p, 21 of 145 G C. Implementation and Evaluation ("Part C') Task 7 (FOOT Work Type 6.2: Traffic Signal Timing, Major): Timing Implementation and Fine Tuning All work under this Task shall be coordinated with all agencies. The CONSULTANT shall notify all affected agencies 48 hours prior to implementing any timing changes. All timings entered must be reviewed in the field immediately after implementation. If equipment at an intersection is not functioning properly and is prohibiting the CONSULTANT from implementing the proposed timings, the CONSULTANT shall assist the maintaining agency in determining the problem. If the problem is determined to be the result of modifications made by the CONSULTANT, the CONSULTANT will be trilled and will reimburse the maintaining agency for the repairs completed. The maintaining agency will be responsible for any repairs to the equipment which must be made to implement the timings. The CONSULTANT shall enter the approved intersection timings, coordination parameters and time-of-day/day-of-week schedules for the time based coordination into the local controller at each location. All system/intersection timing parameters shall also be loaded on to the central computer. The system parameters are not required to be programmed for intersections identified to operate isolated. The CONSULTANT is responsible for conforming to the rules and guidelines set forth by the appropriate maintaining agency in accessing and programming the central computers and local signal controllers. It is the responsibility of the Consultant to ensure that all vehicular and pedestrian signal phases are operating as designed. After implementing the timings, the CONSULTANT shall review the time -of -day and day -of -week timing pattern data and fine-tune this data as required. This evaluation shall be in four stages. Initial field verification shall be conducted immediately after timing plan implementation. The CONSULTANT shall review the operation of the timing plans in the field to verify the correct cycle lengths, splits, and offsets are being implemented by the system and no major timing errors are apparent. This will consist of field observations of controller operation, travel time runs to check offsets and side street/left-turn split performance. The second stage shall include a detailed on -street review of the operation of all timing plans at each intersection to determine the locations at which fine tuning is required due to excessive queues or vehicle delays. Also, the CONSULTANT shall conduct a review of arterial progression using the floating car method for each time -of -day pattern in the system. As many runs in each direction shall be performed for each pattern and the offsets adjusted as necessary. This process should be repeated until the CONSULTANT has fine-tuned the system to his or her satisfaction. The fine tuning of isolated intersections shall include observation of signal operation at the peak and off peak times of an average week day as well as Saturday and Sunday. All necessary fine RIPS 19-7570, p. 22 of 145 G tuning adjustments shall be made to the timing parameters for the most efficient operation of the signal. Once the CONSULTANT has completed this stage of fine-tuning; the CONSULTANT shall notify the Department and the appropriate maintaining agency for agency review. The CONSULTANT shall accompany the Department during this review of the timing patterns. For this review, the CONSULTANT shall provide the Department with copies of the updated timing report and updated Tru-Traffic files after the fine tuning adjustments. For isolated intersections, the CONSULTANT shall provide the Department the updated timing plan of the intersection where adjustments to the timing parameters have been made as a result of CONSULTANT fine tuning, The Department reserves the right to require adjustments be made due to conditions viewed in the field. The third stage will be conducted after the Department's review. The CONSULTANT shall monitor the operation of the timings for a minimum of 30 days and make any adjustments which are necessary as the result of public complaint calls logged by either the Department or the respective maintaining agencies. The third part of fine-tuning shall be known as the public monitoring period. The fourth stage shall involve the process of updating the Timing Report, SYNCHRO/SimTraffic files and Tru-Traffic files with the changes made during the first three stages of the fine tuning process. The central computer and on -street masters shall be updated with all the changes made during the fine tuning process. Task Product Upon approval of implementation and fine-tuning of the timing plans, the CONSULTANT shall provide one (1) signed and sealed copy of the Final Timing Report to Collier County Traffic Operations and an electronic submittal of the final timings. This will include updated SYNCHRO, Tru-Traffic, updated timings in Microsoft Excel and the Signed and Sealed Timing Report in PDF format. Collier County Traffic Operations responsibility during this task • Collier County Traffic Operations shall arrange for access to the central computers and controller cabinets for the CONSULTANT. • The Collier County Traffic Operations shall participate in the review and provide comments. Task 8 (FDOT Work Type $.2: Traffic Signal Timing, Maior): Intersection Evaluation This task includes an evaluation of the SYNCHRO analysis. The traffic volumes, delay, queue lengths etc. are used to determine if signal phase modifications or geometric improvements are needed at the intersections listed in the authorization. RPS 19-7570. p. 23 of 145 !_ir} The CONSULTANT will be responsible for compiling these recommendations into a report which will be used as a basis for the recommended improvements or modifications. The CONSULTANT shall submit a copy of the preliminary Intersection Evaluation report to the Department for review and comments. The CONSULTANT shall then submit one (1) copy of the final Intersection Evaluation report to Collier County Traffic ❑perations. Task Product One (1) copy of the Intersection Evaluation Report. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, comments and approval of the Intersection Evaluation Report. Task 9 (FDOT Work Type 6.2: Traffic Signal Timing, Major): System Evaluation This task includes conducting before and after travel time and delay studies on each arterial listed in the authorization. The before studies shall be conducted by the CONSULTANT prior to the implementation of the timings developed in Task 8. The after studies shall be conducted after the implementation, fine tuning and Department approval of the implemented timings. The Department representatives may also join with the CONSULTANT for the Before and After travel time and delay runs. At least one week prior to the runs, the CONSULTANT shall inform the Department, the day(s) of conducting the runs for the System. The CONSULTANT shall obtain Department approval for the directions, extent and routes of the runs before conducting the runs. The CONSULTANT shall provide the Department with a copy of the Tru-Traffic file(s) of the runs at the end of each day. Before the After studies are conducted, the CONSULTANT shall query all control equipment to assure that the timings in the equipment are consistent with those implemented. The travel time runs for each direction shall be made for three time periods as follows: 1) 7 AM to 9 AM; 2) 11:30 to 1:30 PM; 3) 4 PM to 5 PM, or as directed by the Department. Six (6) runs shall be made for each time period for each direction, The travel time runts may be made on a normal Tuesday, Wednesday or Thursday (but not a holiday). The before and after runs shall be made in similar weather conditions. The dates for travel time studies shall be approved in advance by the DEPARTMENT. A beginning control point shall be established upstream at a distance behind the queue for each direction of run. The CONSULTANT shall distribute the runs over the signal cycle duration to obtain a true picture of the improvements. RP5 19-7570. p. 24 of 145 S The CONSULTANT shall provide and use Tru-Traffic computer program or other approved devices and programs for the before and after studies. The before and after study report shall contain the following information for each arterial. ■ Average before and after travel time • Average before and after travel speed • Average before and after running speed • Average before and after running time • Average before and after number of stops • Average before and after delay times • Average before and after stopped delay This information shall be presented in a tabular form with written documentation summarizing improvements of the after conditions. The CONSULTANT shall submit electronically and in paper form of the preliminary before and after report to the DEPARTMENT for review and comments. Upon approval by Collier County Traffic Operations, the CONSULTANT shall then submit this information electronically and submit one (1) copy of the final before and after report to Collier County Traffic Operations. Tack Pmrli in The CONSULTANT shall provide one (1) paper copy and an electronic submittal of the report. This shall include final before and after Tru-Traffic files. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, comments and approval of the before and after study report. task 10 FOOT Work Ty pe 6.2: Traffic Si q n a I Timin q, Ma'or : Final Report The CONSULTANT shall put together a final signed and sealed report with an Executive Summary to include all work performed for the work assignment. The report shall include an Executive Summary providing overview of study and the final recommendations. The Final Report shall include a comparison of SYNCHRO analysis results of the before and after timing implementation conditions. RP5 19-7570, p. 25 of 145 �1 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any 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. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not -To - Exceed 1 Approach Counts $30,592.18 $ 2 Turning Movement Counts $124,245.18 $ 3 Field Inventory $22,898.02 $ 4 Intersection Analysis $10,805.44 $ 5 Arterial Analysis $40,780.23 $ 6 Development of Controller Timings $22,448.01 $ 7 Timing Implementation and Fine Tuning $146,930.74 $ 8 Intersection Evaluation $6,869.28 $ 9 System Evaluation $23,831.60 $ 10 Final Report $6,055.48 $ 11 Project Management $ 3,801.58 $ Total Lump Sum Fee $439,257.74 $ Total Time and Materials Fee $ $0 GRAND TOTAL FEE $439,257.74 $ $ Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.2 0 13 2.3. ❑■ * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. 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 3.4.1 below. There shaft be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to he performed under the provisions of this Agreement. and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. 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. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. €'at'c 20 of 32 PSA Single Project Agreement 2017.010 Vera 9 B.3.1.1 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. B.3.2. 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.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. 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 this Agreement 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.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cast for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8,14.1.2. 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 §112.061, Fla. Stat. 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. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. 13 3.4.1.5. Expense of models for the County's use. B.3.4.1.6.Other items on request and approved in writing by the COUNTY. 13.3.4.1.7. 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. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.2 8.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 8.3.5. 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. Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.2 G �Yy:IMI Bill 01:1111=11NINir_[9l;I!J1:1'4il CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate NIA NIA I The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. ❑ *Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.2 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/item Description Cumulative Number of Calendar Days_ For Completion from Date of Notice to Proceed for Services under this Agreement 1 Approach Counts 240 Days 2 Turning Movement Counts 240 Days 3 Field Inventory 230 Days 4 Intersection Analysis 125 Days 5 Arterial Analysis 265 Days 6 Development of Controller Timings 265 Days 7 Timing Implementation and Fine Tuning 355 Days 8 Intersection Evaluation 350 Days 9 System Evalution 350 Days 10 Final Report 370 Days 11 Project Management 385 Days Page 24 of 32 PSA Single Project Agreement 2017-010 Ver.2 G SCHEDULE ❑ 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 (1 D) 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. Page 25 of 32 P5A Single Project Agreement 2017.010 Ver.2 9 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, 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 ❑■ No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? Al 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, Page 26 of 32 PS Single Project Agreement 2 017. 010 Ver.2 R) 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 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 $1,000,00 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 hislher 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 15. 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? ❑■ 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. Page 27 4f 32 P S A Single Project Agreement 2017.010 Verl G 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes ❑■ No 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 $ 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 Page 28 of 32 i'SA Single Project Agreement 2017 010 Ver.2 GO 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. 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 deductibleslself-insured retention. Q. 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 D Page 24 of 32 PS Single Project Agreement 2017.010 Ver.2 So ❑ This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE in compliance with the Consultants' Competitive Negotiation Act, Section 287.055. Florida Statutes, Faller, Davis & Associates. 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 " Collier County Traffic Signal Timing & Coordination "project is accurate, complete and current as of the time of contracting. BY: TITLE: President DATE: i /zc/zo Page 30 of 32 I'SA Single Project Agreement 2017.010 Ver 2 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Nicholas Spatola, PE, PTDE FDA - Engineer 2 [Project Manager] 28% Doug Petty, PE, PTQE FDA - Chief Engineer 1 (QC) 2% Edward Jarem, PE, PTOE FDA - Chief Engineer 2 (QA) Less Than 1% Andrew Burke, El FDA -Engineering Intern 10% Zachary Parisi, El FDA - Engineering Intern 10% Isaiah Sadler, El FDA - Engineering Intern 10% David Lopez, El FDA - Engineering Intern 10% Geoff Peace FDA - Chief Designer Less Than 1 % Carol Lynn Loudis FDA - Secretary/Clerical Less Than 1 % Dante Gabriel, PE, PTDE VHB - Chief Engineer 2 Less Than 1% Vinod Vishwanathe, PE VHB - Project Engineer 7% Andrew Panek, El VHB - Engineer Intern 10% Ravi Sabbisetti, PE, PTDE VHB - Project Manager 1 % Adam Davenport VHB - Transportation Data Technician 11% Page 31 of 32 PSA Single Project Agreement 20i 7.010 Ver.2 G I:-��:i�•1nn�� Other: Grant Certifications and Assurances (Description) ❑■ following this page (pages through ❑ this schedule is not applicable Page 32 of 32 PS 5ingie Project Agreement 2017.010 Ver.2 90 EXHIBIT I FEDERAL CONTRACT PROVISIONS UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA) CFDA 20.205 LOCAL AGENCY PROGRAM FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS (375-040-84) The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CPR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. State of Florida Program Management Revision 12117 (Exhibit) I — 1 ctr� EXHIBIT l FEDERAL, CONTRACT PROVISIONS TERMS FOR FEDERAL AID CONTRACTS 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 ortermination 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. Sim,: of Florida Program Management Revision 12117 (Exhibit) I — 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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. 1, 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 State of Florida Program Management Revision i 2/17 (Exhibit) I - 3 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS programs or activities are Federally funded or not); Titles I 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 1X 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 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. Siate of Florida Program Management Revision 12117 (Exhibit) I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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. State or Ftonda Program Management Revision I V 17 (Exhibit) 1 - 5 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS TITLE VI (FDOT APPENDICES A & E) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (I.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 2 1, 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. (2.) Nondiscrimination: The Contractor, 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 materials and leases of equipment. The Contractor 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. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In ail solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor'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. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the 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. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation., termination or suspension of the contract, in whole or in part. state of Florida Program Management Revision 12/17 (Exhibit) I — 6 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS (6,) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) 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)7 (Broadened the scope, coverage and applicability of Title V1 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 I1 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). Stair of Florida Program Management Revision IV17 (Exhibit) I - 7 EXHIBIT II GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY ❑EADLINE TO BE CONSIDERED RESPONSIVE Exhibit II Pate Form 2, 3 Form 275-030-1 1 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 Form 375-030-34 Certification for Disclosure of Lobbying Activities I0-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification (Exhibit) I[ — 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITYOFFIC5 i0117 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, andlor small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBEs. 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 an 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/EgualO000rtunityCoWliance/Account.asox/Login?ReturnUrl=°/o2fEgualOppor tunityCompliance%2f . STATE OF FL0RIDA DEPARTMENT of TRANSPORTATION 27M30.11 FICE DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF10117 Page 2 of 2 ❑BEIAA 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. DBEIAA Plans must be received with the contractors bid or received by the Equal Opportunity Office rp 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: eeoform soadot.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. Faller, Davis & Associates, Inc. adopted this policy and plan. 27"3as 1 B EQUAL OPPORTUNITY OFFICE 12112 Page 1 Df 2 hereafter referred to as "the Company" or "this Company" has Date: By: Corporate FEID No.: 59-2594956 Z5� Signature nc Faller Brown, PE, President Printed name & title DISADVANTAGED BUSINESS ENTERPRISE (`DBE') AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation (FDOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOT and the Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C.. to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FDOT. The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. I. DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FDOT contracts: (2) The Liaison Officer will submit all records, reports, and documents required by FDOT, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of FDOT. DBE LIAISON OFFICER: NAME: Debbie Nelson TITLE: Marketing Manager EMAIL: dnelson@fallerdavis.com ADDRESS: 4200 West Cypress Street, Suite 500, Tampa, FL ��FALLER, DAVIS Et ASS"TES, Inc. HiLDISICHwar [N AON DTIL It 00USlS C�.Ov �Y Section 6 - Required Forms Page 35 :� 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 Faller, Davis 8L Associates, Inc. 59-2594966 TBD during contract negotiations IS THE PRIME A FLDRIDA-CERTIFIED 01SADVANTAGED, VETERAN? Y N 15 THE ACTIVITY OF THIS CONTRACT, MINORITY DR WOMEN BUSINESS ENTERPRISE (DBEIMBE/WIRQ? OR HAVE A SMALL DISADVANTAGED DBE? Y N CONSTRUCTION ? Y I@ BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y Na CONSULTATION? N ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WBE? IQ N OTHER? Y n SDS SA? Y N �J IS THIS SUBMISSION A REVISION? Y N IF 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, SMBSA NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Faller, Davis R Associates, Inc. 8.23.19 Project Manager EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER nspatola@fallerdavis.com 407.644.2116 407.644.2371 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. D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT 4 (tFBIRFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE _ ETHNICITY CODE _ Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian -Pacific American APA Non -Minority Women FALLER, DAMS Et ASSOCIATES, Inc.�� HILH WAY ENGINEERING SPECIALISTS C-.O�TCr �A�rit: RISK. ,ENYlu04Y[N*_OPF0ai3ONS �y Section 6 -Required farms Page 36, COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Part 2 DBE AWARDS/COMMITMENTS Prime A-C Sub Contractor D-F Breakdown by Ethnicity and Gender A I B C ❑ I E F Total to DBE (dollar Amount) Total to DBE (Number) Women Men Total Women Men Total Black American: TBD during contract negotiations Hispanic American: Native American: Asian Pacific American:: Subcontinent Asian American: Non Minority: Total NIA - C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER Faller, Davis & Associates, Inc. DATE 8.23.19 NancyFaller Brown, PE '�' '�'C ' Printed Name ignat re D. SECTION TO BE COMPLETED BY COLLIER COUNTY ACCEPTED BY: DATE Printed Name Signature RPS 19-7570. p, 86 of 145 FALLER, DAVIS Et ASSOCIATES, Inc. � HIGHWAY ENGINEERING Spnhnoffs CoT�re t _ Section 6 - Required Forms Page 37 •''� pESiC-�f+VIRO Nu[n i�I�pp[p Afi0N5 y S STATE OF FL0RIDA DEPARTMENT OF TRANSPORTATION 315-030.30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT aSTi a 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, Faller, Davis & Associates, Inc. Name of Consultant By: 8.23.'19 Date Crt /4A �++.I FALLER DAVIS & ASSOCIATES. Inc HIGHWAY EALINEEAINC SPECIALISTS o�S��,�•.,pe•ME.f• P.,...a.t �j(j1� �.OFL1C7 CUHitLy �� � Section 6 - Required Forms Page 38 STATE OF FLQR I DA DEPARTMENT OF TRANSPORTATION 375-03E�32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCORI MENi „ns 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, daciared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultt/Contraqlor Faller Davis & Associates Inc. By:�CG� date: - •ig Title: 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. I. 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 webs ite (httpsilfwww.apis.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. +� FALLER DAVIS & ASSOGATM Inc ;& HIGHWAY EMLIHEE RIaL SPECIALIONSSTS CO 7Ecy Section 6 - Required Forms 6[TIAY E*ci H ERIsi SPECIiAL1 0410 Page 39 37"30-33 PROCUREMENT 191ol CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 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 of 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 Farm-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: Faller, Davis & Associates, Inc. Nancy Faller By: Brown, PE Date: 8.23.19 At ignature Title: President �� FALLER DAMS &. A550CIATES, Inc, _ H16xWAv EXGIIIEERIIiL SPECIAOSTS C. T'CATlHL]' OESILN•lA�I�OXNCNT.��YVCPACi0N5� Section 5 -Required Forms Page 40 STATE OF FLORIDA DEPARTMENT OF TRAN SPO RT.ATION DISCLOSURE OF LOBBYING ACTIVITIES Is this form applicable to your firm? YES ❑ NO If no, then please complete section 4 below for "Prime" 375-U30.34 PROCUREMENT 02,16 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. bidlofferlapplIcation 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: (mmlddlyyyy) 4. Name and Address of Reporting Entity: ® Prime ❑ Subawardee Tier , if known: Faller, Davis & Associates, Inc. 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: 4200 West Cypress Street, $cite 500 Congressional District, if known; Tampa, FL 33607.411;R -Congressional District, if known: 4c B. Federal DepartmentlAgency: 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, Ml): 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 lier 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 510,000 and not more than $100.000 for each such failure. J� L Signature: R.Gfj'L 27 print Name: anC Faller Brown PE Title: President Telephone No.: 813.261.5136 Date (mm/dd/yyyy): 0812312019 Federal Use Only: Authorized for Local Reproduction Standard Form LLL Rev. 7-97 FALLER, DAVIS Ft ASSDdATE5, Incpool Alt :. HIG SYFY iENGINEERING SPECIALISTS oIsIc[.uixo.uc..nLoocohfieMsC ltI co4nry Section fi -Required Farms Page 41 e� 375-03Q34 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 cr 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 S-ATF ❑T F'(XIDA DFPAI "-MFNTOF TRANSPORTATICN PROCUREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OTC-o /i7 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 1 from printing) or Print only the pages from the sections you need for signature using the printer icon buttons. Advertisement No) Description Solicitation No PI��-1CsP69 Financial Project Number(s) TECHNICAL REVIEW COMMITTEE I DOT TECHNICAL ADVISORS f SELECTION COMMITTEE PUBLIC OFFICERS 1 EMPLOYEES TECHNICAL REVIEW IAWARDS COMMITTEE FOR LOW SID PROJECTS r~ CONSULTANT [CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER J CONSULTANT! CONTRACTOR I TECHNICAL ADVISORS STATE OF FLORIDA DEPAR TM E NT OF TRAWWORTATION 375.030.50 CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION PR OGCRE 3/17 TECHNICAL REVIEW COMMITTEEIDOT TECHNICAL ADVISORS 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 lousiness 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. 1f 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 FLORI DA DEPARTMENT OF TRAN 5PORTATION 375-030 SO PROCUREMENT CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION OGC-03/17 TECHNICAL REVIEW COMMITTEEIDOT TECHNICAL ADVISORS Additional Page Advertisement NoJ Description Financial Project Number(s) Solicitation No Technical Review Committee Members: (Continued) Printed Names Signatures Date DOT Technical Advisors: Printed Names Signatures Date srtiirvr+ro��u�wr�siurnru uuHssvxrnrrerr �rs,smsa CONFLICT OF INTERESTiCONFIDENTIALITY CERTIFICATION +rianr�rrwwr SELECTION COMMITTEE I certlFy Ihot I have no pro coat coriclot of interest an the projacta Identified below, and That I wit recuas myself from any rapacity of decision meking, approval, disapproval, or reownmandatmon of any con suftanticontraclorhrendor for selection on any contract I I have, a Gonfllet of Interest or a potential conflict of fnleresi- As set forth In Sections 112.313 and 334 193, Florida Statutes, employees of the Department may not have any Iriturust, finanolet or otherwise, dlrocl or Indirect. engage in any bits inoes transaclion or pro to9aianaI activity: or accept any obligation of any Idnd which Is in conflcl with the proper conduct of iI%elr duties in tha public Interest. I recognize Ihat employees are expected to hater the ethical obllgatfona InhorenI In public service Tlmese obi lgationa go beyond more Iegg l obllgolions and demand from the employe a gre ale r sensitivity to, his or her conduct, a well ns the public's parooption of such conduct. Employees are axpacted to safeguard their ability to make obja'ctive. fair, and impartial declsIon s, and therefore may not accept benefits of any sort under circumstances in which it could be In is Fred by a reasonable observer iha't time bonont was Won ded to Influence a pending or future decision of (heirs, or to reward a past decision. Employees shautd avoid any conducl (witeUior in the context of business, financial, or social ratado nships) wllieh mcglit undarmliis tha pub lio irusi, whotiler or not that conduct is unethical or lends itself to the a pp in a rance, a I ethical improprlety. I HvH maintain the con fdentialiiy ar all information not made public by the Florids Dapartrrlent of Transportation ("DepartmenI*) related to the procurement of the above -referenced {'Project'} that I galn access to as a result of my involvement with the project (`procurement Inform aIlon'), 1 urderstan d that Procurement Infomlallan In6udes, but Is not Iimtled to, documents prepared ey or for the Department related to procurement of the Project. I also understand Ihai Procurement Information includes, but is not IimIled to, documenis submllted to the Deparime ni by aniittea seeking an award of tha Project ('Proposers"). 1 understonit that Procurement Informalion may include documents submitted by Prope sors related to tellers of responsell eits sa of interest, IEn:hnicaI 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 coat eal+males. 1 also agree not to discue s the Project whit 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 OiRoe oI the Florida Ali omay Gen ara1. 1 will not divulge any Procurement Informa lon except to Irid NIduaIs wrho have executed a Conflict of InterestlConfide ntially Certifration which has been approved by the Department ("Protect Personnel'). I understand that a list of Project Personnel will be maintalnad by Dope rtmant. If 1 am contacted by any member of the public nr the media with a request for Procurement Information, I will promptly forward such request to the Dope Omant's Procurement Office. I will also inaintein security and control over all documants containing Procurement Information which are In my custody. I agree not to soli ciI or accept gratuities, unwarranted privilegos or exemplmons, favors, or anything of vafua from any firm under consideration for an agreement aesocfated with the Project, and I recognize that doing so may be contrary to 0atuinsI ordinances, and rules govemIng or applicable to the Department or may olherwlar, he a violation of the law I agree not to engago in bid tampering, pursuant to Sedlon 838.22, Florida Statutes I realize that viola Man of the above mentioned statutes would be punLvhobi a in accordance with Section 112.317, Section 334.1p3, and Section B38.22, Florida 8IMulon. and could result In discJplima ry aclinn by the Depattrnenl. Advertisement Nod Description Financial Project Number(s) Solicitation No 19-1570 Collier County Traffic &gna! Timing E. Cnnrdlnation 43019_t_ Each undersigned individual aprons to the toinls of this Conflict of InteresdConfidormiiolity Certification, Selection Committee Momhors; Date: May 11(y Yl].�lIl Printed Names Chrialgphpr- fwn A Ensoll 1 rinky . ott- Mario Puente--- G)� ENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCURE SELECTION COMMITTEE Additional Page Advertisement NoJ Descript an Financial Project Number(s) 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 PROCOREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION QGC-R3�17 PUBLIC OFFICERSIEMPLOYEES I certify that 1 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 consultanticontractorlvendar 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 i nvo Iva me nt with the Project (°Procurem ent 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 RORIDA DEPAR TM E NT OF TRANSPORTATION 375-030-50 MET CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION PR OGCRE 31N7 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 G SLATE OF FLORIDA DEPARTMENT OFYRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC - 0N 17 TECHNICAL REVIEWIAWARDS 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 ❑epartment 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"). l 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 competentjurisdiction 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 InteresUConfdentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel wilt be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, l 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): Printed Names Technical Review/Awards Committee Members: Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification, Signatures Date G Contract Nurnber[s]: Printed Names STATE OF fLORI OA DE PARTMf NT Of TRAM 5PORTATI ON M-0s0.50 PROClUREMENT CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION 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 G 37S-03 511 ST ATF Gi Fk OR IGA ❑=. PAR 7ME kl ❑F TRAM S'OR rATI ON PROCUREMENT NT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION an OGC-03117 FOR CONSULTANTICONTRACTOR 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. ConsultantslContractors 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 resporiselletters 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 83B.22, Florida Statutes. Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of InterestlConfidentiality Certification. Printed Names Signatures Date i `t )(1 rr.1 C'4 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC - D3117 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 Cate 9 STAI1 O- FL GR I CIA OE PAR TM E NT OF TRAM 590 RTATI ON M_030.50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC - 63117 FOR CONSULTANTICONTRACTOR/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 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 cr 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 competentjurisdiction 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 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 ❑epartment. 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 19-7570 Collier County Traffic Signal Timing & Coordination 435019-1 Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date Nancy Faller Brown, PE '� 5/29/2020 RPS 19-7570. P. 104 of 145 L 911�1 sus-oao•so PROCUREMENT CONFLICT OF INTERESTICONFIDENTIAUTY CERTIFICATION OGC-0JI7 FOR CONSULTANTICONTRACTORITECHNICAL ADVISORS Additional Page Advertisement No) Description Financial Project Number($) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification - Printed Names Signatures Date GOODLETTE-FRANK RD.VANDERBILT BEACH DR.GOODLETTE-FRANK RD.GOODLETTE-FRANK RD.PINE RIDGE RD.GOODLETTE-FRANK RD.PINE RIDGE MIDDLE SCHOOLSHIRLEY ST.FOREST LAKES BLVD.NAPLES BLVDCROSSINGPINE RIDGENAPLES BLVD ARDISIA LN.YMCACLUBHOUSE DR. PINE WOODS CIR.EUROPA DR. GREY OAKS BLVD.POINCIANA DR. HALSTATT DR.ESTUARY DR. GOLDEN GATE PKWY.GOLDEN GATE PKWY.AIRPORT RD.LIVINGSTON RD.WHIPPOORWILL LN.WHIPPOORWILL LN.I-75 WESTI-75 EASTI-75 WESTI-75 EASTNAPA BLVD.NAPA BLVD.VINEYARDS BLVD.LOGAN BLVD.LOGAN BLVD.SABLE RIDGE WAYOSCEOLA TRAIL ORANGE BLOSSOM DR. FOUNTAIN VIEWJ&C BLVD ORANGE BLOSSOM DR. EMERALD LAKE DR OLD GROVES RD. TIBURON BLVDAIRPORT RD.PELICAN MARSH BLVD VILLAGE WALK CIR.OAKS BLVD.WILSHIRE LAKES BLVD.LIVINGSTON RD.VINEYARDS BLVD.LOGAN BLVD.LOGAN BLVD.ISLANDWALK BLVD.VANDERBILT BEACH RD. $DATE$$TIME$$FILE$ BY DESCRIPTIONDATE BY DESCRIPTIONDATE REVISIONS NO. SHEET $USER$ COLLIER COUNTY TRANSPORTATION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT 2885 S. HORSESHOE DR. NAPLES, FLORIDA 34104Fax: (239) 252-5868 Phone: (239) 252-8260 Naples, Florida 34104 2885 South Horseshoe Drive Collier County Traffic Operations 1497'2032'1932'1232'1002'1364'1053'2734'2609'1986' 1311'1366'559'740' 1779' 893'2851'2815'3122'3183'1833'6600'1220'1911'1038'2631'2042'2026'3950'1295'5357'3776'4336'3589'3025'DR. COUGAR POINCIANA ELEMENTARY SCHOOL PARK BLVD.KENSINGTONOAKS CIR. RUSTIC TRAILOSCEOLAELEMENTARY SCHOOLVINEYARDS1350' 2011'2862'3083' PINE RIDGE RD. TRAFFIC CONTROLLER CONTROLLED BY ONE NOTE: TWO SIGNALS TRAFFIC CONTROLLER CONTROLLED BY ONE NOTE: TWO SIGNALS T-1PROJECT LOCATION MAP COLLIER COUNTY - Signalized Intersection LEGEND NTS 16.A.25.b Packet Pg. 1277 Attachment: 435019-1 Airport & Pine Ridge Retiming Project Location Map (12592 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston FDOT Florida Department of Transportation RON SESANTIS 801 N. Broadway Avenue KEN -IN J. THIRAULT, P.E. GOVERNOR Bartow, FL 33830 SECRETARY May 15, 2019 Pierre -Marie Beauvoir Traffic Management Center (TMC) 2885 South Horseshoe Drive Naples, FL 34104 RE: AGREEMENT NOTIFICATION FM #: 435019-1-38-01 Agency: Collier County Contract No.: G1898 Description: AIRPORT -PULLING RD AND PINE RIDGE RD SIGNAL TIMING Dear Mr. Beauvoir: Attached is the executed LAP Agreement for the above referenced project. The Notice to Proceed (NTP) for the design phase will be issued after the Professional Services Checklist and draft RFP/RFQ are reviewed and approved by the Department. Once the NTP is issued, Collier County will be authorized to begin the design phase of this project. Collier County shall not begin any design activities before the NTP is issued. If I can be of further assistance, please contact me at (239) 225-1958 or e-mail at Simon.shackelfordadot.state. fl.us Simon Shackelford Local Agency Program Coordinator FDOT, District One www.fdot.gov FDOT Florida Department of Transportation RON DESANTIS 801 N. Broadway Avenue KEVIN J. TMBAULT, P.E. GOVERNOR Bartow, FL 33830 SECRETARY April 4, 2019 Edward F. Coyman Jr. Director of Procurement Services Collier County 2885 South Horseshoe Drive Naples, FL 34104 RE: Change of FM Number: 435019-1-38-01 to 435019-1-58-01 Agreement Type: Local Agency Program Agreement (LAP) Project Description: AIRPORT -PULLING RD AND PINE RIDGE RD SIGNAL TIMING FM Number: 435019-1-38-01 To Whom It May Concern: Due to an administrative error by the Department, it is agreed by the undersigned representing Florida Department of Transportation and Collier County regarding above LAP Agreement that: FPN number 435019-1-58-01 is hereby corrected to 435019-1-38-01 and that a formal amendment is not necessary to execute such change. COLLIER COUNTY GOVERNMENT FLORIDA DEPARTMENT OF TRANSPORTAION Edward F. C man Jr. M issa Slater, P.E. Director of Procurement Services Program Management Administrator www.fdot.gov STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 01"0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC 07,17 P.O. 10 Is rrrv: N: Federal No (FAIN): D118-073-B Federal No (FAIN): Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: ACSU Fund: Fund: Org Code: 55014010106 Org Code: Org Code: FLAIR Approp: 780000 FLAIR Approp. / FLAIR Approp, County No:03 (Collier) Contract No: / Local Agency Vendor No: F596000558102 Local Agency DUNS No: 76997790 Catalog of Federal Domestic Assistance (CFDA): 20,205 Highway Planning and Construction T��H,IS/, LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into on 4� IS�4 -2-0 /fbetween the State of Florida, Department of Transportation, an agency (This dath to be entered by 00T only) of the State of Florida ("Department"), and Collier County ("Agency"). NOW, THEREFORE. in consideration of the mutual covenants, promises and repres8ntations in this Agreement, the parties agree as follows: 72-�� 1. Authority: The Agency, by Resolution No.:2.:. V r- " 1'_> ` dated `_>_::r. ��:- - `-. - °'-; " , a copy (Thls date to be entered by DOT only) of which is attached as Exhibit 7' and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in ai nal retiming at mulitole intersections on Airport Road, Pine Ridge Road Vanderbilt Beach Road and Livingston Road, as further described in Exhibit "A", Protect Description and Responsibilities attached to and incorporated in This Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Agency agrees to complete the Project on or before March 31, 2021. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after (he expiration date of this Agreement will not be reimbursed by the Department, 4. Project Cost: A. The total cost of the Project is $ 451.560 (Four Hundred Fifty One Thousand Five Hundred Sixty Dollars). This amount is based upon the schedule of funding in Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $451,560 (Four Hundred Fifty One Thousand Five Hundred Sixty Dollars) and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C, Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: 1. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07i17 Page 2d15 ii. Availability of funds as staled in subparagraphs 51, and 5.M. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments: A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit'X". B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accented in writing by the nPnnrtmenl'c Prefect Manager pri^r to payments. C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 3DO-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. STATE OF FLORIDA. DEPARTMENT OF TfUNSFK)RTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAh1 MANAGEMENT OGG 07!17 Page J 0115 Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all limes during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. K. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "S" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO14 52"!0 :0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— 07!17 Paw 4 of 15 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved: D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aoencv Program Manual, which by (his reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project; which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; `P© STATE OF FLORIOA CEP4.RTMENT OF TRANSPORTATION 525010-4: LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGO- o?", 7 Pages o!15 A. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation, vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and consultant staff at all stages of the Project. B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued, If the Agency fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the "FHWA" removing any unbilled funding or the loss of State appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Agency for future LAP Projects. No cost may be incurred under this Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the dale the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. C. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the slate highway system, then the Department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. G. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be STATE OF FtORIDA OEPARTMENI OF TRANSPORTATION 525W 10-.D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OOC- 07 17 Page 6 o1 15 prepared using the formal prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General, S. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program - specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit "1", Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Ill. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year, However, the STATE OF FLORMA DEPARTMENT OF TRANSPORTATION 5254ID•40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- C-711 T Page 7 of 1S Agency must provide a single audit exemption statement to the Department at FDOTSin IeAudit dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than federal entities). . iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at htt s://harvester.census. ov/facweb/ the audit reporting package as required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAuditCa7dot.state.fl us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. V. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department.- 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; B. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 07f17 Pave Sot 1S vii. The Department's contact information for requirements under this part is as follows Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSin IeAudlt radot.state.fl.us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.B. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand. promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment. however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt. E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. STATE of FLORIOA DEPARTMENT OF TRANSPORTATION 525.010 4D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM ! AOGC-07 NT OGC- .'S 7 Page 9 of 15 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. B. It is understood and agreed by the patties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. C. The Agency shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Agency shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and stale laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 CT R. Part 29. and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. ocho SIATF OF rI ORIDA DFPARI MEW OF TRANSPORTAI ION 525-G104CG LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC_ 07P 7 Page 10 of is B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. C. 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 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 properly 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list- D. 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. E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "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." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52=-0"AC LOCAL AGENCY PROGRAM AGREEMENT PROGRAM IIANAGEMENT OGC- 07,17 Page 11 0' 15 G. 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. 15. Indemnification and Insurance: A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultantslsubconsultants who perform work in connection with this Agreement: "To the fullest 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." This indemnification shall survive the termination of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. To the fullest extent permitted by law, the Agency's consultant 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 consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity " B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Miscellaneous Provisions: A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000. a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1525110_40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07r17 Page 12 d 15 provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.G. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law, If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. K Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any 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. If any funds other than federally -appropriated funds have been paid by the Agency 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 Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, COO STATE OF FLORIDA DEFARTMENI OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07+17 Page 13 c• 15 subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. L. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines: procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: i. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and ii, shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state 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. IF O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits i. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this Agreement. ii, Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement. iii. M If this Project includes Phase 58 (construction) activities, then Exhibit ' C", FHWA FORM 1273, is attached and incorporated into this Agreement. iv. ❑ An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit "D`. Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. j STATE OF FLORIDA DEPARTMENT OF TRANSPORTAMN 525010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07!17 Page 14 01 15 vii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "G", State Funds Addendum, is attached and incorporated into this Agreement. viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit "Cis attached and incorporated into this Agreement. ix. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit'RL" is attached and incorporated into this Agreement. Xi. Z This Project includes funding for traffic signals and/or traffic signal systems. if this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and incorporated into this Agreement. xii. Exhibit "1 Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement. xiii ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "2", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. The remainder of this page intentionally left blank,. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT IN W iTNESS,b'lt'HEREQF the parties have executed this Agreement on the day and AGENCY, COLLIER COUNTj, 'f � STATE OF FL ID PART By- By - Name d Title: ,,` Title: ATTEST' r CIt�G TFI I.KINrl., CLERK in r,, Depty Clerk- p r: r r. Approved as to fonn and Icgality .E 4 � I Jeffrey A. Klatzf:orc>, County Attorney Legal Review: 525-010-40 PROGRAM MANAGEMENT OGC- 0717 Page 15 of 15 r written above. RANSPORTATION APPROVED AS TO FORM AND LEGALITY DON CONWAY, SENIOR ATTORNEY FDOT ."sue v' STATE OF FLORIOA DEPARIMENT OF TRANSPORTATION 52"10•:0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 1I75 race 1 of 1 EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://www.cfda_.qov! Award Amount: $451,560.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: NIA FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles 8 Audit Requirements for Federal Awards OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations lilt{7.:v_.V%v nrietTo�ise ccv,'sites'default?files!an{r7lassc.ls a13 1a133 re.visec 2007.0 if OMB Circular A-133 Compliance Supplement 2014 I lit{):?`+'1R�t4',LV;IItEihGUSE:.f;01,'OnI h; ClfCli�of"!o1 comoliance supp:einent 2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: OMB Circular A-87 (Revised), Cost Principles for Stale, Local and Indian Tribal Governments litt�Li,'.'::w.v✓i�itr{,ousc.�tc�'ior;�b,'c_irc{:1ar5 ra0% 2001 OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments llitl.l::!1^i,e,,y+-VPi{tE;I1ol{sG-.o.oyloir;JrcirCUlbir!i a102' Title 23 - Highways, United States Code ila;isi!USCG(tE.tIGUS�.LUl'1brUt:7er;�rc rm(itihtie23�•i'(!IIIOrI=!rEllrri Title 49 - Transportation, United States Code httLT:r','uscoEie.hc',use.cov? t}rc,•,:sei;treLm�iifIE498eeti�r:_prelim Map-21 - Moving Ahead for Progress in the 215' Century, Public Law 112-141 h?tt3: ti:;rtw,r_'.nG.aOvifdS pf;c'FLAIrJ-112publi41(pdVPL_!,W-112publl41.2dt Federal Highway Administration - Florida Division Iql)] wwl .fhr_•va.clot cov41divl Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) 0-CA0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01L40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT oGc Den06:1 s Page 7 o1 5 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 9 5 61 45a M `I -� Q I This exhibit forms an integral part of the Local Agency Program Agreement between the Stale of Florida, Department of Transportation and PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: Approximately 17.250 miles PROJECT DESCRIPTION. The project includes the retiming of thirty seven (37) intersections listed below. The work will include conducting traffic counts, developing timing plans, timing plan implementation and fine tuning each signalized intersection for optimum performance. Airport Road and Pelican Marsh/Tiburon Blvd Airport Road and Vanderbilt Beach Drive Airport Road and Emerald Lake Drive Airport Road and Orange Blossom Drive Airport Road and Jay and Cee Blvd/Fountain View Airport Road and Naples Blvd/Ardisia Lane Airport Road and Cougard Drive Airport Road and Pine Ridge Road Airport Road and Pine Ridge Crossing Airport Road and Clubhouse Drive/Rustic Oaks Circle Airport Road and Pine Woods Circle/Europa Drive Airport Road and Poinciana Drive/Grey Oaks Blvd Airport Road and Poinciana Elementary School Airport Road and Estuary Drive/Halstatt Drive Airport Road and Golden Gate Parkway Vandrebilt Beach Drive and Goodlette-Frank Road Vandrebill Beach Drive and Livingston Road Vandrebilt Beach Drive and Wilshire Lakes Blvd/Village Walk Circle Vandrebilt Beach Drive and Oaks Blvd/Vineyards Elementary School Vandrebilt Beach Drive and Vineyards Blvd Vandrebilt Beach Drive and Logan Blvd Vandrebilt Beach Drive and Islandwalk Blvd Livingston Road and Orange Blossom Drive Livingston Road and Sable Ridge Way Livingston Road and Pine Ridge Road Pine Ridge Road and Goodlette-Frank Road Pine Ridge Road and Pine Ridge Middle School Pine Ridge Road and Shirley Street and Forest Lakes Blvd Pine Ridge Road and Naples Blvd Pine Ridge Road and Pine Ridge Crossing Pine Ridge Road and YMCA Pine Ridge Road and Osceola Trail/Kensington Park Blvd 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Pine Ridge Road Pine Ridge Road Pine Ridge Road Pine Ridge Road Pine Ridge Road SPECIAL CONSIDERATIONS BY AGENCY: and Whippoorwill Lane and 1-75 West and Eastside Ramps and Napa Blvd and Vineyards Blvd and Logan Blvd 525-3104C PROGRAI,1 MANAGEMENT UGC • DE' Page 2 of 3 The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Right-of-way requirmenis and certification will be provided to the Department prior to the issuance of a construction Notice to Proceed b) Construction contract to be let by January 1, 2019 c) Construction to be completed by January 1, 2021 d) Projects final invoicing and closeout documentation by March 31, 2021 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: If this schedule cannot be met, the Agency will notify the Department in writing prior to December 1, 2020 with a revised schedule or the project is subject to the withdrawal of federal funding. All work to be conducted outside of the Department Right -of -Way shall adhere to 1) The current Florida Greenbook standards, as amended 2) At a minimum follow the LAP Specifications All work to be conducted within the Department Right -of -Way shall adhere to the following: 1) The FDOT most current standard specification for road and bridge construction, and 2) The FDOT most current roadway and traffic design standard and design criteria from the PPM, or other FDOT Adopted criteria For all projects the following will apply: 1) Section 287 055, F.S. "Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal funds 2) FDOT "Project Development and Environmental Manual" 3) The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- STATE OF FLORIDA DEPARTMEN7 OF TRANSPORTATION 525L10-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MAOGC-DENT occ aa.�, a Page 3 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and all other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in Fiscal Year 2018/2019 for Construction services. oc&8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS d FPN: 435VT9 —58=UT Collier County 3299 Tamiami Trail East, Suite 700 Naples, FL 34112-3969 52c010-406 PROGRAM. MANGEMENT OGC " 08?t: Page 7 el I _ FUNDING it) TOTAL i2j (3) (4) TYPE OF WORK TOTAL Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS tanning-18 FY: FY: _ FY: — Total Planning Cost .Project Development & Environment (PD&E) - 28 FY: F Y: _ FY. _ - -- -- -- Total PD&E Cost �~ Design - 38 FY: F Y: _ FY: -- Total Design Cost Right -of -Way - 48 FY. FY: _ FY: Total Rlohl-of-Wav Cost Construction-58 FY: 2018/2019 F Y: $451.560 451560 FY: FY: — �T Total Construcllon Cost 5 451.560 T T $ 451.560 onstruction Engineering and Inspection (CEI) - 68 FY: — FY — F Y: — Y ^ R� Total CEI Cost - perations - BS l FY: - V — F Y: FY: — Total Operations Costs TOTAL COST OF THE PROJECT $ 451,56D ; 461.560 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after theist of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. O�AO STATE OF FLORZA DEPARTMENT OF TRANSPORTATION 525.010-40C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— Gc� I S Page 1 0' 1 EXHIBIT "C" FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY 7'O "I'HE PUBLIC — COINIPL1ANCE NVITH FH%vNA 1273, The 273 version dated Nlay 1, 2012 is appended in its entirety to this Exhibit. f HWA- 1273 may also be refereneed on the Dcparlment's website at the following, UR[- address: Sub -recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in F] I%N'A- 1273. OCAO STALE OF FLORIDA DEPART N,ENT OF TRANSPORTATION 525.0104017 LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MAOGCE— DWI 5 DWI OGC Page 1 0' 2 Exhibit "E" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor') agrees as follows: {1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") 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 contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub -contractors, including procurements of materials and leases of equipment. The contractor 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. (3.) Solicitations for Sub -contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of rare, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 'vA91 STATE Or FLORIUA DEPARTMENT Of TRANSPORTATION 5225 010 40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MA.NAGEIdENT OGC— 0& 1 5 Pale 2 M 2 Federal hlotor Carrier Safety Administration may determine to be appropriate, including, but not limited to - a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, [hat, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.0 § 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). 0 STATE OF FLORIDA DEPARTMENT OF TRkNSPORTAT1014 525{ICIACF LOCAL AGENCY PROGRAM AGREEMENT PROGF."i M-%NAGEMENT OGc- Gels Page 1 V 1 EXHIBIT "F" AGENCY RESOLUTION The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. STATE OF FLORiDA DEPARTMENT OF TRANSPORTATION 525.0,. 40T LOCAL AGENCY PROGRAM AGREEMENT PROGRAtl IAA NAGEWENT OGC - oa: * Pa;et oft EXHIBIT "T" TRAFFIC SIGNAL. MAINTENANCE Paragraph 161 is modified to include the following provisions: 1 When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2 The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient as possible. 3 The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices. intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the burn -in period between conditional and final acceptance, are contained in the most recent Department's Standard Specifications for Road and Bridge Construction. 5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage). The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to the Agency. 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may specify modifications.. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the Agency CAO) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52`-0IC-67T LOCAL AGENCY PROGRAM AGREEMENT PAC-GRArJ• MANAGEMENT OGC - 0E 15 Pa^e 2 cl 2 8. The Agency shall note in the maintenance log any timing andlor phasing changes and keep a copy of the timings and any approval documentation in a file- 9 The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual covenants contained in this Exhibit. The Agency shall furnish a copy of such agreements to the Department. 10 This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance and Compensation Agreement between the Department and the Agency ICAO RESOLUTION NO.2018 - 15 9 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS PARTICIPATION IN SIGNAL RETIMING AT MULTIPLE INTERSECTIONS ON AIRPORT ROAD, PINE RIDGE ROAD, VANDERBILT BEACH ROAD, AND LIVINGSTON ROAD. (FPN 435019-01-58-01) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement (the "Agreement") with Collier County, wherein FDOT will participate, to a maximum amount of $451,560, for signal retiming at multiple intersections on Airport Road, Pine Ridge Road, Vanderbilt Beach Road, and Livingston Road (FPN 435019- 01-58-01); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I . The Board of County Commissioners approves and authorizes its Chairman to sign the Agreement pertaining to FPN 4' `O 19 "' G O-01. Sb� 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 71-4�,day of-2 �, 2018. ATTEST: Crystal K. Kinzel, Clerk Ey': as 0 € airma!kputy Clerk S;�ttn�tiry' 0>�iy. Appro4.ed a tT form and legality: Jeffrey A. kla6kow County Attorney i BOARD OF COLWrY CO ISSIONERS OF COLLIER J?UNTY, - DA I, Crystal K. Kinial, Clerk of Courts In and for Cabe Cou*" s, ; -. do has tartly that the is a hue aridcoirred ' ` cop Inal N f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Naples FL 34112 3295 Tamiami Trail E Collier County Board of County Commissioners Collier County Board of County Commissioners is included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non-contributory basis if and to the extent required by written contract. Description: Collier County Traffic Signal Timing & Coordination Contract No: 19-7570 FDA Project No: 626.00 2,000,000Aggregate 2,000,000Each Claim 04/22/202104/22/2020EO000028656-06 Professional Liability D 1,000,000 1,000,000 1,000,000 8 08/18/202008/18/20199700000211-191NC 3,000,000 3,000,000 05/01/202105/01/202021SBATY0970 88 A 1,000,000 05/01/202105/01/202021UECHF9308Y 8 B 2,000,000 2,000,000 1,000,000 10,000 300,000 1,000,000 05/01/202105/01/202021SBATY0970Y 8 Contractual Liability8 8 8 A 122000HARTFORD ACCID & IND CO 10120EVEREST NATL INS CO 22357HARTFORD ACCID & IND CO 38261HARTFORD INS CO OF THE SOUTHEAST 33607FLTampa 4200 W Cypress St Faller Davis & Associates Inc dianel@bgains.com 8138764166 Diane Lippincott 33609FLTampa 3617 Henderson Blvd Brier Grieves Agency 6/3/2020 16.A.25.d Packet Pg. 1278 Attachment: 19-7570 Faller Davis&Assoc_Insurance_6-10-20 (12592 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project)