#19-7570 (Faller, Davis & Associates, Inc.)PROFESSIONAL SERVICES AGREEMENT
Contract # 19-7570
for
Collier Countv Traffic Sianal Timina & Coordination "
0 CCNA ❑NON GGN,A
THIS AGREEMENT is made and entered into this _- 141, day of , 20 20 by
and between the Board of County Commissioners for Collier County, rids, 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")
WITNESSETH:
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,
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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:
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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
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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 DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through 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 CONSULTANT's 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:
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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 transmil
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:
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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
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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 so as to reasonably establish
to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under 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.
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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 or AutoCAD 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 COUNTY'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, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify
and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
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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.
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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 CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached 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
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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.
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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.
13.2.07 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
PS 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:
Tranportation Engineering Division
Jay Ahmad
Address: 2885 Horseshoe Drive S
Naples, Florida 34104
Administrative Agent/PM: Chris Ordonez
Telephone: (239) 252-5136
E-Mail(s): Christopher.Ordonez@colliercountyfl.gov
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
Tampa, Florida 33607
Attention Name & Title: Nancy Faller Brown, President
Telephone: (8.1.3) 261-5136
E-Mail(s): nfbrown@fallerdavis.com
Page 13 of 32
PSA Single Project Agreement 2017.010 Ver.2
9
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
■❑ Schedule E CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: Grant Certifications and Assurances
Solicitation # 19-7570 including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
Page 14 of 32
PSA Single Project Agreement 2017.010 Ver.2
CA
\-7
17.10. ❑E Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. 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 Single 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 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision -making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision -making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
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 of 32
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:
Crystal K. Kinzel, Clerk of Courts &
Comptroller
By:
Date:
Aitist an
as-ta Cbrli's
signature `' �' J
roved as to F nd,Leg8lity:
County Attorney
S , � P-
Name
Consultant's Witnesses:
Witness
-Lle �ODPEI2,.�lR A►.
Name and Title
6a
Witness
�_Qth Sri rQ,7 C�orC) . � r
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
i
Burt L. Saunders , Chairman
Consultant:
Faller, Davis & Associates. Inc.
By:
Nancy Faller Brown, PE, President
Name and Title
Page 17 of 32
PSA Single Project Agreement 2017 a 10 V
A
SCHEDULE A
SCOPE OF SERVICES
❑■ following this page (pages 1 through 14 )
Page 18 of 32
PSA Single Project Agreement 2017.010 Ver.2
�O
EXHIBIT A
SCOPE OF SERVICES
TRAFFIC ENGINEERING & CONSULTANT SERVICES
COLLIER COUNTY TRAFFIC OPERATIONS
TRAFFIC SIGNAL TIMING & COORDINATION
RPS 19-7570, p. 12 of 145
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.................................................................................................3
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")......................................................................................5
Task 1:
Approach Counts - Seven (7) Day..................................................5
Task 2:
Turning Movement Counts - Three (3) Day.....................................6
Task 3:
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
RPS 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 timing 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.
RPS 19-7570, p. 14 of 145
9
INDEX OF STUDY
A. Project Inventory - There are thirty-seven (37) intersections included on this Scope for study and
retiming:
Pine Ridge Road
Pine Ridge Rd at Logan Blvd
Control
Section 104
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 Plaza/YMCA
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/Shirty 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
Control
Section 103
Airport Rd at Estuary Dr
Airport Rd at Poinciana Elementary 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
RPS 19-7570, p. 15 of 145
9
3. Vanderbilt Beach Rd
Vanderbilt Beach Rd at Island Walk Blvd
Control
Section 102
Vanderbilt Beach Rd at Logan Blvd
Vanderbilt Beach Rd at Vineyards Blvd
Vanderbilt Beach Rd at Oaks Blvd
Vanderbilt Beach Rd at Village Walk DrMlillshire Lakes Blvd
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/Sabal 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 6.1: Traffic Engineering Study, Maior):
Approach Counts - Seven (7) Day
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
RPS 19-7570, 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 (FDOT Work Type 6.1: Traffic Engineering Study, Major):
Turning Movement Counts - Three (3) Day
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 MUTS. Pedestrian counts
may be included on the turning movement count summary.
RPS 19-7570, p. 17 of 145
0_10
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 6.1: Traffic Enqineerinq Study, Major):
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.
RPS 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.
Task Product
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 (FDOT Work Type 6.2: Traffic Signal Timing, Maior):
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
`'1 o
Task 5 (FDOT Work Type 6.2: Traffic Signal Timing, Malor):
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.
TS/PP-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 TS/PP-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 1 shall
be used to graphically indicate the time of day operation for each pattern in a section.
The results of the SYCHRO analysis and TS/PP-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.
Task Product
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
0119-
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 Timings
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
Task Product
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.
RPS 19-7570, p. 21 of 145
9
C. Implementation and Evaluation ("Part C')
Task 7 (FDOT Work Type 6.2: Traffic Signal Timing, Maior):
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 billed 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
RPS 19-7570, p. 22 of 145
t y'
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, SYNCH RO/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 6.2: 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
-f
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 Operations.
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 6 PM. or as directed by the Department. Six (6) runs shall be
made for each time period for each direction. The travel time runs 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.
RPS 19-7570, p. 24 of 145
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.
Task Product
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 (FDOT Work Type 6.2: Traffic Signal Timing, Maior):
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.
RPS 19-7570, p. 25 of 145
l'3r11
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
G
B.2.2. ❑* Time and MateF'a' Feesi The fees noted in Seetien B.2. 1. shall eGRStitHte the affiGHAtS
With eaGh monthly Applieatieici feF PayMeRt, GONSYLTANT shall submit detailed time FeG&fEI&7
B.2.3. 0* 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 shall 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 be 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.
Page 20 of 32
PSA Single Project Agreement 2017.010 Ver.2
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. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. 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.
B.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.
B.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
PS Single Project Agreement 2017.010 Ver.2
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.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
SCHEDULE B — ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
N/A N/A
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
PS 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
9,
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self -insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
Page 25 of 32
PS Single Project Agreement 2017.010 Ver 2
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 ❑E No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement?❑ 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 2017.010 Ver.2
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 his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes ■❑ No
16, Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑ Yes ■❑ No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement?❑ 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 of 32
PSA Single Project Agreement 2017,010 Ver.2
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 FO-1 No
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
Per Occurrence.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement?❑ 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
PS Single Project Agreement 2017.010 Ver.2
CA O
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 deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
Page 29 of 32
PS Single Project Agreement 2017.010 Vert
❑ 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 8r 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 8r Coordination "project
is accurate, complete and current as of the time of contracting.
BY:
TITLE: President
DATE.
Page 30 of 32
PSA Single Project Agreement 2017 010 Ver 2
SCHEDULEF
KEY PERSONNEL
Name
Personnel Category
Percentage
of Time
Nicholas Spatola, PE, PTOE
FDA - Engineer 2 (Project Manager)
28%
Doug Petty, PE, PTOE
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, PTOE
VHB - Chief Engineer 2
Less Than 1 %
Vinod Vishwanatha, PE
VHB - Project Engineer
7%
Andrew Panek, El
VHB - Engineer Intern
10%
Ravi Sabbisetti, PE, PTOE
VHB - Project Manager
1 %
Adam Davenport
VHB - Transportation Data Technician
11 %
Page 31 of 32
PSA Single Project Agreement 2017.010 Ver.2
G
SCHEDULE G
Other: Grant Certifications and Assurances
(Description)
❑■ following this page (pages 1 through 31 )
❑ this schedule is not applicable
Page 32 of 32
PSA Single Project Agreement 2017,010 Ver.2
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 CFR 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,
l ) 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 12/17
(Exhibit) I — 1
G
EXHIBIT I 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 or termination
without restriction or limitation on their use and will be made available, upon request, to the Agency at any
time during the performance of such services and/or completion or termination of this Agreement. Upon
delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance
with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent
any invention developed under this agreement. The Agency will have the right to visit the site for inspection
of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of
any nature may be entered into by the parties hereto with regard to the work to be performed hereunder
without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement
notwithstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector
General, the Comptroller General of the United States, or any of their duly authorized representatives to
any books, documents, papers, and records of the consultant which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to
nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation Title 49, Code
of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not
discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the
selection and retention of subcontractors, including procurements of material and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5
of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
made by the Consultant, either by competitive bidding or negotiation for work to be performed under a
subcontract, including procurements of materials and leases of equipment, each potential subcontractor or
supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the
Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability,
religion or family status.
State of Florida Program Management Revision 12/17
(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.
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida
Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or
Federal Motor Carrier Safety Administration may determine to be appropriate, including; but not limited
to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in
every subcontract, including procurements of materials and leases of equipment unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with
respect to any subcontract or procurement as the Local Agency, Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a
means of enforcing such provisions, including sanctions for noncompliance. In the event a
Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier
as a result of such direction, the Consultant may request the Local Agency to enter into such
litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request
the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973,
(23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation
Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all
of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such
State of Florida Program Management Revision 12/17
(Exhibit) I — 3
CA`
EXHIBIT I FEDERAL CONTRACT PROVISIONS
programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,
which prohibit discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -
- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions
to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures
non-discrimination against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority and low-income
populations; Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because
of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be
admitted to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public
body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract
or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other
political subdivisions of States; and public corporations, boards, and commissions established under the
laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the
following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements
between the Consultant and any subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to
carry out these 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.
State of Florida Program Management Revision 12/17
(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 of Florida Program Management Revision 12/17
(Exhibit) I — 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:
(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 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 all
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
G.
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, 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 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),
(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).
State of Florida Program Management Revision 12/17
(Exhibit) I — 7
EXHIBIT II
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
Exhibit II Paze Form
2,3 Form 275-030-1 I 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
10-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification
(Exhibit) II — 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE
0/17
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/.
DBE Reporting
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:
https://www3.dot.state.fl.us/EgualOpportunitvCom pliance/Account.asgx/Login?ReturnUrl=%2fEgualOppor
tunityCompliance%2f .
G
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE
,0/,7
Page 2 of 2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11 B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office 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: eeoforms@dot.state.Mus.
The Department will review the policy, update department records and issue a notification of approval or
disapproval, a copy of the submitted plan will not be returned to the contractor.
275-030-116
EQUAL OPPORTUNITY OFFICE
12/12
Page 1 of 2
Faller, Davis & Associates, Inc. hereafter referred to as "the Company" or "this Company" has
adopted this policy and plan.
Date: 8, 23.19 By
Corporate FEID No.:
59-2594956
J,4 ( �- "-" Signature
Mac Faller Brown, PE, President Printed name i I &tte
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
07
FALLER, DAVIS Et ASSOGATES, Inc
..._„ HIGHWAY ENGINEERING SPECIALISTS C01fle7 COHriL?
I- C. �[ilV,NON MU [ N U. .1"AlIONS Section 6 - Required Forms Page 35 �`:AO
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 I PRIME FEID NUMBER I CONTRACT DOLLAR AMOUNT
Faller, Davis & Associates, Inc. 59-2594956 JTEID during contract negotiations
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED,
VETERAN?
Y
U
IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE?
Y
N
CONSTRUCTION ? Y
O
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
BUSINESS 8A CERTIFICATION FROM THE SMALL
MBE?
Y
O
CONSULTATION? Q
N
BUSINESS
ADMINISTRATION? OR A SERVICE DISABLED VETERAN?
WBE?
YO
N
OTHER? Y
NO
SDB 8A?
Y
N
IS THIS SUBMISSION A REVISION? Y N
JIF YES, REVISION NUMBER
I B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL I
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE, MBE, WBE I SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICBelow) ITY E I DOLLAR AMOUNT I PERCENTDOLLARS TRACT
VET, SMB8A NAME SPECIALTY (See
TOTALS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER I DATE I TITLE OF SUBM -FER
Faller, Davis & Associates, Inc. 18.23.19 jProject Manager
I EMAIL ADDRESS OF PRIME (SUBMITTER) I TELEPHONE NUMBER I FAX NUMBER I
Inspatola@fallerdavis.com 1 407.644.2116 1407.644.2371 1
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.
ETHNICITY
CODE
Black American
BA
Hispanic American
HA
Native American
NA
Subcont. Asian American
SAA
Asian -Pacific American
APA
Non -Minority Womenj
NMW
Other: not of any other group listedi
0
D. SECTION TO BE COMPLETED BY COLLIER COUNTY I
DEPARTMENT NAME I COLLIER CONTRACT # (IFB/RFP or PO/REQ) I GRANT PROGRAM/CONTRACT
iACCEPTED BY: I DATE I
�� FALLER, DAVIS a ASSOOATES, Inc.
HIGHWAY ENGINEERING SPECIALISTS / ` Section 6 - Required Forms Page 36 4
O EWAY N GI N ENGINEERING
SPECIALISTS
CO r C.OMrity r
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
D I E I 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
N/A -
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER Faller, Davis & Associates, Inc. DATE 8.23.19
Nancy Faller Brown, PE
Printed Name 4ignatdre
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY: DATE
Printed Name Signature
RPS 19-7570, p. 86 of 145
FALLER, DAVIS a ASSOOATES, Inc.
HIGHWAY ENGINEERING SPEUAu51S
DESICN ENVIPON—AL O—ATION
��](
CoLLTer count
_-----.�� y
Section 6 - Required Forms Page 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PRocuREMENT
osna
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:
FALLER, DAVIS & ASSOCIATES, Inc. �
HIGHWAY ENGINEERING SPECIALISTS Come, Couynt
DHILN IN VINO NMENTAI DPERAtIONS �
8.23.19
Date
eft o
Section 6 - Required Forms Page 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT
11
INELIGIBILITY AND VOLUNTARY EXCLUSION- n5
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consult t/Contracjtor: Faller, Davis & Associates, Inc.
By: . ez t CJ `
Date: •19
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.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
FALLER, DAVIS EtASS00ATES, Inc. at�
HIGHWAY ENGINEERING SPECIALISTS Coi6ercoHnty
90DESICN I ENVIRONMENTAL - OPERATIONS ------ Section 6 - Required Forms
04()
Page 39
376-030-33
PROCUREMENT
10/01
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
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The prospective participant also agrees by submitting his or her proposal that he or she
shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
Name of Consultant: Faller, Davis & Associates, Inc.f,�����
Nancy Faller
By: Brown, PE Date: 8.23.19 A hollzed Signature
Title: President
FALLER, DAVIS Et ASSOCATES, Inc. � }�
HIGHWAY ENGINEERING SPECIALISTS Coffer Count
MIGN i ENVINONMEN7AL i OPUA71ONf ��?Section 6 -Required Forms Page 40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISCLOSURE OF LOBBYING ACTIVITIES
Is this form applicable to your firm?
YES ❑ NO
If no, then please complete section 4
below for "Prime"
375-030-34
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. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
X❑ 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, Suite 500
Congressional District, if known:
Tampa, FL 33607-4168
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
111121
Signature:
Faller Brown PE
Print Name: anC Y ,
Title: President
Telephone No.: 813.261.5136 Date (mm/dd/yyyy): 08/23/2019
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
`RA FALLER, DAVIS Et ASSOOATES, Inc.
Y HIGHWAY ENGINEERING SPECIALISTS Ci0 kyCounty
US -I. EHVIPONA,EN7AL i OP -TONS _,.--.�_,.. Section 6 - Required Forms Page 41
375-030-34
PROCUREMENT
04114
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
375-030-50
STATE OFFLORI DA DEPARTMENT OF TRANSPORTATION PROCUREMENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17
Information entered on this page will carry over to subsequent pages.
When completed: Print this document to PDF by choosing File, Save as, and selection PDF as the file
type (excluding page 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
VERSIONS
Financial Project Number(s)
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES
TECHNICAL REVIEW /AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER I
CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS j
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCRE 3/17
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above-rbferenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./ Description
Solicitation No
Printed Names
Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Signatures Date
0-140
STATE OFFLORI DA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/ll
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Printed Names
Technical Review Committee Members:
(Continued)
Signatures
DOT Technical Advisors:
Signatures
Date
Date
STA!t U/ HUalUA Uf PAi1JA1N1 fl IRAN''SYll.am AaaON N!'070-so
MMONT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FRO
MC-U20
SEHL,E:CTiON COMMITTEE
I ramify that I have no proscnt conflict of interest on the projects identified eetow, and that I will recusa myself from any caparlty of decision
making, approval, disapproval, or recommendation of any consultant1contractorlvendor for selection on any contract it 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, finaancial or otherwise, direct or Indirect engage In any business transaction or professional activity: or accept any obiigatJon
of any kind which is hm conflict with the proper conduct of their duties in the public interest.
i recognize that employees are expected to honor tho ethical obligations Inherent In public service These obligations go beyond more legal
obligations and demand from the employee a greater senshiv!ty to his or her conduct, ns writ as the public's perception of such conduct.
Employoos are expected to safeguard their ability to make objective, fair, mild impartial decisions, and therefore may not accept benefits of any
sort undur circumstances in which it could be Inforred 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 (Mietlier in the context of business, financial, or social
relationships) which m:9ht undermine Umo public trust, whelhor or not that conduct is unethical or tends Itself to the appenranco,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, bul Is not limited to, documents prepared oy or for the Department related to
procurement of the. Project. I also understand (hat Procurement Information includes, but is riot limiled to, documents submitted to the
Department by entities seeking an award of the Project ('Proposers'), i underotand that Procurement Information may Include documents
submitted by Proposers related to letters of responseflelters 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
ruviewdocuments submitted by Proposors, and information regarding Project cost ealimates. 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 vAio have executed n Conflict of Interest/Confidentiaiily 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 ayrae not to solicit ar accept gratuities, unwarranted privileges or exemptions, favors, or anything of valua from any firm under consideration
for an agreement associated with the Project, and I recognize Mal do,ng so may be contrary to statutes, ordinances, and rules goveming or
applicable to the Department or may otherwise he a violation of the law
I agree not to engage In bid 6impering, pursuant to Section 838.22, Florida Statutes
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and Section
838.22, Ftorldn Statutes, and could result in disciplinary action by the Department.
Advertisement No,/ Description Financial Project Number(s)
Solicitation No
19-7670 Collier County Traffic Signal Tlminn & Coordination 43019.1__._
Each undersigned individual agroos to tale terms of this Conflict of Interest/Confidentiality Certification
Selection Committee Members:
Date: Mov Ll =
Printed Names
Christopher Ordonez ._� 1
ftany Ensell�
lYinity Scott _
.Mario Puonle _
W01
STATE OFFLORI DA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 3/ll
SELECTION COMMITTEE
Additional Page
Advertisement No) Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
STATE OFFLORI DA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
PUBLIC OFFICERS/EMPLOYEES
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or
employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or
professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in
public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater
sensitivity to his or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial
decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer
that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or
employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might
undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. ► will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action.
Advertisement Nod Description Financial Project Number(s)
Solicitation No
Printed Names
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Signatures Date
G
STATE OF FLO R IDA DEPARTMENT OF TRANSPORTATION 375-030-SO
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR 06CR FOM3/17
ENT
PUBLIC OFFICERS/EMPLOYEES
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
ME
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROGCRE3/N7
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of
decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a
conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the
Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional
activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere
legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such
conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits
of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a
pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of
business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends
itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or
Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Printed Names
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Signatures
Date
G
Contract Number(s):
Printed Names
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-SO
MENT
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROGCRE 3/17
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
0-10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
STATE OF FLO R IDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC - 03/17
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Printed Names
Signatures
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to
the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
Advertisement No./ Description Financial Project Number(s)
Solicitation No
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 c��-�Gz z5,r ' - 5/29/2020
RPS 19-7570, p. 104 of 145 G
STATE OFFLORI DA DEPARTMENT OF TRANSPORTATION 375-030-SO
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
oec - o3/n
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
Additional Page
Advertisement No./ Description Financial Project Number(s)
Solicitation No
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
A C? �F
lv(J//`LCERTIFICATE OF LIABILITY INSURANCE
P776MM/DD/YYYY)
/3/2020
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.
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).
PRODUCER
Brier Grieves A enC
g Y
3617 Henderson Blvd
Tampa FL 33609
UUNIACI NAME: Diane Lippincott
PHONE 8138764166IFA
A/C, No, Ext : (A/C, No):
ADDRESS: dianelGaftains.corn
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: HARTFORD INS CO OF THE SOUTHEAST
38261
INSURED
Faller Davis & Associates Inc
4200 W Cypress St
Tampa FL 33607
INSURER B : HARTFORD ACCID & IND CO
22357
INSURER C : EVEREST NATL INS CO
10120
INSURER D : HARTFORD ACCID & IND CO
122000
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
NSR LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
(MM/DD/YYYY)
(MM/DD/YYYY)
LIMITS
)C
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE � OCCUR
REM
PISES (Ea occurrence)
$ 300,000
MED EXP (Any one person)
$ 10,000
x
Contractual Liability
PERSONAL & ADV INJURY
$ 1,000,000
A
Y
21SBATY0970
05/01/2020
05/01/2021
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
I
PRODUCTS -COMP/OP AGG
$ 2,000,000OTHER:
K POLICY jE LOC
$
AUTOMOBILE LIABILITY
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
x ANY AUTO
BODILY INJURY (Per accident)
$
B
OWNED SCHEDULED
AUTOS ONLY AUTOS
Y
21UECHF9308
05/01/2020
05/01/2021
(Per accident)
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
x
UMBRELLA LAB
x
OCCUR
EACH OCCURRENCE
$ 3,000,000
A
EXCESS LAB
CLAIMS -MADE
21 SBATY0970
05/01/2020
05/01/2021
AGGREGATE
$ 3,000,000
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? FN
(Mandatory in NH)
N/A
9700000211-191
08/18/2019
08/18/2020
)CSTATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
Each Claim
2,000,000
D
Professional Liability
E0000028656-06
04/22/2020
04/22/2021
Aggregate
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
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
Collier County Board of County Commissioners
3295 Tamiami Trail E
Naples FL 34112
Ill
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
t3ri" 4ri.tMts
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