Agenda 12/08/2020 Item #16A34 (Contract #19-7663R "Naples Manor Stormwater improvements Engineering Study - Kisinger Campo & Associated, Corp.)12/08/2020
EXECUTIVE SUMMARY
Recommendation to award Request for Professional Services (“RPS”) No. 19-7663R, “Naples
Manor Stormwater Improvements Preliminary Engineering Study” (Project No. 33649), to
Kisinger Campo & Associates, Corp., d/b/a KCA, in an amount not to exceed $79,927, and
authorize the Chairman to sign the attached agreement.
OBJECTIVE: To award a contract to provide preliminary engineering services for stormwater
improvements in Naples Manor.
CONSIDERATIONS: The stormwater drainage system throughout Naples Manor is over 50 years old
and generally consists of roadside swales and driveway culverts with mostly corrugated metal pipes.
Some of the swales discharge into a disjointed open channel collection system that ultimately outfalls into
the existing canal along the north side of US-41. The US-41 canal and downstream stormwater outfall
facilities have been constructed with sufficient capacity to properly handle the stormwater flows from
Naples Manor. Through the years some of the corrugated metal pipes have rusted through and have
failed, requiring emergency replacement in order to maintain integrity of the driveway and safety for
residents. Existing swales are compromised and often above their intended grade to function properly.
Additional sidewalks are proposed throughout the community which will further impact stormwater
drainage. Current potable water and sewer infrastructure is also aging and in need of
replacement/upgrades.
On October 27, 2020 (Item 16.A.4), the Board approved the selection committee’s ranking and authorized
staff to begin contract negotiations with the top-ranked firm, Kisinger Campo & Associates, Corp. Staff
negotiated and reached the attached proposed agreement with Kisinger Campo & Associates, Corp., to
provide the solicited professional engineering services in an amount not to exceed $79,927.
FISCAL IMPACT: Costs for the Naples Manor Preliminary Engineering Study total $79,927. Funds in
the amount of $79,927 are available within the GMD Grant Fund (711), Project No.33649 (Naples
Manor). The funding source for this study is through a Community Development Block Grant
(CDBG).
GROWTH MANAGEMENT IMPACT: The proposed project is in accordance with the goals,
objectives, and policies of all applicable sections of the Stormwater Management and the Conservation
and Coastal Management elements of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -SAA
RECOMMENDATION: To award RPS No. 19-7663R to Kisinger Campo & Associates, Corp., d/b/a
KCA for the “Naples Manor Stormwater Improvements Preliminary Engineering Study” (Project No.
33649), in an amount not to exceed $79,927, and authorize the Chairman to sign the attached agreement.
Prepared By: Mindy Lee Collier, Project Manager, Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. [Linked]19-7663R KCA_VendorSigned (PDF)
2. 19-7663R KCA COI 11-19-20 (PDF)
16.A.34
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.34
Doc ID: 14131
Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 19-
7663R, “Naples Manor Stormwater Improvements Preliminary Engineering Study” (Project No. 33649),
to Kisinger Campo & Associates, Corp., d/b/a KCA, in an amount not to exceed $79,927, and authorize
the Chairman to sign the attached agreement.
Meeting Date: 12/08/2020
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Mindy Collier
11/04/2020 7:30 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
11/04/2020 7:30 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/04/2020 8:54 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 11/12/2020 8:39 AM
Growth Management Department Gino Santabarbara Additional Reviewer Skipped 11/18/2020 12:32 PM
Growth Management Department Lisa Abatemarco Additional Reviewer Completed 11/18/2020 1:01 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/18/2020 1:21 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 11/18/2020 1:45 PM
County Attorney's Office Gino Santabarbara Level 2 Attorney of Record Review Skipped 11/19/2020 10:55 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2020 11:16 AM
Grants Valerie Fleming Level 2 Grants Review Completed 11/19/2020 4:59 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/20/2020 9:31 AM
Procurement Services Sarah Hamilton Additional Reviewer Completed 11/20/2020 9:35 AM
Grants Carrie Kurutz Additional Reviewer Completed 11/20/2020 10:45 AM
Procurement Services Sue Zimmerman Additional Reviewer Completed 11/20/2020 10:59 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/20/2020 11:45 AM
Procurement Services Gino Santabarbara Additional Reviewer Skipped 11/23/2020 9:35 AM
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12/08/2020
County Attorney's Office Sally Ashkar Additional Reviewer Completed 11/23/2020 10:51 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/23/2020 11:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/23/2020 11:43 AM
Grants Therese Stanley Additional Reviewer Completed 11/23/2020 4:00 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/24/2020 8:01 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/25/2020 10:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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PROFESSIONAL SERVICES AGREEMENT
Contract # 19-7663R
for
Naples Manor Stormwater Im
ents Preliminary Engineerin
THIS AGREEMENT is made and entered into this day of 20 20 by
and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
_Kisinger Campo & Associates, Corp d/b/a KCA authorized
to do business in the State of Florida, whose business address is
One Tampa City Center, 201 N. Franklin Street, Suite 400, Tampa, FL 33602 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Naples Manor Stormwater Improvements Preliminary Engineering Study
(hereinafter referred to as the "Project"),
said services in accordance with the provisions of Section 287.055, Florida Statutes 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.
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PSA_CCNA Single Project Agreement_Ver.4
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,
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 Richard Arico, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
'Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. 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=8999
Email: PublicRecordRe uest colIiercount fl. ov
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
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PSA_CCNA Single Project Agreement_Vec4
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
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
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this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
11.1 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.
2.1.2 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.
2.1.3 Providing renderings or models for the COUNTY's use.
2.1.4 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.
2.1.5 Furnishing services of independent professional associates and consultants for
other than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 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.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 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).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
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authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT 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
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COUNTY maybe 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
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 Is 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.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
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5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. 0 Grant Funded: The hourly rates as set forth and identified in Schedule
B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
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 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
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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 8.1.
8.2. To the extent that the Agreement that the work pertains to 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.
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.
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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 F 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
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
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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.
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
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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 Is 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. 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.
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
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required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name:
Division Director:
Address:
Administrative Agent/PM:
Telephone:
E-Mail(s):
Capital Project Planning, Impact Fees &Program Management
Amy Patterson
2685 Horseshoe Drive S
Naples, FL 34104
Mindy Collier
239-252-6139
Mindy Collier( 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 %J by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Kisinqer Campo &Associates, Corp. d/b/a KCA
Address: One Tampa City Center, 201 N. Franklin Street, Suite 400
Tampa, FL 33602
Attention Name &Title: Paul G. Foley CEO and President
Telephone: 239-278-5999
E-Mail(s): pfoleyaa kcaenq com; rarico(a)kcaenq.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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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 Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: Federal Grant Contract Provisions
Solicitation # 19-7663R including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to 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
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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.
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 Truthdn-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
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."
Page 15 of 32
PSA_CCNA Single Project Agreement_Vec4
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. 13241 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_CCNA Single Project Agreement_Ver.4
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Courts &
Comptroller
By. By:
Date: Burt L. Saunders Chairman
Approved as to Form and Legality:
County Attorney
r 7
Name
Consultant's Witnesses:
Witness
Name and Title � 1UV5,\--
Consultant:
Kisinger Campo & Associates, Corp. d/b/a KCA
By= �
Paul G. Foley, PE
Name and Title
ELL',
V,t M%C�A 5t�e r +��F f Cl c
13 �p2C�IQ� IS�
Name and Title __ YY
Page 17 of32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE A
SCOPE OF SERVICES
following this page (pages through 5 )
Page 18 of 32
PSA_CCNA Single Project Agreement_Ver.4
STATEMENT OF WORK
Naples Manor Stormwater Improvements Preliminary Engineering Study
I.0 INTRODUCTION/BACKGROUND
The Naples Manor community is a residential community generally consisting of 31 streets and approximately 0.69
square miles in area. The existing Stormwater conveyance system is over 50 years old and generally consists of
roadside swales and drainage culverts under driveways and roadways. Many of the streets do not provide access for
pedestrians in the way of sidewalks. The Collier County Metropolitan Planning Organization (MPO) published the
Naples Manor JIValkable Community Study identifying and prioritizing pedestrian and bicycle needs in the Naples
Manor community. Proposed sidewalks will impact the existing roadside swale conveyance system typically by
reducing the Swale area.
2.0 OBJECTIVE
The objective of this project is to prepare a preliminary engineering study for the Naples Manor community's
stormwater conveyance system. The study will provide stormwater conceptual conveyance alternatives based on
possible construction of desired sidewalks proposed in the Naples Manor Walkable Community Study. Stormwater
conceptual conveyance alternatives will be ranked based on defined criteria for implementation.
3.0 SCOPE OF WORK
This project involves preliminary engineering analysis for the Naples Manor community stormwater conveyance
system. This project is divided into four Tasks, to be performed by Kisinger Campo & Associates, Corp.
(Consultant). All engineering services shall be performed under the direction of a Professional Engineer registered
in the State of Florida.
The Scope of Work for this project encompasses the following efforts, which shall be completed for the project:
Task I :Project Management
Task 2: Existing Condition Assessment
Task 3: Develop and Evaluate Alternatives
Task 4: Report Preparation
4.0 WORK BREAKDOWN STRUCTURE
The work consists of four (4) identifiable tasks with focus on developing a preliminary engineering study of the
conceptual drainage conveyance system. Deliverables from each task shall be subject to review and acceptance by
Collier County prior to considering the task complete. The Consultant shall be responsible for properly addressing
any, and all County comments resulting from the review of deliverables.
Task 1 —Project Management
l .l Contract Maintenance
Contract maintenance includes project management effort for complete setup and maintenance of files,
schedule updates and work effort to execute and coordinate subconsultant agreements, etc. CONSULTANT
shall provide administration of study/design including but not limited to: supervision, miscellaneous
correspondence, mailing, deliveries, letters, e-mails, etc.
1.2 Kickoff Meeting
A project kickoff meeting shall be held with the County and the Consultant to introduce the design team, to review
project objectives and standards for completing the work, and to present the project schedule. Task 1 —Project
Management
1.3 Contract Maintenance
Contract maintenance includes project management effort for complete setup and maintenance of files,
schedule updates and work effort to execute and coordinate subconsultant agreements, etc. CONSULTANT
shall provide administration of study/design including but not limited to: supervision, miscellaneous
correspondence, mailing, deliveries, letters, e-mails, etc.
1.4 Kickoff Meeting
A project kickoff meeting shall be held with the County and the Consultant to introduce the design team, to
review project objectives and standards for completing the work, and to present the project schedule.
1.5 Monthly Progress Reports
The Consultant shall prepare and submit monthly and close out reports in accordance with the grant
requirements for the project. These reports document the current status and progress in completing the work
described in the Scope of Works.
Deliverable: Schedule and updates, and invoices
Monthly Progress Report
Meeting Minutes
Close Out Report
Task 2 —Existing Condition Assessment
2.1 Data Collection
The CONSULTANT may collect and review all available information such as records, maps, surveys,
plans, soil investigation reports, zoning classifications, building codes and standards, requirements of
all agencies having jurisdiction over the project, and any other information which may have a bearing
or impact to the planning, design, approval, permitting, construction and/or operation of this project.
The CONSULTANT is to review all appropriate COUNTY information on this project.
Review Naples Walkability Study
The CONSULTANT shall review and include the sidewalk priority ranking in the preliminary
engineering study evaluation matrix.
Existing Utility Data Collection
The CONSULTANT will contact Sunshine State One Call to place a design ticket to obtain a list of
Utility Agency Owners (UAOs) within the project area. The CONSULTANT will evaluate and
consider potentially significant utility conflicts as they may affect the chosen alternatives.
2.2 Desktop Environmental Review
The CONSULTANT is to evaluate the project's overall impact to the environment, specifically addressing
elements requiring agency permitting. The purpose is to identify at the earliest possible stage the need to
address the critical path(s) of design elements related to these issues. The CONSULTANT is to review these
matters with the COUNTY early in the progress of the study.
Consideration of potential NEPA impacts and issues include: Natural Resources (Threatened &
Endangered Species and Wetlands) and Socio-cultural Resources (Historical and Archeological sites
and 4f properties). The Desktop Review includes obtaining and reviewing available State and Federal
environmental databases, for the subject property and nearby surrounding areas. The review will
include information on environmental activities which have been reported to State and Federal
agencies.
2.3 LiDAR Data Collection and Conversion
The Consultant shall research available LiDAR records to gather available elevation information necessary
for determining drainage patterns. The LiDAR will be extracted from available sources and converted to a
file format to clearly depict the elevation information.
2.4 Field Reviews
The CONSULTANT shall make up trips to the project site as required to review the existing conditions to
help identify project specific features and issues. The CONSULTANT will conduct field observations to
review existing field conditions, verify desktop data review, and obtain additional data required to understand
the Project area, assess Project needs, identify physical and environmental constraints, develop and analyze
Project alternatives, and assess constructability issues,
Deliverables: Documentation of records, maps, surveys and plans to be used for Storrmvater Management
Alternative Analysis and for developing exhibits.
Taslc 3 —DEVELOP AND EVALUATE ALTERNATIVES
3.1 Drainage Area Analysis
The CONSULTANT will create a working drainage area map to be used in defining the system hydrology.
This map shall incorporate drainage basin boundaries, existing LiDAR and field observations, to define the
system. Basin delineations shall also include any existing collection systems in a logical manner. The
CONSULTANT will perform drainage analysis by delineating the basin boundaries by using LiDAR
information, field observations, aerial contour maps, as -built construction plans, available survey data to
identify the primary basins and general outfall locations.
Determine Existing Swale Capacity
The CONSULTANT will perform preliminary calculations to determine the existing swale capacity
for the design storm event based on impervious coverage, drainage basin areas, swale cross sections,
and culvert sizes.
Calculate Proposed Discharge Rate
The CONSULTANT will calculate a discharge rate for the swales based on establish Drainage
Design Criteria including: Permitting Criteria (Water Quality and Quantity as well as Discharge
Limitations), Rainfall Intensity for Critical Duration Events (Identify Design Storm Events), Curve
Numbers or Run-off Coefficients, Times of Concentration, and Tailwater (Discharge Condition and
stages) Criteria.
Determine Proposed Swale Typical Section
This study will utilize LiDAR and calculations to determine the stormwater discharge from the
design storm event. This discharge rate will be utilized to size roadside swales and culverts. This
analysis will provide up to three (3) conceptual alternative typical sections for the swales. The
CONSULTANT will develop conceptual typical sections for the Project alternatives which address
transportation and drainage needs and context. Development of typical sections must consider
Context Sensitive Solutions and the needs of all Project users.
3.2 Develop Conceptual Alternatives
The CONSULTANT will prepare design criteria for developing up to three (3) Project conceptual alternatives
and designing initial geometries and other drainage and roadway elements according to the COUNTY
standards. Establishment of conceptual alternatives will consider location of drainage features, sidewalks,
utility locations, stormwater treatment and detention requirements, and potential environmental issues,
among other factors.
Right-of--Way/Easement Analysis
Based on typical section analysis, design standards, and permitting criteria the CONSULTANT will
establish construction limits and determine the minimum (proposed) right of way requirements
throughout the limits of the Project. Establishment of construction limits will consider location of
drainage features, the transportation management plan, utility relocations, stormwater treatment and
detention requirements, and identified environmental issues, among other factors. The
CONSULTANT will compare the existing right of way width with the proposed right of way
requirements to estimate the amount of right of way and or easements that the COUNTY would
need to acquire.
Pr eliIII inary Cost Estimates
The CONSULTANT shall prepare a preliminary estimate of construction costs for the concept of
each alternative. The format shall clearly show the project breakdown, unit costs and quantities.
3.3 Evaluate Conceptual Alternatives
For each alternative evaluated in detail, the CONSULTANT shall prepare sketches of plan, profile, and
typical sections, as appropriate to show existing features, proposed geometry, and location of any
environmental and geometric design constraints. After developing the viable alternatives, analyzing
alternatives and estimating costs, the CONSULTANT will prepare a matrix which compares the impacts,
performance, and costs of the alternatives evaluated in the Study.
Develop Evaluation Criteria
The CONSULTANT will establish up to ten (10) evaluation criteria at the beginning of the Project,
which must be agreed upon with the COUNTY before use in the comparative evaluation of
alternatives.
Rank and Prioritize Alternatives
A matrix will be prepared and document the ranking of each conceptual alternative in relation to the
evaluation criteria.
3.4 Technical Meetings with County
The CONSULTANT shall attend all technical meetings necessary to execute the Scope of Services of this
contract. This includes meetings with COUNTY and/or Agency staff, between disciplines and
subconsultants.
3.5 SFWMD Permitting
The CONSULTANT shall coordinate with SFWMD regarding each conceptual alternative and evaluate the
feasibility to permit the project in relation to SFWMD permitting criteria.
3.6 Field Review
The CONSULTANT shall make one (1) trip to the project site as required with plans in hand to review the
how the Conceptual Alternatives are influenced by the existing conditions, to help identify potential issues.
Deliverables: Preliminary Stornnvater Management Alternative Analysis and E.rlribits
Preliminary Cost Estimate
Applicable Meeting Minutes
Taslc 4 —Report Preparation
4.1 Draft Report
Prepare Document Containing Analyses and Evaluation Matrix and other pertinent documentation from Task
3. Submit Draft Report for Review and Comment by the COUNTY.
Deliverable: Preliminary Storrmvater Management Alternative Report
4.2 Final Report
The Consultant shall address all comments made by the COUNTY for• the draft documents and previous
progress meetings prior to submittal. The CONSULTANT shall submit the final report in conformance with
recommendations based on COUNTY evaluation and review.
Deliverable: Final Storrmvater Management Alternative Report
4.3 QA/QC
Deliverable: Final Stornnvater Management Alternative Report
4.4 QA/QC
The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination
of all surveys, designs, drawings, specifications, and other services furnished by the CONSULTANT under
this contract. The CONSULTANT shall be responsible for ensuring that all work products conform to
COUNTY standards and criteria. This shall be accomplished through an internal Quality Control (QC)
process performed by the CONSULTANT. The CONSULTANT shall, without additional compensation,
correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other products and
services.
Deliver able: Adequate records of the quality conk of and asset ante actions performed
5.0 COUNTY RESPONSIBILITIES
The County shall be responsible for providing the following to the Consultant for the Project:
I . Required title searches and title work.
2. All land acquisition activities.
3. All necessary fees for permit applications.
4. Legal issues.
5. Public Involvement - Necessary Support Staff to assist the Consultant in providing information to local
residents and property owners.
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
6.2.1. 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 PROJECT MANAGEMENT $ $41960.00
2 EXISTING CONDITION ASSESSMENT $ $211292.00
3 DEVELOP AND EVALUATE ALTERNATIVES $ $34,675.00
4 REPORT PREPARATION $ $19,000.00
Total Lump Sum Fee $
Total Time and Materials Fee $79,927.00
GRAND TOTAL FEE $79,927.00
Page 19 of 32
PSA_CCNA Single Project Agreement_Ver.4
3.2.2. 0* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
2:c�-❑*-L%a'n�3.wC�.�'mw-Fe."'.r�-�-ii�-�i'�v-er...t7.�c��#�I��e`s��F1�2���':�r-:�.sfiu9i-��i�ill;-F�;°lt-i.,�st�rii}s-�tsttt--��-rs�crroc
to be -paid- t-G, CONSULTANT --for the�perforrmence- oif the --Basic Service. There �&Rafl be- no
overtime paywithoutA e-COU-NTYlz-prior writtervapproa>tat:
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_CCNA Single Project Agreement_Vec4
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.
3.3.2. 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.
6.3.4. 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
wbconsultants 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 wrng 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
PSA_CCNA Single Project Agreement_Ver.4
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
3.3.5. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 22 of 32
PSA_CCNA Single Project Agreement_Vec4
SCHEDULE B — ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Senior Project Manaqer IMF $201
Senior Engineer $175
Enqineer $136
Desiqner $105
Environmental Specialist $120
Clerical/Administrative $73
The above hourly rates are applicable to
be all inclusive. Additional hourly rates
upon mutual agreement in advance and
the above hourly rates are for purpose
s
Page 23 of 32
PSA_CCNA Single Project Agreement_Vec4
Task/Item
1
2
�3
SCHEDULE C
PROJECT MILESTONE SCHEDULE
..Number
For Cor
Description from D
PROJECT MANAGEMENT
EXISTING CONDITION ASSESSMENT
DEVELOP AND EVALUATE ALTERNATIVES
pletion
of Task
to `of Notice to
roceed
165
165
165
165
Page 24 of 32
PSA_CCNA Single Project Agreement_Ver.4
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
PSA_CCNA Single Project Agreement_Vec4
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? � 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 F No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? A 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
PSA_CCNA Single Project Agreement_Ver.4
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 $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? ❑Yes � No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? ❑Yes 0 No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? 0 Yes ❑ No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
Page 27 of 32
PSA_CCNA Single Project Agreement_Ver.4
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? ❑Yes LW No
echnology Errors and Omissio
Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑Yes No
Coverage shall have minimum limits of
Cyber Insurance: Coverage shall have minimum limits of $
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as
CONSULTANT and, if so, such policy shall be excess
General Liability, and Automobile Liability coverages
coverages on a "following form" basis.
Per Occurrence.
part of the liability insurance of the
of the Employers' Liability, Commercial
required herein and shall include all
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? 0 Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $11000,000 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
PSA_CCNA Single Project Agreement_Ver.4
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
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Kisin er Campo & Associates Corp. d/b/a KCA (company's name)
hereby certifies that wages, rates and other factual unlit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Na les Manor Stormwater Improvements Preliminary Engineering Stud
is accurate, complete and current as of the time of contracting.
BY: /,0t-J/Jt? 4 �a�
TITLE:
President / CEO
DATE: November 19, 2020
Page 30 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULEF
KEY PERSONNEL
Name
Personnel Category
Percentage
of Time
Richard Arico
Senior Project Manaqer
6.7
Brian Rose
Senior Enqineer
20.0
Jesse Gill
Senior Enqineer
7.6
Curt Sprunqer
Tara Spieler
Emmanuel Marin
Senior Enqineer
Senior Enqineer
Enqineer
1.0
2.5
10.0
Thierry Ku
Tony Fromen
Erik Aadland
Enqineer
Enqineer
Enqineer
10.0
10.0
4.0
Tiffany Buchanan
Joseph Bernardini
Abe Senerchia
Desiqner
Desiqner
Desiqner
1.0
2.0
5.0
Jacob Alvarado
Desiqner
2.0
Jonathon Fox
Desiqner
10.6
Rhonda Venuto
Clerical/Administrative
0.7
Christen Cerrito
Environmental Specialist
3.5
Meqan Rasmussen
Environmental Specialist
3.4
Page 31 of 32
PSA_CCNA Single Project Agreement_Ver.4
Other:
Federal Grant Contract Provisions
following this page (pages
❑ this schedule is not applicable
SCHEDULE G
(Description)
through 42 )
Page 32 of 32
PSA_CCNA Single Project Agreement_Ver.4
Collier County Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS
(SMALL NON -CONSTRUCTION CONTRACTS <$150K)
CFDA 14.218
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.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts (e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
AUTHORITY
Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.)
Section 104(g) of Title 1 (24 CFR part 58) of the National Environmental Policy Act of 1969
24 CFR part 570 (Community Development Block Grants)
24 CFR part 50 or 24 CFR part 58, as applicable (Environmental Review Procedures)
2 CFR Part 200
CONTRACTOR COMPLIANCE OVERVIEW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform
requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order
FPC - 1
5/18/2020 3:01 PM
Collier County Solicitation 19-7663R
EXHIBIT I.A
FEDERAL CONTRACT PROVISIONS
®
1.
Access to Records
®
21
Administrative, Contractual, or Legal Remedies
®
30
Affirmative Action (200.321) / Utilization of Minority and Women's Businesses
®
4.
Affirmatively Furthering Fair Housing
®
5,
Age Discrimination Act of 1975
®
6.
Civil Rights Compliance
®
7.
Compliance with Federal Law, Regulations and Executive Orders
®
8,
Conflict of Interest
❑
g.
Copyright and Patent Rights
®
104
Debarment and Suspension
®
11.
Diversity
®
12.
Energy Efficiency Standards
❑
13.
Environmental Compliance (Clean Air Act of 1970 and Clean Water Act of 1972)
®
14.
Environmental Review Procedures (National Environmental Policy Act)
®
15,
Equal Opportunity Policy and Provisions
®
16.
E-Verify
Federal Labor Standards Provisions (Davis -Bacon Act, Contract Work Hours
❑
17.
and Safety Standards Act, Co eland "Anti -Kickback" Act)
®
18.
Grantee Recognition (Advertisement)
❑
19,
Guidance to Contractor for Compliance with Labor Standard Provisions
®
20.
Historic Preservation
❑
21,
Lobbying Prohibition
®
22.
No Third -Party Obligation by Federal Government
Nondiscrimination under Federal Grants and Programs (Section 504,
®
23.
Rehabilitation Act of 1973; Section 794, as amended
®
24.
Procurement of Recovered Materials
®
25.
Program Fraud and False or Fraudulent Statements of Related Acts
®
26,
Record Keeping and Documentation
®
27.
Religious Organizations
®
28.
Retention of Records
❑
29.
Section 3
®
30,
Termination (Cause and Convenience) >$10K
®
31.
Transparency Act
®
32.
Uniform Relocation Assistance and Real Property Acquisition Act of 1970
®
33,
State Provisions
5/18l2020 3:01 PM P,37
Collier County
Solicitation 19-76631R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
(PROVISIONS 1- 33)
1. ACCESS TO RECORDS
The local government, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their duly
authorized representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
2. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES
(Ref. 41 U.S.C. 1908,2 CFR § 200 Appendix II (A)
Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question
between the local government and the contractor, arising out of or relating to this contract, or the breach of
it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
3. AFFIRMATIVE ACTION (Utilization of Minority and Women Firms [M/WBE]
(Presidential Executive Order 11246, September 24, 1966)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when
possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall
document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or
subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from:
•Florida Department of Management Services, Office of Supplier Diversity,
Florida Department of Transportation (construction services, particularly highway),
Minority Business Development Center in most major cities, and
Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
4. AFFIRMATIVELY FURTHERING FAIR HOUSING
(Title VIII of the Fair Housing Act of 1968 (42 U.S.C. 3601-3619, and implanting regulations; 24 CFR Parts
5, 91, eta/.)
This contract will be conducted and administered in conformity with the Fair Housing Act (42 U.S.C. 3601-
3619) and implementing regulations.
5. AGE DISCRIMINATION ACT OF 1975 (24 CFR part 146)
This Act prohibits discrimination based upon age in federally assisted and funded programs or activities,
except in limited circumstances.
6. CIVIL RIGHTS COMPLIANCE
The Contractor agrees to comply with applicable County and State civil rights ordinances and Title VI of the
Civil Rights Act of 1964 as amended, Title VII of the 1968 Civil Rights Act, as amended by the Equal
Employment Opportunity Act of 1972, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
Title VI of the Civil Rights Act of 1964. The Contractor shall comply with Title VI of the Civil Rights Act of
1964 which prohibits all recipients of federal financial assistance from discriminating based on race, color,
or national origin. Title VI applies to any program or activity receiving federal financial assistance, not just
housing.
5/18/2020 3:01 PM p38
Collier County
Solicitation 19-76631R
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
7. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS
This is an acknowledgement that HUD financial assistance will be used to fund the contract. The contractor
will comply will all applicable federal law, regulations, executive orders, HUD policies, procedures, and
directives.
8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL
JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC
OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who exercises any function or responsibility with
respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed.
Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this
paragraph prohibiting conflict of interest.
9. COPYRIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban
Development and the grantee shall possess all rights to invention or discovery, as well as rights in data
which may arise as a result of the contractor's services.
10. DEBARMENT AND SUSPENSION
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F,R. pt. 3000. As such
the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §180.995),
or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. §180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt.3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered trans action it enters into. (3) This certification is a material representation of fact relied upon
by the County, If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida Department of Emergency
Management, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000, subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions." Verification will be checked through the
excluded parties system list atwww.sam.gay.
11. DIVERSITY
(Reference 2 CFR § 200.321)
The County is dedicated to fostering the continued development and economic growth of small, minority-,
women-, and service -disabled veteran business enterprises. All contracting and subcontracting
opportunities afforded by this solicitation/contract are strongly encouraged to contribute as both Contractors
and Sub -Contractors. Firms may be required to submit documentation addressing diversity and describing
the efforts being made to encourage the participation of small, minority-, women-, and service -disabled
veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified
Service -Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity
at: http;//dms.myflorida,com/other_programs/office_of_supplier_diversity_osd/
12. ENERGY EFFICIENCY STANDARDS
The contractor shall comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan and issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163).
5/18/2020 3:01 PM p. 39
Collier County
Solicitation 194663R
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
13. ENVIRONMENTAL COMPLIANCE
If this contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations
(40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over $100,000.
14. ENVIRONMENTAL REVIEW PROCEDURES
(National Environmental Policy Act)
The environmental review procedures set forth at 24 CFR part 58 must be completed for each activity (or
project as defined in 24 CFR part 58), as applicable.
15. EQUAL OPPORTUNITY POLICY AND PROVISIONS
A.
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure
that applicants for employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation , gender identity , or
national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 as Amended (through 2014), S
(Applicable to contracts/subcontracts above $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job functions discloses the compensation
5/18/2020 3:01 PM p. 40
Solicitation 19-7663R
Collier County
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
of such other employees or applicants to individuals who do not otherwise have access to such information,
uNess such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information,"
(4) The Contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice, to be provided by the
a g e n c y contracting officer advising the said labor union or worker's representatives of the Contractor's
commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and by the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,
the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
C. Notice of Requirement for Affirmative Action to ensure Muuai cuINwynlc"n vN,
(Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.)
(a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are
as follows:
Female participation: 6.9% (statewide)
Minority participation: 17.1%Collier County
These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted)
performed in the covered area. If the Contractor performs construction work in a geographic area
located outside of the covered area, it shall apply the goals established for such geographic area where
the work is actually performed. With regard to this second area, the Contractor also is subject to the
goals for both its Federally involved and non -Federally involved construction.
5/18/2020 3:01 PM p. 41
Collier County
Solicitation 19-7663R
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
The Contractor's c o m p I i a n c e with Executive Order and the regulations in 41 CFR Part 604 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 604.3 (a), and its efforts to meet the goals
established or the geographic area where the contract resulting from his solicitation is to be performed.
The hours of minority and female employment or training must be substantially uniform throughout the
length of the contract and in each trade the Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or
trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41
CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
(c) The Contractor shall provide written notification to the County within 10 working days of
award of any construction subcontract in excess of $10,000 at any tier for construction work under
the contract resulting from this solicitation. The notification shall list the name, address, and telephone
number of the subcontractor; employer identification number; estimated dollar amount of the subcontract;
estimated starting and completion dates of the subcontract; and the geographical area in which the
contract is to be performed.
Contact Information:
Collier County Government—CHS Section 3 Manager
3339 East Tamiami Trail E, STE 211 Ms. Kristi Sonntag
Naples, Florida 34112 Telephone: 239-252-2486
Telephone 239-252-2273 kristiSonntag@colliergov.net
Fax 239-252-2638
http://www colliergov net/your-government/divisions-a-e/community-and-human-services
(d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area is the
county in which the contract work is being undertaken.
D. Al CFR 60-4.3 Equal Opportunity Clauses
(a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included
in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and
subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to
the clauses described above, all Federal contracting officers, all applicants and all nonconstruction
contractors, as applicable, shall include the specifications set forth in this section in all Federal and
federally assisted construction contracts in excess of $10,000 to be performed in geographical areas
designated by the Director pursuant to § 6046 of this part and in construction subcontracts in excess of
$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and
subcontracts covered under the Executive order.
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246).
1. As used in these specifications:
A. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
B. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
C. "Employer identification number" means the Federal Social Security number used on the
Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941.
D. "Minority" includes:
(I) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
5/18/2020 3:01 PM p. 42
Collier County
Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
(II) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central, or South American Uluther
Spanish Culture or origin, regardless of race);
(III) Asian and Pacific Islander (all persons having o r i g i n s in any of the original peoples
of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV) American Indian or Alaskan Native (all persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U. S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan, Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith
performance by other Contractors or subcontractors toward a goal in an approved Plan does not
execuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan
goals and timetables
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A)
through (P), of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female utilization
the Contractor should reasonably be able to achieve in each construction trade in which it has employees in
the covered area. Covered construction contractors performing contracts in geographical areas where they
do not have a Federal or Federally -assisted construction contract shall apply the minority and female goals
established for the geographic area where the contract is being performed. Goals are published periodically
in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under t h e s e s p e c i f i c a t i o n s, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U. S. Department of Labor.
7. The Contractor shall t a k e s p e c i f i c a f f i r m a t i v e actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensively as the following:
(a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
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specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are
aware of and carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites in such facilities.
(b) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organization's responses.
(c) Maintain a current file of the names, addresses, and telephone n u m b e r s of each m i n o r i t y a
n d female off -the -street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the
union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason
therefore along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person
or woman sent by the Contractor, or when the Contractor has other information that the union referral
process has impeded the Contractor's efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the areas which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those programs funded or approved
by the Department of Labor. The Contractor shall provide notice of these programs to the sources
compiled under 7.(b) above.
(f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with
all minority and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is performed.
(g) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with on- site supervisory personnel
such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
mediaspecifically including minority and female news media, and providing written notification to and
discus , sing the Contractor's EEO policy with other Contractors and Subcontractors with whom the
Contractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female recruitment students and to minority and female recruitment and
training organizations serving the Contractor's recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
(j) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor's work force.
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(k) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFIR 60-3.
(1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel
for promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments and other personnel practices,
do not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single -
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(q) Become familiar with the HUD "Questions and Answers on Sexual Harassment under the Fair
Housing Act." And request a copy from the County if needed.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more
of their affirmative action obligations (7) (a) through (p). The efforts of Cl contractor association, joint contractor -
union, contractor -community, or other similar group of which the Contractor is a member and participant, may
be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of these Specifications
provided that the Contractor actively participates in the group, makes every effort to assure that the group has
a positive impact on the employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to documentation
which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,
however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A single goal for minorities and separate single goal for women have been established. The Contractor,
howeverI is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner
for example, even though the Contractor has achieved its goals for women generally, the Contractor may be
in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs, Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
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13, The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so
as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails
to comply with the requirement of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 604.8.
14. The contractor s h a I I designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee, the
name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number
where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location
at which the work was performed. Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this requirement, contractors shall not be required
to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance and upon the application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
E. Certification of Non -Segregated Facilities (Construction Contracts over $10,000)
The contractor does not maintain or provide for its employees to perform their services at any location, under
its control, where segregated facilities are maintained. The contractor certifies further that it will not maintain
or provide for its employees any segregated facilities at any of its establishments, and that it will not permit
employees to perform their services at any location, under its control, where segregated facilities are
maintained, The contractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract.
As used in this certification, the term 'segregated facilities" means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing
facilities which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color,
or national origin, because of habit, local custom, orotherwise.
The contractor further agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior
to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following notice
to such proposed subcontractors (except where the proposed subcontractors have submitted identical
certifications for specific time periods).
F. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
G. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national original, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
H. Section 503 Handicapped (Contracts $2,500 or Uver)
(1)The Contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
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employment and otherwise treat qualified handicapped individuals without discrimination based upon
their physical or mental handicap in all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary
o f Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
(5) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding, that the contractor is bound by the
terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to
employ and advance in employment physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every subcontract or purchase order
of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase order
as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
I. Age Discrimination in Employment Act of 1967, as Amended
It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of employment, because of such
individual's age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his status as an employee,
because of such individual's age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
J. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against
employees or applicants because of genetic information. Employers are prohibited from using genetic
information in making employment decisions. GINA restricts employers and other entities covered by
Title II (employment agencies, labor organizations and joint labor-management training and
apprenticeship programs - referred to as covered entities) from requesting, requiring or purchasing
genetic information, and strictly limits the disclosure of genetic information. The law forbids
discrimination on the basis of genetic information when it comes to any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other
term or condition of employment.
(2) "Genetic information" includes information about an individual's genetic tests and the
genetic tests of an individual's family members, as well as information about the manifestation
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of a disease or disorder in an individual's family members (i.e. family medical history). Family
medical history is included in the definition of genetic information because it is often used to
determine whether someone has an increased risk of getting a disease, disorder, or condition
in the future.
I. Section 503 Handicapped (Contracts $23500 or Over)
(7) The Contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in all employment
practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
(8) The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(9) In the event of the Contractor's noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of
Labor issued pursuant to the Act.
(10)The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by
or through the contracting officer. Such notices shall state the Contractor's obligation under
the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
(11)The Contractor will notify each labor union or representative of workers with which it has
a collective bargaining agreement a their contract understanding, that the contractor is bound
by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally handicapped
individuals.
(12)The Contractor will include the provisions of this clause in every subcontract or purchase
order of $2,500 or more unless exempted by rules, regulations, or orders of the
Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding
upon each subcontractor or vendor, The Contractor will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for noncompliance.
J. Age Discrimination in Employment Act of 1967, as Amended
It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual's age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive
any individual of employment opportunities or otherwise adversely affect his status as an
employee, because of such individual's age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
K. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate
against employees a applicants because of genetic information. Employers are prohibited
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from using genetic information in making employment decisions. GINA restricts employers and
other entities covered by Title II (employment agencies, labor organizations and joint labor-
management training and apprenticeship programs - referred to as "covered entities") from
requesting, requiring or purchasing genetic information, and strictly limits the disclosure of
genetic information. The law forbids discrimination on the basis of genetic information when it
comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions,
layoffs, training, fringe benefits, or any other term or condition of employment.
(2) "Genetic information" includes information about an individual's genetic tests and the genetic
tests of an individual's family members, as well as information about the manifestation of a
disease or disorder in an individual's family members (i.e. family medical history). Family
medical history is included in the definition of genetic information because it is often used to
determine whether someone has an increased risk of getting a disease, disorder, or condition
in the future.
16. E-VERIFY
(Presidential Executive Order 12989; Florida Executive Order Number 11 -1 16)
Vendors/Contractors/Subcontracts: 1. Agree to utilize the U.S. Department of Homeland Security's E-verify
system to verify the employment of all new employees hired by Contractor during the contract term; and 2.
Contractor shall include in related subcontracts a requirement that Subcontractors performing work or
providing services pursuant to the state contract utilize the E-verify system to verify employment eligibility
of all new employees hired by the Subcontractor during the contract term.
17. FEDERAL LABOR STANDARDS PROVISIONS
(Davis -Bacon Act, Copeland Anti -Kickback Act, and Contract Work Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the United
States of America and the following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without regard to skill, except
as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein; provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be classified in conformance with the wage determination.
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HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only
when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, employment Standards Administration, U. S. Department of Labor,
Washington, D. C. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB
control number 1215-0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator
for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that the additional time is necessary. (Approved
by the Office of Management and Budget under OMB Control Number 215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(d) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits under
a plan or program. Provided, that the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the Davis- Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other federal contract with the same prime contractor,
or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees
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and helpers employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), all or part of the wages required by the contract, HUD, or its designee may,
after written notice to the contractor, sponsor, applicant, or owners, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for and on account of the contractor or subcontractor
to the respective employees to whom they are due. The Comptroller General shall make
s u c h disbursements in the case of direct Davis -Bacon Act contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs. (Approved by the Office of Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017).
(b) (i) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owners, as the case may be, for transmission to HUD or its designee. The
payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in
any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-
1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other
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than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the reverse side
of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A(3)(b)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of
this section available for inspection, copying, or transcription by authorized representatives
of HUD or its designee or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails
to submit the required records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request to make such records
available may be grounds for debarment action pursuant to 29 CFR Part 5.12.
(4) (a) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U. S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in
such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as
an apprentice.The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program, shall
be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with the determination. In the event
the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
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recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U. S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination.
(ii) Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on
the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating
in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program the
contract will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements
of 29 CFR Part 3 which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1I through (10) and such other clauses as HUD or its designee may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contract shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5.
(7) Contract Termination Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractorand a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by
referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor (USDOL) set
forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or
the employees or their representatives.
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(10) (a) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of
a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24
CFR Part 24.
(c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.
S. Co 1001, Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal
Housing Administration transactions", provides in part "Whoever, for the purpose of ...
influencing in any way the action of such Administration ... makes, utters or publishes any
statement, knowing the same to be false... shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
(11) Complaints Proceedings or Testimony by Employees. No laborer or mechanic to whom the
wage, salary, or other labor standards provisions of this contract are applicable shall be
discharged or in any other manner discriminated against by the contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers"
and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract, or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act , which is held by the same prime
contractor such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in
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the clause set forth in subparagraph (2) of this paragraph.
FEDERAL CONTRACT PROVISIONS
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with
the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health and safety as
determined under construction safety and health standards promulgated by the Secretary of
Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant
to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public
Law 91-54.83 State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each subcontractor. The contractor shall take such action
with respect to any subcontract as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
18. GRANTEE RECOGNITION (ADVERTISEMENT/PUBLIC NOTICE)
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding
source. The Contractor will mount a temporary construction sign for projects funded by Housing Urban
Development through Collier County Community and Housing Services. The design concept is intended to
disseminate key information regarding the development team as well as Equal Housing Opportunity to the
general public. The Construction sign shall comply with applicable County codes.
19. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS
PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works
on the site, must submit either two separate payrolls (one for each wage decision) or one payroll
which identifies each worker twice and the hours worked under each wage decision. One
single payroll, reflecting each worker once, may be submitted provided the Contractor uses
the higher rate in the wage decisions for each identical job classification. However, where a
job classification is not listed in a wage decision and is needed for that portion of the work, the
classification must be added to the wage decision. A worker may not be paid at the rate for a
classification using the hourly rate for that same classification in another wage decision. After
the additional classification is approved, the contractor may pay the higher of the two rates
and submit one payroll, if desired.
B. Complying with Minimum Hourly Amounts
(1) The minimum hourly amount due to a worker in each classification is the total of the
amounts in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage
decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and
"Fringe Benefits" columns.
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(3) A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third
party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for
workers with overtime, an additional payment may be required to meet the minimum hourly
wages since generally fringe benefits have no value for any time worked over 40 hours
weekly. (If a worker is paid more than the minimum rates required by the wage decision,
this should not be a problem. As long as the total wages received by a worker for straight
time equals the hours worked times the minimum hourly rate in the wage decision, the
requirement of the Davis -Bacon and Related Acts has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual
hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon
and related acts only establish minimum rates and does not address overtime; the Contract
Work Hours Act contains the overtime requirement and uses "basic rate of pay" as the base
for calculation, not the minimum rates established by the Davis -Bacon and related acts.)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these
deductions in writing. The authorization must identify the purpose of each deduction and the
amount, which may be a specific dollar amount or a percentage. A copy of the authorization
must be submitted with the first payroll containing the deduction. If deducted amounts increase,
another authorization must be submitted. If deducted amounts decrease, no revision to the
original authorization is needed. Court -ordered deductions, such as child support, may be
identified by the responsible payroll person in a separate document. This document should
identify the worker, the amount deducted and the purpose. A copy of the court order should be
submitted.
E. Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner's
representative in writing and identify the job classifications) required. In some
instances, the State agency may allow the use of a similar classification in the wage decision.
Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot
be lower than the lowest rate for any trade in the wage decision. Laborers (including any
subcategory of the laborer classification) and truck drivers are not considered a trade for this
purpose. If the classification involves a power equipment operator, the minimum cannot be lower
than the lowest rate for any power equipment operator in the wage decision. The owner will
provide forms to document agreement on the minimum rate by the affected workers and contractor.
The USDOL must approve the proposed classification and rate. The contractor may pay the
proposed rate until the USDOL makes a determination. Should the USDOL require a higher
rate, the contractor must make wage restitution to the affected worker(s) for all hours worked
under the proposed rate.
F. Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising
workers are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will
not include such supervisory classifications and their wages are not subject to any minimums
under the Davis -Bacon and Related Act or overtime payments under the Contract Work Hours
and Safety Standards Act. However, foremen and other supervisory personnel who spend less
than 80% of their time engaged in supervisory activities are considered workers/mechanics for
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the time spent engaged in manual labor and must be paid at least the minimum in the wage
decision for the appropriate classifications) based on the work performed.
G. Sole Proprietorships /Independent Contractors /Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the
requirement to comply with the labor standards provisions of this contract. The applicability of
the labor standards provisions is based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards
provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and
performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions,
including minimum wages and overtime. His status as "owner" is irrelevant for labor standards
purposes.
If a worker meets the IRS standards for being an independent contractor, and is
employed as such, this means that the worker must submit a separate payroll as a
subcontractor rather than be included on some other payroll. The worker is still subject to
the labor standards provisions in this contract, including minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards
provisions in this contract, including minimum wages and overtime. The leasing firm must submit
payrolls and these payrolls must reflect information required to determine compliance with the
labor standards provisions of this contract, including a classification for each worker based on
the nature of the work performed, number of regular hours worked, and number of overtime
hours worked.
H. Apprentices/Helpers
A worker may be classified as an apprentice only if participating in a federal or state
program. Documentation of participation must be submitted. Generally, the apprentice program
specifies that the apprentice will be compensated at a percentage of the journeyman rate. For
Davis -Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly
rate for the classification in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker
must be classified according to duties performed. This procedure may require classification in
the "trade" depending on tools used, or as a laborer if specialized tools of the trade are not
used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department
of Labor located in most large cities regarding the appropriate classification.
Presently, no worker may be classified as a "helper". As with apprentices not participating in a
formal apprentice program, the worker must be classified according to duties performed and tools
used.
20. HISTORIC PRESERVATION
The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The
contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800,
Advisory Council on Historic reservation Procedures for Protection of Historical Properties.
21, LOBBY PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature
or any state agency.
(b) The contractor/vendor certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief;
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person 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 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 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 Recipient shall
complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"
The contractor/vendor shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
)greements) and that all subrecipients shall certify and disclose. 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.
22. NO THIRD -PARTY OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations a liabilities to
the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
23. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS
(Section 504, Rehabilitation Act of 1973; 29 USC § 794)
a) Section 504 prohibits discrimination based upon disability in all programs or activities operated by
recipients of federal financial assistance.
b) Section 794. No otherwise qualified individual with a disability in the United States, as defined in
section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance or under any program or activity conducted by any
Executive agency.
24. PROCUREMENT OF RECOVERED MATERIALS
(Reference 2 CFR § 200.322)
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. (1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively
within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract
performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available
at EPA's Comprehensive Procurement Guidelines web site, http://www,epa.gov/. The list of EPA -designate
items is available at https://www epa gov/smm/comprehensive-procurement-guideline-cQq-pragram.
B.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OF RELATED
ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contractor's actions pertaining to this contract.
26. RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors subcontractors or consultants to
be paid from funds under this Agreement, shall allow access to its records at reasonable times
"Reasonable" shall ordinarily mean during normal
to the Departments, its employees and agents.
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business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Department.
i. The Contractor shall maintain all records required by the grantor.
ii. All reports, plans, surveys, information, documents, maps and other data procedures
developed, prepared, assembled, or completed by the Contractor for the purpose of this
Agreements shall be made available to the County by the Contractor at any time upon request
by the County or HUD. Upon completion of all work contemplated under this agreement
copies of all documents and records relating to this agreement shall be surrendered to the
County if requested. In any event the sub -recipient shall keep all documents for six (6) years
after the expiration of this agreement.
27. RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section
24 CFR 570,2000) specifies the limitations on CDBG funds.
28. RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government
makes final payment and all other pending matters are closed.
29. "SECTION 3" TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES
(1) The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistancefor housing,
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the S ection 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
(4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor
is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
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Collier County Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
this contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject
to the provisions of section 3 and section 7(b) agree to comply with S ection 3 to the maximum
extent feasible, but not in derogation of compliance with section 7(b).
30. TERMINATION FOR CAUSE AND / OR CONVENIENCE (OVER $10K)
2. TERMINIATION FOR CAUSE AND I OR CONVENIENCE
A. This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating
party, provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in 1.(A) above.
C. If termination for default is effected by the local government, an equitable adjustment in the price
for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any addit
Tonal costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already been
included in an invoice.
For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
(1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications, summaries
and other such information, as may have been accumulated by the contractor in performing this contract,
whether completed or in process.
E. Upon termination, the local government may takeover the work and may award another party a
contract to complete the work described in this contract.
after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to
have been for the convenience of the local government. In such event, adjustment of the contract price
shall be made as provided in paragraph (c) above.
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Collier County Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
31. TRANSPARENCY ACT
Unless exempt under 2 CFR § 170A 1 O(b), the Contractor shall comply with the reporting requirements
of the Transparency Act as expressed in 2 CFR Part 170.
32. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT
OF 1970
The Contractor shall certify they have in effect and are following a Residential Antidisplacement and
Relocation Assistance Plan (RARAP) and comply with the Section 104(d) and implementing regulation 24
CFR Part 42 for Federal or federally funded projects.
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Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
STATE CONTRACT PROVISIONS
Administrative Procedures Act, Section
Additional procedures for particular cases.
In a matter initiated as a result of agency action proposing to determine the substantial interests of a party,
the party's timely petition for hearing may challenge the proposed agency action based on a rule that is an
invalid exercise of delegated legislative authority or based on an alleged unadopted rule.
Discriminatory Vendors List, Section 287.134, F.S.
In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
Equal Employment Opportunity
The Contractor shall not discriminate against any employee or applicant for employment because of race,
age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, age, creed,
color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert
a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials.
Inspector General Cooperation
The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have
access to any records, data and other information deemed necessary to carry out his or her duties and
incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
Interest of Members of Congress
No member of or delegate to the Congress of the United States shall be admitted to any share or part of
this contract or to any benefit arising therefrom.
Interest of Public Officials
No member, officer, or employee of the public body or of a local public body during his tenure or for two
years 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. No member,
officer, or employee of the County or of a local public body during his tenure or for two years thereafter shall
have any interest, direct or indirect, in this contract or the proceeds thereof.
Lobbying
No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or a state agency.
Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service,
or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes.
Public Entity Crime
a) No member, officer or affiliate who has been placed on the convicted vendor list following a conviction
fora public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
5/18/2020 3:01 PM
Collier County
Solicitation 19-7663R
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any publiCu" Y,
and may not transact business with any public entity in excess of the threshold amount provided in Section
287,017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
Restrictions, Prohibits, Controls, and Labor Provisions
During the performance of this contract, the following provisions are to be included in each subcontract
entered into pursuant to this contract:
aI A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non -responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the County.
d) Neither the County nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project a any property included or planned to be
included in the Project in which any member, officer or employee of the County or the locality during tenure
or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
and if such interest is immediately disclosed to the County, the County, with prior approval of the Florida
Department of Transportation, may waive the prohibition contained in this paragraph provided that any such
present member, officer or employee shall not participate in any action by the Agency or the locality relating
to such contract, subcontract or arrangement.
The County shall insert in all contracts entered into in connection with the Project or any property included
or planned to be included in any Project, and shall require its contractors to insert in each of their
subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
STATE AND FEDERAL STATUTES AND REGULATIONS
By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as
applicable) federal and state requirements:
1. Community Development Block Grant Disaster 33. The Wildlife Coordination Act of 1958, as amended;
2. Recovery Emergency Rule 913ER09-2; The Solid Waste Noise Abatement and Control: Departmental Policy
Disposal Act, as amended by the Resource Conservation Implementation, Responsibilities, and Standards, 24
and Recovery Act of 1975 (42 U.S.C., s. 6901 et.seq.); C.F.R. Part 51, Subpart B;
3. Florida Small and Minority Business Act, s. 288.702- 34. Flood Disaster Protection Act of 1973, P.L 92-234;
288.714, F.S.; 35. Protection of Historic and Cultural Properties under HUD
4. Florida Coastal Zone Protection Act, s. 161.52- 161.58, Programs, 24 C.F.R. Part 59;
F.S.; 36. Coastal Zone Management Act of 1972, P.L
5. Local Government Comprehensive Planning and Land 92-583;
Development Regulation Act, Ch. 163, F.S.; 37. Architectural and Construction Standards;
6. Title I of the Housing and Community Development 38. Architectural Barriers Act of 1968,42 U.S.C. 4151;
7. Act of 1974, as amended 39. Executive Order 11296, relating to evaluation of flood
8. Treasury Circular 1075 regarding drawdown of CDBG hazards;
funds. 40. Executive Order 11288. relating to prevention, control
9. Sections 290.0401-290.049, F.S.; and abatement of water pollution;
10. Rule Chapter 91343, Fla. Admin. Code.; 10. Department 41. Cost -Effective Energy Conservation Standards, 24
of Community Affairs Technical Memorandums; C.P.R. Part 39;
11. HUD Circular Memorandums applicable to the Small 42. Section 8 Existing Housing Quality Standards, 24 C.F.R.
Cities CDBG Program; Part 882;
12. Single Audit Act of 1984; 43. Coastal Barrier Resource Act of 1982;
13. National Environmental Policy Act of 1969 and other 44. Federal Fair Labor Standards Act, 29 U.S.C., s.201 et.
provisions of law which further the purpose of this Act; seq.;
14. National Historic Preservation Act of 1966 (Public Law89- 45. Title VI of the Civil Rights Act of 1964 Non
665) as amended and Protection of Historic Properties discrimination;
(24C.F.R. Part 800); 46. Title VII of the Civil Rights Act of 1968 Non-
15. Preservation of Archaeological and Historical Data Act of discrimination in housing;
1966; 47. Age Discrimination Act of 1975;
16. Executive Order 11593 - Protection and Enhancement of 48. Executive Order 12892- Fair Housing
Cultural Environment; 49. Section 109 of the Housing and Community
17. Reservoir Salvage Act; Development Act of 1974, Non-discrimination;
18. Safe Drinking Water Act of 1974, as amended; 50. Section 504 of the Rehabilitation Act of 1973 and 24
19. Endangered Species Act of 1958, as amended; C.F.R. Part 8;
20. Executive Order 12898 - Environmental Justice 51. Executive Order 11063 - Equal Opportunity in Housing;
21. Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain 52. Executive Order 11246- Nondiscrimination;
Management; 53. Section 3 of the Housing and Urban Development Act
22, The Federal Water Pollution Control Act of 1972, as of 1968, as amended - Employment Training of Lower
amended (33 U.S.C., s. 1251 et. seq.); Income Residents and Local Business Contracting;
23. Executive Order 11990 -Protection of Wetlands; 54. Uniform Relocation Assistance and Real Property
24. Coastal Zone Management Act of 1968, as amended; Acquisition Policies Act of 1970, P.L., 10047, and
25. Wild and Scenic Rivers Act of 1968, as amended; 49 C.F.R. Part 24;
26. Clean Air Act of 1977; 55. Copeland Anti -Kickback Act of 1934; Hatch Act;
27. HUD Environmental Standards (24 C.F.R. Part 58); 56, Title N Lead -Based Paint Poisoning Prevention Act (42
28. Farmland Protection Policy Act of 1981; U.S.C., s. 1251 et. seq.);
29. Clean Water Act of 1977; 57. OMB 2 CFR Part 200
30. Davis- Bacon Wage Rate Act; 58. Administrative Requirements for Grants, 24 C.F.R. Part
31. Contract Work Hours and Safety Standards Act of 1962, 40 85; 59. Section 02 of the Department of Housing and
U.S.C. s. 327 et. seq; Urban Development Reform Act of 1989 and 24 C.F.R.
32. Florida Statute 287.134, Discriminatory Vendors List Part 12.
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Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
SECTION 3 REQUIREMENTS
What is Section 3?
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic
development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program
requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training,
employment, and contracting opportunities for low- or very -low income residents in connection with projects and
activities in their neighborhoods.
How does Section 3 promote self- sufficiency?
Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral
foundation coupled with other resources comes the opportunity for economic advancement and self- sufficiency.
• Federal, state and local programs
• Advocacy groups
• Community and faith -based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting
opportunities they have begun the first step to self-sufficiency.
Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information visit our
HUD website.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD -assisted project is located and who have a household income
that falls below HUD's income limits as provided below.
SECTION 3 INCOME LIMITS
(FY 2019 Income Limits from www.huduser.org)
All residents of
public housing
developments and those participating on the Section 8
program qualify as Section 3
residents. Additionally, individuals residing in Collier County who meet the income limits
set forth below also qualify for
Section 3 status.
A picture identification and proof of current residency is required.
Eligibility Guidelines
Number
in Household
Very low-income 50%
Low income
80%
1
person
$271450
$43,900
2
person
$311350
$50,150
3
person
$35,250
$56,400
4
person
$391150
$62,650
5
person
$421300
$67,700
6
person
$45,450
$72,700
7
person
$48,550
$77,700
8
person
$51,700
$82,700
Determining Income Levels
• Low income is defined as 80% or below the median income of that area.
• Very low income is defined as ouw or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or
• Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more
of the dollar amount of the awarded contract.
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Collier County Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
What programs are covered?
Section 3 applies to HUD -funded Public and Indian Housing assistance for development, operating, and
modernization expenditures.
Section 3 also applies to certain HUD -funded Housing and Community Development projects that complete
housing rehabilitation, housing construction, and other public construction.
What types of economic opportunities are available under Section 3?
• Job training
Employment
• Contracts
Any employment resulting from these expenditures, including administration, management, clerical support,
and construction, is subject to compliance with Section 3.
Examples of Opportunities include but not limited to the list identified:
• Accounting
• Architecture
• Appliance repair
• Bookkeeping
• Bricklaying
• Carpentry
• Carpet Installation
• Catering
• Cement/Masonry
• Computer/Information
• Demolition
• Drywall
• Elevator Construction
• Engineering
• Fencing
• Florists
• Heating
• Iron Works
• Janitorial
• Landscaping
• Machine Operation
• Manufacturing
• Marketing
• Painting
• Payroll Photography
• Plastering
• Plumbing
• Printing Purchasing
• Research
• Surveying
• Tile setting
• Transportation
• Word processing
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Solicitation 19-7663R
EXHIBIT LA FEDERAL CONTRACT PROVISIONS
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities. They and their contractors
and subcontractors are required to provide, to the greatest extent feasible, economic opportunities consistent
with existing Federal, State, and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
Persons in public and assisted housing
Persons in the area where the HUD financial assistance is spent
Participants in HUD Youthbuild programs
Homeless persons
For contracting:
Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where
the HUD assistance is being spent. Effective ways of informing residents about available training and job
opportunities are:
Contacting resident organizations, local community development and employment agencies
Distributing flyers
Posting signs
Placing ads in local newspapers
Are recipients, contractors, and subcontractors required to provide long- term employment
opportunities, not simply seasonal or temporary employment?
Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to
low and very low-income persons, including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their
permanent, full-time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30
percent requirement. This encourages recipients to continue hiring Section 3 residents when employment
opportunities are available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for either may file a
complaint if it seems a recipient is violating Section 3 requirements are being on a HUD -funded project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates
complaints. HUD also examines employment and contract records for evidence that recipients are training
and employing Section 3 residents and awarding contracts to Section 3 businesses.
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Collier County Solicitation 19-7663R
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with either the regional or local offices below.
ATLANTA REGIONAL OFFICE
U.S. Department of Housing and Urban Development Southeast Office
40 Marietta Street
Atlanta, GA 30303
(404)331-5140
(800) 440-8091
Fax: (404) 331-1021
Email: complaints office 04@hud.gov
LOCAL HUD FIELD OFFICE
Public Housing and Community Development;
701 NW 1s` Court, 161h Floor; Miami, FL 33136
section3@miamidade.gov
A written complaint should contain:
Name and address of the person filing the complaint
Name and address of subject of complaint (HUD recipient, contractor or subcontractor)
Description of acts or omissions in alleged violation of Section 3
Statement of corrective action sought i.e. training, employment or contracts
Additional information may be found at HUD's Section 3 website
http•//portal nud qov/hudporLal/HUDrsrc-/program offices/fair housing equal opp/section3/section3
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Collier County Solicitation 19-7663R
I'3!i!ifiYin
FEDERAL CONTRACT PROVISIONS
DAVIS BACON ACT IS APPLICABLE ❑YES ®NO
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Collier County
Solicitation 19-7663R
EXHIBIT 1.6 GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
GCA - 2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
GCA - 3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier
Covered Transactions
GCA - 4 Conflict of Interest
GCA - 5 Anticipated DBE, M/WBE or VETERAN Participation Statement
GCA - 6 Acknowledgement of Grant Terms and Conditions
GCA - 7 Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
GCA - 8 Certification of Payments to Influence Federal Transactions
GCA - 1
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Collier County Solicitation 19-7663R
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
,,,,, Paul Foley, PE
Name
CEO/President
Title
Kisinger Campo &Associates, Corp.
Firm
201 N. Franklin Street, Suite 400,
Street Address
Tampa, FL 33602
City, State, Zip
24 CFR 24.510 & 24 CFR, Part 24, Appendix A
Naples Manor Stormwater Improvements Preliminary Engineering Study
Project Name
19-7663R
Project Number
59-1677145
Tax ID Number
085089126
DUNS Number
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Collier County Solicitation 19-7663R
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective
p clpant shall attach an explanation to this form.
z , Paul Foley, PE Collier County
Name Local Government
CEO/President
Title
Kisinger Campo &Associates, Corp.
59-1677145
Tax ID Number
085089126
Firm DUNS Number
201 N. Franklin Street, Suite 400,
Street Address
Tampa, FL 33602
City, State, Zip
3/18/2020
Date
GCA-3
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Collier County
Solicitation 19-7663R
EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
19-7663R
Collier County Solicitation No.
Paul Foley, PE hereby certify that to the best of my knowledge, neither I
or my spouse, dependent child, general partner, or any organization for which I am serving as an officer,
director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have
an arrangement concerning prospective employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any member
of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have
a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which I now serve actively or have served
within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any
person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.
Paul Foley, PE la
Name
CEO/President
Signature
6/18/2020
Poson Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of this information. The primary use of the information on this form is for review
by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws
and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or
local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of
law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a
party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information
relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records
Administration or the General Services Administration in records management inspections; (5) to the Office of
Management and Budget during legislative coordination on private relief legislation; and (6) in response to a
request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the
information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting
person unless authorized by law. See also the OGE/GOUT-2 executive branch -wide Privacy Act system of
records.
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Collier County Solicitation 19-7663R
EXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER C®IJNTY
ANTICIPATED DISADVANTAGED, MINORITY; WOMEN OR VETERAN PARTICIPATION! STATEMENT
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5/18/2020 3:01 PM
Collier County Solicitation 19-7663R
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as
to whether the subcontractor is a minority vendor as defined in Section 288,703, Fla. Stat,
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name Kisinger Campo &Associates, Corp. Date 6/18/2020
Authorized Signature
aul F
PE, CEO/Ptesident
Address 201 N. Franklin Street, Suite 400, Tampa, FL 33602
Solicitation/Contract # 19-7663R
02/15 R3
5/18/2020 3:01 PM p. 75
Collier County Solicitation 19-7663R
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Religious Organization Requirements
24 CFR 570.2000)
In accordance with the First Amendment of the United States Constitution "church/state principles,"
Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to
primarily religious entities for any secular or religious activities,
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may
be deemed to be, a religious or denominational institution or an organization operated for religious purposes
which is supervised or controlled by or operates in connection with a religious or denominational
institution or organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to
the following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion and
will not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage
in no religious proselytizing, and exert no other religious influence in the provision of such public
services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
agreement shall contain no sectarian or religious symbols or decorations; and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore any
facility, which is owned by the provider and in which the public services are to be provided. However,
minor repairs may be made if such repairs are directly related to the public services located in a
structure used exclusively for non -religious purposes and constitute in dollar terms, only a minor
portion of the CDBG/NSP expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that
eligibility of my organization's project depends upon compliance with the requirements contained in this
agreement.
Kisinger Campo &Associates, Corp.
Paul Foley, PE, CEO/President
(Print Name)
5/18/2020 3:01 PM p, 76
Collier County Solicitation 19-7663R
EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification of Payments to Influence Federal Transactions
HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG1 PROGRAM
The undersigned certifies, to the best of his or her knowledge and belief, that:
(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 an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all sub recipients shall certify and disclose accordingly.
This certificationmaterial 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.
1 hereby certify that all the information stated herein, as well as any information provided in the accompaniment
herewithI is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result
in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Paul Foley, PE
Name of Authorized Official
Signature
CEO/President
Title
6/18/2020
Date
5/18/2020 3:01 PM p. 79