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Agenda 02/23/2021 Item #16A17 (RPS #19-7599)02/23/2021 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 19-7599, "Engineering and Design Services for LAP Funded Projects," to Capital Consulting Solutions LLC, in the amount of $499,082.04, for Design Services for Florida Department of Transportation (FDOT) Local Agency Program (“LAP”) Funded Projects, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment. OBJECTIVE: To obtain professional engineering & design services for LAP funded projects. CONSIDERATIONS: The Florida Department of Transportation (“FDOT”) is authorized to contract with other governmental agencies to develop, design, acquire right-of-way, and construct transportation facilities and to reimburse those governmental agencies for services provided to the traveling public. FDOT LAP funded projects are administered at the FDOT district level and is the mechanism used to complete a prioritized project from FDOT’s Five-Year Work Program. On September 12, 2019, the Procurement Services Division issued RPS No. 19-7599 requesting proposals from professional engineering consulting firms pre-qualified by FDOT to provide services for LAP funded projects. On January 31, 2020, a selection committee ranked the top four (4) short-listed firms based on an evaluation of the submitted proposals and oral presentations. On April 28, 2020 (Agenda Item 16.A.21), the Board approved the short list and authorized staff to commence negotiations with the top ranked firm, Capital Consulting Solutions LLC (“Capital”). Staff and Capital negotiated the consultant’s rates, subject to the Board’s approval, for Engineering & Design services for three (3) FDOT LAP projects identified in the attached contract. Capital proposed a total estimated cost for the three projects of $499,082.04, which is within the price range that County staff considers reasonable and fair. Staff therefore recommends that the contract be awarded to Capital Consulting Solutions LLC., for a total contract amount of $499,082.04. The original LAP Agreements were set to expire on June 30, 2020 but, to allow for the completion of LAP administrative closeout procedures after design is complete, FDOT approved up to 24-month extensions to the associated LAP agreements through July 1, 2022. Time Extension Request #1 for all projects is attached for the acknowledgement of the Board. FISCAL IMPACT: The contract cost is $499,082.04. LAP Funds in the amount of $293,478 are available in GMD Grant Fund (711) with the balance of funding to be provided from County funded Transportation Capital Fund (310). Specific project funding allocations are: Project # Project Title Contract Cost Available LAP Funding - Fund (711) Balance of Funding - Fund (310) 33622 Eden Park Elementary Sidewalks $106,676.00 $54,738.00 $51,938.00 33620 111th Avenue North Bike Lanes $94,130.68 $63,740.00 $30,390.68 33621 Lake Trafford Sidewalk and Bike Lanes $298,275.36 $175,000.00 $123,275.36 Total $499,082.04 $293,478.00 $205,604.04 16.A.17 Packet Pg. 748 02/23/2021 A budget amendment will be necessary to reallocate funding within locally funded Transportation Capital Fund (310), in the amount of $205,604.04, from project 60118 to projects 33620, 33621 and 33622. For reference, grant funding is provided by the Federal Highway Administration (FHWA) for Eden Park Elementary Sidewalks (441480-1) and 111th Avenue North Bike Lanes (441846-1). State Funding is provided for Lake Trafford Sidewalk and Bike Lanes (443375-1 & -2), whereby, these grant dollars are passed through the Florida Department of Transportation via grant agreements. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. There is no growth management impact associated with the time extension. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RPS No. 19-7599, “Engineering & Design Services for LAP Funded Projects,” to Capital Consulting Solutions LLC., in the amount of $499,082.04, acknowledge a time extension through July 1, 2022 for the FDOT LAP Agreements (FPN Number: 441480-1, 441846-1, 443375-1, 443375-2, Project Nos. 33620, 33622, 33621) approve the expenditure and the attached budget amendment, and authorize the Chair to sign the attached Agreement. Prepared By: Chad Sweet, P.E. PMP, Senior Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. 19-7599 Capital_PLInsurance 1-12-21 (PDF) 2. [Linked] 19-7599 Capital_VendorSigned r1 (PDF) 3. 19-7599 Capital_GLInsurance 1-12-21 (PDF) 4. 441480-1 Time Extension #1 (PDF) 5. 441846-1 Time Extension #1 (PDF) 6. 443375-1 2 Executed Time Extension #1 (PDF) 16.A.17 Packet Pg. 749 02/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 14689 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 19- 7599, "Engineering and Design Services for LAP Funded Projects," to Capital Consulting Solutions LLC, in the amount of $499,082.04, for Design Services for Florida Department of Transportation (FDOT) Local Agency Program (“LAP”) Funded Projects, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment. Meeting Date: 02/23/2021 Prepared by: Title: Sr. Project Manager – Transportation Engineering Name: Chad Sweet 01/12/2021 11:30 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 01/12/2021 11:30 AM Approved By: Review: Growth Management Department Anthony Khawaja Additional Reviewer Completed 01/12/2021 3:08 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/13/2021 12:53 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 01/14/2021 2:06 PM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 01/15/2021 9:37 AM Procurement Services Sarah Hamilton Additional Reviewer Completed 01/15/2021 12:07 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 01/15/2021 12:59 PM Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/19/2021 9:38 AM Procurement Services Sandra Herrera Additional Reviewer Completed 01/19/2021 2:50 PM Procurement Services Evelyn Colon Additional Reviewer Completed 01/19/2021 4:32 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/20/2021 9:08 AM Growth Management Department Gene Shue Additional Reviewer Completed 01/20/2021 10:12 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/20/2021 12:45 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/27/2021 9:53 AM Grants Valerie Fleming Level 2 Grants Review Completed 01/28/2021 8:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/28/2021 10:18 AM 16.A.17 Packet Pg. 750 02/23/2021 Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/28/2021 10:20 AM Grants Therese Stanley Additional Reviewer Completed 02/11/2021 12:05 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/11/2021 1:12 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/11/2021 5:34 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/23/2021 9:00 AM 16.A.17 Packet Pg. 751 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 January 12, 2021 Collier County Board of County Commissioners 3295 TAMIAMI TRL E NAPLES FL 34112-5758 Account Information: Policy Holder Details :Capital Consulting Solutions LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(877) 287-1316 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team 16.A.17.a Packet Pg. 752 Attachment: 19-7599 Capital_PLInsurance 1-12-21 (14689 : LAP Engineering and Design Services Award) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AP INTEGO INSURANCE GROUP LLC 76250846 375 WOODCLIFF DRIVE STE 103 FAIRPORT NY 14450 CONTACT NAME: PHONE (A/C, No, Ext): (888) 289-2939 FAX (A/C, No): (888) 289-2988 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Hartford Casualty Insurance Company 29424 INSURED CAPITAL CONSULTING SOLUTIONS LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109-4425 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 76 WEG AC1DT2 11/16/2020 11/16/2021 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. RE:Contract # 19-7599 Engineering and Design Services, For LAP Funded Projects " (Capital Consulting Solutions, LLC) (8) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 TAMIAMI TRL E NAPLES FL 34112-5758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 16.A.17.a Packet Pg. 753 Attachment: 19-7599 Capital_PLInsurance 1-12-21 (14689 : LAP Engineering and Design Services Award) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Naples FL 34112 3295 Tamiami Tr E. County Commissioners Collier County Board of Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Government or Collier County is included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non contributory basis if and to the extent required by written contract for any and all work performed on behalf of Collier County. Contract 19-7599 Engineering & Design Services for LAP Funded Projects. Watercraft liability is included for watercraft not owned less than 26 feet, and not being used to carry persons or property for a charge per CG0001 form. 2,500Retention 1,000,000Aggregate limit 1,000,000Per Claim 06/29/202106/29/2020SUA BA3314-2003 PROFESSIONAL LIABILITY B 10,000PERSONAL INJURY 1,000,000 07/01/202107/01/202007814220-2Y8C excluded 2,000,000 1,000,000 5,000 100,000 1,000,000 07/18/202108/18/2020PAV0254319YY 8 8 8 A 10193PROGRESSIVE EXPRESS INS CO 122000LLOYDS OF LONDON 32859PENN AMERICA INS CO 34109FLNaples 9010 Strada Stell Ct #108 Capital Consulting Solutions, LLC chris@olsondinunzio.com 239-596-6226 Christine Olson 34119FLNaples 2536 Northbrooke Plaza Dr Olson & DiNunzio Ins 1/11/2021 16.A.17.c Packet Pg. 754 Attachment: 19-7599 Capital_GLInsurance 1-12-21 (14689 : LAP Engineering and Design Services Award) 16.A.17.ePacket Pg. 755Attachment: 441480-1 Time Extension #1 (14689 : LAP Engineering and Design Services Award) 16.A.17.ePacket Pg. 756Attachment: 441480-1 Time Extension #1 (14689 : LAP Engineering and Design Services Award) 16.A.17.fPacket Pg. 757Attachment: 441846-1 Time Extension #1 (14689 : LAP Engineering and Design Services Award) 16.A.17.fPacket Pg. 758Attachment: 441846-1 Time Extension #1 (14689 : LAP Engineering and Design Services Award) Florida Department of Transportation RON DESANTIS GOVERNOR 801 N Broadway Avenue Bartow, FL 33830 KEVIN J. THIBAULT, P.E. SECRETARY Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov June 9, 2020 Chad Sweet, P.E., PMP Senior Project Manager Collier County 2885 S. Horseshoe Dr. Naples FL, 34104 RE: TIME EXTENSION REQUEST #1 Agreement Type: State Funded Agreement Project Description: Lake Trafford Road Sidewalk and Bike Lanes FM Number: 443375-1-34-01 & 443375-2-34-01 Contract # G1A39 Dear Mr. Sweet: The time extension request submitted by you on June 8, 2020 has been approved. The expiration date of the referenced State Funded Agreement is hereby extended to July 1, 2022. Project Status: The following milestones are anticipated/met: · Engineering and Design Services for LAP funded Projects – Request for Professional Services (RPS) proposal request - advertised 9.11.19 · RPS opening – 11.6.19 · BCC selectio n (RPS 19 -7599) rec ommending shortlisted consultant and authorization to proceed with negotiation – 4.28.20 · Consultant work order negotiation – June/July 2020 · BCC award of Work Order - September 2020 · Design NTP - November 2020 · Design completion - December 2021 DocuSign Envelope ID: 635A7F77-3B79-45C2-BA09-BFA6B75D1515DocuSign Envelope ID: 909876DA-A8DC-42D0-B05D-499F609D9507 16.A.17.g Packet Pg. 759 Attachment: 443375-1 2 Executed Time Extension #1 (14689 : LAP Engineering and Design Services Award) · Closeout - January 2022 · State Funded Agreement expiration buffer – 7.1.22 The above -mentioned milestones and delay was due to FDOT process delay (approx. 6 months). Additionally, Collier County Procurement (18 months) delayed the project d ue to staffin g shortages and procurement procedures. A 12 -month extension to the State Funded agreement for a new expiration date of July 1, 2022. This will allow enough time for completion of construction and closeout requirements. Sincerely, John M. Kubler, P.E. Director of Transportation Development Agency Review and Approval: _______________________________ Name: Chad Sweet, P.E., PMP Title: Senior Project Manager DocuSign Envelope ID: 635A7F77-3B79-45C2-BA09-BFA6B75D1515DocuSign Envelope ID: 909876DA-A8DC-42D0-B05D-499F609D9507 16.A.17.g Packet Pg. 760 Attachment: 443375-1 2 Executed Time Extension #1 (14689 : LAP Engineering and Design Services Award) PROFESSIONAL SERVICES AGREEMENT Contract # 19-7599 foI Engineering and Design Services for LAP Funded Projects " THIS AGREEMENT is made and entered into this day of , 20 21 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 Capital Consulting Solutions LLC. authorized to do business in the State of Florida, whose business address is 9010 Strada Steil Ct , Suite 108, Naples, FL 34109 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Engineering and Design Services for LAP Funded Projects (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. Page 1 of 32 PSA_CCNA Single Project Agreement_Vec4 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 Adam Ahmad, PE, AICP, CGC a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. 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. 1970 The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a).(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement_Ver.4 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252-8999 Email: PublicRecordReguest(a�colliercountyfl.gov 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 Page 3 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 Page 4 of 32 PSA_CCNA Single Project Agreement_Ver.4 ■ this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 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 Page 5 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 Page 6 of 32 PSA_CCNA Single Project Agreement_Vec4 COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition 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. Page 7 of 32 PSA_CCNA Single Project Agreement_Ver.4 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. 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 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 Page 8 of 32 PSA_CCNA Single Project Agreement_Ver.4 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. Page 9 of 32 PSA_CCNA Single Project Agreement_Ver.4 Cq U 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship 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 Page 10 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 160 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 Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Cercate, 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 Page 12 of 32 PSA_CCNA Single Project Agreement_Vec4 CAO 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): Transportation Engineering Division Anthony Khawaja, P.E. 2885 Horseshoe Drive S. Naples, Florida 34104 Chad Sweet, P.E., Senior Project Manager (239) 252-5762 Chad.Sweet colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Capital Consulting Solutions LLC. Address: 9010 Strada Stell Ct, Suite 108 Naples, Florida 34109 Attention Name &Title: Adam Ahmad, PE, AICP, GC Telephone: (239) 273-8894 E-Mail(s): Adam.Ahmad@captialengr.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. Page 13 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 Contract Provisions, Certifications and Assurances Solicitation # 19J599 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded proiects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the Page 14 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction fora 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. 1324, et seg. 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: Crystal K. Kinzel, Clerk of Courts & Comptroller Date: Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness zewaW 6dly �M Name and Title 4/— Witness Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA LIM , Chairman Consultant: Capital Consulting Solutions LLC. 06NA Qk "-J - Name and Title Page 17 of 32 PSA_CCNA Single Project Agreeinent_Ve .4 I t.AC7 �■ following this page (pages SCHEDULE A SCOPE OF SERVICES through 24 ) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 Schedule A-1 LAP 441480-1-38 SCOPE OF PROFESSIONAL SERVICES FOR LAP (FPN 441480-38) EDEN PARK ELEMENTARY SIDEWALKS ON CARSON ROAD FROM CARSON LAKES CIRCLE TO WESTCLOX. ROAD December 2020 GENERAL CONSULTANT shall provide and perform the following professional services, which shall constitute the general scope of Basic Services under the covenants, terms, and provisions of Collier County Contract No. 19-7599 Engineering and Design Services for LAP Funded Projects. CONSULTANT shall conduct surveys, prepare construction plans, specifications, and provide cost estimating services as detailed herein, for the following project: • Construction of 6-foot wide concrete sidewalk on the south and west side of Carson Road from Carson Lakes Circle to Westclox Road. TASKS In accordance with the general scope of Basic Services stated herein, the CONSULTANT shall perform services necessary to complete the following tasks: 1.0 Survey 2.0 Design Services 3.0 Permitting 4.0 Utility Coordination 5.0 Post Design Services TASK 1 SURVEY CONSULTANT shall perform the following survey services: • CONSULTANT shall research the public records available on the Collier County Property Appraiser and Collier County Clerk of Court websites to locate parcel deeds and recorded plats to identify existing right-of-way. CONSULTANT shall perform afield survey to locate, verify, or establish right-of-way lines. • CONSULTANT shall perform a field survey to obtain horizontal and vertical data of visible above ground improvements and visible above ground utilities within the project limits and shall measure cross -sections at 100-foot intervals within the existing right -of --way. CONSULTANT shall prepare a survey base map delineating property boundary lines and right -of --way lines. CAa The horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, North American Datum of 1983 (2011 adjustment). The vertical data will be in feet and shall be referenced to the North American Vertical Datum 1988 (NAVD88). The location of underground improvements or existing underground utilities is not covered under this scope of services. No Subsurface Utility Exploration (SUE) is included in this proposal. TASK 2 DESIGN SERVICES CONSULTANT shall analyze field conditions and determine the alignment for the proposed sidewalk. The sidewalk shall be designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS aka "Florida Greenbook") criteria. The final alignment and typical section for the sidewalk improvements shall be approved by the COUNTY prior to detailed plan production. CONSULTANT shall prepare construction plans denoting the proposed alignment and grade of the sidewalk and associated improvements, including drainage improvements and driveway aprons. The construction plans shall be prepared in general accordance with the FDOT Design Manual (FDM) and will include the following plan sheets: • Key sheet • Summary of pay items • Typical sections • Summary of quantities • General notes • Project layout • Plan and profile sheets • Drainage details (if necessary) • Cross -sections • Erosion control • Signing and pavement marking sheets (if necessary) • Utility adjustment sheets (if necessary) Plan submittals will be made at the 60%, 90%, and final phase of design for review and comment by the COUNTY and FDOT. For the 60%, 90%, and final phase of design submittals, the deliverables shall include: • Five (5) sets of 11"x17" plans • One .pdf file of the plans provided on a CD • CAD drawing (.dwg files) • Other documents as specified in each task CONSULTANT shall prepare an engineer's opinion of probable cost with the 60%, 90%, and final submittals. Cost shall be determined based on FDOT cost history and best available local construction bid costs. CONSULTANT shall prepare the final bid documents and specifications associated with the project. The document will be reviewed by the COUNTY and FDOT. CONSULTANT shall prepare a permit application and assist the COUNTY in obtaining an anticipated permit exemption for this project through the South Florida Water Management District (SFWMD). It is assumed an Environmental Resource Permit (ERP) from the SFWMD is not required as sidewalk projects are typically exempt and surface water drainage impacts are expected to be minimal. Should additional improvements be included necessitating these permits, these services shall be considered additional and negotiated at a later date. Permitting is a regulatory process over which the CONSULTANT has no control and cannot guarantee the permit exemption. CONSULTANT shall respond to and address comments directly related to and precipitated from the above referenced permit exemption application. The above scope and corresponding fees do not include consultation with the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS). Should consultation with these agencies or any additional permitting efforts become necessary during the course of the project, this will be considered additional services to be negotiated at that time. TASK 4 UTILITY COORDINATION CONSULTANT shall identify potential UAO within the project limits and request the location of existing facilities. Following the 60% plan submittal, the CONSULTANT shall send the proposed construction plans to the UAOs requesting any utility adjustment plans in "Red Green Brown" (RGB) format. Any existing utility locations and proposed utility adjustments provided by the UAOs shall be depicted on the sidewalk plan sheets. CONSULTANT shall coordinate and attend one (1) utility coordination meeting. All utility relocations shall be designed and constructed by others. Please note, the CONSULTANT makes no representation on the accuracy of information provided by the UAOs and cannot guarantee their prompt cooperation. TASK 5 POST DESIGN SERVICES The CONSULTANT shall provide the following bidding assistance services: • The CONSULTANT shall attend one (1)pre-construction meeting. • The CONSULTANT shall assist the COUNTY in responding to questions from bidders prior to the bid opening and in evaluating bids received. The CONSULTANT will provide the COUNTY the following limited services during construction: • Provide contract document interpretation and assistance in addressing requests for information (RFI) and unforeseen conditions when requested by the COUNTY. • Periodic meeting attendance (assumes two (2) meetings per month during construction) and field visits (as required to respond to RFI's and review construction progress). • Assist the COUNTY with shop drawing review(s). • Review and assist in field changes which include minor redesign as requested by the COUNTY. • Attend one (1) substantial completion walk through meeting in the field. CONSULTANT shall be ready to perform work upon Notice -to -Proceed (NTP). Overall work order schedule shall not surpass 600 calendar days from the NTP to allow sufficient time for survey, design, permitting, and post design services unless mutually agreed to and extended by the COUNTY. The following tasks are not included in the Scope of Work: • Geotechnical investigation or engineering • U.S. Army Corps of Engineers (USACOE) Permitting • SFWMD environmental resource permitting assistance • Structural design • Collier County right-of-way permitting • Landscape design • Pedestrian signal design • Lighting design • Subsurface Utility Exploration (SUE) • Preparation of easements • Utility design services • Construction inspection services (CEI). • Record drawings SCOPE OF PROFESSIONAL SERVICES FOR LAP (FPN 441480-38) EDEN PARK ELEMENTARY SIDEWALKS ON CARSON ROAD FROM CARSON LAKES CIRCLE to WESTCLOX ROAD December 2020 For services provided and performed by CONSULTANT for provng and performing the Tasks) set forth and entitled "Scope of Professional Services", the COUNTY shall compensate the CONSULTANT as follows: TASK ITEM AMOUNT FEE TYPE (LS; T&M; NTE) 1 Survey $ 143927A Lump Sum 2 Design Services $ 655004.00 Lump Sum 3 Permitting $ 53611.00 Lump Sum 4 Utility Coordination $ 65006900 Lump Sum 5 Post Design Services $ 155128.00 T&M Total Compensation for Consultant's Services $106,676.00 Lump Sum/ T&M Schedule A-2 LAP 441846-1 to Avenue NO fil Bike Lane Imurovemen SCOPE OF PROFESSIONAL SERVICES FOR LAP (FPN 441846-1-38-01) BIKE LANES ALONG 111TH AVENUE FROM BLUEBILL AVE BRIDGE TO 7TH STREET NORTH. December 2020 GENERAL CONSULTANT shall provide and perform the following professional services, which shallconstitute the general scope of Basic Services under the covenants, terms, and provisions of Collier County Contract No. 19-7599 Engineering and Design Services for LAP Funded Projects. CONSULTANT shall conduct surveys, prepare construction plans, specifications, and provide cost estimating services as detailed herein, for the following project: • Construction of 5-foot wide bike lanes on the north and south side of 11 lth Avenue from Bluebill Ave Bridge to 7th Street North (Approximate Length 4600 LF, .871 Miles). TASKS In accordance with the general scope of Basic Services stated herein, the CONSULTANT shall perform services necessary to complete the following tasks: 1.0 Survey 2.0 Design Services 3.0 Permitting 4.0 Utility Coordination 5.0 Geotechnical 6.0 Post Design Services TASK 1 SURVEY CONSULTANT shall perform the following survey services: • CONSULTANT shall research the public records available on the Collier County Property Appraiser and Collier County Clerk of Court websites to locate parcel deeds and recorded plats to identify existing right -of --way. CONSULTANT shall perform a field survey to locate, verify, or establish right -of --way lines. • CONSULTANT shall perform a field survey to obtain horizontal and vertical data of visible above ground improvements and visible above ground utilities within the project limits and shall measure cross -sections at 100400t intervals within the existing right-of-way. CONSULTANT shall prepare a survey base map delineating property boundary lines and right- of-way lines. • CONSULTANT shall provide the topographic survey data in a MicroStation file as a final deliverable. CAO The horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, North American Datum of 1983 (2011 adjustment). The vertical data will be in feet and shall be referenced to the North American Vertical Datum 1988 (NAVD88). The location of underground improvements or existing underground utilities is not covered under this scope of services. No Subsurface Utility Exploration (SUE) is included in this proposal. TASK 2 DESIGN SERVICES CONSULTANT shall analyze field conditions and determine the alignment for the proposed sidewalk. The sidewalk shall be designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS aka "Florida Greenbook") criteria. The final alignment and typical section for the sidewalk improvements shall be approved by the COUNTY prior to detailed plan production. CONSULTANT shall prepare construction plans denoting the proposed alignment and grade of the sidewalk and associated improvements, including drainage improvements, driveway aprons, pedestrian signal, flashing beacon, and CCTV pole removal. The construction plans shall be prepared in general accordance with the FDOT Design Manual (FDM) and will include the following plan sheets: • Cover/Key sheet • Summary of Pay Items • Typical sections • Summary of Quantities • Summary of Drainage Structures • General Notes • Project Layout • Survey Control • Plan and Profile sheets • Drainage Details (if necessary) • Erosion Control Sheets • Cross -sections • Erosion control • Signing and pavement marking sheets (if necessary) • Utility adjustment sheets (if necessary) Plan submittals will be made at the 60%, 90%, and final phase of design for review and comment by the COUNTY and FDOT. Forthe 60%, 90%, and final phase of design submittals, the deliverables shall include: • Five (5) sets of 11"xl7" plans • One .pdf file of the plans provided on a CD • CAD drawing (.dwg files) • Other documents as specified in each task CONSULTANT shall prepare an engineer's opinion of probable cost with the 60%, 90%, and final submittals. Cost shall be determined based on FDOT cost history and best available local construction bid costs. CONSULTANT shall prepare the final bid documents and specifications associated with the project. The document will be reviewed by the COUNTY and FDOT. CONSULTANT shall prepare a permit application and assist the COUNTY in obtaining an anticipated permit exemption for this project through the South Florida Water Management District (SFWMD). Permitting is a regulatory process over which the CONSULTANT has no control and cannot guarantee the permit exemption. CONSULTANT shall respond to and address comments directly related to and precipitated from the above referenced permit exemption application. The above scope and corresponding fees do not include consultation with the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS). Should consultation with these agencies or any additional permitting efforts become necessary during the project, this will be considered additional services to be negotiated at that time. CONSULTANT shall identify potential UAO within the project limits and request the location of existing facilities. Following the 60% plan submittal, the CONSULTANT shall send the proposed construction plans to the UAOs requesting any utility adjustment plans in "Red Green Brown" (RGB) format. Any existing utility locations and proposed utility adjustments provided by the UAOs shall be depicted on the sidewalk plan sheets. CONSULTANT shall coordinate and attend one (1) utility coordination meeting. All utility relocations shall be designed and constructed by others. Please note, the CONSULTANT makes no representation on the accuracy of information provided by the UAOs and cannot guarantee their prompt cooperation. CONSULTANT shall provide thefollowingservices to be completed in the Feld and laboratory for the project: • Perform a total of forty (40) hand auger borings to depths on the order of 5 feet below the ground surface. The hand auger boring locations will alternate from one side of the proposed alignment to the other at intervals of 100 feet. The work will include maintenance of traffic in accordance with FDOT Standards as appropriate. • Perform four (4) pavement core borings within the existing roadway, measure asphalt and base thickness. A hand auger boring will be performed below each pavement core to evaluate sub -base materials. Sample and test four (4) bulk samples for Limerock Bearing Ratio (LBR) testing to determine a design LBR value to be used in pavement design. Bulk samples will be collected adjacent to the existing roadway at depths ranging from 1 to 2 feet below grades. • Laboratory testing: perform laboratory testing as necessary for classification purposes consisting ofNatural Moisture Content, Grain -Size Analysis, Atterberg Limits and Organic Content tests. • Prepare a formal engineering report that summarizes the course of study pursued, the field and laboratory data generated, the subsurface conditions encountered and recommendations including general pavement and construction considerations. GEOTECHNICAL PROJECT APPROACH Services for this project will consist of providing geotechnical engineering services for the support of the proposed roadway improvements for the project referenced above. Services will be performed in general accordance with acceptable industry standards. The results of the roadway fieldwork will be formalized in one Geotechnical Services report. In order to meet the preceding objectives, CONSULTANT proposes to provide the following services: 1. Conduct a visual reconnaissance of the project site and coordinate utility clearance and maintenance of traffic. 2. Perform geotechnical explorations for the proposed roadway improvements project including pavement core borings, auger borings, bulk sampling, and classification testing as described above. 3. Visually examine all recovered soil samples in the laboratory. Perform laboratory tests on selected representative samples to develop the soil legend for the project using the AASHTO classification systems as applicable. 4. Measure groundwater levels at the boring locations and estimate seasonal high groundwater levels along the roadway alignment. 5. Prepare the Report of Geotechnical Services summarizing the results of the geotechnical study in accordance with the scope of services herein that summarizes the course of study pursued, the field data generated, the subsurface conditions encountered and recommendations. CONSULTANT will provide the COUNTY with verbal results of tested conditions and immediately notify the COUNTY should conditions impacting the scope, schedule, or cost of services occur. The proposal is based on the following assumptions: • No hazardous materials exist on -site that would impact the investigation. • The MOT outlined for the fieldwork is acceptable to CONSULTANT and the COUNTY. • Collier County Right of Way (ROW) permits will be required. It is CONSULTAN'T's understanding that permit fees for the ROW permit will be waived by the COUNTY. TASK 6 POST DESIGN SERVICES The CONSULTANT shall provide the following bidding assistance services: • The CONSULTANT shall attend one (1) pre -construction meeting. • The CONSULTANT shall assist the COUNTY in responding to questions from bidders prior to the bid opening and in evaluating bids received. The CONSULTANT will provide the COUNTY the following limited services during construction: • Provide contract document interpretation and assistance in addressing requests for information (RFI) and unforeseen conditions when requested by the COUNTY. • Periodic meeting attendance (assumes two (2) meetings per month during construction) and field visits (as required to respond to RFI's and review construction progress). • Assist the COUNTY with shop drawing review(s). • Review and assist in field changes which include minor redesign as requested by the COUNTY. • Attend one (1) substantial completion walk through meeting in the field. CONSULTANT shall be ready to perform work upon Notice to Proceed (NTP). Overall project schedule shall not surpass 600 calendar days from the NTP to allow sufficient time for survey, design, permitting, and post design services unless mutually agreed to and extended by the COUNTY. EXCLUSIONS The following tasks are not included in the Scope of Work: • Geotechnical investigation or engineering (outside of work specified in proposal) • U.S. Army Corps of Engineers (USACOE) Permitting • SFWMD environmental resource permitting assistance • Structural design • Lighting design • Subsurface Utility Exploration (SUE) • Preparation of easements • Utility design services • Construction inspection services (CEI). • Record drawings • Master Arm Relocation • Right -of -Way Mapping SCOPE OF PROFESSIONAL SERVICES FOR LAP (FPN 44184641 38-01) BIKE LANES ALONG 111TH AVENUE FROM BLUEBILL AVE BRIDGE TO 7TH STREET NORTH. December 2020 For services provided and performed by CONSULTANT for providing and performing the Tasks) set forth and entitled "Scope of Professional Services", the COUNTY shall compensate the CONSULTANT as follows: TASK ITEM AMOUNT FEE TYPE (LS; T&M; NTE) 1 Survey $143085.00 Lump Sum 2 Design Services $47,660.00 Lump Sum 3 Permitting $29916000 Lump Sum 4 Utility Coordination $39514900 Lump Sum 5 Geotechnical $105227068 Lump Sum 6 Post Design Services $155728.00 T&M Total Compensation for Consultant's Services $ 9491304 Schedule A-3 0 Improvements SCOPE OF PROFESSIONAL SERVICES FOR LAP: (FPN 443375-1) AND (FPN 443375-2) "LAKE TRAFFORD SIDEWALK AND BIKE LANES IMPROVEMENTS" (FROM LITTLE LEAGUE ROAD TO LAUREL STREET) December 039 2020 1.0 INTRODUCTION CONSULTANT shall provide and perform the following professional services for a project developed by the Collier County Growth Management Department, Transportation Engineering Division, (referred hereafter as COUNTY), per the general scope of Basic Services under the covenants, terms, and provisions of Collier County Contract No. 19-7599 Engineering and Design Services for LAP Funded Projects. CONSULTANT shall prepare construction plans, specifications, and provide cost estimating services as detailed herein, for the following project(s): Sidewalk Project • Construction of 6400t wide concrete sidewalk* on the south side of Lake Trafford Road from Carson Road to Krystal Lane (Approx. 2750 LF) • Construction of 6-foot wide concrete sidewalk* on the south side of Lake Trafford Road from North 18t" Street to Laurel Street (Approx. 800 LF) Bike Lane Project • Construction of 5-foot Bike Lane* along both sides of Lake Trafford Road from Little League Road to Laurel Street (Approx. 9750 LF x (2) Sides = 19,500 Feet Total) *Note: Sidewalk and Bike Lane width may vary 2.0 SERVICES TO BE PERFORMED In accordance with the general scope of Basic Services stated herein, the CONSULTANT shall perform services necessary to complete the following tasks: CONSULTANT shall analyze field conditions and determine the alignment for the proposed sidewalk. The sidewalk shall be designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS aka "Florida Greenbook") criteria. The final alignment and typical section for the sidewalk improvements shall be approved by the COUNTY prior to detailed plan production. CONSULTANT shall prepare construction plans denoting the proposed alignment and grade of the sidewalk and associated improvements, including drainage improvements and driveway aprons. The construction plans shall be prepared in general accordance with the FDOT Design Manual (FDM) and will include the following plan sheets: • Key sheet • Summary of pay items • Typical sections • Summary of quantities • General notes • Project layout • Plan and profile sheets • Drainage details (if necessary) • Cross -sections • Erosion control • Signing and pavement marking sheets (if necessary) • Utility adjustment sheets (if necessary) Once Survey is obtained, CONSULTANT will schedule a meeting with COUNTY staff to review the provided County concepts and identify any necessary deviations for the planned improvements. Plan submittals will be made at the 60%, 90%, and final phase of design for review and comment by the COUNTY and FDOT. For the 60%, 90%, and final phase of design submittals, the final deliverables shall include: • Five (5) sets of 11 "x17" plans • One .pdf file of the plans provided on a CD • CAD drawing (.dwg files) • Other documents as specified in each task CONSULTANT shall prepare an engineer's opinion of probable cost with the 60%, 90%, and final submittals. Cost shall be determined based on FDOT cost history and best available local conshuction bid costs. CONSULTANT shall prepare an engineer's opinion of probable cost with the 60%, 90%, and Final Submittals. Cost shall be determined based on FDOT cost history and best available local construction bid costs. In providing opinions of cost and schedules, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. CONSULTANT shall prepare the final bid documents and specifications associated with the project. The document will be reviewed by the COUNTY and FDOT. �1SK 1B. SIDEWAL.K PERMITTING CONSULTANT shall prepare a permit application and assist the COUNTY in obtaining an anticipated "Permit Exemption" for this project through the South Florida Water Management District (SFWMD). It is assumed (and scoped) that an Environmental Resource Permit (ERP) from the SFWMD is not required as sidewalk projects are typically exempt and surface water drainage impacts are expected to be minimal. Should additional improvements be included necessitating these permits, these services shall be considered "Additional Services" and negotiated at a later date. Permitting is a regulatory process over which the CONSULTANT has no control and cannot guarantee the permit exemption. CONSULTANT shall respond to and address comments directly related to and precipitated from the above referenced permit exemption application. The above scope and corresponding fees do not include consultation with the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS). Should consultation with these agencies or any additional permitting efforts become necessary during the course of the project, this will be considered "Additional Services" to be negotiated at that time. CONSULTANT shall identify potential UAO (perform One -Call) within the project limits and request the location of existing facilities. Following the 60% plan submittal, the CONSULTANT shall send the proposed construction plans to the UAOs requesting any utility adjustment plans in "Red Green Brown" (RGB) format. Any existing utility locations and proposed utility adjustments provided by the UAOs shall be depicted on the sidewalk plan sheets. CONSULTANT shall coordinate and attend one (1) utility coordination meeting. All utility relocations shall be designed and constructed by others. Please note, the CONSULTANT makes no representation on the accuracy of information provided by the UAOs and cannot guarantee their prompt cooperation. CONSULTANT will reasonably rely upon the accuracy, and completeness of the information/data provided by the County or other third parties. CONSULTANT shall perform the following survey services: • CONSULTANT shall research the public records available on the Collier County Property Appraiser and Collier County Clerk of Court websites to locate parcel deeds and recorded plats to identify existing right-of-way. CONSULTANT shall perform a field survey to locate, verify or establish right -of --way lines. • CONSULTANT shall perform afield survey to provide horizontal and vertical data of visible above ground improvements and visible above ground utilities within the project limits and shall provide topographic cross sections at 100-foot intervals from the roadway centerline to the existing south right -of --way line. CONSULTANT shall prepare a survey base map delineating property boundary lines and right -of -way lines. • CONSULTANT shall prepare a DTM for the project area and map the horizontal and vertical data collected for visible above ground improvements within the project limits. CONSULTANT shall provide the topographic survey data in a MicroStation file as a final deliverable. The horizontal data will be State Plane Coordinate, Florida East Zone, North American Datum of 1983 (2011 adjustment), feet. The vertical data will be North American Vertical Datum 1988 (NAVD88) feet. The location of underground improvements or existing underground utilities is not covered under this scope of services, other than information provided by Utility Agency Owners (UAO) specified in Task 1 C. ■ The CONSULTANT shall provide the following bidding assistance services: • The CONSULTANT shall attend one (1) pre -construction meeting. • The CONSULTANT shall assist the COUNTY in responding to questions from bidders prior to the bid opening and in evaluating bids received. The CONSULTANT will provide the COUNTY the following limited services during construction; • Provide contract document interpretation and assistance in addressing requests for information (RFI) and unforeseen conditions when requested by the COUNTY. • Periodic meeting attendance (assumes two (2) meetings per month during construction) and field visits (as required to respond to RFI's and review construction progress). • Assist the COUNTY with shop drawing review(s). • Review and assist in field changes which include minor redesign as requested by the COUNTY. • Attend one (1) substantial completion walk through meeting in the field. The following tasks are not included in the Task 1 Scope of Work for this Agreement: Services other than those specifically listed above including, but not limited to: • Geotechnical investigation or engineering • SFWMD environmental resource permitting assistance • Structural design • Collier County right-of-way permitting • Landscape design • Roadway and Pedestrian signal design • Lighting design • Subsurface Utility Exploration (SUE) • Preparation of easements • Utility design services • Construction inspection services (CEI). • Record drawings • Right -of -Way Mapping CONSULTANT shall analyze field conditions and determine the roadside impacts associated with the proposed 5-foot paved shoulders/bicycle lanes. The paved shoulders/bicycle lanes shall be designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS aka "Florida Greenbook") criteria. The pavement design and typical section for the paved shoulders/bicycle COUNTY prior to detailed plan production. lanes improvements shall be approved by the CONSULTANT shall perform general roadway analysis and design services in support of the roadway pIan production. Such services may include, but are not limited to, evaluation of drainage impacts, roadside safety issues, driveway and access tie-ins, conflicts with existing features, and determination of the corresponding accommodations. Adjustments to existing Pedestrian Signals along Lake Trafford Road at the Intersections of 19''' Street and Carson Avenue is anticipated. The design of two (2) new Rectangular Rapid Flashing Beacon(s) is anticipated at the existing mid - block crossings by 18"1 Street and Lincoln Boulevard (Lake Trafford Elementary School). Existing drainage within future bike lane area may need to be modified/adjusted in certain areas such as turn lane areas. Minor modifications such as minor sidewalk adjustments (length and offset), grate replacements, inlet relocations, inlet top adjustment are included. Extensive sidewalk segment relocations (lengths greater than 75 ft +/-) and/or drainage modifications such as drainage "trunk line" relocation is NOT included in this scope of services but can be added as Additional Services. Requirements will be fully known once survey is obtained and conceptual designs prepared. CONSULTANT shall perform a pavement analysis in accordance with the FDOT Flexible Pavement Design Manual to determine the applicable shoulder pavement section. CONSULTANT shall prepare construction plans of the proposed paved shoulders/bicycle lanes and associated roadside improvements, including drainage improvements and driveway aprons. The construction plans shall be prepared in general accordance with the FDOT Design Manual (FDM) and will include the following plan sheets: • Key sheet • Summary of pay items • Typical sections • Summary of quantities • General notes • Project layout • Plan and profile sheets • Drainage details (if necessary) • Cross -sections • Pedestrian Signal Adjustment Plans and Details • Erosion control • Signing and pavement marking sheets (if necessary) • Utility adjustment sheets (if necessary) Once Survey is obtained, CONSULTANT will schedule a meeting with COUNTY staff to review the provided County concepts and identify any necessary deviations for the planned improvements. Plan submittals will be made at the 60%, 90%, and final phase of design for review and comment by the COUNTY and FDOT. For the 60%, 90%, and final phase of design submittals, the deliverables shall include: ■ • Five (5) sets of 11 "x I / plans • One .pdf file of the plans provided on a CD • CAD drawing (.dwg files) • Other documents as specified in each task CONSULTANT shall prepare an engineer's opinion of probable cost with the 60%, 90%, and final submittals. Cost shall be determined based on FDOT cost history and best available local construction bid costs. In providing opinions of cost and schedules, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. CONSULTANT shall prepare the final bid documents and specifications associated with the project. The document will be reviewed by the COUNTY and FDOT. CONSULTANT shall prepare a permit application and assist the COUNTY in obtaining an anticipated permit exemption for this project through the South Florida Water Management District (SFWMD). It is assumed (and scoped) that an Environmental Resource Permit (ERP) from the SFWMD is not required as shoulder (safety) projects are typically exempt and surface water drainage impacts are expected to be minimal. Should additional improvements be included necessitating these permits, these services shall be considered "Additional Services" and negotiated at a later date. Permitting is a regulatory process over which the CONSULTANT has no control and cannot guarantee the permit exemption. CONSULTANT shall respond to and address comments directly related to and precipitated from the above referenced permit exemption application. The above scope and corresponding fees do not include consultation with the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS). Should consultation with these agencies or any additional permitting efforts become necessary during the course of the project, this will be considered additional services to be negotiated at that time. CONSULTANT shall identify potential UAO (perform One -Call) within the project limits and request the location of existing facilities. Following the 60% plan submittal, the CONSULTANT shall send the proposed construction plans to the UAOs requesting any utility adjustment plans in "Red Green Brown" (RGB) format. Any existing utility locations and proposed utility adjustments provided by the UAOs shall be depicted on the sidewalk plan sheets. CONSULTANT shall coordinate and attend one (1) utility coordination meeting. All utility relocations shall be designed and constructed by others. Please note, the CONSULTANT makes no representation on the accuracy of information provided by the UAOs and cannot guarantee their prompt cooperation. CONSULTANT will reasonably rely upon the accuracy, and completeness of the information/data provided by the County or other third parties. CONSULTANT shall perform the following survey services: • CONSULTANT shall research the public records available on the Collier County Property Appraiser and Collier County Clerk of Court websites to locate parcel deeds and recorded plats to identify existing right-of-way. CONSULTANT shall perform a field survey to locate, verify or establish right -of --way lines. • CONSULTANT shall perform a field survey to provide horizontal and vertical data of visible above ground improvements and visible above ground utilities within the project limits and shall provide topographic cross sections at 100-foot intervals from the existing north right- of" way line to the existing south right-of-way line. CONSULTANT shall prepare a survey base map delineating property boundary lines and right -of -way lines. • CONSULTANT shall prepare a DTM for the project area and map the horizontal and vertical data collected for visible above ground improvements within the project limits. • CONSULTANT shall provide the topographic survey data in a MicroStation file as a final deliverable. The horizontal data will be State Plane Coordinate, Florida East Zone, North American Datum of 1983 (2011 adjustment), feet. The vertical data will be North American Vertical Datum 1988 (NAVD88) feet. The location of underground improvements or existing underground utilities is not covered under this scope of services, other than information provided by Utility Agency Owners (UAO) specified in Task Co TASK 2 . BIK . L.ANE(,�,1 .OT . HNICAL. CONSULTANT will provide the following services to be completed in the field and laboratory for the project. • Perform a total of ninety-eight (98) hand auger borings to depths on the order of 5 feet below the ground surface. The hand auger boring locations will alternate from one side of the proposed alignment to the other at intervals of 100 feet. The work will include maintenance of traffic in accordance with FDOT Standards as appropriate. • Perform eight (8) pavement core borings within the existing roadway, measure asphalt and base thickness. A hand auger boring will be performed below each pavement core to evaluate sub -base materials. Sample and test eight (8) bulk samples for Limerock Bearing Ratio (LBR) testing to determine a design LBR value to be used in pavement design. Bulk samples will be collected adjacentto the existing roadway at depths ranging from 1 to 2 feet below grades. • Laboratory testing • Perform laboratory testing as necessary for classification purposes consisting ofNatural Moisture Content, Grain -Size Analysis, Atterberg Limits and Organic Content tests. • Prepare a formal engineering report that summarizes the course of study pursued, the field and laboratory data generated, the subsurface conditions encountered and recommendations including general pavement and construction considerations. GEOTECHNICAL PROJECT APPROACH Services for this project will consist of providing geotechnical engineering services for the support of CAO the proposed roadway improvements for the project referenced above. Services will be performed in general accordance with acceptable industry standards. The results ofthe roadway fieldwork will be formalized in one Geotechnical Services report. In order to meet the preceding objectives, CONSULTANT proposes to provide the following services: 1. Conduct a visual reconnaissance of Lite project site and coordinate utility clearance and maintenance of traffic. 2. Perform geotechnical explorations for the proposed roadway improvements project including pavement core borings, auger borings, bulk sampling, and classification testing as described above. 3. Visually examine all recovered soil samples in the laboratory. Perform laboratory tests on selected representative samples to develop the soil legend for the project using the AASHTO classification systems as applicable. 4. Measure groundwater levels at the boring locations and estimate seasonal high groundwater levels along the roadway alignment. • Prepare the Report of Geotechnical Services summarizing the results of the geotechnical study in accordance with the scope of services herein that summarizes the course of study pursued, the field data generated, the subsurface conditions encountered and recommendations. CONSULTANT will provide the COUNTY with verbal results of tested conditions and immediately notify the COUNTY should conditions impacting the scope, schedule, or cost of services occur. The proposal is based on the following assumptions: • No hazardous materials exist on -site that would impact the investigation. • The MOT outlined for the fieldwork is acceptable to CONSULTANT and the COUNTY. • Collier County Right of Way (ROW) permits will be required. It is the CONSULTANT's understanding that permit fees for the ROW permit will be waived by a The CONSULTANT shall provide the following bidding assistance services; • The CONSULTANT shall attend one (1)pre-construction meeting. • The CONSULTANT shall assist the COUNTY in responding to questions from bidders prior to the bid opening and in evaluating bids received. The CONSULTANT will provide the COUNTY the following limited services during construction: • Provide contract document interpretation and assistance in addressing requests for information (RFI) and unforeseen conditions when requested by the COUNTY. • Periodic meeting attendance (assumes two (2) meetings per month during construction) and field visits (as required to respond to RFI's and review construction progress). • Assist the COUNTY with shop drawing review(s). CAO • Review and assist in field changes which include minor redesign as requested by the COUNTY. • Attend one (1) substantial completion walk through meeting in the field. The following tasks are not included in the Task 2 Scope of Work for this Agreement: Services other than those specifically listed above including, but not limited to: • Sidewalk/Drainage Re -Design (limited locations only are included) • SFWMD environmental resource permitting assistance • Structural design • Collier County right-of-way permitting • Landscape design • Roadway Mast Arm/Strain Pole Signal Design/Modification • Lighting design • Subsurface Utility Exploration (SUE) • Preparation of easements • Utility design services • Construction inspection services (CEI). • Record drawings 3.0 REQUIREMENTS AND PROVISIONS FOR WORK Project Schedule The Consultant shall meet with Capital and County staff to develop the individual milestone task schedule. Consultant shall be ready to begin work immediately upon Notice to Proceed (NTP). Overall Project Schedule shall not extend beyond 600 Calendar Days from NTP to allow sufficient time for )esign, Permitting, Bidding and Construction unless mutually agreed to and extended by Collier County. Cqp SCOPE OF PROFESSIONAL SERVICES FOR LAP (FPN 443375=1) AND (FPN 443375-2) "LAKE TRAFFORD SIDEWALK AND BIKE LANES IMPROVEMENTS" (FROM LITTLE LEAGUE ROAD TO LAUREL STREET). December 2020 For services provided and performed by CONSULTANT for provng and performing the Tasks) set forth and entitled "Scope of Professional Services", the COUNTY shall compensate the CONSULTANT as follows. TASK ITEM AMOUNT FEE TYPE (LS; T&M; NTE) IA Sidewalk Design Services $ 60,676.00 Lump Sum 113 Sidewalk Permitting $ 5,052.00 Lump Sum 1C Sidewalk utility Coordination $ 79132.00 Lump Sum 1D Sidewalk Survey (Johnson) $ 5,000.00 Lump Sum lE Post Design Services $ 15,872.00 T&M TASK ITEM AMOUNT FEE TYPE (LS; T&M; NTE) 2A Bike Lane Design Services $ 124,218.00 Lump Sum 2B Bike Lane Permitting $ 10,668.00 Lump Sum 2C Bike Lane Utility Coordination $ 9,932.00 Lump Sum 21) Bike Lane Survey (Johnson) $ 17,992.00 Lump Sum 2E Geotechnical (Tierra) $ 22,091.36 Lump Sum 2F Post Design Services $ 19,642.001 T&M Total Compensation for Consultant's Services $ 298,275.36 cno 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 8.2.1. 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. 441480-1 Eden Park Elementar Sidewalks � � 1 Surve $14,927.00 $ 2 Desi n Services $ 65 004.00 $ 3 Permitting $ 5,611.00 $ 4 Utility Coordination $ 6 006.00 $ 5 Post Desiqn Services $ $15,128,00 SEE FOLLOWING PAGE FOR $ $ ADDITIONAL COMPENSATION AMOUNTS $ $ $ $ $ $ $ $ Page 19 of 32 15.128. PSA_CCNA Single Project Agreement_Ver.4 CA 441846-1 111th Avenue North Bike Lanes Tasks/Item Description Lump Sum Time and Materials NotJo= Exceed 443375A Lake Trafford Sidewalk / 443375-2 Lake Trafford Bike Lanes 1A Sidewalk Design Services $60,676400 $ 1 B Sidewalk Permitting $5,052.00 $ 1C Sidewalk Utility Coordination $7,132.00 $ 1 D Sidewalk Survey $5,000000 $ 1 E Post Design Services $ $15,872.00 2A Bike Lanes Design Services $124,218000 $ 2B Bike Lanes Permitting $10,668.00 $ 2C Bike Lanes Utility Coordination $9,932600 $ 2D Bike Lanes Survey $17,992000 $ 2E Bike Lanes Geotechnical $22,091,36 $ 2F $ $19,642,00 Total Lump Sum Fee $2621761.36 Total Time and Materials Fee DO $298,275436 GRAND TOTAL FEE 3.2.2. F01* 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. B.2.3. ❑� *Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. 6.2.4. 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_Ver.4 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 subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.101. 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 C elk 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 Wine 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_Ver.4 SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Engineer $175 Engineer $136 Designer $109 Senior Environmental S ecialist $156 Senior Technician $102 Surveyor & Mapper $142 Technician $83 Secretary / Admin. $73 Survey Crew 2-Man $152 Senior Designer $128 Principal $238 Project Manager $165 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Proiects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/Item Description 441480-1 Eden Park Elementary Sidewalks Number of Calendar Days For Completion of Task from bate of Notice to Proceed 1-4 (Survey; Design; Permitting; and Utility 1270 Coordination 5 (Post Design Services 441846-1 111th Avenue North Bike Lanes 330* 1-5 ISurvey: Design; Permitting; Utility 1270 Coordination; and Geotechnical 6 � Post Design Services 443775-1 Lake Trafford Sidewalk 330** 1A-1 D I Sidewalk Design Services; Permitting; Utility 1270 Coordination; and Survey 1 E I Post Design Services 1330 443375-2 Lake Trafford Bike Lanes 2A-2E Bike Lanes) Design Services; Permitting; 270 Utility Coordination; Survey; and Geotechnical 2F Post Design Services 330*** * A separate NTP will be issued to commence work for Task 5, Post Design Services. ** A separate NTP will be issued to commence work for Task 6, Post Design Services. *** A separate NTP will be issued to commence work for Post Design Services, Tasks lE and 2F, respectively. 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_Ver.4 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 al, 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 0 No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? �■ Yes ❑ No A. Commercial General Liability Insurance, written on maintained by the CONSULTANT. Coverage will include, but Page 26 of 32 an "occurrence" basis, shall be not be limited to, Bodily Injury, 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 SUBCONSULTANT in limits of not less than $5,000,000 each completion of the Services under this Agreement. Required by this Agreement? ❑Yes ❑� No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? � Yes ❑ No the CONSULTANT or the occurrence if applicable to the 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 A No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑Yes ❑■ No Cyber Insurance: Coverage shall have minimum limits of $ 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 $1,000,000 each claim and aggregate. Be 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_Vec4 CAO 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. woo 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_Vec4 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Capital Consulting Solutions LLC. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Engineering and Design Services for LAP Funded Projects "project" is accurate, complete and current as of the time of contracting. TITLE: 14NMbl1� DATE: i19�21 Page 30 of 32 PSA_CCNA Single Project Agrecment_Ver.4 CCAO)' SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time 441480-1 Scope Eden Park Elementary Sidewalks Adam Ahmad Senior Engineer 3% Marmi Sica Engineer 3% Ra an AkHebshi Designer 2% Joshua Hildebrand Senior Engineer 20% Leah Holmes Engineer 11% Rick Acosta Engineer 2% Joseph DeBono Designer 7% Brennan McGill Designer 7% Laura Herrero Senior Environmental Specialist 2% Trema ne Whitfield Senior Technician 27% Adams Surveyor & Mapper 2% .Guy Mathew Beaudoin Technician 3% Jennifer Chrovian Secretary / Administration 2% Survey Crew Survey Crew 24an 9% 441846-1 111t" Avenue North Bike Lanes Adam Ahmad, PE, AICP,GC Ronald Leder, PE Senior Engineer Engineer 16.26% 26.84% Marmi Sica, El Senior Designer 34.22% Ra an AI-Hebshi, El Designer 9.26% Fritznel Saint Louis, El Designer 9.26% June Lehmann Secretary/Admin. 4.16% 443375-1 and 443375-2 Lake Trafford Bike Lanes Bill Gramer Principal 3.36% Javier Ortiz -Velez Project Manager 7.16% Darren Dyer Senior Engineer 19.13% Felicia Kirby En ineer 28.41 % Kevin Heldorfer Senior Designer 10.40% Rick Gorsia Senior Environmental Specialist 2.01 % Nathan Lunsford Designer 16.55% Vanessa Davis Secretary/Admin. 2.57% Nick DeCiccio Senior Designer 10.40% Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 CAO Other: SCHEDULE G Federal Contract Provisions, Certifications and Assurances following this page (pages ❑ this schedule is not applicable (Description) through 29 ) Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 EXHIBIT I FEDERAL CONTRACT PROVISIONS UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA) CFDA 20.205 LOCAL AGENCY PROGRAM FEDERAL -AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS (375-040-84) The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g, subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. State of Florida Program Management Revision 12/I7 (Exhibit) I — 1 RPS 19-7599, Page 35 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS TERMS FOR FEDERAL AID CONTRACTS The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all fights of the Local Agency relating to inspection, Peview3 approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter It 9, Florida Statutes, The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding. D. The consultant shall provide access by the Florida Department VT o1*t adion (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation Title 495 Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. State of Florida Program Management Revision 12/17 (Exhibit) I — 2 RPS 19-7599, Page 36 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such State of Florida Program Management Revision 12/17 (Exhibit) I — 3 RPS 19-7599, Page 37 of 96 CAU EXHIBIT I FEDERAL CONTRACT PROVISIONS programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. N.1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex H, the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the projects) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. State of Florida Program Management Revision 12/17 (Exhibit) I — 4 RPS 19-7599, Page 38 of 96 CAU EXHIBIT I FEDERAL CONTRACT PROVISIONS .The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to l . employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant fiir•ther• acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under the contract. State of Florida Program Management Revision 12/U (Exhibit) I — 5 RPS 19-7599, Page 39 of 96 , EXHIBIT I FEDERAL CONTRACT PROVISIONS TITLE VI (FDOT APPENDICES A & E) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. State of Florida Program Management Revision 12l17 (Exhibit) I — 6 Cap RPS 19-7599, Page 40 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, FederalAviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects), Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). State of Florida Program Management Revision 12/l7 (Exhibit) I — 7 RPS 19-7599, Page 41 of 96 CAU EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Exhibit II Page Form 25 3 Form 275-030-11 DBE Bid Package Information 49 5 Collier County Anticipated DBE Participation Statement, Part I and II 6 Form 375-030-30 Truth in Negotiation Certification 7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions for Federal Aid Contracts 8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 9 Form 375-030-34 Certification for Disclosure of Lobbying Activities 10-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification RPS 19-7599, Page 42 of 96 CAO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 10/17 Page 1 of 2 DBE Utilization The Department began its DBE race neutral program January 1, 2000, Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10,65% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A % DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information. Forms may be downloaded at: www.dot.state.fl.us/proceduraidocuments/ . DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre -construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order foI our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors orsub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www3 dot state fl us/EqualOpr)ortunityComr)liance/Account aspx/Loaln?ReturnUrl=%2fEcivalOppor tunityCompliance%2f . RPS 19-7599, Page 43 of 96 �� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BE BID PACKAGE INFORMATION 27s-osa1 EQUAL OPPORTUNITY OFFICE 09/19 Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11 B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office rp for to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: • Print the first page of the document on company stationery ("letterhead") that indicates the company's name, mailing address, phone number, etc. • Print the company's name in the space; next to "Date" print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to; eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. Adam Ahmad, PE, AICP, GC 10/20/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICES DBE OR SMALL BUSINESS COMMITMENT FORM 375-030-83 PROCUREMENT oen 9 Firms will submit this form in response to the Request for Proposal or alternatively, at the time of Expanded Letter of Response submittal. Used for Professional Services: • BDI Set -Asides (Standard note 7 of Professional Services advertisement) • Advertisements that contain Under -Utilized Work Groups (Standard note 8 of professional services ad) • Advertisements that contain a DBE/Small Business Aspiration Goal (Standard note 9 of professional services ad) Contract/Advertisement No.: 7599 Prime Consultant: 1 Capital Consulting Solutions, LLC Project Description. Engineering and Design Services for LAP Funded Projects Expected percentage of contract fees to be utilized by DBE(s): 50 %. (Combine DBE Prime and DBE subconsultants, if applicable). Expected percentage of contract fees to be utilized by Non -DBE Small Businesses 50 %. (Combine Non -DBE Small Business Prime and Non -DBE Small Business subconsultants, if applicable). The ro osed Prime and DBE and Small Business subconsultants/subvendors are as follows: Type of Work Small Prime (List each type of work separately, Percentage DBE Business only one Woe of work Per line Capital Consulting Solutions,LLC 3.1 50% Capital Consulting Solutions, LLC 7.1 50% Ci�oose an itcr�?. % ❑ ❑ Choose earl itefit % ❑ ❑ Choose an item. % ❑ ❑ Choose; an item. % ❑ ❑ Choose an itern. % ❑ ❑ Chaos(: in item. % ❑ ❑ Type of Work Subconsultant/Subvendor (List each type of work separately, Percentage oni one type of work Per line Johnson Engineering Inc. 3.1 22 5% ❑ ❑ Johnson Engineering Inc. 4.1.1 22.5% ❑ ❑ Johnson Engineering Inc. 7.1 22.5% ❑ ❑ Johnson Engineering Inc. 7.2 22.5% ❑ ❑ Johnson Engineering Inc. 7.3 22.5% ❑ ❑ Johnson Engineering Inc. 8.1 22.5% ❑ ❑ Johnson Engineering Inc. 8.2 22.5% ❑ ❑ Jacobs Engineering Group Inc 3.1 22.5% ❑ ❑ Jacobs Engineering Group Inc 4.1.1 22.5% ❑ ❑ Jacobs Engineering Group Inc 7.1 22.5% ❑ ❑ Jacobs Engineering Group Inc 7.2 22.5% ❑ ❑ Jacobs Engineering Group Inc 7.3 22.5% ❑ ❑ Jacobs Engineering Group Inc 8.1 22.5% ❑ ❑ Jacobs Engineering Group Inc 8.2 22.5% ❑ ❑ Jacobs Engineering Group Inc 8A 22.5% ❑ ❑ Tierra Inc. 9.1 Ej 5% Tierra Inc. 9.2 5% Please note, the number one ranked firm is required to enter DBE Participation in the Equal Opportunity Compliance (EOC) Syster T Firms listed in the table as DBEs should appear in the Department's listing of DBE's at: https://fdotxwp02 dot state fi us/EgualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Professional Services firms listed as "Non -DBE" Small Businesses should appear on the Department's listing of all Non -DBE Small Businesses at: https:Hssrs fdot Clov/Reports/report/PDA%20Reports/Pubiic%20Reports/InternetGroupX (Be sure to select the "Non - DBE Small Businesses Only" option in the selection). Road and bridge construction firms and other non-professional services firms should appear on the Department's listing at: https://www fdot gov/procurement/small-business-Reports.htm By: Adam Ahmad Title: Owner Capital Consulting Date: 11/22/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30 TRUTH IN NEGOTIATION CERTIFICATION PROClA2EM05N4 Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. Name of Co By. Adam Ahmad, PE, AICP, GC 10/20/2019 Date RPS 19-7599, Page 47 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT 01vo CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 11n5 INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Capital Consulting Solutions, LLC By: Date: 10/20/2019 Title: Owner Instructions for Certification Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www,epls.govnI which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. RIPS 19-7599, Page 48 of 96 '�1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) 375-030-33 PROCUREMENT 10/01 The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Capital Consulting Solutions, LLC By. Adam Ahmad, PE, AICP, GC Authorized Signature: Title: Owner Date: 10/20/2019 RPS 19-7599, Page 49 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISCLOSURE OF LOBBYING ACTIVITIES Is this form applicable to your firm? YES ❑ NO EZ If no, then please complete section 4 below for "Prime" 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b, grant b. initial award b. material change c, cooperative agreement c. post -award For Material Change Only. d.loan Year: Quarter: e, loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: ® Prime ❑ Subawardee Tier , if known: Adam Ahmad, PE, AICP, GC 9010 Strada Stell Ct, Suite 108, Naples, Florida 34109 Congressional District, if known: 4c 5. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, Mn: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: 375-030-34 PROCUREMENT 02/16 5. If Reporting Entity in No. 4 is a SubawardeeEnter , Name and Address of Prime: Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, if known: b. Individuals Performing Services (including address if diffeI ent from No. 10a) (last name, first name, Mn: Signature: Print Name: Adam Ahmad Title: Owner Telephone No.: 239.2�3.s89a Date (mm/dd/yyyy): 1oi2oi2o19 Standard for Local Reprodu RPS 19-7599, Page 50 of 96 CAQ 375-030.34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF=LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, c, the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks It It then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. RPS 19-7599, Page 51 of 96 f�.�ef.,� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTERESUCONFIDENTIALITY CERTIFICATION 375-030-50 PROCUREMENT OGC-03/17 Information entered on this page will carry over to subsequent pages. When completed: Print this document to PDF by choosing File, Save as, and selection PDF as the file type (excluding page 1 from printing) or Print only the pages from the sections you need for signature' using the printer icon buttons. Advertisement No./ Description Solicitation No Financial Project Numbers) VERSIONS TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS ! SELECTION COMMITTEE PUBLIC OFFICERS I EMPLOYEES TECHNICAL REVIEW I AWARDS COMMITTEE FOR LOW BID PROJECTS CONSULTANT /CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER �� CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS RPS 19-7599, Page 52 of 96 t-An STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC - 03/17 TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334,193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838,22, Florida Statutes, and could result in disciplinary action by the Department. Advertisement No./ Description Financial Project Number(s) Solicitation No Printed Names Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Technical Review Committee Members: Signatures Date RPS 19-7599, Page 53 of 96 3 � w: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 PROCUREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OGC-03/17 TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS Additional Page Advertisement No-/ Description Financial Project Number(s) Solicitation No Technical Review Committee Members: (Continued) Printed Names Signatures Date DOT Technical Advisors: Printed Names Signatures Date RPS 19-7599, Page 54 of 96 CAO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-3/17 SELECTION COMMITTEE I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112,313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of )usiness, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334,193, and Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.. Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Date: Printed Names Signatures RPS 19-7599, Page 55 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT 3/17 SELECTION COMMITTEE Additional Page Advertisement Nod Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Printed Names Signatures RPS 19-7599, Page 56 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-03/17 PUBLIC OFFICERS/EMPLOYEES I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112,313 and 334,193, Florida Statutes, public officers or employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/ComidenUality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838.221 Florida Statutes, and could result in disciplinary action. Advertisement No./ Description Financial Project Number(s) Solicitation No Printed Names Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. (continued on next page) Signatures Date RPS 19-7599, Page 57 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-SO CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT 06C - 03/17 PUBLIC OFFICERS/EMPLOYEES Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification Printed Names Signatures Date RPS 19-7599, Page 58 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMOGC-03/17 TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112,313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838.22, Florida Statutes, and could result in disciplinary action by the Department. Letting Date: Contract Number(s): Printed Names Technical Review/Awards Committee Members: Each undersigned individual agrees to the terms of this Conflict of InteresUConfidentiality Certification. Signatures RPS 19-7599, Page 59 of 96 Contract Number(s): Printed Names STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37S-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOCCREOM/N7 TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS Additional Page Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification Signatures RPS 19-7599, Page 60 of 96 Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37S-030-SO CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC - 03/17 FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes. Advertisement No./ Description Solicitation No Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification, Printed Names Signatures Date CA(� RPS 19-7599, Page 61 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-03/17 FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Printed Names Signatures Date CAO RPS 19-7599, Page 62 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 ME CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROGCRE3/N7 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I" will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department) related to the procurement of the above -referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.. Advertisement No./ Solicitation No 19-7599 Printed Names Description Financial Project Number(s) Engineering and Design Services for LAP Funded Projects RPS NO.: 19-7599 • 443375-1 & 443375-2 Lake Trafford Sidewalk and Bike Lanes • 441480-1 Eden Park Elementary Sidewalk Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Signatures Date Adam Ahmad, PE, AICP, GC 10/20/2019 RPS 19-7599, Page 63 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37S-030-SO CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGCREOM/N7 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date LP.C7 RPS 19-7599, Page 64 of 96