Agenda 09/28/2021 Item #16A12 (RPS #21-7877 w/Kisinger Campo & Associates)09/28/2021
EXECUTIVE SUMMARY
Recommendation to approve the selection committee’s ranking for Request for Professional
Services (“RPS”) # 21-7877, “Construction Engineering and Inspection (CEI) Services for TIGER
Grant,” and authorize staff to begin contract negotiations with the top ranked firm, Kisinger
Campo & Associates Corp., so that staff can bring a proposed agreement back for the Board’s
consideration at a subsequent meeting.
OBJECTIVE: To approve the selection committee’s ranking of RPS No. 21-7877 and to negotiate an
agreement to engage professional Construction Engineering and Inspection (“CEI”) services for the
Immokalee Transportation Investment Generating Economic Recovery (TIGER) Grant Project.
CONSIDERATIONS: In May 2018, the County was informed that it was awarded the TIGER 2017
discretionary grant for the Immokalee Complete Streets - Growing Connections to Create Mobility
Opportunities Project, which is designed to grow the existing pedestrian network by providing new
facilities to accommodate bicyclists and pedestrians where none currently exist. By expanding the small
network of pedestrian and bicycle routes the TIGER Project will more than double the number of current
facilities in the area and provide enhanced options for transportation to education, jobs, and other
essential services for residents of Immokalee.
On May 19, 2021, the Procurement Services Division released notices of RPS #21-7877 CEI Services for
TIGER Grant. The County received ten (10) proposals by the June 23, 2021 submission deadline. All ten
firms were found to be responsive and responsible.
Per Section 287.055 of the Florida Statutes, the Consultants’ Competitive Negotiation Act, the evaluation
criteria included, ability of professional personnel; past performance/references; project approach,
willingness to meet time and budget requirements; and recent, current, and projected workloads of the
firm. A minimum of three references were requested from clients for projects with a similar size for
which the firm provided services similar in scope and complexity within the past five years.
The selection committee convened on July 27, 2021 and reconvened on August 10, 2021 for Step 2
presentations. The committee scored and ranked in the following order:
Firm Names Final Ranking
Kisinger Campo & Associates Corp. 1
Atkins North America Inc. 2
A&P Consulting Transportation Engineers Corp. 3
Rummel, Klepper & Kahl LLP d/b/a RK&K 4
Staff is recommending negotiations with the top ranked firm, Kisinger Campo & Associates Corp. The
firm has multi-disciplined design experience locally and is reputable with a good work history.
Subject to the Board’s approval of staff’s recommendation, staff will begin contract negotiations in
accordance with the Consultants’ Competitive Negotiation Act, Florida Statutes § 287.055, with Kisinger
Campo & Associates Corp., so that a proposed negotiated agreement can be brought back for the Board’s
consideration at a future meeting. If staff is unable to reach an agreement with the number one ranked
firm, staff will continue negotiating with the remaining firms in ranked order.
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09/28/2021
FISCAL IMPACT: There is no direct fiscal impact associated with this executive summary. Funding
for the subsequent contract is available in Growth Management Grant Match Fund (712) and
Transportation Capital Fund (310), project # 33563. Source of funding is transfers from the General Fund
and Unincorporated General Fund.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for Board approval. -SAA
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To approve the selection committee’s ranking for RPS #21-7877, “CEI
Services for TIGER Grant,” and authorize staff to begin contract negotiations with the top-ranked firm,
Kisinger Campo & Associates Corp., and in the event that an agreement cannot be reached with that firm,
to continue negotiating with the remaining firms in ranked order, so that a proposed agreement can be
brought back for the Board’s consideration at a subsequent meeting.
Prepared by: Michael Tisch, Project Manager, Transportation Engineering
ATTACHMENT(S)
1. 21-7877 Final Ranking (PDF)
2. 21-7877 Notice of Recommended Award.docx (PDF)
3. 21-7877 Solicitation (PDF)
4. EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (PDF)
5. 21-7877 Kisinger Campo Associates Proposal (PDF)
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09/28/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 20135
Item Summary: Recommendation to approve the selection committee’s ranking for Request for
Professional Services (“RPS”) # 21-7877, “Construction Engineering and Inspection (CEI) Services for
TIGER Grant,” and authorize staff to begin contract negotiations with the top ranked firm, Kisinger
Campo & Associates Corp., so that staff can bring a proposed agreement back for the Board’s
consideration at a subsequent meeting.
Meeting Date: 09/28/2021
Prepared by:
Title: – Transportation Engineering
Name: Michael Tisch
09/20/2021 2:21 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
09/20/2021 2:21 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/20/2021 2:41 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/20/2021 2:51 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 09/20/2021 2:54 PM
Procurement Services Ana Reynoso Additional Reviewer Completed 09/20/2021 3:17 PM
Transportation Engineering Mark McCleary Additional Reviewer Completed 09/20/2021 3:22 PM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 09/20/2021 3:33 PM
Growth Management Department Gene Shue Additional Reviewer Completed 09/20/2021 3:40 PM
Growth Management Department Lisa Abatemarco Additional Reviewer Completed 09/20/2021 4:10 PM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 09/20/2021 6:00 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 09/20/2021 6:08 PM
Growth Management Department Michael Tisch Growth Management Skipped 09/20/2021 1:50 PM
Growth Management Department Trinity Scott Transportation Completed 09/21/2021 8:52 AM
Grants Valerie Fleming Level 2 Grants Review Completed 09/21/2021 9:10 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/21/2021 2:28 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2021 2:33 PM
16.A.12
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09/28/2021
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/21/2021 3:18 PM
Grants Therese Stanley Additional Reviewer Completed 09/21/2021 3:22 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/22/2021 11:32 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/22/2021 12:30 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM
16.A.12
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Name of Firm Shannon
Bassett Michael Tisch Bee Thao Liz Soriano John Conti Total
Selection
Committee
Final Rank
Kisinger Campo & Associates Corp.1 2 2 2 1 8 1.0000
Atkins North America Inc.4 1 1 3 2 11 2.0000
A&P Consulting Transportation Engineers Corp.3 3 3 1 3 13 3.0000
Rummel, Klepper & Kahl LLP t/a RK & K 2 4 4 4 4 18 4.0000
Procurement Professional
RPS #: 21-7877
Title: CEI Services for Tiger Grant
FINAL RANKING
Patrick Boyle 8/10/21
Page 1 of 1
16.A.12.a
Packet Pg. 627 Attachment: 21-7877 Final Ranking (20135 : TIGER Grant CEI)
Notice of Recommended Award
Solicitation: 21-7877 Title: Construction Engineering and Inspection (CEI) Services for Tiger Grant
Due Date and Time: 6/23/2021 10:00 AM EST
Respondents:
Company Name City County State Final Ranking Responsive/Responsible
Kisinger Campo & Associates
Corp.
Tampa Hillsborough FL 1 YES/YES
Atkins North America Inc. Tampa Hillsborough FL 2 YES/YES
A&P Consulting
Transportation Engineers
Corp.
Doral Dade FL 3 YES/YES
Rummel, Klepper & Kahl LLP
a/k/a RK & K
Baltimore Baltimore MD 4 YES/YES
American Engineering Group
Inc.
Doral Dade FL Not Ranked YES/YES
Calvin, Giordano & Associates
Inc.
Fort
Lauderdale
Broward FL Not Ranked YES/YES
AE Engineering Inc. Riviera
Beach
Palm Beach FL Not Ranked YES/YES
EXP U.S. Services Inc. Chicago Cook IL Not Ranked YES/YES
KCI Technologies Inc. Sparks Baltimore MD Not Ranked YES/YES
CMTS LLC. Fort
Lauderdale
Broward FL Not Ranked YES/YES
Utilized Local Vendor Preference: Yes No
Recommended Vendor(s) For Award:
On May 19, 2021, the Procurement Services Division released notices of Request for Professional Services 21-
7877 Construction Engineering and Inspection (CEI) Services for Tiger IX Grant. 11,488 firms were notified, 95
firms viewed the information, and ten (10) responsive and responsible proposals were received on June 23,
2021. A minimum of three references were requested from clients of projects with similar size for which the
firm provided services similar in scope and complexity. The selection committee convened on July 27, 2021.
The committee scored each of the proposals and shortlisted the following firms:
Kisinger Campo & Associates Corp.
A&P Consulting Transportation Engineers Corp.
Rummel, Klepper & Kahl LLP t/a RK & K
Atkins North America Inc.
On August 10, 2021, the selection committee convened for presentations and the committee ranked the firms
as shown above.
Staff is recommending negotiations with the top ranked firm, Kisinger Campo & Associates.
Contract Driven Purchase Order Driven
DocuSign Envelope ID: 33363FB5-7F76-46AD-9E1C-68E14FB1A4AA
16.A.12.b
Packet Pg. 628 Attachment: 21-7877 Notice of Recommended Award.docx (20135 : TIGER Grant CEI)
Required Signatures
Project Manager:
Michael Tisch
Procurement Strategist:
Viviana Giarimoustas
Procurement Services Director:
__________________________________ _________________
Sandra Herrera Date
DocuSign Envelope ID: 33363FB5-7F76-46AD-9E1C-68E14FB1A4AA
8/13/2021
8/13/2021
8/13/2021
16.A.12.b
Packet Pg. 629 Attachment: 21-7877 Notice of Recommended Award.docx (20135 : TIGER Grant CEI)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROFESSIONAL SERVICES (RPS)
In accordance with Florida Statute 287.055
Consultants’ Competitive Negotiation Act
FOR
CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES FOR TIGER GRANT
RPS NO.: 21-7877
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
Viviana.Giarimoustas@colliercountyfl.gov (Email)
This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any
alterations to this document made by the Consultant may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier County
Government.
16.A.12.c
Packet Pg. 630 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
SOLICITATION PUBLIC NOTICE
Estimated procurement schedule pursuant to 23 CFR 172.7 requires the following:
REQUEST FOR PROFESSINAL
SERVICES (RPS) NUMBER:
21-7877
PROJECT TITLE: Construction Engineering and Inspection Services for Tiger IX Grant
ADVERTISEMENT: May 19, 2021
PRE-PROPOSAL CONFERENCE: June 7, 2021 10:00 AM EST
LOCATION: Procurement Services Division, Conference Room A, 3295 Tamiami Trail East,
Bldg. C-2, Naples, FL 34112
SUBMITTAL DEADLINE/RPS
OPENING DAY/DATE/TIME:
June 23, 2021 10:00 AM EST
PLACE OF RPS OPENING: Procurement Services Division
3295 Tamiami Trail East, Bldg. C-2
Naples, FL 34112
SELECTION COMMITTEE REVIEW,
SCORE, AND SHORTLIST:
July 30, 2021
SELECTION COMMITTEE TO RANK
TOP FIRM:
August 16, 2021
NOTICE OF RECOMMENDED AWARD
ANNOUNCED:
August 23, 2021
NEGOTIATIONS: September 8, 2021
NOTICE TO PROCEED: December 14, 2021
START DATE OF CONSTRUCTION
INFRASTRUCTURE
IMPROVEMENTS:
January 4, 2022
PLANNED COMPLETION OF
CLOSEOUT DOCUMENTATION FOR
CONSTRUCTION IMPROVEMENTS:
July 31, 2024
NOTE: SCHEDULE IS SUBJECT TO CHANGE.
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
https://www.bidsync.com/bidsync-cas/
INTRODUCTION
As requested by the Capital Project Planning, Impact Fees, and Program Management Division (hereinafter, the “Division”), the
Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for
Professional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in
accordance with the terms, conditions and specifications stated or attached.
Construction Engineering and Inspection (hereinafter, “CEI”) services have historically been added to the construction phase of
transportation projects. The Division typically performs CEI services with either in-house forces or by outsourcing. CEI work
involves providing oversight for the Division, ensuring that the Contractor builds the Project in reasonable conformity with the
plans, specifications, and special provisions for the Construction Contract. The CEI firm is the liaison between the Division and the
Contractor to observe the Contractor’s work to determine the progress and quality of the work. The CEI firms have often
performed constructability and/or biddability reviews between the 60% and 90% phase of the design. They identify discrepancies
and report significant variances to the Division and direct the Engineer/Contractor to correct such observed differences.
BACKGROUND
The Immokalee community is an unincorporated area surrounded by agricultural lands in rural Collier County, Florida. The town’s small
size and tightknit streets make it conducive to getting around by walking, transit, or cycling.
Many neighborhoods and major corridors were built before codes required pedestrian, bicycle, and transit infrastructure. While efforts
have been undertaken to add multi-modal options to major thoroughfares, most local streets still lack basic pedestrian infrastructure while
bicycle infrastructure is non-existent. Many of the local streets also lack street lighting and experience frequent flooding due to inadequate
stormwater infrastructure.
The Design-Build TIGER IX Grant: Immokalee Complete Streets – Growing Connections to Create Mobility Opportunities (hereinafter,
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Packet Pg. 631 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
“TIGER”) Project is located in the SR 29 triangle area (Main St., N. 15th St., and New Market Rd.) in Immokalee and on Stockade Rd. at
the Seminole Tribe of Florida’s Tribal Land.
The purpose of the TIGER Project is to retrofit, within the existing rights-of-way, with improve access to reliable, safe, and affordable
transportation for this rural community, improve infrastructure conditions, address public health and safety, promote regional connectivity,
and facilitate economic growth and competitiveness.
The Consultant shall provide CEI services for this Federally funded TIGER Project. Services include, but are not limited to, administering
the construction contract, providing inspections, monitoring, and material sampling and testing. In addition, the services shall include
monitoring off-site activities and fabrication of structural elements; monitoring and inspecting the Contractor’s Work Zone Traffic Plan
and reviewing modifications to the Work Zone Traffic Control Plan, in accordance with the Florida Department of Transportation (FDOT)
procedures. Determining acceptability of all material and completed work items based on either test results or by verification of
certification.
Exhibits pertaining to this project can be found on the link below:
https://colliergov.box.com/s/qrbgqum11bmypmsbvfezyap1ytjnsb7o
TERM OF CONTRACT
County reserves the right to modify this scope during negotiations for budgetary reasons.
The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approval
of the final payment.
Prices shall remain firm for the term of the awarded contract.
Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure.
DETAILED SCOPE OF WORK
1.0 PURPOSE:
This scope of services describes and defines the services which are required for construction contract administration,
inspection, and materials sampling and testing for the TIGER Project. These services do not include grant administration
(provided by others).
2.0 SCOPE:
Provide services as defined in this Scope of Services, and the referenced Florida Department of Transportation (FDOT)
manuals, and procedures.
The Project for which the services are required is:
County Project ID: 33524
Project Name: TIGER IX Grant Project (Immokalee Complete Streets)
Description: Immokalee Complete Streets – Growing Connections to Create Mobility Opportunities
County: Collier
Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant
to FDOT Construction Project Administration Manual (CPAM), Section 4.1.5 , the authority of the Consultant’s lead person,
such as the Senior Project Engineer, and the Consultant’s Project Administrator shall be identical to the Division’s Project
Manager and Construction Manager respectively and shall be interpreted as such.
Services provided by the Consultant shall comply with FDOT’s manuals, procedures, and memorandums. FDOT manuals,
procedures, and memorandums can be found at the State Construction Office’s website: https://www.fdot.gov/construction/
On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the
County and the Contractor either directly or indirectly.
3.0 SCHEDULE FOR SERVICES
The services for the Construction Contract shall begin upon written notification to proceed by the Division.
While no personnel shall be assigned until written notification by the Division has been issued, the Consultant shall be ready
to assign personnel within two weeks of notification. For the duration of the Project, coordinate closely with the Division
and Contractor to minimize the rescheduling of Consultant activities due to construction delays or changes in the scheduling
of Contractor activities.
For estimating purposes, the Consultant is allowed an accumulation of thirty (30) calendar days to perform preliminary
administrative services prior to the issuance of the Contractor's notice to proceed and thirty (30) calendar days to demobilize
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Packet Pg. 632 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
after final acceptance of the Construction Contract.
The anticipated letting schedule and construction times for the Project are tabulated below:
Construction Contract Estimate
Financial
Project ID
Letting
Date
(Mo/D
ay/Yr)
Start
Date
(Mo/D
ay/Yr)
Duration
(Days)
33563
TBD
12/14/21
923
4.0 DEFINITIONS:
A. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the
obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services,
and the basis of payment.
B. Calendar Day: Every day that is shown on the calendar, ending and beginning at midnight.
C. County: Collier County, Collier County Board of County Commissioners.
D. Consultant: The Consulting firm under Contract to the COUNTY for the administration of Construction
Engineering and Inspection services.
E. Construction Contract: The written Agreement between the COUNTY and the Contractor setting forth the
obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and
materials, and the basis of payment.
F. Construction Project Manager: The Division employee assigned to manage the Construction Engineering and
Inspection Contract and represent the Division during the performance of the services covered under this
Agreement.
G. Contractor: The individual, firm, or company contracting with the COUNTY for the performance of work or
furnishing of materials.
H. County’s Director of Transportation Engineering: The Director of Construction, Engineering, and Traffic
Operations.
I. County’s Procurement Director: The Director of the Procurement Services Division.
J. County Manager: The Chief Executive Officer appointed by the Board of County Commissioners.
K. County Project Manager: The Division employee assigned to manage the Consultant’s Contractor assigned to
manage the Construction Engineering and Inspection portion of the Contract and represent the Division during the
performance of the services covered under this Agreement.
L. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians
in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is
available at CTQP website.
M. CEI Project Administrator/Project Engineer: The employee assigned by the Consultant to be in charge of providing
Construction Contract administration services for the TIGER Projects.
N. CEI Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction
Contract administration for the TIGER Projects. This person may supervise other Consultant employees and act as
the lead Engineer for the Consultant.
O. Community Liaison Officer: The Growth Management Department’s employee assigned to manage Public
Information Issues.
P. Division: Collier County Transportation Engineering Division
Q. Division’s Construction Manager: The Division employee assigned to administer the Construction, and the
Consultant Construction Engineering and Inspection (CCEI) Contracts in the Transportation Engineering Division.
R. Engineer of Record (EOR): The Engineer noted on the Construction plans as the responsible person for the design
and preparation of the plans.
S. Holidays: Days designated by the County as holidays, which include, but are not limited to New Year’s Day, Martin
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Packet Pg. 633 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day,
Thanksgiving Day and the following Friday, Christmas Eve and Christmas Day.
T. Inspector: An authorized representative of the Consultant, assigned to make official inspections of the materials
furnished and of the work performed by the DBF.
U. Materials: Any substances to be incorporated in the work under the Contract.
V. Procurement Contract Manager: The administrative Contract manager at the County’s Procurement Office.
5.0 PROJECT DESCRIPTION:
The TIGER Project provides surface transportation improvements to the Immokalee community. This involves improving
pedestrian infrastructure on the local streets and at intersections. The Project constructs a new Bus Transferring Facility.
These infrastructures include but not limited to the followings:
- Sidewalks
- Bike Boulevard Network
- Shared-Use Path
- Street Lighting (Including Intersections)
- Bus Shelters
- Bus Transit Center
- Benches
- Bike Racks
- Drainage Improvements
- Landscaping
- Intersection Enhancing Treatments
Available documents:
- TIGER IX Grant Application
- TIGER IX Agreement
- Conditional Use Hearing Examiner Decision (HEX No. 2019-41)
- National Environmental Policy Act
- Type 1 Categorical Exclusion Notification
- Federal Transportation Administration National Environment Policy Act Categorical Exclusion
6.0 PROJECT SCHEDULE:
Anticipated Notice to Proceed “NTP” December 2021.
7.0 CONSTRUCTION ENGINEERING AND INSPECTION (CEI):
Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Under
Section 4.1.5 of the Construction Project Administration Manual (CPAM), see link below:
https://www.fdot.gov/construction/manuals/cpam/cpammanual.shtm
The authority of the Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s Project
Administrator shall be identical to the Division’s Project Manager and Construction Manager respectively and shall be
interpreted as such.
Services provided by the Consultant shall comply with FDOT’s manuals, procedures, and memorandums. Such FDOT
manuals, procedures, and memorandums are found at the State Construction Office’s website.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the
County and the Contractor either directly or indirectly.
Other projects developing within the geographical area of Collier County may be added at the Division’s discretion. The
Consultant must perform to the satisfaction of the Division’s representatives for consideration of additional CEI services.
7.1 ITEMS TO BE FURNISHED BY THE DIVISION TO THE CONSULTANT:
The Division, on an as-needed basis will furnish documents for the Project if available. These documents may be provided
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Packet Pg. 634 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
in electronic format only.
7.2 ITEMS FURNISHED BY THE CONSULTANT:
7.2.1 FDOT Documents:
All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents,
directives, procedures, and standard forms are available through the FDOT’s Internet website. Most items can be
purchased through the following address. All others can be acquired through the District Office or on-line at the FDOT’s
website.
Florida Division of Transportation
Maps and Publication Sales
605 Suwannee Street, MS 12
Tallahassee, Florida 32399-0450
Telephone No. (850) 414-4050
http://www.fdot.gov/construction/
Office Automation:
Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this
Agreement.
Provide each inspection staff with necessary tools and equipment to carry out the scope of the Contract (examples are: laptop
computer (or tablet) running software needed for project scheduling, documentation, and control (such as SiteManager
application through Citrix, Primavera/Sidetrack, Claim Digger, etc.) connection using a mobile broadband connection at the
job site).
All computer coding shall be input by Consultant personnel using equipment furnished by them.
i) Communication Technology:
All informational, contractual, and other business required for this Project will be tailored to the needs of the Project and to
facilitate communication. At times a paperless electronic system may be necessary such as emails, portals, or web site, and
at other times hard copies will be expected and accepted.
Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall always
remain with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during
the performance of this Agreement. Field office equipment should always be maintained and operational.
Current technical specifications for office automation can be viewed at:
http://www.fdot.gov/Construction/DesignBuild/ConsultantCEI/OfficeAutomation.shtm
7.2.2 Field Office:
The Division may require a satellite office for this Project if the Consultant office is located more than five (5) miles from
the project site. The Consultant shall be reimbursed for allowed expenses associated with this satellite office. The office
must have at a minimum the following items to support the Project:
• Office space within a desired radius to the Project for the duration of the Project.
• Office telephone
• Copier rental/lease
• Broadband internet access
Consultant shall list this fixed monthly cost as a line item of the cost proposal titled “Field Office expenses” and shall list
such on invoices submitted to the Division for payment.
7.2.3 Vehicles:
Vehicles require appropriate safety equipment and must be able to effectively carry out requirements of this Agreement.
Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle.
7.2.4 Field Equipment:
Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment
includes non-consumable and non-expendable items.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement remains the property of the Consultant and
shall be removed at the completion of the work.
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Packet Pg. 635 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
The handling of nuclear density gauges shall comply with their license.
Retain responsibility for risk of loss or damage to said equipment during the performance of this Agreement. Field office
equipment shall always be maintained and in operational condition.
7.2.5 Licensing for Equipment Operations:
Obtain the proper licenses for equipment and personnel operating equipment when licenses are required. The licenses and
supporting documents shall be available for verification by the Division upon request.
Radioactive Materials License for the use of Surface Moisture Density Gauges shall be obtained through the State of Florida
Department of Health.
7.3 LIAISON RESPONSIBILITY OF THE CONSULTANT:
During the CEI phase of the Agreement, keep the Division’s Construction Project Manager in Responsible Charge and the
Consultant Grant Administrator informed of all significant activities, decisions, correspondence, reports, and other
communications related to its responsibilities under this Agreement.
Facilitate communications between all parties (i.e., architectural, mechanical, materials, landscaping, local agencies, etc.),
ensuring responses and resolutions are provided on time. Maintain accurate records to document the communication
process.
Inform the designated Division project personnel of any design defects, reported by the Contractor or observed by the
Consultant.
Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and
Supplemental Amendments to the Division’s Construction Project Manager or representative for review and approval.
7.4 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all Supplemental Amendments thereof, the Division or it’s representative will review
various phases of Consultant operations, such as construction inspection, materials sampling, and testing, and administrative
activities, to determine compliance with this Agreement. Cooperate and assist Division representatives in conducting the
reviews. If deficiencies are indicated, remedial action shall be implemented immediately. Division recommendations and
Consultant responses/actions are to be appropriately documented by the Consultant. No additional compensation shall be
allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times
may include but are not necessarily limited to the following:
A. Further, subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional
inspection personnel, within one week of notification.
B. Immediately replace personnel whose performance has been determined by the Consultant and/or the Division to
be inadequate.
C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the
Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
8.0 REQUIREMENTS OF THE CONSULTANT:
8.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the
Project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction
Contract. The CEI must meet the State and Federal requirements in this solicitation.
Observe the Contractor’s work to determine the progress and quality of work. Identify discrepancies, report significant
discrepancies to the Division, and direct the Contractor to correct such observed discrepancies.
Consult with the Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the
Construction Project Manager for Division action or direction.
Inform the designated Division project personnel of any significant omissions, substitutions, defects, and
deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the
Contractor.
8.2 Survey Control:
Check or establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate
intervals along the Project in order to: (1) make and record measurements necessary to calculate and document quantities
for pay items, (2) make and record pre-construction and final cross-section surveys of the project site in those areas where
earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform
incidental engineering surveys.
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Inspectors are to be equipped with tools such as (laser level, tape measure, slope level, and any other tools) necessary for
performing incidental engineering surveys on the Project.
Provide survey data in the L and XML format.
8.3 On-site Inspection:
Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the
plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in
reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of
significant events that affect the work. The Consultant shall have personnel qualified by the FDOT who can monitor off-site
activities and fabrication unless otherwise stipulated by this Agreement.
Monitor and inspect Contractor’s Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic
Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the FDOT’s procedures. Consultant
employees performing such services shall be qualified in accordance with the FDOT’s procedures.
8.4 Sampling and Testing:
Perform sampling and testing of component materials and completed work in accordance with the Construction Contract
documents. The minimum sampling frequencies set out in the FDOT's Materials Sampling, Testing, and Reporting Guide
shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Control
activities and perform the sampling and testing of materials and completed work items for verification and acceptance.
The Consultant shall also perform inspection and sampling of materials and components at locations remote from the project
site and testing of materials normally done in a laboratory remote from the project site.
Determine the acceptability of all materials and completed work items based on either test results or verification of
certification, certified mill analysis, DOT label, DOT stamp, etc.
The Division monitors the effectiveness of the Consultant's testing procedures through observation and independent
assurance testing.
Sampling, testing, and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental
Specifications or as modified by the Supplemental Terms and Conditions (Exhibit I) of the Construction Contract.
Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that
the construction work is done.
Transport samples to be tested to the appropriate laboratory that meets the FDOT standards.
Input verification testing information and data into the Division’s database using written instructions provided by the
Division.
8.5 Engineering Services:
Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing
the construction project. Notwithstanding the above, the Consultant is not liable to the Division for failure of such parties to
follow written direction issued by the Consultant.
Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans,
specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities
and events relating to the Project and properly document all project changes. The following services shall be performed:
(1) Attend a pre-service meeting for the Agreement within ten (10) business days after the notice-to-proceed. Provide
appropriate staff to attend and participate in the pre-service meeting. At the time of this meeting, the Consultant shall submit
“Action Request” packages for Personnel Approval for immediate staff needs and a copy/computer file of the final
negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and
distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date.
(2) Prepare and submit to the Construction Project Manager for approval, within thirty (30) days after the pre-construction
meeting, a copy of the project-specific Consultant Contract administration documents listed below (Adobe PDF file format
is acceptable). In addition, the Consultant Contract administration documents, which shall be routinely used by the
Consultant throughout the Project, shall be in the format and content approved by the Construction Management Office.
a) Action Request Form
b) Contract Status Report, or other approved fund tracking report
c) CEI Consultant Firm estimated staffing (completed in accordance with the original Consultant Contract
Agreement)
d) CEI Consultant Fee Proposal
e) CEI Consultant Data
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(3) Schedule, attend, and conduct a Pre-construction Conference in accordance with Article 8-3.5 of the FDOT Standard
Specification for Road and Bridge Construction. The purpose of this meeting is to discuss the required documentation,
including as-builts, necessary for permit(s) compliance. Record significant information revealed, and decisions made at this
conference and distribute copies of the minutes to the appropriate parties. The meeting shall also be electronically recorded,
and the Consultant shall maintain all tapes of the meeting for the duration of the Contract.
(4) Verify that the Contractor is conducting inspections, preparing reports, and monitoring all stormwater pollution prevention
measures associated with the Project. For each Project that requires the use of the NPDES General Permit, provide at least
one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and
Certification Program for Inspectors and Contractors”. The Consultant’s inspector will be familiar with the requirements set
forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES
General Permits for Storm Water Discharges from Construction Sites" and the Division’s guidelines.
(5) Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the
contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates,
concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing
and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant
omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM.
(6) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues and process
the necessary paperwork.
(7) Monitor inspect and document utility relocation self-performed by the Contractor for conformance with Utility Agency’s
Standards and the Utility Agency’s Approved Materials List. Document utility construction progress to be performed by
Utility Agencies. Facilitate coordination and communication between Utility Agency’s representatives, Division’s staff, and
Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including
County and Privately-owned facilities.
a. Identify, review, and track the progress of Interlocal Agreements, and/or other Division and utility agreements.
Address work progress, track reimbursement activities and address betterment and salvage determination. Prepare
all necessary documentation to support reimbursement activities and betterment and salvage determination.
(8) Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in
Contractor operations and to facilitate prompt processing of such information for the Division to make timely payment to
the Contractor.
(9) Prepare and make presentations for meetings and hearings before the Board of County Commissioners, Dispute Review
Boards, or any other necessary Stakeholder meetings in connection with the Project covered by this Agreement.
(10) Provide Community Outreach Services and be proactive in keeping the community aware of the status and traffic impacts
of the referenced Project. With approval from the Division’s designee, prepare and disseminate information to the public,
elected officials, and the media of any upcoming events, which affects traffic flow. Produce and distribute all publications
(letters, flyers, brochures, and news releases) necessary for this Contract. Prior to release, the Division’s designee approves
all responses, letters, news releases, and the like. Provide timely, professional responses to project inquiries, including
emails, telephone calls, etc. Coordinate general public information meetings, open houses, community meetings as directed
by the Division’s representatives.
(11) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report, in a format to be approved
by the Division.
(12) Videotape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project
activities, with a heavy emphasis on potential claim items/issues and on areas of real/potential public controversy.
(13) Provide a digital camera for photographic documentation of pre-construction state and noteworthy incidents or events during
construction.
These photographs will be filed and maintained on the Consultant’s computer using a digital photo management system.
Photographs shall be taken the day prior to the start of construction and continue as needed throughout the Project.
Photographs shall be taken the days of Substantial, Partial, and Final Acceptance.
Provide visual documentation of the Project through the periodic collection of a set of panoramic digital photographs at
predetermined stations throughout the Project. Photographic locations should be located at intervals such that the digital
photographs collectively portray most of the visible surfaces on the Project. The digital photographs should be taken with
a frequency designed to reveal changes in the progress of the Project, which can be compared to other project data including
daily reports of construction and scheduling updates. Photographic data files comprising each digital photograph are to be
supplied together with an HTML (web page) based access and display system for viewing the photographs. Original
photographic data files are to be supplied for archival purposes and comprise photographic data identical in form and content
to that produced by the digital camera used to capture the image. Working photographic data files are to be supplied for
everyday reference purposes and comprise copies of each original photographic data file, which have been processed to a
reduced pixel and color resolution (size and clarity) for distribution via CD ROM and the Internet. The access and display
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system should be comprised of a series of HTML files (web pages) which allow a user to view each photographic data file
at random, and in a sequence which simulates the visual experience of a viewer moving through the actual Project from one
photographic station to the next. The original photographic data files, working photographic data files, and access and
display systems are to be distributed on CD ROM and portable hard disk media. The working photographic data files and
the access and display system should also be maintained on a server accessible via the Internet.
9.0 PERSONNEL:
9.1 General Requirements:
Provide prequalified/competent personnel necessary to efficiently and effectively carry out its responsibilities under this
Agreement. The County’s Project Administrator/Manager shall be responsible for verifying and maintaining copies of all
required licenses, certifications, and qualifications requested from the Consultant throughout the term of the contract.
Unless otherwise agreed to by the Division, the Division will not compensate straight overtime or premium overtime
for the positions of Senior Project Engineer, Project Administrator/Project Engineer, Contract Support Specialist
and Assistant or Associate to any of these positions.
9.2 Personnel Qualifications:
Provide competent personnel qualified by experience and education. Submit to the Construction Project Manager the names
of personnel proposed for assignment to the Project, including a detailed resume for each containing at a minimum: salary,
education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the
Construction Project Manager at least two weeks prior to the date an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing
services under this Agreement. Personnel changes require written approval from the Division. A staff that has been removed
shall be replaced by the Consultant within one week of Division notification.
Before the Project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the
necessary qualifications/certifications for fulfilling the duties of the position they hold. Cross-training of the Consultant’s
project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any
additional cost to the Division and should occur as workload permits. Visit the training page on the FDOT Construction
Office website for training dates.
The minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum
qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision
and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector
shall have six months from the date of hire to obtain the necessary qualifications/certifications provided all other
requirements for such positions are met and the Consultant submits a training plan detailing when such
qualifications/certifications and other training relative to the Division’s procedures, Specifications and Standard Plans will
be obtained. The Division Construction Engineer or designee will have the final approval authority on such exceptions.
CEI SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional
Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six
(6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which
are in major bridge construction) - for Complex Bridge Projects with the exception of PTS projects which require two (2)
years of major bridge construction], or for non-degreed personnel the aforementioned registration and ten (10) years of
engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability
to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction
engineering administration and inspection program; plans and organizes the work of subordinate and staff members;
develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with FDOT
standards. Also, must have the following:
QUALIFICATIONS:
Attend the CTQP Quality Control Manager course and pass the examination.
CERTIFICATIONS:
FDOT Advanced MOT
OTHER:
Complete the Critical Structures Construction Issues, Self-Study Course, and submit the mandatory Certification of Course
Completion form (for structures projects)
A Master's Degree in Engineering may be substituted for one (1) year engineering experience.
CEI PROJECT ADMINISTRATOR/PROJECT ENGINEER - A Civil Engineering degree plus two (2) years of
engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of
responsible and related engineering experience, two (2) years of which involved construction of major road or bridge
structures with the exception of Complex Category 2 (CC2) bridge structures.
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As an exception, only one (1) year of PTS bridge experience will be required for registered project administrators and two
(2) years of PTS bridge experience for non-registered project administrators. Post-tensioning experience is not required for
precast prestressed concrete flat slab superstructures but successful completion of an FDOT accredited grouting and post-
tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors
as well as two or more support staff (Office Manager, Resident Compliance Specialist, and Secretary) and must have been
directly responsible for all CEI services assigned.
CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas:
(1) casting yard operations and related surveying; (2) segment erection and related surveying, post-tensioning (PT) of
tendons and grouting of prestressing steel.
CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes,
stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations.
PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post-
tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges.
MB years of experience must have been in MB mechanical and/or electrical construction.
Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the
solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction
project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the
following:
QUALIFICATIONS:
CTQP Final Estimates Level II
CERTIFICATIONS:
FDOT Advanced MOT
OTHER:
Attend CTQP Quality Control Manager Course and pass the examination.
Complete the Critical Structures Construction Issues, Self-Study Course, and submit the mandatory Certification of Course
Completion form (for structures projects)
A Master's Degree in Engineering may be substituted for one (1) year of engineering experience
CEI ASSISTANT PROJECT ADMINISTRATOR/PROJECT ENGINEER –
A Civil Engineering degree plus one (1) year of engineering experience in construction of major road or bridge structures,
or for non-degreed personnel six (6) years of responsible and related engineering experience, two (2) years of which involved
construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures.
QUALIFICATIONS:
CTQP Final Estimates Level II
CERTIFICATIONS:
FDOT Intermediate MOT
CEI CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge
construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., Materials
Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction
Contract changes, etc.) or a Civil Engineering Degree. Should exercise independent judgment in planning work details and
making technical decisions related to the office aspects of the Project. Should be familiar with the FDOT’s Procedures
covering the Project related duties as stated above and be proficient in the computer programs necessary to perform these
duties. Shall become proficient in Trimble Business Center - Heavy Construction Edition (HCE) or approved surface to
surface comparison software and Engineering Menu.
QUALIFICATIONS:
CTQP Final Estimates Level II
CEI ASSOCIATE CONTRACT SUPPORT SPECIALIST - High school graduate or equivalent plus three (3) years of
secretarial and/or clerical experience including two (2) years’ experience in construction office management having
performed Project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates,
EEO compliance, processing Construction Contract changes, etc.). Experienced in the use of standard word processing
software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project
Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction
Contract changes, etc.). Project specific work under the general supervision of the Senior Project Engineer and staff.
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QUALIFICATIONS:
CTQP Final Estimates Level I
CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN – High school graduate or equivalent plus four (4) years of
experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction
inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (1)
year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note:
Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.)
To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly
responsible for all inspection requirements related to the construction operations assigned.
CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of
the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection
inspection. In addition, two (2) years of geometry-control surveying experience is required for inspectors that perform or
monitor geometry control surveying in a casting yard.
CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder
erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations.
PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post-
tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges.
MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and
MB electrical components/systems for electrical inspectors.
Must have the following as required by the scope of work for the Project:
QUALIFICATIONS:
CTQP Concrete Field Technician Level I
CTQP Concrete Field Inspector Level II (Bridges)
CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level II
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection
CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign
structures, lighting structures, and traffic signal structures)
CTQP Grouting Technician Level I
CTQP Post-Tensioning Technician Level I
IMSA Traffic Signal Inspector Level I
CTQP Final Estimates Level I
CERTIFICATIONS:
FDOT Intermediate MOT
Nuclear Radiation Safety
IMSA Traffic Signal Inspector Level I
OTHER:
Complete the Critical Structures Construction Issues, Self-Study Course, and submit the mandatory Certification of Course
Completion form (for structures projects)
Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and
checking engineering computations, inspecting construction work, and conducting field tests and is responsible for
coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project
Administrator.
CEI INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus two (2) years’ experience in
construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, or an
Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualifications
and certifications within one year, plus demonstrated knowledge in the following:
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Packet Pg. 641 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Must have the following as required by the scope of work of the Project:
QUALIFICATIONS:
CTQP Concrete Field Inspector Level I
CTQP Asphalt Roadway Level I
CTQP Earthwork Construction Inspection Level I
CTQP Pile Driving Inspection
CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign
structures, lighting structures, and traffic signal structures)
IMSA Traffic Signal Inspector Level I
CTQP Final Estimates Level I
CERTIFICATIONS:
FDOT Intermediate MOT
Nuclear Radiation Safety
IMSA Traffic Signal Inspector Level I
Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors
OTHER:
Complete the Critical Structures Construction Issues, Self-Study Course, and submit the mandatory Certification of Course
Completion form (for structures projects)
Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general
supervision from the Senior Inspector who reviews work while in progress.
CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) years’ experience in the
surveillance and inspection of hot mix asphalt plant operations or 80 hours working under an approved and qualified asphalt
plant inspector at the asphalt plant and have the following:
QUALIFICATIONS:
CTQP Asphalt Plant Level I
CTQP Asphalt Plant Level II
CEI INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical calculation and
follow simple technical instructions. Duties are to assist higher-level inspectors. Must obtain FDOT Intermediate MOT
within the first six months of the assignment.
CEI SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including
two (2) years as Party Chief). Experienced in field engineering and construction layout, making and checking survey
computations and supervising a survey party. Work is performed under general supervision of Project Administrator.
CEI INSTRUMENT PERSON - High school graduate plus three (3) years of experience in construction surveying one (1)
year of which shall have been as instrument-man. Responsible for performing assignments in assisting Party Chief in the
performance of their duties. Receives general supervision from Party Chief who reviews work while in progress.
CEI ROD-PERSON/CHAIN PERSON - High school graduate with some survey experience or training preferred.
Receives supervision from and assists Party Chief who reviews work while in progress.
CEI SECRETARY/CLERK TYPIST- High school graduate or equivalent plus two (2) years of secretarial and/or clerical
experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing
software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general
supervision of the Senior Project Engineer and staff.
9.3 Staffing:
Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction
and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final
measurements of the various pay items, shall be available to resolve disputed final pay quantities until the Division has
received a regular acceptance letter.
Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If
Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately.
If the suspension of Contractor operations requires the removal of Consultant forces from the Project, the Consultant will
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be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces.
10.0 QUALITY ASSURANCE (QA) PROGRAM:
10.1 Quality Assurance Plan:
Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Construction Project Manager. The
QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant’s organization for providing
services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the Division approves the
Consultant QA Plan.
Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility
of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the
following areas:
A. Organization:
A description is required of the Consultant QA Organization and its functional relationship to the part of the organization
performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be
detailed as well as the names and qualifications of personnel in the quality control organization.
B. Quality Assurance Reviews:
Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and
products.
C. Quality Assurance Records:
Outline the types of records which will be generated and maintained during the execution of the QA program.
D. Control of Subconsultants and Vendors:
Detail the methods used to control subconsultant and vendor quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT
specifications, plans, standard indexes, and FDOT procedures.
10.2 Quality Assurance Reviews:
Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality
Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures,
training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be
developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual
reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review.
For this Project, the CCEI shall perform an initial QA review within the first two (2) months of the start of construction.
The CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full
work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that
all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff.
10.3 Quality Records:
Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and
vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of
observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available
to the Division, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be
subject to audit review.
11.0 CERTIFICATION OF FINAL ESTIMATES:
11.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant’s
approved QC Plan and the FDOT’s Procedures as required by CPAM.
Submit the Final Estimate(s) and one (1) set of final “as-built plans” documenting the Contractor’s work in accordance with
CPAM.
Revisions to the Certified Final Estimate will be made at no additional cost to the County.
11.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II.
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Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to FDOT’s
procedures.
11.3 Offer of Final Payment:
Prepare the Offer of Final Payment package as outlined in CPAM. The package shall accompany the Certified Final
Estimates Package submitted to the Construction Project Manager for review. The Consultant shall be responsible for
forwarding the Offer of Final Payment Package to the Contractor.
RESPONSE FORMAT AND SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal
may be deemed non-responsive
Evaluation Criteria Maximum Points
1. Ability of Professional Personnel 25 Points
2. Past Performance 25 Points
3. Project Approach, Willingness to Meet Time and Budget Requirements 25 Points
4. Recent, Current, and Projected Workloads of the Firm 25 Points
TOTAL POSSIBLE POINTS 100 Points
For complete explanation of each evaluation criteria, please see the file titled “RPS Instructions” included with this
advertisement.
VENDOR CHECKLIST
***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)***
REQUEST FOR PROFESSIONAL SERVICES (RPS) (GRANT FUNDED) INSTRUCTIONS
1.1 The selection process may involve a two-step process to minimize Proposers’ costs in preparing initial qualification proposals
and expediting the review process. The Proposers will submit a qualifications proposal which will be scored based on the
Scoring Criteria for Development of Shortlist, which will be the basis for short-listing no less than three (3) firms. The
Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored
by the COUNTY. If it is determined that no presentations are necessary, a final ranking will be developed for approval by
the Board of County Commissioners.
If presentations are deemed necessary, The COUNTY may then issue an invitation for oral presentations (Step 2) to at least
the top three short-listed firms and develop a final ranking for approval by the Board of County Commissioners.
Upon approval, the County will enter into negotiations with the top ranked firm to establish cost for the services needed.
With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical
components. The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit
acquisition.
1.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process.
1.3 The intent of the Step 1 scoring of the qualification’s proposal is for consultants to indicate their interest, relevant experience,
financial capability, staffing and organizational structure. If it is determined that no presentations are necessary, a final
ranking will be developed for approval by the Board of County Commissioners.
1.4 If presentations are deemed necessary, the short-listed firms will be requested to submit Step 2, to make oral presentations.
1.5 The scores from the RPS - Step 1 will then only be used for the purposes of short-listing the top three firms and will not be
carried forward for the Step 2 of this selection process.
1.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the
Selection Committee to clarify questions and concerns before providing a final ranking.
1.7 After Step 2 oral presentations, the COUNTY will rank the Proposers and develop the final ranking for approval by the
Board of County Commissioners.
1.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations
with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be
successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations
shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals
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in the best interest of the COUNTY.
SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
1.9 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score
each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
5. Ability of Professional Personnel 25 Points
6. Past Performance 25 Points
7. Project Approach, Willingness to Meet Time and Budget Requirements 25 Points
8. Recent, Current, and Projected Workloads of the Firm 25 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the RFS submittal deadline. Payment information will be retrieved from the County’s financial system
of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the
Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on
random selection by the Procurement Services Director before at least three (3) witnesses.
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Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (25 Total Points Available)
This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar
type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It
measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with
knowledge and experience with construction and regulatory conditions and who demonstrate a strong commitment to team
collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the
companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall
level of the team’s qualifications to successfully complete the project.
EVALUATION CRITERIA NO. 2: PAST PERFORMANCE (25 Total Points Available)
This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this
project. The professional team will be evaluated on past services provided for projects of similar size and scope of this
project, including the experience the team members proposed on this project have together on the previous projects
presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific
emphasis on experience addressing the technical, community and project delivery categories. The professional team’s
minimization of change orders will be an important consideration. Preference will be given to similar services constructed
within the last 5 years in proximity to the proposed project.
The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference
forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide
information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of
this project using form provided in Form 5. Proposer may include two (2) additional pages for each project to illustrate
aspects of the completed project that provides the PSC information to assess the experience of the Proposer on relevant
project work.
EVALUATION CRITERIA NO. 3: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET
REQUIREMENTS (25 Total Points Available) Limited to 7 pages total
Written overview of the professional team’s resources available to complete the services requested in the schedule outlined
in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and
assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages)
A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time,
sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum)
Written overview of professional team’s concept and approach to managing the overall cost of the project (Limit response
to 3 pages). Include in the 3-page response specific information on past project performance that demonstrates the Proposer’s
ability to meet owners’ budgets including change order history on similar projects.
EVALUATION CRITERIA NO. 4: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (25
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Total Points Available)
This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this
project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion
of this project.
INSTRUCTIONS TO PROPOSERS
2. QUESTIONS
2.1 Direct questions related to this Request for Professional Services (RPS) to the Collier County Procurement Services Division
Online Bidding System website: https://www.bidsync.com/bidsync-cas/.
2.2 Consultant/Proposer/Vendor/Firm must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions,
please call the referenced Procurement Strategist noted on the cover page.
3. PRE-PROPOSAL CONFERENCE (if applicable)
3.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff
regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will
receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written
questions will be considered official, and will be included as part of the RPS as an addendum.
3.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for
this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order
to submit a proposal response.
4. COMPLIANCE WITH THE RPS
Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in
disqualification.
5. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other
error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification
or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing
a written revision and will give written notice to all parties who have received this RPS from the Procurement Services Division.
6. ADDENDA
The County reserves the right to formally amend and/or clarify the requirements of the solicitation where it deems necessary.
Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who
received the original RFS prior to the deadline for submission of proposals. All changes to this RFS will be conveyed
electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity
code(s) at the time when the original RFS was released, as well as those Vendors who downloaded the RFS document. All
addendums are posted on the Collier County Procurement Services Division Online Bidding System website:
https://www.bidsync.com/bidsync-cas/. Before submitting a proposal, please make sure that you have read all documents
provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may deeming
your submittal non-responsive.
7. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS
The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response
to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any
protest procedures.
8. DELIVERY OF PROPOSALS
8.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division
Online Bidding System website: https://www.bidsync.com/bidsync-cas/.
8.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated
date and/or time indicated.
9. VALIDITY OF PROPOSALS
9.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All
proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
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10. METHOD OF SOURCE SELECTION
10.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized
by Ordinance Number 2017-08, as amended, establishing and adopting the Collier County Procurement Ordinance.
10.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and
determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee
rank order the received proposals.
11. EVALUATION OF PROPOSALS
11.1 Collier County will evaluate the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’
Competitive Negotiation Act (CCNA).
11.2 The County’s procedure for selecting is as follows:
11.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.
11.2.2 The Request for Professional Services is issued.
11.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals
received and verify each proposal to determine if it minimally responds to the requirements of the published RPS.
11.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services
Division.
11.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted
proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement
professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting
dates and times will be posted with at least seventy-two hours advanced notice.
11.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria
stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and
prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is
merely a tool to assist the selection committee member in their review of the proposals.
11.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materials presented to each other, and may
ask questions of one another. Time will be allowed for public comment.
11.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and has a history of
successfully completing projects of this type, including, without limitation, additional information Collier County
may request, clarification of proposer information, and/or additional credit information.
11.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The
committee will make a determination on which firms will be invited to give oral presentations by short listing the
proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The selection
committee may ask for additional information, present materials, interview, ask questions, etc. The members may
consider any and all information obtained through this method in formulating their final ranking.
11.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of
one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By having used all
information presented (proposal, presentation, references, etc.), the selection committee members will create a final
ranking and staff will subsequently enter into negotiations.
11.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications,
modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting
supplemental proposal information.
11.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner.
11.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
12. REFERENCES
The County reserves the right to contact any and all references submitted as a result of this solicitation.
13. RESERVED RIGHTS
Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor
irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of
any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County.
Collier County reserves the right to cancel, extend, or modify any or all bids, proposals or offers and to negotiate with any
responsible providers to secure the best terms and conditions when it is deemed to be in the best of the County. County reserves
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its right to reject any sole response.
14. INSURANCE AND BONDING REQUIREMENTS
14.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized
to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor
shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days
upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the
County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the
entire project, if required, to the full insurable value of the scope of work.
14.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design
Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance
provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall,
where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
14.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
14.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
14.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County,
Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of
interests provisions.
14.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County. The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
14.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and
Bonding attachment, 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 coverage,
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.
14.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
14.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-
renewal on the part of the insurance carrier or the Consultant. The 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
coverage 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.
14.10 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such
coverage(s) 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 coverage(s) purchased or the insurance company or companies used. The decision of the County to
purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
14.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the
Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar
days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal
certificate(s) shall be considered justification for the County to terminate any and all contracts.
15. ADDITIONAL ITEMS AND/OR SERVICES
Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement
Ordinance.
16. COUNTY’S RIGHT TO INSPECT
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The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each
work assignment the Consultant is performing.
17. VENDOR PERFORMANCE EVALUATION
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this
end, vendors will be evaluated on their performance upon completion/termination of this Agreement.
The County reserves the right to take into consideration a vendor’s past performance under a prior or current County contract
when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor
performance may result in the County deeming the vendor non-responsible and therefore refraining from awarding such work.
18. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
18.1 The selected Consultant shall be required to sign a standard Collier County contract or accept the County’s Purchase Order
terms and conditions to serve as a formal contact.
18.2. The resultant contract(s) may include purchase or work orders issued by the County’s Project Manager (a/k/a Contract
Administrative Agent).
18.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the
proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will
not be obligated to sign any contracts, maintenance and/or service agreements, other documents or agree to any exceptions
to the County’s terms and conditions provided by the Consultant.
18.4 The County’s Project Manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
19. PUBLIC RECORDS COMPLIANCE
19.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as
follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East
Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
19.2 The Contractor must specifically comply with the Florida Public Records Law to:
19.2.1 Keep and maintain public records required by the public agency to perform the service.
19.2.2 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.
19.2.3 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.
19.2.4 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.
20. WORK ORDERS ON FIXED TERM CONTRACTS
20.1 The County reserves the right to order such services from selected firms as may be required during said period, but does
not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work
Order service assignments shall be at the sole discretion of the County.
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20.2 Work issued that is determined to be against a “CONTINUING CONTRACTS” shall not exceed $200,000 or the maximum
sum allowable by law under Florida’s Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes, as
amended, whichever is greater, and agreed upon by the parties.
20.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active
and extended as necessary until completion of such project.
21. PAYMENT METHOD
21.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s
invoices must include:
21.1.1 Purchase Order Number
21.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or
contract. Invoices shall be sent to:
Board of County Commissioners Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
21.2 Payments will be made for articles and/or 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.
21.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier
County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-
set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for
materials delivered in association with a contract.
21.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for
payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes,
otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or
reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
22. ENVIRONMENTAL HEALTH AND SAFETY
22.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and
any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around
the work site. All firewall penetrations must be protected in order to meet Fire Codes.
22.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or
right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any
department and/or Consultant.
22.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
22.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
23. POLLUTION PREVENTION
The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution
incidents occur, Collier County Pollution Control must be notified immediately.
24. LICENSES
24.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations
necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law,
Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted
with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant
to submit the required documentation may be grounds to DEEM CONSULTANT NON-RESPONSIVE. A
Consultant, with an office within Collier County is also required to have an occupational license.
24.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier
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County Contractor License registration form and submit the required fee. After registering the license/registration will need
to be renewed thereafter to remain “active” in Collier County.
24.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and
Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses,
please contact the Tax Collector’s Office at (239) 252-2477.
25. SURVIVABILITY
The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the
original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or
termination.
26. PRINCIPAL/COLLUSION
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this
Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this
Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties
making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
27. RELATION OF COUNTY
It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the
Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the
County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.
28. TERMINATION
Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may
terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty
(30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is
made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the
County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance.
29. LOBBYING
After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed
official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final
contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee
or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for
award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined
in section Twenty-Eight of County Procurement Ordinance 2017-08, as amended.
30. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority
(www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation
response and the document number should be identified. Firms who do not provide the certificate of authority at the time of
response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide
the document within the referenced timeframe, the County reserves the right to award to another firm.
31. SINGLE PROPOSAL
Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal entity
as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture
submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is
not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant
to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement will be deemed non-
responsive and rejected from further consideration.
32. PROTEST PROCEDURES
32.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the
Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal
protests.
32.2With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions
governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further
negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three
(3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement
16.A.12.c
Packet Pg. 651 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal
protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services
Director, to render a decision on the formal protest and determine whether postponement of the bid opening or
proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and
conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.
32.3Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent
to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays,
from the date of the initial posting of the recommended award.
32.4All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services
Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied
by the required fee.
32.5Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as
amended. The protesting party must have standing as defined by established Florida case law to maintain a protest.
33. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted Consultant list.
34. SECURITY AND BACKGROUND CHECKS
34.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five
(5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management Division for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four (4) years.
34.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times
while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date
of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background
check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business.
34.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This
notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four
(4) hours of separation may result in a deduction of $500 per incident.
34.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated
upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.
35. CONFLICT OF INTEREST
Consultant shall complete the Conflict of Interest Affidavit. Disclosure of any potential or actual conflict of interest is subject
to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance
and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including
but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
37. IMMIGRATION LAW AFFIDAVIT CERTIFICATION
37.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only
individuals who are eligible to work in the United States.
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Packet Pg. 652 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
37.2 The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in
partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment
eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements.
The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
Request for Professional Services (RPS) and construction services.
37.3 Exceptions to the program:
37.3.1 Commodity based procurement where no services are provided.
37.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners
37.4 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of
your enrollment consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed
E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the
Vendor’s proposal/bid or within five (5) day of the County’s Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID
MAY DEEM THE VENDOR’S AS NON-RESPONSIVE.
37.5Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered
under the “Exceptions to the program” clause above. All vendors shall familiarize themselves with the statutory
requirements set fort in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and
Subcontractors.
37.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the
following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with
all rules and regulations governing this program.
37.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure
by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.
Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal.
16.A.12.c
Packet Pg. 653 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Vendor Check List
IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted
electronically through BidSync. Vendor should checkoff each of the following items:
General Bid Instructions has been acknowledged and accepted.
Collier County Purchase Order Terms and Conditions have been acknowledged and accepted.
Form 1: Vendor Declaration Statement
Form 2: Conflict of Interest Certification
Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) -
http://dos.myflorida.com/sunbiz/ should be attached with your submittal.
Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid.
Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED
NON-RESPONSIVE
E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal.
Form 4: Reference Questionnaires form must be utilized for each requested reference and included with your submittal; id
applicable to the solicitation.
Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with
your submittal. All forms must be executed, or you MAY be DEEMED NON-RESPONSIVE.
Vendor W-9 Form.
Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five
(5) days of the County’s issuance of a Notice of Recommend Award.
The Bid Schedule has been completed and attached with your submittal, applicable to bids.
Copies of all requested licenses and/or certifications to complete the requirements of the project.
All addenda have been signed and attached, or you MAY be DEEMED NON-RESPONSIVE.
County’s IT Technical Architecture Requirements has been acknowledged and accepted, if applicable.
Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable.
16.A.12.c
Packet Pg. 654 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Form 1: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions,
purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and
accepted.
The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal
contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor
and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted
is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in
accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the
Vendor’s bids.
Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to
compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated work that is a result of this
awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of
_______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
*CCR # or CAGE Code
*Only if Grant Funded
__________________________________________________________________________
Telephone:
Email:
Signature by:
(Typed and written)
Title:
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Packet Pg. 655 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Additional Contact Information
Send payments to:
(required if different from
above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
16.A.12.c
Packet Pg. 656 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Form 2: Conflict of Interest Certification Affidavit
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified
above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical
direction for the procurement) which appears to skew the competition in favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified
above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to
render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in
the “sunshine”) conversation (s), meeting(s), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
_____________________________________
Company Name
_____________________________________
Signature
_____________________________________
Print Name and Title
State of ___________________
County of _________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day
of ____________ (month), (year), by (name of person acknowledging).
_________________________________________
(Signature of Notary Public - State of Florida)
__________________________________________________________
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
______________________________________
Type of Identification Produced
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Packet Pg. 657 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Form 3: Immigration Affidavit Certification
This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation
submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the
submission of the Vendor’s proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E-
Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will
be produced at the time of the submission of the Vendor’s proposal/bid or within five (5) day of the County’s Notice of Recommend
Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID
MAY DEEM THE VENDOR’S AS NON-RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act (“INA”).
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such
Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and
agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The
Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the
Social Security Administration at the time of submission of the Vendor’s proposal/bid.
_____________________________________
Company Name
_____________________________________
Signature
_____________________________________
Print Name and Title
State of ___________________
County of _________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day
of ____________ (month), (year), by (name of person acknowledging).
_________________________________________
(Signature of Notary Public - State of Florida)
__________________________________________________________
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
______________________________________
Type of Identification Produced
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Packet Pg. 658 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
Form 4 Reference Questionnaire
(USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation:
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email: FAX: Telephone:
Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection
of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have
previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,
with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very
unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular
area, leave it blank and the item or form will be scored “0.”
Project Description: ___________________________
Completion Date: _____________________________
Project Budget: _______________________________ Project Number of Days: _______________________
Item Criteria Score (must be completed)
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
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Packet Pg. 659 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
FORM 5
IF APPLICABLE
GRANT PROVISIONS AND ASSURANCES FORMS
ARE PROVIDED IN SEPARATE PACKAGE AND
MUST BE COMPLETED AND EXECUTED IN
ITS ENTIRTY AND RETURNED WITH THE
SUBMISSION OF THE BID/PROPOSAL.
FAILURE TO DO SO MAY DEEM YOU NON-
RESPONSIVE.
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Packet Pg. 660 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
CONFIRM ALL REQUIRED LICENSES AND
FORMS ARE COMPLETED AND EXECUTED IN
ITS ENTIRTY AND RETURNED WITH THE
SUBMISSION OF THE BID/PROPOSAL.
FAILURE TO DO SO MAY DEEM YOU NON-
RESPONSIVE.
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Packet Pg. 661 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
INSURANCE AND BONDING REQUIREMENTS
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$_1,000,000___ single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$__1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,
indemnify and hold harmless Collier 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 the Contractor/ Vendor or anyone employed or
utilized by the Contractor/Vendor in the performance of this Agreement.
5. Automobile Liability $_1,000,000____ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. Other insurance as noted:
Professional Liability/Errors & Omissions $ 2,000,000 Per claim & in the
aggregate
Acceptance of the work by the Department or Agreement termination does not
constitute Department approval and will not relieve the Consultant of the
responsibility for subsequent corrections of any errors and/or omissions and the
clarification of any ambiguities. The Consultant shall make all necessary revisions or
corrections resulting from errors and/or omissions on the part of the Consultant
without additional compensation. If these errors and/or omissions are discovered
during the construction of the project, they shall be corrected without additional
compensation.
7. Bid bond
Shall be submitted with proposal response in the form of certified funds, cashiers’ check
or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal
bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the
Collier County Board of County Commissioners on a bank or trust company located in
the State of Florida and insured by the Federal Deposit Insurance Corporation.
8. Performance and Payment
Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed contract
by Proposers receiving award, and written for 100% of the Contract award amount, the
cost borne by the Proposer receiving an award. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and
otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or
better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders’
surplus, all as reported in the most current Best Key Rating Guide, published by A.M.
Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.
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Packet Pg. 662 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required. This 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 Vendor’s policy shall be endorsed accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state
the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf
of Collier County.
12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail
East, Naples, FL 34112
13. Thirty (30) Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such
coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the
project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions
regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division.
2/23/21 - CC
___________________________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five
(5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the
date of award.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
___________________________________ Telephone Number ________________
16.A.12.c
Packet Pg. 663 Attachment: 21-7877 Solicitation (20135 : TIGER Grant CEI)
EXHIBIT 1.A
EXH 1A – P. 1
FEDERAL HIGHWAY ADMINISTRATION
CFDA 20.933 NATIONAL INFRASTRUCTURE INVESTMENTS
CONTRACTOR OVERVIEW AND COMPLIANCE
_______________________
The following terms and conditions supersede any terms and conditions under the General Conditions of
this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this
engagement only.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work
required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier
contracts (e.g. subcontract or sub-agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other agreements
for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor,
lower-tier subcontractor or service provider.
STATUTORY AUTHORITY
USDOT Consolidated Appropriations Act, 2017
Title 23, U.S.C. – Federal-Aid Highways
2 C.F.R. Part 200
By entering into this agreement, the Contractor assures and certifies that it will comply with all applicable
Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall
be governed by and in compliance with the following requirements, as applicable, to the County, and any
applicable subcontractor.
The applicable provisions to this agreement include, but are not limited to, the following:
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Packet Pg. 664 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
EXHIBIT 1.A
EXH 1A – P. 2
1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier)
a. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain,
complete and readily accessible records related in whole or in part to the contract, including, but not limited
to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-
party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance
with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports
required under this Contract for a period of at not less than three (3) years after the date of
termination or expiration of this Contract, except in the event of litigation or settlement of claims
arising from the performance of this Contract, in which case records shall be maintained until the
disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to
inspect and audit records and information related to performance of this contract as reasonably may be
required.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to
the sites of performance under this contract as reasonably may be required.
Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access
to and the right to examine and inspect all records, documents, and papers, including contracts, related to a
project for which a grant is made under this chapter. [Examination of Records (U.S.C. 49 § 5325(g).]
2. ACCESSIBILITY (Americans with Disabilities ACT)
Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42
U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),”
49 C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT
incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board’s
“Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include
accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49
C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the
ADAAG and the DOT amendments.
3 . BYRD ANTI-LOBBYING AMENDMENT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which
exceed $100,000. See FHWA-1273, Section XI.
4 . CLEAN AIR ACT / FEDERAL WATER POLLUTION CONTROL ACT
The Contractor shall comply with this provision, which applies to construction contracts
of amounts in excess of $150,000, and incorporated in Form FHWA-1273, Section IX.
5 . CONFLICT OF INTEREST
23 CFR 1.22; 23 CFR 172.7(b)(4) applies to this contract. (See Certification.)
6 . DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier)
The Contractor shall comply and facilitate compliance with Executive Orders 12549 and 12689 and U.S.
DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and
supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply
to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit
(irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA
official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates,
and subcontractors are eligible to participate in this federally funded contract and are not presently declared
by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
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c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later
determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the AGENCY, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is
valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
7 . DISADVANTAGED BUSINESS ENTERPRISE (DBE) AND BID OPPORTUNITY
See Exhibit 1.B “Federal Certifications and Assurances” and Section 15 Federal Contract Provisions.
The Contractor shall comply with applicable solicitations and contracts as defined in the State’s approved
DBE program.
The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List.
The Florida Department of Transportation began its DBE race neutral program January 1,
2000. Contract specific goals are not placed on Federal/State assisted contracts; however,
FDOT currently has an overall program goal of 10.65% goal it must achieve.
8 . DOMESTIC PREFERENCE FOR PROCUREMENTS
200.322; 23 U.S.C. §313; 23 C.F.R. §635.410
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included in all
subawards including all contracts and purchase orders for work or products under this award. (b) For
purposes of this section: (1) ‘‘Produced in the United States’’ means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or
in part of non-ferrous metals such as aluminum; plastics and polymer based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
9 . ENERGY EFFICIENCY
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. 6201).
10. E-VERIFY
The Contractor shall utilize the U.S. Department of Homeland Security’s EVerify 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.
The Website for E-Verify is: http://www.uscis.gov/e-verify
See Exhibit 1.C Section 37 – Immigration Law Affidavit Certification. See Exhibit 1.D Professional Services
Agreement, Article 21.
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11. FEDERAL ENDANGERED SPECIES ACT AND OTHER WILDLIFE
This contract is subject to the following Federal and State regulations including FDOT’s Division 1 Standard
Specifications for Local Agencies to ensure compliance of the Contractor’s proposed staging/storage
area with the Endangered Species Act, Section 4F and Section 106 of the Code of Federal Regulations.
7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: When
mitigation measures and/or special conditions are necessary, these measures and conditions will be
addressed on the plans or in permits as identified in 7-2.1. In addition, in cases where certain protected,
threatened or endangered species are found or appear within close proximity to the project boundaries, the
Department has established guidelines that will apply when interaction with certain species occurs, absent
of any special mitigation measures or permit conditions otherwise identified for the project.
These guidelines are posted at the following URL address:
http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/files/endangeredwildlifeguidelines.pdf
7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f) of the USDOT Act prohibits the U. S.
Secretary of Transportation from approving a project which requires the use of publicly owned land of a
public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or
local significance unless there is no prudent or feasible alternative to using that land and the program or
project includes all possible planning to minimize the harm to the site resulting from the use.
12. FOREIGN CONTRACTOR AND SUPPLIER
Proposal may not limit this project to domestic-owned contractors only.
13. INCENTIVE/DISINCENTIVE CLAUSES (PROJECT SPECIFIC)
Provision excluded from this contract.
14. INDIAN PREFERENC E ON FEDERAL-AID PROJECTS (LABOR & EMPLOYMENT)
Provision excluded from this contract.
15. LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC -
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
EQUAL EMPLOYMENT OPPORTUNITY (TITLE VI ASSURANCE-DOT 1050.2, Appendices A and E)
(REV 10-23-12) (FA 11-15-12) (7-13)
Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an
approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal
Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the
Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a
part of the Contract.
Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b),
the Contract Collier County signs with the Contractor (and each subcontract the prime contractor signs with
a subcontractor) must include the following assurance: “The Contractor, sub-recipient or subcontractor shall
not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as the recipient
deems appropriate.”
Plan Requirements: Include the following in the DBE Affirmative Action Program Plan:
a. A policy statement, signed by an authorized representative (president, chief executive officer, or
chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the
maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the
program. Circulate the policy statement throughout the Contractor’s organization.
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b. The designation of a Liaison Officer within the Contractor’s organization, as well as support staff,
necessary and proper to administer the program, and a description of the authority, responsibility, and
duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for
developing, managing, and implementing the program on a day-to- day basis for carrying out technical
assistance activities for DBEs and for disseminating information on available business opportunities so
that DBEs are provided an equitable opportunity to participate in Contracts let by the Department.
c. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not
limited to:
1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and
delivery schedules, and for the preparation and presentation of quotations.
2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing,
or technical assistance.
3. Carrying out information and communication programs or workshops on contracting procedures and
specific contracting opportunities in a timely manner, with such programs being bilingual where
appropriate.
4. Encouraging eligible DBEs to apply for certification with the Department.
5. Contacting Minority Contractor Associations and city and county agencies with programs for
disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply
for certification with the Department.
DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System:
1. Anticipated DBE Participation Statement - within 3 business days after the Pre- Construction Conference.
2. Report monthly, through the Equal Opportunity Compliance System on the Department’s Website, actual
payments (including retainage) made to DBEs for work performed with their own workforce and equipment
in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise
(MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal
Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to
monitor DBE affirmative action efforts which include the following:
a. the procedures adopted to comply with these Specifications;
b. the number of subordinated Contracts on Department projects awarded to DBEs;
c. the dollar value of the Contracts awarded to DBEs;
d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of
the total Contract amount;
e. a description of the general categories of Contracts awarded to DBEs;
f. the specific efforts employed to identify and award Contracts to DBEs.
Upon request, provide the records to the Department for review. Maintain all such records for a period of
five years following acceptance of final payment and have them available for inspection by the Department
and the Federal Highway Administration
Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when
DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually
performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE
Participation Statement only include the dollars that a DBE is expected to earn for work they perform with
their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect
changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the
change.
When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part
26.55, for example.
a. The Department will count only the value of the work performed by the DBE toward DBE goals. The
entire amount of the contract that is performed by the DBE’s own forces (including the cost of supplies,
equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit.
b. The Department will count the entire amount of fees or commissions charged by the DBE firm for
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providing a bona fide service, such as professional, technical, consultant, or managerial services or for
providing bonds or insurance specifically required for the performance of a Department-assisted
contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not
excessive as compared with fees customarily followed for similar services.
c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count
the value of the subcontracted work only if the DBE’s subcontractor is itself a DBE. Work that a DBE
subcontracts to a non-DBE firm does not count toward DBE goals.
d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the
dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs
with its own forces toward DBE goals.
e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function
in the work of a contract may be counted toward the voluntary DBE goal.
f. A DBE performs a commercially useful function when it is responsible for execution of the work of the
contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a commercially useful function, the DBE must also be responsible, with
respect to materials and supplies used on the contract, for negotiating price, determining quality and
quantity, ordering the material, and installing (where applicable) and paying for the material itself.
g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate
the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under
the contract is commensurate with the work it is actually performing and the DBE credit claimed for its
performance of the work, and other relevant factors.
h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant
in a transaction, contract, or project through which funds are passed in order to obtain the appearance
of DBE participation.
i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with
its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be
expected on the basis of normal industry practice for the type of work involved, the DBE has not
performed a commercially useful function.
Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors.
The following Prompt Payment mechanisms pursuant to 49 CFR §26.29 apply to this contract:
(a) The County requires prime contractors to pay subcontractors for satisfactory performance of their
contracts no later than 30 days from receipt of each payment the County makes to the prime contractor.
(b) The County must ensure prompt and full payment of retainage from the prime contractor to the
subcontractor within 30 days after the subcontractor's work is satisfactorily completed. The County must
use one of the following methods to comply with this requirement:
(1) The County may decline to hold retainage from prime contractors and prohibit prime contractors
from holding retainage from subcontractors.
(2) The County may decline to hold retainage from prime contractors and require a contract clause
obligating prime contractors to make prompt and full payment of any retainage kept by prime contractor to
the subcontractor within 30 days after the subcontractor's work is satisfactorily completed.
(3) The County may hold retainage from prime contractors and provide for prompt and regular
incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on
these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed
to the subcontractor for satisfactory completion of the accepted work within 30 days after the County’s
payment to the prime contractor.
(c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks
called for in the subcontract have been accomplished and documented as required by the recipient. When
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the County has made an incremental acceptance of a portion of a prime contract, the work of a
subcontractor covered by that acceptance is deemed to be satisfactorily completed.
(d) The County’s DBE program must provide appropriate means to enforce the requirements of this
section. These means may include appropriate penalties for failure to comply, the terms and conditions of
which you set. The County’s program may also provide that any delay or postponement of payment among
the parties may take place only for good cause, with the County’s prior written approval.
(e) The County may also establish, as part of its DBE program, any of the following additional
mechanisms to ensure prompt payment:
(1) A contract clause that requires prime contractors to include in their subcontracts language
providing that prime contractors and subcontractors will use appropriate alternative dispute resolution
mechanisms to resolve payment disputes. The County may specify the nature of such mechanisms.
(2) A contract clause providing that the prime contractor will not be reimbursed for work performed by
subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for
the work they have performed.
(3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that
DBEs and other contractors are fully and promptly paid.
[68 FR 35553, June 16, 2003]
[End of Clause]
16. LOCAL GOVERNMENT PROMPT PAYMENT ACT
The Contractor acknowledges that construction services purchased by a local governmental entity which
are paid for, in whole or in part, with federal funds are subject to federal grantor laws and regulations or
requirements. See F.S. Chapter 218.735 (8)(a-h) Local Government Prompt Payment Act.
17. LOCAL PREFERENCE (LOCAL/STATE HIRING PREFERENCE)
Provision excluded from this contract.
18. NATIONAL HISTORIC PRESERVATION ACT OF 1966
Section 106 - 54 U.S.C. § 306108 and F.S 267.031 are applicable to this contract.
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(Applicable to all contracts.)
The federal government shall not be subject to any obligations or liabilities to any third-party Contractor, or
any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the
performance of this contract. Notwithstanding any concurrence provided by the federal government in or
approval of any solicitation, subagreement, or third-party contract, the federal government continues to have
no obligations or liabilities to any party, including the third-party Contractor.
20. NON-COLLUSION (CERTIFICATION)
23 CFR 635.112(f)
The Contractor shall certify through the appropriate State form the following non-collusion provision as
follows: Each bidder shall file a statement executed by, or on behalf of the person, firm association, or
corporation submitting the bid certifying that such person, firm association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action,
in restraint, of free competitive bidding in connection with the submitted bid. Failure to submit the executed
statement as part of the bidding documents will make the bid nonresponsive and not eligible for award
consideration.
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See Exhibit 1.B: Federal Contract Provisions and Assurances FDOT Form 375-030-50.
21. OWNER FORCE ACCOUNT/COST-EFFECTIVE JUSTIFICATION
Provision excluded from this contract.
22. PATENTED/PROPRIETARY MATERIALS
The Owner certifies that neither patented nor proprietary material are required or specifically named in the
specifications to be used for this project.
23. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUI PMENT
The Contractor is prohibited from obligating or expending loan or grant funds to procure or obtain; extend or
renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. See
Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216
and 200.471.
24. PUBLIC ACCESS TO PUBLIC RECORDS
See Professional Services Agreement Article 1.7.
25. PUBLIC ENTITY CRIMES STATEMENT
See Exhibit 1.C - Section 33 – Public Entity Crime.
See Professional Services Agreement Article 19.1.
26. REMEDIES FOR BREACH OR VIOLATION OF CONTRACT TERMS
Required for all contracts in excess of $150,000 and must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
27. SALVAGE CREDITS
Provision excluded from this contract.
28. STATE OF FLORIDA STATUTES
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate
who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management
Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public work; may
not submit bids on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact
business with any public entity.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for
the inspector general to have access to any records, data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
29. TERMINATION OF CONTRACT
(Required for all contracts in excess of $10,000.)
See RPS; INSTRUCTIONS TO PROPOSERS - Section 28 – Termination.
30. TEXT MESSAGING WHILE DRIVING
(Financial Assistance Policy to Ban Text Messaging While Driving)
a. Definitions. As used in this clause-
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"Driving" - Means operating a motor vehicle on an active roadway with the motor running, including while
temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Does not include operating
a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an
active roadway and has halted in a location where one can safely remain stationary.
"Text messaging" - means reading from or entering data into any handheld or other electronic device,
including for the purpose of short message service texting, e-mailing, instant messaging, obtaining
navigational information, or engaging in any other form of electronic data retrieval or electronic data
communication. The term does not include glancing at or listening to a navigational device that is
secured in a commercially designed holder affixed to the vehicle, provided that the destination and route
are programmed into the device either before driving or while stopped in a location off the roadway
where it is safe and legal to park.
b. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while
Driving, dated October 1, 2009.
c. The Contractor should-
i. Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or -rented
vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official
Government business or when performing any work for or on behalf of the Government.
ii. Conduct initiatives in a manner commensurate with the size of the business, such as- (i)
Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and (ii) Education, awareness, and other outreach to employees about the
safety risks associated with texting while driving.
d. Sub-agreements/sub-contracts. The Contractor shall insert the substance of this clause, including this
paragraph (d), in all sub-agreement/subcontracts that exceed the micro-purchase threshold.
3 1 . TITLE VI REQUIREMENTS
The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of
Transportation issued pursuant to such Act, Collier County hereby notifies all bidders that it will affirmatively
insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises
as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in
consideration for an award.
During the performance of this Contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Contractor”) agrees to the following:
1. Compliance with Regulations: The Contractor shall comply with the Regulations on nondiscrimination
in Federally-assisted programs of the U.S. Department of Transportation (“USDOT”) Title 49, Code of
Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on
referred to as the Regulations). They are incorporated here by reference and made a part of this
contract.
2. Nondiscrimination: In work performed during the contract, the Contractor shall not discriminate on the
grounds of race, color, or national origin in the selection and retention of subcontractors. This includes
obtaining 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. This includes employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitation 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.
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4. Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives. He/she shall also permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by Collier County and 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 that the contractor does not comply with the
nondiscrimination provisions of this contract, Collier County will impose 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. Sanctions may
include, but are not limited to: a. withholding of payments to the Contractor under the contract until the
Contractor complies; and/or, b. cancellation, termination or suspension of the contract in whole, or in
part.
6. Incorporation of Provisions: The contractor shall include the terms of paragraphs (1) through (6) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued modifying the Provisions. The contractor shall take action on any
subcontract or procurement that Collier County or the Florida Department of Transportation, the County
or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration directs in order to enforce provisions including
sanctions for non-compliance. 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.
32. APPENDIX E
(Pertinent Non-Discrimination Authorities) During the performance of this contract, the contractor, for itself,
its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with
the following nondiscrimination statutes and authorities; including but not limited to:
• 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 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• 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;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures nondiscrimination 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
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EXHIBIT 1.A
EXH 1A – P. 11
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).
PREQUALIFICATION PROGRAMS FOR CONTRACTORS 23 CFR 635.110(c):
Under this Agreement, the Contractor shall obtain the required prequalification rating as a condition for
submission or award of contract only if the period between the date of issuing a call for bids and the date
of opening of bids affords sufficient time to enable a bidder to obtain the required prequalification rating.”
“c) No contractor shall be required by law, regulation, or practice to obtain a license before submission of a
bid or before the bid may be considered for award of a contract. This, however, is not intended to preclude
requirements for the licensing of a contractor upon or subsequent to the award of the contract if such
requirements are consistent with competitive bidding. Prequalification of contractors may be required as a
condition for submission of a bid or award of contract only if the period between the date of issuing a call for
bids and the date of opening of bids affords sufficient time to enable a bidder to obtain the required
prequalification rating.”
33. DETERMINATION OF ALLOWABLE COSTS
A determination of allowable costs in accordance with the Federal cost principles is applicable to this
contract.
THE CONTRACTOR CERTIFIES THE FOLLOWING STATEMENTS
Lobbying Certification
“The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
(a) 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 either directly or indirectly an officer or employee of any
state or 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.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with this
Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-L “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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, US Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each failure.”
See Exhibit 1.B to complete Federal Certifications and Assurances Disclosure for Lobbying Activities
Suspension and Debarment
“The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner,
partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving
the administration of federal funds:
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EXHIBIT 1.A
EXH 1A – P. 12
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency;
(b) has within a three-year period preceding this certification been convicted of or had a civil
judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a federal, state, or local government transaction or public contract;
violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this
certification; and
(d) has within a three-year period preceding this certification had one or more federal, state, or local
government public transactions terminated for cause or default.
The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material
supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this project by any federal agency unless authorized by the Florida Department of Transportation.”
See Exhibit 1.B to complete Federal Certifications and Assurances Certification Regarding Debarment,
Suspension, and Other Responsibility Matters Primary Covered Transactions.
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EXHIBIT 1.A
EXH 1A – P. 13
FHWA REQUIRES FORM 375-04-84 TO BE INCLUDED IN ALL CONTRACTS AND
SUBCONTRACTS
FORM 375-04-84
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES
CONTRACTS
IS PROVIDED AT THE END OF EXHIBIT 1.A
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EXHIBIT 1.A
EXH 1A – P. 14
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS
375-040-84
PROGRAM MANAGEMENT
12/19
Page 1 of 16
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of
the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted
programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time
to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued
pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be
determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who
fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation,
Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier
Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
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 Highway Administration, 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.
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EXHIBIT 1.A
EXH 1A – P. 15
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS
375-040-84
PROGRAM MANAGEMENT
12/19
Page 2 of 16
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including
procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto.
The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the
event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the
Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the
Consultant may request the United States to enter into such litigation to protect the interests of the United States.
K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-
discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order
12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which
prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of
this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor.
1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this
contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.
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EXHIBIT 1.A
EXH 1A – P. 16
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS
375-040-84
PROGRAM MANAGEMENT
12/19
Page 16 of 16
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract
involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person
(other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in
connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to
applicable State and Federal Laws, both criminal and civil.
S. The Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new
employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract term.
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EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2.Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions for Federal Aid Contracts (FDOT Form 375-030-32)
3.Anticipated DBE, M/WBE or VETERAN Participation Statement
4.Bid Opportunity List for Commodities and Contractual Services and Professional Consultant Services
5.Truth in Negotiation Certification (FDOT Form 375-030-30)
6.Conflict of Interest/Confidentiality Certification (FDOT Form 375-030-50)
7.Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts (FDOT Form 375-030-33)
8.Disclosure of Lobbying Activities (FDOT Form 375-030-34)
9.Acknowledgement of Grant Terms and Conditions
EXH B.1 - P. 1
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EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1)The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from covered transactions by any Federal department or agency;
(b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgmentrendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public (Federal, State or local) transaction or contract under apublic transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making false statements, or receiving stolenproperty;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of thiscertification; and
(d)Have not within a three-year period preceding this application/proposal had one or more publictransactions (Federal, State or local) terminated for cause or default.
(2)Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal.
__________________________ ________________________________________
Name Project Name
__________________________ ________________________________________
Title Project Number
__________________________ ________________________________________
Firm Tax ID Number
________________________________________
DUNS Number
_________________________________________________________________________
Street Address, City, State, Zip
__________________________________
Signature
EXH B.1 - P. 2
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
375-030-32
PROCUREMENT
11/15
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor:
By:
Date:
Title:
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower
Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
“First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i.Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
EXH B.1 - P. 3
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Packet Pg. 682 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
IS THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION? Y N
CONSULTATION? Y N
OTHER? Y N
DBE, MBE, WBE
VET, SMB8A
SUBCONTRACTOR OR SUPPLIER
NAME
TYPE OF WORK OR
SPECIALTY
ETHNICITY CODE
(See Below)
SUB/SUPPLIER
DOLLAR AMOUNT
PERCENT OF CONTRACT
DOLLARS
TOTALS:
NOTE:
ETHNICITY CODE
Black American BA
Hispanic American HA
Native American NA
Subcont. Asian American SAA
Asian‐Pacific American APA
Non‐Minority Women NMW
Other: not of any other group listed O
DATE
TELEPHONE NUMBER FAX NUMBER
IS THE PRIME A FLORIDA‐CERTIFIED DISADVANTAGED,
MINORITY OR WOMEN BUSINESS ENTERPRISE
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
ADMINISTRATION? OR A SERVICE DISABLED VETERAN?
VETERAN? Y N
IS THIS SUBMISSION A REVISION? Y N
SDB 8A?Y N
CONTRACT DOLLAR AMOUNT
C.SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
WBE?Y N
MBE?Y N
DBE?Y N
This information is used to track and report anticipated DBE or MBE participation in federally‐funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
B.IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN‐OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
A.VENDOR/PRIME CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER
DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REQ)
IF YES, REVISION NUMBER__________
EMAIL ADDRESS OF PRIME (SUBMITTER)
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY:
GRANT PROGRAM/CONTRACT
EXH B.1 - P. 4
16.A.12.d
Packet Pg. 683 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES
EXH B.1 - P. 5
16.A.12.d
Packet Pg. 684 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRUTH IN NEGOTIATION CERTIFICATION
375-030-30
PROCUREMENT
05/14
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project’s agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Name of Consultant
By:
Date
EXH B.1 - P. 6
16.A.12.d
Packet Pg. 685 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
375-030-50
PROCUREMENT
OGC – 1/20
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./
Solicitation No
Description Financial Project Number(s)
VERSIONS
TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS
SELECTION COMMITTEE
PUBLIC OFFICERS / EMPLOYEES
TECHNICAL REVIEW / AWARDS COMMITTEE FOR LOW BID PROJECTS
CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER
CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS
EXH B.1 - P. 7
16.A.12.d
Packet Pg. 686 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
375-030-50
PROCUREMENT
OGC – 1/20
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./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Technical Review Committee Members:
Printed Names Signatures Date
EXH B.1 - P. 8
16.A.12.d
Packet Pg. 687 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS
375-030-50
PROCUREMENT
OGC – 1/20
Additional Page
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Technical Review Committee Members:
(Continued)
Printed Names Signatures Date
DOT Technical Advisors:
Printed Names Signatures Date
EXH B.1 - P. 9
16.A.12.d
Packet Pg. 688 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
SELECTION COMMITTEE
375-030-50
PROCUREMENT
OGC – 1/20
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision
making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of
interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not
have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation
of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal
obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any
sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future
decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social
relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical
impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the
procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement
Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to
procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the
Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents
submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and
information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or
review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with
anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by
the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any
member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's
Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration
for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or
applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and Section
838.22, Florida Statutes, and could result in disciplinary action by the Department.
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Date:
Printed Names Signatures
EXH B.1 - P. 10
16.A.12.d
Packet Pg. 689 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
SELECTION COMMITTEE
375-030-50
PROCUREMENT
OGC – 1/20
Additional Page
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Selection Committee Members:
Printed Names Signatures
EXH B.1 - P. 11
16.A.12.d
Packet Pg. 690 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
PUBLIC OFFICERS/EMPLOYEES
375-030-50
PROCUREMENT
OGC – 1/20
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision
making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of
interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or employees of an
agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or
accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in public
service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater sensitivity to his
or her conduct, as well as the public's perception of such conduct.
State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial decisions,
and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit
was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or employees of an agency should
avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not
that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the
procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement
Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to
procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the
Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents
submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and
information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or
review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with
anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by
the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any
member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's
Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration
for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or
applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section
838.22, Florida Statutes, and could result in disciplinary action.
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
(continued on next page)
Printed Names Signatures Date
EXH B.1 - P. 12
16.A.12.d
Packet Pg. 691 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
PUBLIC OFFICERS/EMPLOYEES
375-030-50
PROCUREMENT
OGC – 1/20
Additional Page
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
EXH B.1 - P. 13
16.A.12.d
Packet Pg. 692 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
375-030-50
PROCUREMENT
OGC – 1/20
I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision
making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of
interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not
have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation
of any kind which is in conflict with the proper conduct of their duties in the public interest.
I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal
obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct.
Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any
sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future
decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social
relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical
impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the
procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement
Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to
procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the
Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents
submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and
information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or
review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with
anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by
the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any
member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's
Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration
for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or
applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section
838.22, Florida Statutes, and could result in disciplinary action by the Department.
Letting Date:
Contract Number(s):
Technical Review/Awards Committee Members:
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
EXH B.1 - P. 14
16.A.12.d
Packet Pg. 693 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
TECHNICAL REVIEW/AWARDS COMMITTEE
LOW BID PROJECTS
375-030-50
PROCUREMENT
OGC – 1/20
Additional Page
Contract Number(s):
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
Printed Names Signatures Date
EXH B.1 - P. 15
16.A.12.d
Packet Pg. 694 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
375-030-50
PROCUREMENT
OGC –1/20
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
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
EXH B.1 - P. 16
16.A.12.d
Packet Pg. 695 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
FOR CONSULTANT/CONTRACTOR
SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT
375-030-50
PROCUREMENT
OGC –1/20
Additional Page
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
EXH B.1 - P. 17
16.A.12.d
Packet Pg. 696 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
375-030-50
PROCUREMENT
OGC – 1/20
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
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
EXH B.1 - P. 18
16.A.12.d
Packet Pg. 697 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
375-030-50
PROCUREMENT
OGC – 1/20
Additional Page
Advertisement No./
Solicitation No
Description Financial Project Number(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification.
Printed Names Signatures Date
EXH B.1 - P. 19
16.A.12.d
Packet Pg. 698 Attachment: EXH 1.A&1.B 21-7877 Fed Contract Prov and Assur 4.21 (20135 : TIGER Grant CEI)
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:
By: Date:
Authorized Signature:
Title:
EXH B.1 - P. 20
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISCLOSURE OF LOBBYING ACTIVITIES 375-030-34
PROCUREMENT
02/16
Is this form applicable to your firm?
If no, then please complete section 4
below for “Prime”
YES NO
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
(mm/dd/yyyy)
4. Name and Address of Reporting Entity:
Prime Subawardee
Tier , if known:
Congressional District, if known: 4c
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ____________________________________________
Print Name:
Title:
Telephone No.: Date (mm/dd/yyyy):
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
EXH B.1 - P. 21
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375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast G uard.
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.
EXH B.1 - P. 22
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EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a cop y of the
signed subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor’s progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to
whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name ______________________________ Date __________________
Authorized Signature ___________________________________________________________
Address _____________________________________________________________________
Solicitation/Contract # ____________________________
EXH B.1 - P. 23
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