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Backup Documents 04/12/2022 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO $ 1 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management /,2/zz- 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners In//s9 T )5/ '-1/I'//22- 4. Minutes and Records Clerk of Court's Office `,:gLi ii412)* 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-6020 Contact/Depat lnlent Agenda Date Item was April 12, 2022 Agenda Item Number 11.A. ,/ Approved by the BCC Type of Document Agreement '" Number of Original 1 Attached Documents Attached PO number or account N/A 21-7877 Kisinger Campo number if document is Kisinger Campo & & Associates, to be recorded Associates, Corp. Corp. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! RECEIVED 8. The document was approved by the BCC on April 12,2022 and all changes made „N/A is not during the meeting have been incorporated in the attached document. The County APR 1 2 ZOL an option for Attorney's Office has reviewed the changes,if applicable. 9t/AP this line. 9. Initials of attorney verifying that the attached document is the version approved by the anagem` `1 is not BCC,all changes directed by the BCC have been made,and the document is ready for t�(SN M an option for Chairman's signature. 5QT(,f this line. IL PROFESSIONAL SERVICES AGREEMENT Contract # 21-7877 for Construction Engineering and Inspection Services for Tiger Grant THIS AGREEMENT is made and entered into this • day of ApY'1 , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Kisinger Campo & Associates, Corp. authorized to do business in the State of Florida, whose business address is 201 N. Franklin Street, Suite 400, Tampa, Florida 33602 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Construction Engineering and Inspection Services for Tiger Grant (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] S Si A 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Paul Wingard, PE, CGC, LEED AP a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(o�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Pave 2 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] ;EAU 1 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] 11 A 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 11 A 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] I1 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] ICAO 11 /4 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: • • • • Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ■ Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. Page 7 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] li A ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 11 A 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 o1'30 PSA_CCNA Single Project Agreement[2022_ver.1] C AO CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] C ii A the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 11 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO It A Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Transportation Engineering Division Division Director: Jay Ahmad Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Michael Tisch, Project Manager Telephone: (239) 252-5839 E-Mail(s): Michael.Tischcolliercountyfl.qov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Kisinqer Campo & Associates, Corp. Address: 13461 Parker Commons Boulevard, Suite 104 Fort Myers, FL 33912 Page 12 o130 PSA_CCNA Single Project Agreement[2022_ver.l] 2 11 A Attention Name & Title: Dewey Martin, SVP / Paul Wingard, PE Telephone: (813) 871-5331 / (239) 278-5999 E-Mail(s): marketinq(a�kcaeng.com / pwingard(a�kcaeng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Grant Certifications and Assurances Solicitation # 21-7877 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 11 A 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CA° ii a ' ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] ******Remainder of page intentionally left blank****** Page 15 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] S i1 A IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K Kinzel, Clerk,of the Circuit Court and Comptroller // e , °1 0)Ai By: BY: ...►- _...._ Date: 'Liam L. McDaniel, Jr., Chairman Attest as ha"i man signature only. pro ed to F r /ndLeaHtY: Co my Attorney Name Consultant: Kisinger Campo & Associates, Corp. Consultant's Witnesses: 6mi:co J By: ✓/' Witness lt("00 � �_. CCIltco j— G. Dewey Martin, III, P.E. /Senior Vice President Name and Title SpecIOV -V- Name and Title %i. ..��� i nes� ��l� - !py . Name and Title Page 16 of 30 PSA_CCNA Single Protect Agreement 12022_ver.I I CA() it A SCHEDULE A SCOPE OF SERVICES 1 14 following this page (pages through ) Page 17 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 Request for Professional Services(RPS)#21-7877 I 1 A "Construction Engineering and Inspection(CEI)Services for Tiger Grant" SCHEDULE A SCOPE OF SERVICES 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 OpportunitiesCounty:Collier Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuantto 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 readyto 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 after final acceptance of the Construction Contract. The anticipated letting schedule and construction times for the Project are tabulated below: Construction Contract Estimate Financial LettingDate Start Date Dura Project (Mo/Day/Yr) (Mo/D tion ID ay/Yr) (Day s) 33563 7/9/24 3/1/22 861 Page 1 of 14 Schedule A—Scope of Services CAC) Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection(CEI)Services for Tiger Grant" 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 andmaterials,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 theperformance 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 providingConstruction 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 asthe 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 designand 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 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. Page 2 of 14 Schedule A—Scope of Services it A Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection(CEI) Services for Tiger Grant" T. Inspector: An authorized representative of the Consultant, assigned to make official inspections of the materialsfurnished 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 TreatmentsAvailable 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": 3/1/2022 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: haps://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 FDOTmanuals,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 Page 3 of 14 Schedule A—Scope of Services it 14 Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection(CEI) Services for Tiger Grant" 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 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 TransportationMaps 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 thisAgreement. 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 Site Manager application through Citrix,Primavera/Sidetrack,Claim Digger Schedule Compare, 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 tofacilitate communication. At times a paperless electronic system may be necessary such as emails, portals, or web site,andat 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/Con struction/DesignBui ld/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 Page 4 of 14 Schedule A—Scope of Services cM 11 A Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection (CEI) Services for Tiger Grant" • Copier rental/lease • Broadband interne 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. 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 Page 5 of 14 Schedule A—Scope of Services C Request for Professional Services(RPS)#21-7877 ' "Construction Engineering and Inspection(CEI) Services for Tiger Grant" 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 fmal 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. 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 ofsignificant 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. Consultantemployees 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. 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 Page 6 of 14 Schedule A—Scope of Services Request for Professional Services(RPS)#21-7877 11 k "Construction Engineering and Inspection(CEI)Services for Tiger Grant" 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 anddistribute 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 formatis 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 ContractAgreement) d)CEI Consultant Fee Proposal e)CEI Consultant Data (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 preventionmeasures associated with the Project. For each Project that requires the use of the NPDES General Permit, provide at leastone 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 phasingand MOT sequences,including all contract modifications.Provide a written review of the schedule identifying Page 7 of 14 Schedule A—Scope of Services CAO it A Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection(CEI)Services for Tiger Grant" 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 processthe 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) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report, in a format to be approvedby the Division. (11) 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. (12) 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 contentto 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 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 onephotographic 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 Page 8 of 14 Schedule A—Scope of Services Request for Professional Services(RPS)#21-7877 I "Construction Engineering and Inspection(CEI) Services for Tiger Grant" 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 removedshall 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 otherrequirements 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 ProfessionalEngineer(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 abilityto 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 CourseCompletion 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 Page 9 of 14 Schedule A—Scope of Services CAC) Request for Professional Services(RPS)#21-7877 1 1 A "Construction Engineering and Inspection(CEI)Services for Tiger Grant" structures with the exception of Complex Category 2(CC2)bridge structures. 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 forprecast 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 CourseCompletion 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 (progress and final estimates,processing Construction Contract changes, etc.)or a Civil Engineering Degree. Should exercise independent judgment in planning work details andmaking 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 Page 10 of 14 Schedule A—Scope of Services 0 Request for Professional Services(RPS)#21-7877 1 1 A "Construction Engineering and Inspection(CEI)Services for Tiger Grant" 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 (progress and final estimates, 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. QUALIFICATIONS: CTQP Final Estimates Level I CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN—High school graduate or equivalent plus four(4) years ofexperience 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 ofthe 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 Drilled Shaft Inspection(required for inspection of all drilled shafts including miscellaneous structures such as signstructures,lighting structures,and traffic signal structures)—As Needed. IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: Page 11 of 14 Schedule A—Scope of Services 0 Request for Professional Services(RPS)#21-7877 ` 1 A "Construction Engineering and Inspection(CEI) Services for Tiger Grant" FDOT Intermediate MOTNuclear Radiation Safety IMSA Traffic Signal Inspector Level I OTHER: Complete the Critical Structures Construction Issues,Self-Study Course,and submit the mandatory Certification of CourseCompletion 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 forcoordinating 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: Must have the following as required by the scope of work of the Project: QUALIFICATIONS: CTQP Concrete Field Inspector Level ICTQP Asphalt Roadway Level I CTQP Earthwork Construction Inspection Level I CTQP Drilled Shaft Inspection(required for inspection of all drilled shafts including miscellaneous structures such as signstructures,lighting structures,and traffic signal structures)—As Needed. IMSA Traffic Signal Inspector Level ICTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOTNuclear 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 CourseCompletion form(for structures projects) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive generalsupervision from the Senior Inspector who reviews work while in progress. 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 (includingtwo(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. Page 12 of 14 Schedule A—Scope of Services Request for Professional Services(RPS)#21-7877 11 A "Construction Engineering and Inspection(CEI) Services for Tiger Grant" 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 clericalexperience. 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 staffmg 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 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 theConsultant 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) Page 13 of 14 Schedule A—Scope of Services C:AO 11 A Request for Professional Services(RPS)#21-7877 "Construction Engineering and Inspection(CEI) Services for Tiger Grant" 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) fullworkdays of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate thatall 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. 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. Page 14 of 14 Schedule A—Scope of Services CAC) It A SCHEDULE B BASIS OF COMPENSATION 1 MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule;however,the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. tasks/,Item Description i Lump Sum Time and Materials Not-To-Exceed 1 Project Management -CEI $ $ 191,064.72 2 Project Coordination & Field Inspection - CEI $ $ 1,688,775.00 $ _ �...$ 3 Reimbursable Expenses- Field Office 66,733.24 $ - $ Page 18 or30 I'SA_CCNA Single I'roject Agreement[2022,ver.l I .°tlt)9 t1 A $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 0 Total Time and Materials Fee $1,946,572.96 GRAND TOTAL FEE $1,946,572.96 B.2.2. 111* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages(basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. Page 19 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] la A 8.2.3. D. Lump Sum Fees: The fccs noted in Section 2.1. shall constitute the lump sum amount to be the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 11 A B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of 30 PSA_CCNA Single Project Agreement[2022_ver.I CAO i ! A SCHEDULE B—ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate CEI - Senior Project Engineer $236.32 CEI - Project Administrator $150.00 CEI - Contract Support Specialist $90.00 CEI - Senior Inspector $100.00 CEI - Inspector $78.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CA O SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item from Date of Notice to Description Proceed 1 Project Management - CEI 861 2 Project Coordination & Field Inspection - CEI 861 Page 23 01'30 PSA_CCNA Single Project Agreement[2022_ver.I] 0 II A SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Page 24 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 11 A purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( • ) are required by this Agreement. 10. 0 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 4-1-- I I a+.n.d 12. ❑ ion-of 13. ■ COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,00C) aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 of 30 PSA_CCNA Single Project Agreement[2022_ver.I I 11 A 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an"Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. ❑ -tae 16. ❑ ...—the T i.n lifiiits of get less than $5, , completion of the Services under this Agreement. 17. ❑■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. ❑ minimum limits of$ Per Occurrence. 19. ❑ CYSER fNSL-fRANOE:-C:everag 4ez-ur-reR€e 2,0,, ❑ I MBREI I A I I A RI I ITV -v-rvrr�r°.rr_cci-rcrrr•vrc�� � . B. The policy shall contain wording to the effect that, in the event of the exhaustion of any et insura nee. 21. 0 PROFESSIONAL LIABILITY/ERRORS & OMISSIONS INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $2,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Page 26 of 30 PSA_CCNA Single Project Agreement[2022_ver 11 ti A Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] i1 A ' SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Kisinger Campo & Associates, Corp. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Construction Engineering and Inspection Services for Tiger Grant "project" is accurate, complete and current as of the time of contracting. BY: G. bewey Martin, III, P.E. TITLE: Senior Vice President DATE: March 22, 2022 I'age 28 of 30 PSA CCNA Single Project Agreement[2022_ver.t I CAt 11 A SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Paul W. Wingard, P.E. CEI - Senior Project Engineer 20% Trey Barclay CEI - Project Administrator 100% Mark Hodges CEI - Senior Inspector 100% Page 29 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 11 A SCHEDULE G • Other: Grant Certifications and Assurances (Description) ❑ following this page (pages through 39 ) ❑ this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] ti a EXHIBIT 1.A 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: EXti 1A—P. 1 EXHIBIT 1.A t I *' 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 Xl. 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; EXti 1A P. 2 EXHIBIT 1.A 1 1 A 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 1.0 Section 37—Immigration Law Affidavit Certification. See Exhibit 1.D Professional Services Agreement, Article 21. EXkI ].A—P.3 ti A EXHIBIT 1.A 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/endangeredwildlifequidelines.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 PREFERENCE 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 V/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. EXH lA—P.4 CAO EXHIBIT 1.A 1 1, A 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 EXIT 1A—P.5 ti A EXHIBIT 1.A 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 EXH 1.A—P. 6 11 A EXHIBIT 1.A 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. EXF l l.A—P.7 EXHIBIT 1.A 11 k 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 EQUIPMENT 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 1.0 -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- EXI-I lA--P.8 ii EXHIBIT 1.A "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. 31. 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. EXI l lA--P.9 11 A EXHIBIT 1.A 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 LXI 1 1A—P, 10 S j t Olk EXHIBIT 1.A 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: LXP i 1A—P. 11 CAO j1 EXHIBIT 1.A (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 1.6 to complete Federal Certifications and Assurances Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions. EXI I lA—P. 12 C EXHIBIT 1.A it A 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 EXH 1A-P. 13 11 EXHIBIT 1.A LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEM12/19 ENT Page 1 of 16 TERMS FOR FEDERAL AID CONTRACTS(APPENDIX I1• 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. XH lA-P. 14 1i A EXHIBIT 1.A LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 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. EXE"I lA-P. 15 EXHIBIT 1.A t 1 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 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. EXI.I l ;-P, 16 CAO it A 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 CAO 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 voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Dewey Martin, PE CEI Services for TIGER IX Grant Name Project Name Senior Vice President 21-7877 Title Project Number Kisinc}er Campo&Associates,Corp. 59-1677145 �.�_......_ Firm Tax ID Number 085089126 DUNS Number 201 N. Franklin Street,Tampa, FL 33602,Suite 400 Street Address,City, State,Li Signature EXH B.1 -P.2 ,CAce KtsiNGER CAmpo CEI Services for TIGER IX Grant 1 RPS No.:21-78771 Tab 5 110 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) i A 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: K inger Ca pS .&Ass dates,Corp. By: Dewey Martin, PE Date: June 22.2021 Title: Senior Vice President Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph 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. I(' ti EXHB,1 -P,3 imikov lei_ , s Kt�ER C TE CEI Services for TIGER IX Grant( RPS Na.,21-7877 Tab. 5 I VI . c C.I A COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source documentation that validates a status. Contractor means an entity that receives a contract. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Kisinger Campo&Associates, Corp. 59-1677145 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y 0 IS THE ACTIVITY OF THIS CONTRACT, MINORITY OR WOMEN BUSINESS ENTERPRISE (DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED DBE. Y © CONSTRUCTION? Y N BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y CONSULTATION? Y N ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WBE? Y © OTHER? O SDB 8A? Y IS THIS SUBMISSION A REVISION? Y (i / IIF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE,MBE,WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT VET,SMB8A NAME SPECIALTY (See Below) DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Dewey Martin, PE June 22, 2021 Senior Vice President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER marketing@kcaeng.com 813.871.5331 813.871.5135 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REO) GRANT PROGRAM/CONTRACT ~ ACCEPTED BY: DATE _ l KISINGER CAMPO CEI Services for TIGER IX Grant I RPS NQ 21-7877 I Tab 5 112 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES coulEp ceiftry G P,,!M 1 CO5PL!..",r4TE r Op,' PID OPPORTUNITY LIST FOR COMMODMES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES tt is the policy of CoNer County,that d,'sadirontaged businesses and minority vendors,as o iiefined in the Code of Federal Regulations KIR)or Florida Statutes(F1;,must ha:ei the ocoortunitv to participate on contracts with federal andior state grant assistance. Prime Contractor/Prime Consultant: Kisinger Campo& Associates, Corp. Address arid Phone Number: 201 N. Franklin Street,Tampa, FL 33602, Suite 400/813.871.5331 Procurement NurnberlAdventiserne.nt Number: 21-7877 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The let must include the farm bidding or quoting as ph me,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,2,3,arid 4;and,should provide any information they have for Numbers 5,6,7,and 3. This form must be submitted with the bid package. 1. Federal Tax ID Number: 59-1677145 6. DBE S. Annual Gross Receipts 2. Firm Name Kisinger Campo&Associates. Coro. Non-DBE —.,-Less than$1 million 3. Phone Number 813.871.5331 Between$1-5 million — 4.Address 201 N. Franklin Street, ,7—Between 5-10million Tampa, FL 33602, Suite 400 7. -1 ' S bcontrac•or Between 510-15 million Subconsurtarit More than$15 million — 5.Year Firm Established 1976 1. Federal Tax ID Number: 59-2984496 6 DBE S. Annual Gross Receipts 2. Firm Name ArCiarnan& Accnritpc, Inc ,.. _, Nan-DBE Less than$1 million 3. Phone Number 239.768.6600 Between$1-3 mn 4. Address qq70 Ravaria Rd Between$5-10 million Ft. Myers. FL 3391 7. Subcontractor Between$10-15 million Subconsultant More than$15 million 5. Year Firm Established: 1989 1. Federal Tax ID Number: 65-0197775 6. DEE S. Annual Gross Receipts 2. Firm Name AIM Engineering&Surveying, Inc. Non-tEE —-Less than 3 1 million 3. Phone Number: 239.332.4569 Between$1-5 million 4.Address 2161 Fowler St. Between$5-10 million — Ft. Myers, FL 33901 7.E Subcontractor —.Between 3 10-15 million Subcornultant More than$15 million — 5. fear Firm Established: 1990 1. Federal Tat ID Number: 6. DBE S. Anna]Gross Receipts 2. Firm Name. Non-DBE Less than$1 million — 3. Phone Number Between$1-5 million 4.Address Between$5-1C million 7. Subcontractor -Between$10-15 million EI Subconsuftant °--More than$15 million —... 5. Year Firm Established.: EXH B.1 -P.5 ID KISINGER CAMPO CEI Services for TIGER IX Grant I RPS No.:21-78771 Tab 5113 . .. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3/5 30 d0 1 A 1 TRUTH IN NEGOTIATION CERTIFICATION PROCUREM05/14 ENT r 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. Kisinger Campo&Associates, Corp. Name of Consultant By: Dewey Martin, F� �. June 22, 2021 Date EXHB.1 -P,6 11) KISINceR C MPo CEI Services for TIGER IX Grant I RPS No,:21-7877 I Tab 5 114 11 A 375-030-50 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION OG`-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./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant VERSIONS TECHNICAL REVIEW COMMITTEE/ DOT TECHNICAL ADVISORS I411711 t 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 CAU EXH B.1 -P.7 VstNo>~a GAMPa CEI Services for TIGER IX Grant(RPS No.:21-7877 I Tab 5115 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-031 1 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS I certify that I have no present conflict of interest on the projects identified below,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest.As set forth in Sections 112.313 and 334.193,Florida Statutes,employees of the Department may not have any interest,financial or otherwise,direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service.These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct,as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective,fair,and impartial decisions,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision. Employees should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information"). I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules goveming or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317,Section 334.193,or Section 838.22,Florida Statutes,and could result in disciplinary action by the Department. Advertisement No./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant N/A Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Technical Review Committee Members: Printed Names Signatures Date N/A N/A N/A EXH B.1 -P.8 KIstNGER CAMPO CEI Services for TIGER IX Grant I RPS No,:21-7877 I Tab 5 116 11 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT oGC-1izD TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Technical Review Committee Members: (Continued) Printed Names Signatures Date DOT Technical Advisors: Printed Names Signatures Date C A tC, EXH B.1 -P.9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT SELECTION COMMITTEE it A 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./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant N/A Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Date: June 22, 2021 Printed Names Signatures N/A N/A EXH B.1 - P. 10 1 -- `/ KISINGER CAMPO CEI Services fair TIGER IX Grant RPS No; 1-7877I Teti 5 I 17 tl A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 ENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOGCEN1/20 SELECTION COMMITTEE Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Printed Names Signatures � EXH B.1 -P. 11 `= i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3 03 A ' CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCO M/20 PUBLIC OFFICERS/EMPLOYEES I certify that I have no present conflict of interest on the projects identified below,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest.As set forth in Sections 112.313 and 334.193, Florida Statutes,public officers or employees of an agency may not have any interest,financial or otherwise,direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in public service.These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater sensitivity to his or her conduct,as well as the public's perception of such conduct. State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective,fair,and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision. Public officers or employees of an agency should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information"). I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317,Section 334.193,or Section 838.22, Florida Statutes,and could result in disciplinary action. Advertisement No./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant N/A Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. (continued on next page) Printed Names Signatures Date N/A N/A N/A EXH B.1 -P. 12 ( MONGER CAMPO CEI Services for TIGER IX Grant[RPS Na 21-7877 I Tab.S 118 I S ASSOCIATES 11 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOGCEM1/20 ENT PUBLIC OFFICERS/EMPLOYEES Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification Printed Names Signatures Date EXH B.1 -P.13 `\ J L STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-03 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREME OGC-1/20 TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS 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): 21 7877 Technical Review/Awards Committee Members: Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date N/A N/A N/A EXH B.1 -P. 14 KcA !SINGER r taca CEt Services for TIGER IX Grant I RPS No 21.7877 Tab S 119 �ks �ct�ar£Ρs ! i A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 ENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROOGCEN1/20 TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-010 1 n CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT oGc-i/za FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel").I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules goveming or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes. Advertisement No./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant N/A Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date N/A N/A N/A EXH B.1-P. 16 K1 +IGER CAMPfJ CEI Services for TIGER ix Grant I RPM No.; 17$77 I Tab 5 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i 1 A 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-1/20 FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date EXH B.1 -P.17 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION 1 RONREM ENT oGc-i/zo FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that 1 will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information"). I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office, I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.. Advertisement No./ Description Financial Project Number(s) Solicitation No 21-7877 CEI Services for TIGER IX Grant N/A Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date Dewey Martin, PE •�-r June 22, 2021 EXH B.1 -P.18 ;"0 .................._._. KCA KIS1NGER CAMPo CEI Services for TIGER IX Grant I RPS No.:21-7877 I Tab 5 121 A CIAr s STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i i A 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS Additional Page Advertisement No./ Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date EXH B.1 -P.19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT QT ON FEDERAL-AID CONTRACTS A (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer 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: Kisinger Campo& Associates, Corp. By: Dewey Martin, PE Date: June 22, 2021 Authorized Signature: Title: Senior Vice President EXH B.1 -P.20 KISINGER cArlpo CEI Services for TIGER IX Grant I RPS No.:21-7877 I Tab 5 122 • As&c zar& 11 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT Is this form applicable to your firm? YES ❑ NO Er If no,then please complete section 4 below for"Prime" 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year: Quarter: e. loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and [' Prime ❑ Subawardee Address of Prime: Tier , if known: Kisinger Campo&Associates, Corp. 201 N. Franklin Street, Suite 400 Tampa. Ft 33602 Congressional District, if known: 4c Congressional District, if known: 6. Federal DepartmenVAgency: 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 b. Individuals Performing Services(including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, Ml): 11. Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered Print Name: Dewey Martin, PE 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 Title: Senior Vice President to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.:813.871.5331 Date (mm/dd/yyyy): June 22, 2021 Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) EXH B.1 -P.21 KISINGER CAMPO CEI Services for TIGER IX Grant I RPS No.:21-7877 I Tab 5 123 it A 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 Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503. EXH B.1 -P.22 LnO II A 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 copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Kisinger Campo&Associates, Corp. Date June 22, 2021 Authorized Signature Address 201 N. Franklin Street, Suite 400,Tampa, FL 33602 Solicitation/Contract#21-7877 EXH 8.1 -P.23 KISINGER C.AMPO „ 4 434941ATCS KCA I CEI Services for TIGER IX Grant I RPS No.:21-7877 I Tab 5 I 24 ADDITIONAL COVERAGES 1 1 A Ref# Description Coverage Code Form No. Edition Date Employee Benefits AGG Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref# Description Coverage Code Form No. Edition Date Rental Reinbursement Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Statutory Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date Underinsured motorist combined single limit UNCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXPO1 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Increased employer's liability INEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. ACO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. PHONE (727)461-6044 FAX (727)442-7695 (A/C,No,Ext): (A/C,No): Pinellas Division E-MAIL vvanwormer@bbpinellas.com ADDRESS: 83 Park Place Blvd,Suite 101 INSURER(S)AFFORDING COVERAGE NAIL# Clearwater FL 33759 INSURER A: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Inc.KCCS,Inc. INSURER C: Travelers Property Casualty Company of America 25674 Campo&Associates.PLLC INSURER D: Travelers Casualty and Surety Company 19038 201 N Franklin St.,Suite 400 INSURER E: Admiral Insurance Company 24856 Tampa FL 33602 INSURER F: COVERAGES CERTIFICATE NUMBER: Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD wVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual Liability MED EXP(Any one person) $ 10,000 A X XCU Included Y 6308254A604 10/01/2021 10/01/2022 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $ 2,000,000 POLICY X PROT LOC 2000 PRODUCTS-COMP/OPAGG $ , OTHER. Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B - OWNED SCHEDULED Y 8105N338364 10/01/2021 10/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS- HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X PIP$10,000 Uninsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C - EXCESS LIAB CLAIMS-MADE Y CUP7J748484 10/01/2021 10/01/2022 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 �/ $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 D OFFICER/MEMBER EXCLUDED'/ N N/A UB7J070308 10/03/2021 10/03/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per CLaim $2,000,000 Archirtects&Engineers Prof Liability E Claims-Made Retro Date 11/02/2014 E000002720508 10/01/2021 10/01/2022 Aggregate $2,000,000 Deductible $ 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#:KCA Project#5202110.00 Job Type:CEI Services for Tiger IX Grant Project,Collier County(Contract#212-7877/County ID#33524)] Certificate holder,Collier County Board of County Commissioners,is an additional insured on a primary non-contributory basis including ongoing and completed operations with respect to general liability,auto liability and umbrella liability if required by written contract.Endorsements available upon request.Waiver of Subrogation applies to general liability and workers compensation&employers liability.Explosion,Collapse&Underground hazard included in CGL. Certificate Holder will be given 30 day notification of cancellation,except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 :_ 7' - `.-.a s � I 4 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I n Additional Named Insureds Other Named Insureds Campo & Associtates LLC Campo & Associtates, PLLC KCCS, Inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC