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Agenda 02/25/2020 Item #16A25 (RPS #19-7570 - Faller Davis and Associates)02/25/2020 EXECUTIVE SUMMARY Recommendation to approve the selection committee’s ranking for Request for Professional Services (“RPS”) No. 19-7570, “ Collier County Traffic Signal Timing & Coordination Project,” and authorize staff to begin contract negotiations wit h the top-ranked firm, Faller Davis and Associates, Inc., for subsequent contract approval by the Board. OBJECTIVE: To obtain professional services to complete the retiming of 37 signalized intersections on Airport Road from Golden Gate Parkway to Pelican Marsh Boulevard/Tiburon Boulevard, on Pine Ridge Road from Goodlette-Frank Road to Logan Boulevard, on Vanderbilt Beach Road from Goodlette-Frank Road to Island Walk Boulevard and on Livingston Road from Pine Ridge Road to Vanderbilt Beach Road, to reduce delay and improve progression on all arterials. CONSIDERATIONS: Optimization of signal timing on County arterials requires intersection traffic counts to be updated at least every five years. When updates are being made, traffic counts, intersection capacity analysis and timing plans must also be developed for proper and effective progression along each corridor. This project will analyze and optimize 37 intersections, along several high traffic volume arterials in the County. Estimated completion time is one year from the issuance of a Notice to Proceed, as seasonal and off-season traffic patterns must be evaluated. On May 15, 2019, the Florida Department of Transportation (“FDOT”) authorized the County to proceed with project 435019-1-38-01, “Airport-Pulling Rd and Pine Ridge Rd Signal Retiming,” pursuant to a Local Agency Program (“LAP”) agreement with the County. The LAP agreement provides for a project cost in the amount of $451,560.00 and specifies a March 31, 2021 completion date. On July 22, 2019, the Procurement Services Division issued a notice for RPS No. 19-7570, Collier County Traffic Signal Timing & Coordination Project. The County notified 19,492 firms, 86 interested companies downloaded the solicitation documents, and staff received four proposals by the August 23, 2019, submission deadline. The County determined that three firms were responsive and responsible. Florida Transportation Engineering, Inc., was deemed nonresponsive/responsible for failure to submit required documents and to adhere to solicitation criteria. The selection committee met on October 14, 2019, and, as described in step 1 of the solicitation documents, scored each of the proposals and shortlisted the following top three firms to move on to step 2, oral presentations: Albeck Gerken, Inc., CALTRAN Engineering Group, Inc., and Faller Davis & Associates, Inc. On October 29, 2019, the selection committee reconvened for the step 2 oral presentations, resulting in the following ranking: Respondents: Company Name City County State Final Ranking Responsive/Responsible Faller Davis & Associates Tampa Hillsborough FL 1 Yes/Yes Albeck Gerken, Inc. Tampa Hillsborough FL 2 Yes/Yes CALTRAN Engineering Group, Inc. Miami Dade FL 3 Yes/Yes Staff recommends that the Board authorize it to enter into contract negotiations with the top ranked firm, Faller Davis & Associates, Inc., and in the event that an agreement cannot be reached with Faller Davis, 16.A.25 Packet Pg. 1587 02/25/2020 that staff continue negotiating with the remainder of the firms in ranked order until a proposed agreement is reached. FISCAL IMPACT: The anticipated cost for the retiming of 37 signalized intersections is $451,560 of which all $451,560.00 is to be reimbursed by FDOT LAP project 435019-1-38-01. The funding source is the Federal Highway Authority (FHWA); whereby, these grant dollars are passed through the Florida Department of Transportation (FDOT) via the Local Area Project (LAP) agreement. Funding is currently available in GMD Grant Fund (711), Project 33589. Retiming the proposed arterials will have to be refined and reevaluated on a yearly basis with increases in vehicle traffic and the anticipated introduction of “Smart Technologies” throughout Collier County. The ongoing maintenance costs for hardware, software, user licenses, technical support, and incidental component replacements during this time period, are expected to have an incremental impact on the operating budget levels, within Transportation Fund (101), of $22,578 annually. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County’s Growth Management objectives and produces no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the selection committee’s ranking for Request for Professional Services (“RPS”) No. 19-7570, “ Collier County Traffic Signal Timing & Coordination Project,” and authorize staff to begin contract negotiations with the top-ranked firm, Faller Davis and Associates, Inc., as set forth above, for subsequent contract approval by the Board. Prepared by: Christopher Ordonez, Project Manager, Associate, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. 19-7570 NORA (PDF) 2. 19-7570 Solicitation (PDF) 3. FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (PDF) 4. Final Ranking (PDF) 16.A.25 Packet Pg. 1588 02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.25 Doc ID: 11359 Item Summary: Recommendation to approve the selection committee’s ranking for Request for Professional Services (“RPS”) No. 19-7570, “ Collier County Traffic Signal Timing & Coordination Project,” and authorize staff to begin contract negotiations with the top-ranked firm, Faller Davis and Associates, Inc., for subsequent contract approval by the Board. Meeting Date: 02/25/2020 Prepared by: Title: – Transportation Engineering Name: Chris Ordonez 01/15/2020 2:44 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 01/15/2020 2:44 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/15/2020 3:40 PM Growth Management Department Christine Arnold Level 1 Reviewer Completed 01/15/2020 3:47 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 01/22/2020 9:48 AM Procurement Services Evelyn Colon Additional Reviewer Completed 01/22/2020 11:19 AM Transportation Engineering Randy Ensell Additional Reviewer Completed 01/22/2020 12:47 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/22/2020 2:58 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/23/2020 1:44 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 01/28/2020 9:41 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/28/2020 1:13 PM Growth Management Department Gene Shue Additional Reviewer Completed 01/29/2020 11:48 AM Growth Management Department Chris Ordonez Deputy Department Head Review Skipped 01/15/2020 2:37 PM Grants Erica Robinson Level 2 Grants Review Completed 01/30/2020 9:59 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/31/2020 12:21 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/06/2020 11:01 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/18/2020 4:33 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/18/2020 4:44 PM 16.A.25 Packet Pg. 1589 02/25/2020 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/19/2020 8:55 AM Grants Therese Stanley Additional Reviewer Completed 02/19/2020 9:56 AM Procurement Services Geoff Thomas Additional Reviewer Completed 02/19/2020 11:03 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/19/2020 11:09 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 16.A.25 Packet Pg. 1590 16.A.25.a Packet Pg. 1591 Attachment: 19-7570 NORA (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR 19-7570 RPS NO.: COLLIER COUNTY TRAFFIC SIGNAL TIMING & COORDINATION EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 evelyn.colon@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. RPS 19-7570, p. 1 of 145 16.A.25.b Packet Pg. 1592 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SOLICITATION PUBLIC NOTICE REQUEST FOR PROFESSINAL SERVICES (RPS) NUMBER: 19-7570 PROJECT TITLE: Collier County Traffic Signal Timing & Coordination RPS OPENING DAY/DATE/TIME: Month XX, XXXX at X:XX A.M. or P.M. PLACE OF RPS OPENING: Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync -cas/ INTRODUCTION As requested by the Transportation Engineering Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P rofessional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scop e of Work stated. The purpose of this Traffic Engineering & Consultant Services contract is to provide the Traffic Operations Department with professional services for conducting traffic signal retiming studies for certain arterial roadways in Collier County. A major objective of this contract is to obtain study results as expeditiously as possible while maintaining a high degree of thoroughness and professionalism. Independent tasks have been identified and deliverables associated with each task have b een specified. BACKGROUND Collier County prefers to have the timing of coordinated arterials evaluated for efficiency about every 5 years. The timing for the 37 intersections within this project has not have been assessed in about 8 – 10 years leaving them long overdue. This project will evaluate the growth Collier County has experienced since then and retime each intersection to improve operation at each intersection a nd reduce delay along each roadway. TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approv al of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK See Exhibit A RESPONSE FORMAT AND SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non-responsive Evaluation Criteria Maximum Points 1.Technical Approach 30 Points 2.Work Experience 20 Points 3.Past Performance 20 Points 4.Specialized Experience 20 Points 5.Current Workload of the Firm 10 Points TOTAL POSSIBLE POINTS 100 Points RPS 19-7570, p. 2 of 145 16.A.25.b Packet Pg. 1593 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ------------------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. To properly fulfill each evaluation criteria, please see below minimum documentation required. 1.Technical Approach: a.Overview of processes, tools, software and methods that will be utilized to complete the project 2.Work Experience: a.Short description of relevant projects within the past three years and performance measures for each project 3.Past Performance: a.Customer evaluations of previous projects that summarize the level of satisfaction of each customer 4.Specialized Experience: a.Resume and capabilities of each staff member that will be working on the project 5.Current Workload of Firm: a.List of current projects at the time of proposal including a description of work load REQUEST FOR PROFESSIONAL SERVICES (RPS) PROCESS 1.1 The selection process will involve a two-step proposal review to minimize Proposers’ costs in preparing initial qualification proposals and expediting the review process. The Proposers will initially submit a qualifications proposal which will be scored based on the scoring criteria in the Scoring Criteria for Development of Shortlist, which will be the basis for short- listing no less than three (3) firms. The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to at least the top three short-listed firms and produce a final ranking for approval by the Board of County Commissioners. Upon approval, the County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components. The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition. 1.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process. 1.3 The intent of the Step 1 scoring of the qualifications proposal is for consultants to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 Based upon a review of these qualification proposals, the short -listed firms will be requested to submit Step 2, to make oral presentations. 1.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 1.6 The intent of the Step 2 oral presentations is to pro vide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.7 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the di scussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated a nd negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RPS 19-7570, p. 3 of 145 16.A.25.b Packet Pg. 1594 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) VENDOR CHECKLIST Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Required Reference Questionnaires have been completed for previous projects and included with the proposal. Any addenda have been signed and included. All grant requirements have been reviewed and forms completed (if applicable). Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). INSTRUCTIONS TO PROPOSERS 2.QUESTIONS 2.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 2.2 Consultants must clearly understand that the only official a nswer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 3.PRE-PROPOSAL CONFERENCE (If Applicable) 3.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questio ns will receive oral responses, neither of which will be official, nor become part of the R PS. Only written responses to written questions will be considered official, and will be included as part of the RPS as an addendum. 3.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 4.COMPLIANCE WITH THE RPS Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 5.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this R PS from the Procurement Services Division. 6.PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 7.DELIVERY OF PROPOSALS 7.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 7.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date RPS 19-7570, p. 4 of 145 16.A.25.b Packet Pg. 1595 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) and/or time indicated. 8.VALIDITY OF PROPOSALS 8.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 9.METHOD OF SOURCE SELECTION 9.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 9.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Commit tee rank order the received proposals. 10.EVALUATION OF PROPOSALS 10.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act (CCNA). 10.2 The County’s procedure for selecting is as follows: 10.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 10.2.2 The Request for Professional Services is issued. 10.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 10.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 10.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 10.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 10.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 10.2.8 Collier County selection committee members may consider all the ma terial submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Colli er County may request, clarification of proposer information, and/or additional credit information. 10.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination on which firms will be invited to give oral presentations by short listing the proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The selection committee may ask for additional information, present materials, i nterview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 10.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 10.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to req uesting supplemental proposal information. 10.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 10.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. RPS 19-7570, p. 5 of 145 16.A.25.b Packet Pg. 1596 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 11.REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 12.RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also , Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one o r more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 13.INSURANCE AND BONDING REQUIREMENTS 13.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 13.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 13.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 13.4 Certificates issued as a result of the award of this solicitation must identify “For any and a ll work performed on behalf of Collier County.” 13.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 13.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 13.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the b elow listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. 13.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 13.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non- renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 13.10 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreemen t or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the Count y to RPS 19-7570, p. 6 of 145 16.A.25.b Packet Pg. 1597 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 13.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of wor k, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 14.ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 15.COUNTY’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each work assignment the Consultant is performing. 16.VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a vendor’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non-responsible and therefore refraining from awarding such work. 17.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 17.1 The selected Consultant shall be required to sign a standard Collier County contract. 17.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 17.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 17.4 The County’s project manager shall coordinate with the Vendor / Contrac tor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 18.PUBLIC RECORDS COMPLIANCE 18.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 18.2 The Contractor must specifically comply with the Florida Public Records Law to: 18.2.1 Keep and maintain public records required by the public agency to perform the service. 18.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 18.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements RPS 19-7570, p. 7 of 145 16.A.25.b Packet Pg. 1598 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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. 18.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 19.WORK ORDERS ON FIXED TERM CONTRACTS 19.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 19.2 Work issued that is determined to be against a “CONTINUING CONTRACTS” shall not exceed $200,000. 19.3 Work in excess of $200,000 shall be performed under a “PROJECT SPECIFIC CONTRACT” and approved by the Board of County Commissioners. 19.4 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 20.PAYMENT METHOD 20.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 20.1.1 Purchase Order Number 20.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 20.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agre ement. 20.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off - set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 20.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 21.ENVIRONMENTAL HEALTH AND SAFETY 21.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 21.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or RPS 19-7570, p. 8 of 145 16.A.25.b Packet Pg. 1599 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) right-of-way for the purpose of inspection of any Consultant’s work operations. This provi sion is non-negotiable by any department and/or Consultant. 21.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 21.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 22.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 23.LICENSES 23.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submi t the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. 23.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 23.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 24.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 25.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 26.RELATION OF COUNTY It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of th e County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 27.TERMINATION Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non -performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 28.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. RPS 19-7570, p. 9 of 145 16.A.25.b Packet Pg. 1600 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 29.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 30.SINGLE PROPOSAL Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 31.PROTEST PROCEDURES 31.1 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in ac cordance with the County’s current Procurement Ordinance and policies. 31.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 31.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructi ons as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 32.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact busines s with any public entity in excess of the threshold amount provided in s. 28 7.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 33.SECURITY AND BACKGROUND CHECKS 33.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 33.2 All of Contractor’s employees and subcontractors must wear Collier County Gover nment Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time peri od in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 33.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 33.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 34.CONFLICT OF INTEREST Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS document. Disclosure of RPS 19-7570, p. 10 of 145 16.A.25.b Packet Pg. 1601 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a fir m from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 35.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 36.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 36.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 36.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification require ments. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RPS) and construction services. 36.3 Exceptions to the program: 36.3.1 Commodity based procurement where no services are provided. 36.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 36.4 Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Serv ices Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. 36.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 36.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. 36.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located a t 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification: I certify that I am in agreement, to the best of my knowledge, with the Request for Professional Services Process above. RPS 19-7570, p. 11 of 145 16.A.25.b Packet Pg. 1602 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) EXHIBIT A SCOPE OF SERVICES TRAFFIC ENGINEERING & CONSULTANT SERVICES COLLIER COUNTY TRAFFIC OPERATIONS TRAFFIC SIGNAL TIMING & COORDINATION RPS 19-7570, p. 12 of 145 16.A.25.b Packet Pg. 1603 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) EXHIBIT A SCOPE OF SERVICES TRAFFIC SIGNAL TIMING & COORDINATION CONTENTS: I.GENERAL REQUIREMENTS A.Introduction & Definition of Terms ..........................................................................3 B.Executive Summary ...............................................................................................3 C.Sealing of Reports .................................................................................................3 D.Data Files ..............................................................................................................3 II.INDEX OF STUDY A.Project Inventory ....................................................................................................4 1.Pine Ridge Road ..............................................................................................4 2.Airport Road .....................................................................................................4 3.Vanderbilt Beach Road ....................................................................................5 4.Livingston Road ...............................................................................................5 III.DESCRIPTION OF STUDY A.Study Type: System Analysis .................................................................................5 IV.DESCRIPTION OF TASKS AND DELIVERABLES A.Data Collection (“Part A”) ......................................................................................5 Task 1: Approach Counts - Seven (7) Day ..................................................5 Task 2: Turning Movement Counts - Three (3) Day .....................................6 Task 3: Field Inventory ................................................................................7 B.Analysis (“Part B”) .................................................................................................8 Task 4: Intersection Analysis .......................................................................8 Task 5: Arterial Analysis ..............................................................................8 Task 6: Controller Timings ...........................................................................9 C.Implementation and Evaluation (“Part C”) .............................................................10 Task 7: Timing Implementation and Fine Tuning .........................................10 Task 8: Intersection Evaluation ....................................................................12 Task 9: System Evaluation ..........................................................................13 Task 10: Final Report ....................................................................................14 RPS 19-7570, p. 13 of 145 16.A.25.b Packet Pg. 1604 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) GENERAL REQUIREMENTS A. Introduction and Definition of Terms The purpose of this Traffic Engineering & Consultant Services contract is to provide the Traffic Operations Department with professional services for conducting traffic signal retiming studies for certain arterial roadways in Collier County. A major objective of this contract is to obtain study results as expeditiously as possible while maintaining a high degree of thoroughness and professionalism. Independent tasks have been identified and deliverables associated with each task have been specified. For the purpose of this contract, the following definitions apply: •A traffic control timing pattern is a set of cycle lengths, splits, and offsets for an arterial system. •An arterial is a group of signalized intersections which are coordinated to provide progression of traffic flow along the arterial. •A section is any portion of a traffic control system which can be controlled by a single set of timing parameters. B. Executive Summary The deliverable for each project task shall be accompanied by an executive summary providing a general overview of the contents of the report and general comments about the location, purpose, findings, conclusions and recommendations. C. Sealing of Reports All study reports and copies submitted to Collier County Traffic Operations shall be signed and sealed by a Florida Registered Professional Engineer. D. Data Files The CONSULTANT shall submit all input data electronically with a summary of the data files in dicating the program, intersection and arterial names. The electronic files shall be submitted in a program approved by Collier County Traffic Operations. The CONSULTANT shall also submit paper copies of all count data. RPS 19-7570, p. 14 of 145 16.A.25.b Packet Pg. 1605 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) INDEX OF STUDY A.Project Inventory - There are thirty-seven (37) intersections included on this Scope for study and retiming: 1.Pine Ridge Road Pine Ridge Rd at Logan Blvd Control Section 104 Pine Ridge Rd at Vineyards Blvd Pine Ridge Rd at Napa Blvd Pine Ridge Rd at I-75 (East & West)** Pine Ridge Rd at Whippoorwill Ln Pine Ridge Rd at Livingston Rd* Pine Ridge Rd at Kensington Park Blvd/Osceola Trail Pine Ridge Rd at Carillon Plaza/YMCA Pine Ridge Rd at Airport Rd* Pine Ridge Rd at Pine Ridge Crossing Pine Ridge Rd at Naples Blvd Pine Ridge Rd at Forest Lakes/Shirly St** Pine Ridge Rd at Pine Ridge Middle School Pine Ridge Rd at Goodlette-Frank Rd 2.Airport Road Airport Rd at Golden Gate Pkwy Control Section 103 Airport Rd at Estuary Dr Airport Rd at Poinciana Elementary School Airport Rd at Grey Oaks Blvd/Poinciana Dr Airport Rd at Europa Dr/Pinewoods Cir Airport Rd at Clubhouse Dr/Rustic Oaks Cir Airport Rd at Carillon Plaza/Pine Ridge Crossing Airport Rd at Pine Ridge Rd* Airport Rd at Cougar Dr Airport Rd at Naples Blvd/Ardesia Ln Airport Rd at J & C Blvd/Fountainview Dr Airport Rd at Orange Blossom Dr Airport Rd at Emerald Lakes Blvd/Old Groves Rd Airport Rd at Vanderbilt Beach Rd* Airport Rd at Pelican Marsh Blvd/Tiburon Blvd E RPS 19-7570, p. 15 of 145 16.A.25.b Packet Pg. 1606 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 3.Vanderbilt Beach Rd Vanderbilt Beach Rd at Island Walk Blvd Control Section 102 Vanderbilt Beach Rd at Logan Blvd Vanderbilt Beach Rd at Vineyards Blvd Vanderbilt Beach Rd at Oaks Blvd Vanderbilt Beach Rd at Village Walk Dr/Willshire Lakes Blvd Vanderbilt Beach Rd at Livingston Rd* Vanderbilt Beach Rd at Airport Rd* Vanderbilt Beach Rd at Goodlette-Frank Rd 4.Livingston Road Livingston Rd at Pine Ridge Rd* Control Section 101 Livingston Rd at Osceola Trail/Sabal Ridge Way Livingston Rd at Orange Blossom Dr Livingston Rd at Vanderbilt Beach Rd* *CONSULTANT shall implement cross coordination where two arterials meet. **The CONSULTANT shall consider this as two intersections when collecting counts but should note that both intersections are controlled by one controller unit. DESCRIPTION OF STUDY A. Study Type: System Analysis This study involves the analysis of two or more signalized intersections in a system in order to develop In-Season and Off-Season signal timing plans to provide coordination and minimize vehicle delay. DESCRIPTION OF TASKS AND DELIVERABLES This section describes the work required in each task and the task product(s). All Data Collection (Part A) tasks and Analysis (Part B) tasks required for a location listed in the authorization shall be submitted to Collier County Traffic Operations for review and approval. Each deliverable shall be covered by an executive summary of the contents of the deliverable, as described in General Requirements, Section B. A. Data Collection (“Part A”) Task 1 (FDOT Work Type 6.1: Traffic Engineering Study, Major): Approach Counts - Seven (7) Day The CONSULTANT shall collect approach counts for a period of at least seven (7) consecutive days for each direction of travel. Count data shall be recorded by automatic devices furnished by the CONSULTANT. The seven (7) approach counts will be used to determine the operating time periods for each timing pattern developed for each arterial. The CONSULTANT shall determine the RPS 19-7570, p. 16 of 145 16.A.25.b Packet Pg. 1607 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) locations for machine counts, subject to the approval of Collier County Traffic Operations. The counts shall be taken on a regular week with no holidays. Counts shall not be taken at the selected locations during construction or when a detour route is in place through the location. Counts shall not be taken during any break for schools in the area. A seasonal adjustment factor provided by Collier County Traffic Operations shall be required to develop In-Season and Off-Season counts. Task Product The CONSULTANT shall submit approach counts for sections in the study in tabular form, broken down into direction of travel, days and hours in 15 minute increments, and hourly totals (one page per 24 hour period, originating at 12:00 a.m. on each study day). Microsoft Excel shall be used to submit graphed counts, showing timing pattern intervals per section. The format for the tables and graphs shall be approved by Collier County Traffic Operations. The count information and graphs shall be submitted electronically along with two (2) signed and sealed paper copies of the count information. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, feedback and final approval of approach count locations and deliverable data. Task 2 (FDOT Work Type 6.1: Traffic Engineering Study, Major): Turning Movement Counts - Three (3) Day The CONSULTANT shall collect and summarize eight (8) hours of fifteen-minute turning movement counts for In-Season traffic in the month of January and Off-Season in the month of May at the intersections listed in the authorization, using the procedures contained in the Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS), Chapter IV, "Summary of Vehicle Movements". The counts shall be conducted during the highest eight hours of the day as determined by average approach counts in Deliverable 1, and include the AM peak, PM peak, Mid- day peak and Off-peak periods. The specific time frame for each period shall be determined by the CONSULTANT and approved by Collier County Traffic Operations. The counts shall include trucks. One (1) day of turning-movement counts shall be made on a typical Tuesday, Wednesday, or Thursday. One (1) day of turning movement counts shall be made on a normal Saturday. One (1) day of turning movement counts shall be made on a normal Sunday. Near schools and at all school crossings, the CONSULTANT shall ensure counts are made when school traffic is entering and exiting the campus. Similarly, near significant traffic generators such as churches, warehouses, malls, etc. the CONSULTANT shall ensure counts are taken during entering and exiting hours. Counts shall not be conducted on non-school day, holiday or during special events. A seasonal adjustment factor approved by Collier County Traffic Operations may be required. Pedestrian volume counts shall be included in this task. The pedestrian volume counts shall be done in accordance with Chapter IX, Pedestrian Volume Count of the MUTS. Pedestrian counts may be included on the turning movement count summary. RPS 19-7570, p. 17 of 145 16.A.25.b Packet Pg. 1608 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Task Product The CONSULTANT shall submit turning movement counts in tabular form, broken down by approach with each turning movement separated. The tables shall show the eight hours of data collection divided into 15 minute increments and one hour totals. The format for the count data shall be approved by Collier County Traffic Operations. Turning movement count information shall be submitted electronically along with two (2) signed and sealed paper copies of count information. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and final approval of time periods for turning movement counts and pedestrian counts. Task 3 (FDOT Work Type 6.1: Traffic Engineering Study, Major): Field Inventory The CONSULTANT shall prepare an inventory of the following traffic signal control devices and field characteristics at all locations listed in the Task Work Order. The inventory shall consist of the following: a)A condition diagram showing: •Number of lanes at each approach and their usage •Length of turn lanes •Pedestrian crossing distances •Vehicle crossing distances •School Zones •Posted speed limit for each approach •Any other features the Engineer considers appropriate b)A straight line diagram showing the distance between intersections c)Existing signal and pedestrian phasing If no speed limit is posted for an approach, the CONNSULTANT shall come up with a speed limit appropriate for the traffic characteristics of the approach based on engineering judgment. The CONSULTANT shall obtain approval of these speed limits from Collier County Traffic Operations before used in the calculations for yellow and all red intervals. The CONSULTANT shall develop a reporting format for this inventory tha t shall be approved by Collier County Traffic Operations. RPS 19-7570, p. 18 of 145 16.A.25.b Packet Pg. 1609 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) The CONSULTANT shall contact Collier County Traffic Operations for information and to make arrangements for access to all equipment cabinets. Task Product The CONSULTANT shall submit three (3) paper copies of the field inventory diagram for each location. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the inventory procedure and forms. B. Analysis (“Part B”) Task 4 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Intersection Analysis The CONSULTANT shall use the latest Collier County approved version of SYNCHRO to run the existing conditions. Note: The SYNCHRO run of the existing conditions must be an accurate representation of the existing conditions. Synchro output shall be calibrated to verify that the SYNCHRO run is an accurate reflection of the existing conditions. The results of the SYNCHRO analysis shall be submitted to Collier County Traffic Operations for review and approval. Task Product The CONSULTANT shall submit both draft and final SYNCHRO files of the existing conditions electronically. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the intersection analysis. RPS 19-7570, p. 19 of 145 16.A.25.b Packet Pg. 1610 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Task 5 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Arterial Analysis The latest Collier County approved version of SYNCHRO shall be used to determine the optimal phasing, cycle length and splits. Engineering judgment should always be used in correlation with the software. SYNCHRO analysis shall be used with the following restrictions: •The CONSULTANT shall determine minimum and maximum cycle lengths and increments between cycle lengths to be analyzed and approved by Collier County Traffic Operations. •Average free speed or travel time shall be recommended by the CONSULTANT and approved by Collier County Traffic Operations prior to analysis. TS/PP-Draft (Time-Space/Platoon Progression Diagram Generator) shall be used by the CONSULTANT to refine the offsets from the time-space diagrams generated by SYNCHRO. The bandwidths, speeds, direction of travel, intersection names and offsets shall be shown on each time-space diagram developed in TS/PP-Draft. The offset reference points must be verified through Collier County Traffic Operations before input into Tru-Traffic. The CONSULTANT shall develop a minimum of three (3) In-Season and three (3) Off-Season timing plans, each plan to include Weekday, Saturday and Sunday patterns. Traffic control timing patterns for each section listed in the “Index of Study” shall include AM Peak, Midday Peak, PM Peak and Off Peak patterns. The plots of the volume summary information gathered in Task 1 shall be used to graphically indicate the time of day operation for each pattern in a section. The results of the SYCHRO analysis and TS/PP-Draft time-space diagrams shall be submitted to the Collier County Traffic Operations as a draft timing report for review and approval. The draft timing report shall contain the following for each system: •Each system's time of day operation data. •A line sketch showing lane configurations with storage lane lengths, phase numbering and speed limits at each intersection. •Line sketch showing peak hour volume (AM, Noon and PM) information at each intersection. •Controller parameter data. •Coordination parameter data including splits and offsets for each developed pattern. •The offset reference point. •The time space diagrams of all final patterns developed. Task Product The CONSULTANT shall submit the draft and final SYNCHRO and Tru-Traffic runs electronically using the most current version. The CONSULTANT shall also provide three (3) paper copies of the final Tru-Traffic runs for each of the timing patterns. RPS 19-7570, p. 20 of 145 16.A.25.b Packet Pg. 1611 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of analyses. Task 6 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Development of Controller Timings The CONSULTANT shall develop and furnish three (3) paper copies of the final controller timings for all of the intersections listed in the authorization. The CONSULTANT shall also submit this information electronically. Amber and pedestrian clearance intervals shall be derived by use of the ITE methodology. Timing parameters shall be developed per phase for actuated signals as follows: •Minimum Green (Initial) •Extension Interval •Max I •Yellow Clearance (not less than 4.0 seconds) •Red Clearance •Pedestrian Walk (if applicable) •Pedestrian Clearance (if applicable) •Time of Day pattern •Alternate Sequencing (i.e. Lead-Lag) by Time of Day (If applicable) •Splits •Offsets (referenced to beginning of first coordinated phase green) •Cycle Lengths Task Product The CONSULTANT shall submit coordination settings that can be implemented on Collier County’s existing signal system. The CONSULTANT shall also submit controller timings that can be implemented on the existing signal system. Three (3) paper copies of controller timings, signed and sealed by a Professional Engineer, shall be furnished on a timing sheet approved by Collier County Traffic Operations. An electronic submittal of this deliverable is also required including all Syncro & Tru-Traffic files. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review and approval of the recommended coordination settings and timings. RPS 19-7570, p. 21 of 145 16.A.25.b Packet Pg. 1612 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) C. Implementation and Evaluation (“Part C”) Task 7 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Timing Implementation and Fine Tuning All work under this Task shall be coordinated with all agencies. The CONSULTANT shall notify all affected agencies 48 hours prior to implementing any timing changes. All timings entered must be reviewed in the field immediately after implementation. If equipment at an intersection is not functioning properly and is prohibiting the CONSULTANT from implementing the proposed timings, the CONSULTANT shall assist the maintaining agency in determining the problem. If the problem is determined to be the result of modifications made by the CONSULTANT, the CONSULTANT will be billed and will reimburse the maintaining agency for the repairs completed. The maintaining agency will be responsible for any repairs to the equipment which must be made to implement the timings. The CONSULTANT shall enter the approved intersection timings, coordination parameters and time-of-day/day-of-week schedules for the time based coordination into the local controller at each location. All system/intersection timing parameters shall also be loaded on to the central computer. The system parameters are not required to be programmed for intersections identified to operate isolated. The CONSULTANT is responsible for conforming to the rules and guidelines set forth by the appropriate maintaining agency in accessing and programming the central computers and local signal controllers. It is the responsibility of the Consultant to ensure that all vehicular and pedestrian signal phases are operating as designed. After implementing the timings, the CONSULTANT shall review the time-of-day and day-of-week timing pattern data and fine-tune this data as required. This evaluation shall be in four stages. Initial field verification shall be conducted immediately after timing plan implementation. The CONSULTANT shall review the operation of the timing plans in the field to verify the correct cycle lengths, splits, and offsets are being implemented by the system and no major timing errors are apparent. This will consist of field observations of controller operation, travel time runs to check offsets and side street/left-turn split performance. The second stage shall include a detailed on-street review of the operation of all timing plans at each intersection to determine the locations at which fine tuning is required due to excessive queues or vehicle delays. Also, the CONSULTANT shall conduct a review of arterial progression using the floating car method for each time-of-day pattern in the system. As many runs in each direction shall be performed for each pattern and the offsets adjusted as necessary. This process should be repeated until the CONSULTANT has fine-tuned the system to his or her satisfaction. The fine tuning of isolated intersections shall include observation of signal operation at the peak and off peak times of an average week day as well as Saturday and Sunday. All necessary fine RPS 19-7570, p. 22 of 145 16.A.25.b Packet Pg. 1613 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) tuning adjustments shall be made to the timing parameters for the most efficient operation of the signal. Once the CONSULTANT has completed this stage of fine-tuning; the CONSULTANT shall notify the Department and the appropriate maintaining agency for agency review. The CONSULTANT shall accompany the Department during this review of the timing patterns. For this review, the CONSULTANT shall provide the Department with copies of the updated timing report and updated Tru-Traffic files after the fine tuning adjustments. For isolated intersections, the CONSULTANT shall provide the Department the updated timing plan of the intersection where adjustments to the timing parameters have been made as a result of CONSULTANT fine tuning. The Department reserves the right to require adjustments be made due to conditions viewed in the field. The third stage will be conducted after the Department’s review. The CONSULTANT shall monitor the operation of the timings for a minimum of 30 days and make any adjustments which are necessary as the result of public complaint calls logged by either the Department or the respective maintaining agencies. The third part of fine-tuning shall be known as the public monitoring period. The fourth stage shall involve the process of updating the Timing Report, SYNCHRO/SimTraffic files and Tru-Traffic files with the changes made during the first three stages of the fine tuning process. The central computer and on-street masters shall be updated with all the changes made during the fine tuning process. Task Product Upon approval of implementation and fine-tuning of the timing plans, the CONSULTANT shall provide one (1) signed and sealed copy of the Final Timing Report to Collier County Traffic Operations and an electronic submittal of the final timings. This will include updated SYNCHRO, Tru-Traffic, updated timings in Microsoft Excel and the Signed and Sealed Timing Report in PDF format. Collier County Traffic Operations responsibility during this task •Collier County Traffic Operations shall arrange for access to the central computers and controller cabinets for the CONSULTANT. •The Collier County Traffic Operations shall participate in the review and provide comments. Task 8 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Intersection Evaluation This task includes an evaluation of the SYNCHRO analysis. The traffic volumes, delay, queue lengths etc. are used to determine if signal phase modifications or geometric improvements are needed at the intersections listed in the authorization. RPS 19-7570, p. 23 of 145 16.A.25.b Packet Pg. 1614 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) The CONSULTANT will be responsible for compiling these recommendations into a report which will be used as a basis for the recommended improvements or modifications. The CONSULTANT shall submit a copy of the preliminary Intersection Evaluation report to the Department for review and comments. The CONSULTANT shall then submit one (1) copy of the final Intersection Evaluation report to Collier County Traffic Operations. Task Product One (1) copy of the Intersection Evaluation Report. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, comments and approval of the Intersection Evaluation Report. Task 9 (FDOT Work Type 6.2: Traffic Signal Timing, Major): System Evaluation This task includes conducting before and after travel time and delay studies on each arterial listed in the authorization. The before studies shall be conducted by the CONSULTANT prior to the implementation of the timings developed in Task 8. The after studies shall be conducted after the implementation, fine tuning and Department approval of the implemented timings. The Department representatives may also join with the CONSULTANT for the Before and After travel time and delay runs. At least one week prior to the runs, the CONSULTANT shall inform the Department, the day(s) of conducting the runs for the System. The CONSULTANT shall obtain Department approval for the directions, extent and routes of the runs before conducting the runs. The CONSULTANT shall provide the Department with a copy of the Tru-Traffic file(s) of the runs at the end of each day. Before the After studies are conducted, the CONSULTANT shall query all control equipment to assure that the timings in the equipment are consistent with those implemented. The travel time runs for each direction shall be made for three time periods as follows: 1) 7 AM to 9 AM; 2) 11:30 to 1:30 PM; 3) 4 PM to 6 PM. or as directed by the Department. Six (6) runs shall be made for each time period for each direction. The travel time runs may be made on a normal Tuesday, Wednesday or Thursday (but not a holiday). The before and after runs shall be made in similar weather conditions. The dates for travel time studies shall be approved in advance by the DEPARTMENT. A beginning control point shall be established upstream at a distance behind the queue for each direction of run. The CONSULTANT shall distribute the runs over the signal cycle duration to obtain a true picture of the improvements. RPS 19-7570, p. 24 of 145 16.A.25.b Packet Pg. 1615 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) The CONSULTANT shall provide and use Tru-Traffic computer program or other approved devices and programs for the before and after studies. The before and after study report shall contain the following information for each arterial. •Average before and after travel time •Average before and after travel speed •Average before and after running speed •Average before and after running time •Average before and after number of stops •Average before and after delay times •Average before and after stopped delay This information shall be presented in a tabular form with written documentation summarizing improvements of the after conditions. The CONSULTANT shall submit electronically and in paper form of the preliminary before and after report to the DEPARTMENT for review and comments. Upon approval by Collier County Traffic Operations, the CONSULTANT shall then submit this information electronically and submit one (1) copy of the final before and after report to Collier County Traffic Operations. Task Product The CONSULTANT shall provide one (1) paper copy and an electronic submittal of the report. This shall include final before and after Tru-Traffic files. Collier County Traffic Operations responsibility during this task Collier County Traffic Operations shall provide prompt review, comments and approval of the before and after study report. Task 10 (FDOT Work Type 6.2: Traffic Signal Timing, Major): Final Report The CONSULTANT shall put together a final signed and sealed report with an Executive Summary to include all work performed for the work assignment. The report shall include an Executive Summary providing overview of study and the final recommendations. The Final Report shall include a comparison of SYNCHRO analysis results of the before and after timing implementation conditions. RPS 19-7570, p. 25 of 145 16.A.25.b Packet Pg. 1616 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Task Name Planned Start Date Planned End Date Duation (Days)Draft Scope of Services for RFP (COMPLETE) 12/1/2018 1/1/201931Submit Scope to Purchasing, Draft RFP (COMPLETE) 1/1/2019 6/1/2019151Advertise RFP for consultant selection 7/1/2019 7/24/201923Convene required pre‐proposal meeting for interested vendors (not yet scheduled) 7/1/2019 7/24/201923Review proposals 7/29/2019 8/9/201911Convene selection committee; rank proposals; select consultant (not yet scheduled) 8/12/2019 8/16/20194Negotiate consultant’s contract 8/19/2019 8/30/201911Request BCC approval of award of contract 9/2/2019 9/24/201922Issue Notice to Proceed to selected consultant 9/30/2019 1/4/202096Consultant Task 1 ‐ Approach Counts 1/5/2020 2/29/202055Consultant Task 2 ‐ Turning Movement Counts 1/5/2020 2/29/202055Consultant Task 3 ‐ Field Inventory 1/5/2020 3/31/202086Consultant Task 4 ‐ Intersection Analysis2/1/2020 3/10/202038Consultant Task 5 ‐ Arterial Analysis 4/1/2020 5/31/202060Consultant Task 6 ‐ Development of Controller Timings 6/1/2020 7/15/202044Consultant Task 7 ‐ Implementation and fine‐tuning of controller timings 8/1/2020 11/30/2020121Consultant Task 8 ‐ Intersection Evaluation 12/1/2020 1/31/202161Consultant Task 9 ‐ System Evaluation 12/1/2020 1/31/202161Consultant Task 10 ‐ Final Report 2/1/2021 2/14/202113Project review and close out 2/15/2021 3/31/202144Arterial Coordination435019‐1 ATMS (Retiming Projects of Arterials)RPS 19-7570, p. 26 of 14516.A.25.bPacket Pg. 1617Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and ope nly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this solicitation, please indicate the reason(s) by checking the item(s) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112. We are not responding to the solicitation for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ RPS 19-7570, p. 27 of 145 16.A.25.b Packet Pg. 1618 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ RPS 19-7570, p. 28 of 145 16.A.25.b Packet Pg. 1619 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1.All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2.Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby di scloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, o rganizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________ Signature and Date: _________________________________________________________________ Print Name: _______________________________________________________________________ Title of Signatory: __________________________________________________________________ RPS 19-7570, p. 29 of 145 16.A.25.b Packet Pg. 1620 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County docu ment for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on thi s _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Signature by: (Typed and written) Title: RPS 19-7570, p. 30 of 145 16.A.25.b Packet Pg. 1621 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: RPS 19-7570, p. 31 of 145 16.A.25.b Packet Pg. 1622 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigrati on and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for uni lateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time o f submission of the Vendor’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RPS 19-7570, p. 32 of 145 16.A.25.b Packet Pg. 1623 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance wi th the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in wr iting of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1.General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ Email_____________________ Order Information (Must be filled out) Address ___________________________________ Remit / Payment Information (Must be filled out) Address ____________________________________________ City __________ State ________ Zip ___________ City _____________State _________ Zip______________ Email ____________________________________ Email _____________________________________________ 2.Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3.Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4.Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date ______________________________ Title _______________________________________________________________ Phone Number ________________________ RPS 19-7570, p. 33 of 145 16.A.25.b Packet Pg. 1624 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsa tisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the it em or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS RPS 19-7570, p. 34 of 145 16.A.25.b Packet Pg. 1625 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 1.PURCHASE ORDER TERMS AND CONDITIONS 1.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 1.2 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDO R. 1.3 Inspection 1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 1.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 1.4 Shipping and Invoices 1.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of del ivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 1.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 1.4.4 d) All invoices must contain the Purchase Order number and any other sp ecific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 1.5 Time Is Of the Essence Time for delivery of goods or performance of services unde r this Purchase Order is of the essence. RPS 19-7570, p. 35 of 145 16.A.25.b Packet Pg. 1626 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance wit h all specifications. 1.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 1.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 1.8 Statutory Conformity 1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 1.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 1.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limite d to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 1.11 Warranty of Non-Infringement 1.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 1.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 1.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) ha s occurred, or is likely to RPS 19-7570, p. 36 of 145 16.A.25.b Packet Pg. 1627 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 1.12 Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 1.13 Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 1.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 1.15 Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 1.16 Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 1.17 Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 1.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 1.19 General RPS 19-7570, p. 37 of 145 16.A.25.b Packet Pg. 1628 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 1.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 1.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. RPS 19-7570, p. 38 of 145 16.A.25.b Packet Pg. 1629 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1.Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2.Employer’s Liability $___1,000,000__ single limit per occurrence 3.Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $____1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4.Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5.Automobile Liability $_1,000,000___ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___1,000,000_____ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence RPS 19-7570, p. 39 of 145 16.A.25.b Packet Pg. 1630 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7.Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8.Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9.Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10.Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11.The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12.On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13.Thirty (30) Days Cancellation Notice required. 14.Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. 1/24/19 - CC ______________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. RPS 19-7570, p. 40 of 145 16.A.25.b Packet Pg. 1631 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Name of Firm _______________________________________ Date ____________________________ Vendor Signature _____________________________________________________________________________ Print Name _____________________________________________________________________________ Insurance Agency _____________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ RPS 19-7570, p. 41 of 145 16.A.25.b Packet Pg. 1632 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 1 of 32 PSA Single Project Agreement 2017.010 Ver.1 PROFESSIONAL SERVICES AGREEMENT Contract # for “” CCNA NON-CCNA . THIS AGREEMENT is made and entered into this day of , 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the “COUNTY ”) and , authorized to do business in the State of Florida, whose business address is (hereinafter referred to as the "CONSULTANT" and/or “CONTRACTOR”). W I T N E S S E T H: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other RPS 19-7570, p. 42 of 145 16.A.25.b Packet Pg. 1633 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 2 of 32 PSA Single Project Agreement 2017.010 Ver.1 governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates 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 Coo rdinator 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 subconsultant s 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 personn el 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: RPS 19-7570, p. 43 of 145 16.A.25.b Packet Pg. 1634 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 3 of 32 PSA Single Project Agreement 2017.010 Ver.1 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and f ollowing 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 pu blic 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 confidentia l 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 an d 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 notif ication 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 RPS 19-7570, p. 44 of 145 16.A.25.b Packet Pg. 1635 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 4 of 32 PSA Single Project Agreement 2017.010 Ver.1 CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT’s non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non -public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordina te 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: RPS 19-7570, p. 45 of 145 16.A.25.b Packet Pg. 1636 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 5 of 32 PSA Single Project Agreement 2017.010 Ver.1 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants f or other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authorit y 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 instru ctions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: RPS 19-7570, p. 46 of 145 16.A.25.b Packet Pg. 1637 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.1 a.The scope of services to be provided and performed by the CONSULTANT hereunder; b.The time the CONSULTANT is obligated to commence and complete all such services; or c.The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a.Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b.Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c.Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d.Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e.Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with t he 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 specifi c 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 RPS 19-7570, p. 47 of 145 16.A.25.b Packet Pg. 1638 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 cal endar days, CONSULTANT’s compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY’s Project Manager before payment for the fixed price contract is authorized. 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, o r 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 RPS 19-7570, p. 48 of 145 16.A.25.b Packet Pg. 1639 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 8 of 32 PSA Single Project Agreement 2017.010 Ver.1 B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY’s use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY’s use of the Project Documents to complete the Project following CONSULTANT’s termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agree ment 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 a ll such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce RPS 19-7570, p. 49 of 145 16.A.25.b Packet Pg. 1640 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.1 any other rights or remedies which otherwise may be available to an inde mnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT’s obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests’ provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self - insurance program carried by the COUNTY applicable to this Project, and the “Other Insurance” provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. RPS 19-7570, p. 50 of 145 16.A.25.b Packet Pg. 1641 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 personne l, identified in Schedule F shall not be removed or replaced without the COUNTY’s prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultan t 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 RPS 19-7570, p. 51 of 145 16.A.25.b Packet Pg. 1642 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 11 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 acceptan ce 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 CONSULTA NT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CO NSULTANT 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. RPS 19-7570, p. 52 of 145 16.A.25.b Packet Pg. 1643 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.1 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. CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT’s services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. RPS 19-7570, p. 53 of 145 16.A.25.b Packet Pg. 1644 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 13 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 Director: _____________________________________________ Division Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Administrative Agent/PM: _____________________________________________ Telephone: _____________________________________________ E-Mail(s): _____________________________________________ 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: _____________________________________________ Address: _____________________________________________ _____________________________________________ Authorized Agent: _____________________________________________ Attention Name & Title: _____________________________________________ Telephone: _____________________________________________ E-Mail(s): _____________________________________________ RPS 19-7570, p. 54 of 145 16.A.25.b Packet Pg. 1645 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.1 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: __________________________________________ Solicitation # ______________, including all Attachment(s), Exhibit(s) & Addendum Consultant’s Proposal RPS 19-7570, p. 55 of 145 16.A.25.b Packet Pg. 1646 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.1 17.10. Grant Funded Projects: In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY’s Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY’s discretion. 17.11. Applicability. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company , corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT’s compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be RPS 19-7570, p. 56 of 145 16.A.25.b Packet Pg. 1647 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.1 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." 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 represent atives 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 deposi tions 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 21 IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the C ONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. (signature page to follow) RPS 19-7570, p. 57 of 145 16.A.25.b Packet Pg. 1648 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 17 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 Kinzel, Acting Clerk of Courts By: Date: By: , Chairman Approved as to Form and Legality: County Attorney Name Consultant: Consultant’s Witnesses: By: Witness Name and Title Name and Title Witness Name and Title RPS 19-7570, p. 58 of 145 16.A.25.b Packet Pg. 1649 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE A SCOPE OF SERVICES following this page (pages ____ through ___) RPS 19-7570, p. 59 of 145 16.A.25.b Packet Pg. 1650 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY’s reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To- Exceed $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ $ Total Time and Materials Fee $ $ GRAND TOTAL FEE $ $ RPS 19-7570, p. 60 of 145 16.A.25.b Packet Pg. 1651 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.1 B.2.2. * 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 th e applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY’s prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. 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. RPS 19-7570, p. 61 of 145 16.A.25.b Packet Pg. 1652 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 d eadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT’s letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, al l 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. RPS 19-7570, p. 62 of 145 16.A.25.b Packet Pg. 1653 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.1 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. RPS 19-7570, p. 63 of 145 16.A.25.b Packet Pg. 1654 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE B – ATTACHMENT 1 CONSULTANT’S HOURLY RATE SCHEDULE Title Hourly Rate The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. *Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. RPS 19-7570, p. 64 of 145 16.A.25.b Packet Pg. 1655 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/Item Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Agreement RPS 19-7570, p. 65 of 145 16.A.25.b Packet Pg. 1656 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 obligat ions. 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 n ot 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. RPS 19-7570, p. 66 of 145 16.A.25.b Packet Pg. 1657 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 26 of 32 PSA Single Project Agreement 2017.010 Ver.1 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insu rance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? Yes No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $_____________for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker’s Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? Yes No A. Commercial General Liability Insurance, written on an “occurrence” basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, RPS 19-7570, p. 67 of 145 16.A.25.b Packet Pg. 1658 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 27 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 comp letion 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 $_____________ Per Occurrence, $_____________aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non -contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor’s policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Service s under this Agreement. Required by this Agreement? Yes No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? Yes No Business Auto Liability: Coverage shall have minimum limits of $_____________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. RPS 19-7570, p. 68 of 145 16.A.25.b Packet Pg. 1659 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 28 of 32 PSA Single Project Agreement 2017.010 Ver.1 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? Yes No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $_____________Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? Yes No Cyber Insurance: Coverage shall have minimum limits of $_____________Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall inc lude all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? Yes No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $____________each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event RPS 19-7570, p. 69 of 145 16.A.25.b Packet Pg. 1660 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 29 of 32 PSA Single Project Agreement 2017.010 Ver.1 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 reinstate d 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 RPS 19-7570, p. 70 of 145 16.A.25.b Packet Pg. 1661 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.1 This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, (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 “ “project is accurate, complete and current as of the time of contracting. BY: TITLE: DATE: RPS 19-7570, p. 71 of 145 16.A.25.b Packet Pg. 1662 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time RPS 19-7570, p. 72 of 145 16.A.25.b Packet Pg. 1663 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Page 32 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE G Other: __________________________________________ (Description) following this page (pages ____ through ___) this schedule is not applicable RPS 19-7570, p. 73 of 145 16.A.25.b Packet Pg. 1664 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, , hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning , are accurate, complete and current as of the time of contracting. BY: TITLE: _________________________________ DATE: RPS 19-7570, p. 74 of 145 16.A.25.b Packet Pg. 1665 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA) CFDA 20.205 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS FOR PROFESSIONAL SERVICES CONTRACTS (375-040-84) The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1)The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2)The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3)The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. RPS 19-7570, p. 75 of 145 16.A.25.b Packet Pg. 1666 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) TERMS FOR FEDERAL AID CONTRACTS The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. RPS 19-7570, p. 76 of 145 16.A.25.b Packet Pg. 1667 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such RPS 19-7570, p. 77 of 145 16.A.25.b Packet Pg. 1668 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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. RPS 19-7570, p. 78 of 145 16.A.25.b Packet Pg. 1669 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. T. A determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under the contract. RPS 19-7570, p. 79 of 145 16.A.25.b Packet Pg. 1670 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) TITLE VI (FDOT APPENDICES A & E) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. RPS 19-7570, p. 80 of 145 16.A.25.b Packet Pg. 1671 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). RPS 19-7570, p. 81 of 145 16.A.25.b Packet Pg. 1672 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Form Form 275-030-11 DBE Bid Package Information Collier County Anticipated DBE Participation Statement, Part I and II Form 375-030-30 Truth in Negotiation Certification Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions for Federal Aid Contracts Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Form 375-030-34 Certification for Disclosure of Lobbying Activities Exhibit II Page 2, 3 4, 5 6 7 8 9, 10 12-24 Form 375-030-50 Conflict of Interest/Confidentiality Certification RPS 19-7570, p. 82 of 145 16.A.25.b Packet Pg. 1673 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 10/17 Page 1 of 2 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor’s DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida’s DBE Program, and supports contractors’ Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE’s. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information. Forms may be downloaded at: www.dot.state.fl.us/proceduraldocuments/ . DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE’s and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www3.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOppor tunityCompliance%2f . RPS 19-7570, p. 83 of 145 16.A.25.b Packet Pg. 1674 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 10/17 Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company’s DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: •Print the first page of the document on company stationery (“letterhead”) that indicates the company’s name, mailing address, phone number, etc. •Print the company’s name in the “___” space; next to “Date” print the month/day/year the policy is being signed; record the signature of the company’s Chief Executive Officer, President or Chairperson in the space next to “by” and print the full first and last name and position title of the official signing the policy. •Print the DBE Liaison’s full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. RPS 19-7570, p. 84 of 145 16.A.25.b Packet Pg. 1675 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) IS THE ACTIVITY OF THIS CONTRACT,  CONSTRUCTION ?               Y N CONSULTATION?                Y N OTHER?                Y N DBE, MBE, WBE  VET, SMB8A SUBCONTRACTOR OR SUPPLIER  NAME TYPE OF WORK OR  SPECIALTY ETHNICITY CODE  (See Below) SUB/SUPPLIER  DOLLAR AMOUNT PERCENT OF CONTRACT  DOLLARS TOTALS: NOTE: ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian‐Pacific American APA Non‐Minority Women NMW Other: not of any other group listed O DATE This information is used to track and report anticipated DBE or MBE participation in federally‐funded contracts.  The anticipated DBE or  MBE amount is voluntary and will not become part of the contractual terms.  This form must be submitted at time of response to a  solicitation.  If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified.  Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source  documentation that validates a status.   Contractor means an entity that receives a contract. B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN‐OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REQ) IF YES, REVISION NUMBER__________ EMAIL ADDRESS OF PRIME (SUBMITTER) D. SECTION TO BE COMPLETED BY COLLIER COUNTY ACCEPTED BY: GRANT PROGRAM/CONTRACT CONTRACT DOLLAR AMOUNT C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER WBE?Y              N MBE?Y              N DBE?Y              N TELEPHONE NUMBER FAX NUMBER IS THE PRIME A FLORIDA‐CERTIFIED DISADVANTAGED,  MINORITY OR WOMEN BUSINESS ENTERPRISE    (DBE/MBE/WBE)?  OR HAVE A SMALL DISADVANTAGED  BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS  ADMINISTRATION?   OR A SERVICE DISABLED VETERAN?  VETERAN?                Y              N IS THIS SUBMISSION A REVISION?             Y                N SDB 8A? Y              N RPS 19-7570, p. 85 of 145 16.A.25.b Packet Pg. 1676 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) A B C D E F Women Men Total Women Men Total Black American: $- $- $- - - - Hispanic American: $- $- $- - - - Native American: $- $- $- - - - Asian Pacific American: $- $- $- - - - Subcontinent Asian American: $- $- $- - - - Non Minority: $- $- $- - - - Total $- $- $- - - - ACCEPTED BY:DATE COLLIER COUNTY DBE AWARDS/COMMITMENTS ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Part 2 Total to DBE (Number)Total to DBE (Dollar Amount)Breakdown by Ethnicity and Gender Printed Name Signature C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE Printed Name Signature D. SECTION TO BE COMPLETED BY COLLIER COUNTY Prime A-C Sub Contractor D-F RPS 19-7570, p. 86 of 145 16.A.25.b Packet Pg. 1677 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRUTH IN NEGOTIATION CERTIFICATION 375-030-30 PROCUREMENT 05/14 Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project’s agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. Name of Consultant By: Date RPS 19-7570, p. 87 of 145 16.A.25.b Packet Pg. 1678 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) 375-030-32 PROCUREMENT 11/15 It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: By: Date: Title: Instructions for Certification Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. RPS 19-7570, p. 88 of 145 16.A.25.b Packet Pg. 1679 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) 375-030-33 PROCUREMENT 10/01 The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Date: Authorized Signature: Title: RPS 19-7570, p. 89 of 145 16.A.25.b Packet Pg. 1680 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISCLOSURE OF LOBBYING ACTIVITIES 375-030-34 PROCUREMENT 02/16 Is this form applicable to your firm? If no, then please complete section 4 below for “Prime” YES NO 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post-award 3. Report Type: a. initial filing b. material change For Material Change Only: Year: Quarter: Date of last report: (mm/dd/yyyy) 4. Name and Address of Reporting Entity: Prime Subawardee Tier , if known: Congressional District, if known: 4c 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency:7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known:9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ____________________________________________ Print Name: Title: Telephone No.: Date (mm/dd/yyyy): Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) RPS 19-7570, p. 90 of 145 16.A.25.b Packet Pg. 1681 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 375-030-34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2.Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast G uard. 7.Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11.The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. RPS 19-7570, p. 91 of 145 16.A.25.b Packet Pg. 1682 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 375-030-34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2.Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast G uard. 7.Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11.The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. RPS 19-7570, p. 92 of 145 16.A.25.b Packet Pg. 1683 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION 375-030-50 PROCUREMENT OGC – 03/17 Information entered on this page will carry over to subsequent pages. When completed: Print this document to PDF by choosing File, Save as, and selection PDF as the file type (excluding page 1 from printing) or Print only the pages from the sections you need for signature using the printer icon buttons. Advertisement No./ Solicitation No Description Financial Project Number(s) VERSIONS TECHNICAL REVIEW COMMITTEE / DOT TECHNICAL ADVISORS SELECTION COMMITTEE PUBLIC OFFICERS / EMPLOYEES TECHNICAL REVIEW / AWARDS COMMITTEE FOR LOW BID PROJECTS CONSULTANT / CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER CONSULTANT / CONTRACTOR / TECHNICAL ADVISORS RPS 19-7570, p. 93 of 145 16.A.25.b Packet Pg. 1684 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS 375-030-50 PROCUREMENT OGC – 03/17 I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838.22, Florida Statutes, and could result in disciplinary action by the Department. Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Technical Review Committee Members: Printed Names Signatures Date RPS 19-7570, p. 94 of 145 16.A.25.b Packet Pg. 1685 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION TECHNICAL REVIEW COMMITTEE/DOT TECHNICAL ADVISORS 375-030-50 PROCUREMENT OGC – 03/17 Additional Page Advertisement No./ Solicitation No Description Financial Project Number(s) Technical Review Committee Members: (Continued) Printed Names Signatures Date DOT Technical Advisors: Printed Names Signatures Date RPS 19-7570, p. 95 of 145 16.A.25.b Packet Pg. 1686 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION SELECTION COMMITTEE 375-030-50 PROCUREMENT OGC – 3/17 I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, and Section 838.22, Florida Statutes, and could result in disciplinary action by the Department.. Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Date: Printed Names Signatures RPS 19-7570, p. 96 of 145 16.A.25.b Packet Pg. 1687 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION SELECTION COMMITTEE 375-030-50 PROCUREMENT OGC – 3/17 Additional Page Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Selection Committee Members: Printed Names Signatures RPS 19-7570, p. 97 of 145 16.A.25.b Packet Pg. 1688 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PUBLIC OFFICERS/EMPLOYEES 375-030-50 PROCUREMENT OGC – 03/17 I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers or employees of an agency may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that State of Florida public officers or employees of an agency are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the public officer or agency employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. State of Florida public officers or employees of an agency are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Public officers or employees of an agency should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838.22, Florida Statutes, and could result in disciplinary action. Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. (continued on next page) Printed Names Signatures Date RPS 19-7570, p. 98 of 145 16.A.25.b Packet Pg. 1689 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PUBLIC OFFICERS/EMPLOYEES 375-030-50 PROCUREMENT OGC – 03/17 Additional Page Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification Printed Names Signatures Date RPS 19-7570, p. 99 of 145 16.A.25.b Packet Pg. 1690 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS 375-030-50 PROCUREMENT OGC – 03/17 I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317, Section 334.193, or Section 838.22, Florida Statutes, and could result in disciplinary action by the Department. Letting Date: Contract Number(s): Technical Review/Awards Committee Members: Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date RPS 19-7570, p. 100 of 145 16.A.25.b Packet Pg. 1691 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION TECHNICAL REVIEW/AWARDS COMMITTEE LOW BID PROJECTS 375-030-50 PROCUREMENT OGC – 03/17 Additional Page Contract Number(s): Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification Printed Names Signatures Date RPS 19-7570, p. 101 of 145 16.A.25.b Packet Pg. 1692 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT 375-030-50 PROCUREMENT OGC – 03/17 I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes. Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date RPS 19-7570, p. 102 of 145 16.A.25.b Packet Pg. 1693 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT 375-030-50 PROCUREMENT OGC – 03/17 Additional Page Advertisement No./ Solicitation No Description Financial Project Number(s) Printed Names Signatures Date RPS 19-7570, p. 103 of 145 16.A.25.b Packet Pg. 1694 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS 375-030-50 PROCUREMENT OGC – 03/17 I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation (“Department”) related to the procurement of the above-referenced (“Project”) that I gain access to as a result of my involvement with the Project (“Procurement Information”). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project (“Proposers”). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department (“Project Personnel”). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.. Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date RPS 19-7570, p. 104 of 145 16.A.25.b Packet Pg. 1695 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS 375-030-50 PROCUREMENT OGC – 03/17 Additional Page Advertisement No./ Solicitation No Description Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date RPS 19-7570, p. 105 of 145 16.A.25.b Packet Pg. 1696 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 1.3 All Services to be performed by the CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term “Work Order” herein, with respect to authorization of Services, includes all written Amendments or Change Orders to any particular Work Order. The CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners. Work order assignments for CCNA contracts shall be made in accordance with the current Procurement Ordinance, as amended. 1.4. (Multi-Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All CONSULTANTS subject to this Agreement, including CONSULTANT, shall be placed on a rotation list for professional service, as listed below. 1.4.1. Professional Services Library Rotation a.Work assignments within each service category are awarded on a rotational basis by the Procurement Division. b.For each service category, the Procurement Service Division will place qualifying firms in the Professional Services Library in the order they are ranked, with the highest scoring firm placed in the first position in the rotation. c.As each work assignment is identified the next firm in the rotation will be offered the opportunity to negotiate that work assignment with the COUNTY’s Contract Administrative Agent/Project Manager. d.Should a firm decline a work assignment, or be unable to reach a satisfactory fee negotiation with the COUNTY within a reasonable time frame, the COUNTY will contact the next firm on the list until the work assignment is successfully negotiated. e.Firms will have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments (or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12) month period may be removed from the service category. f.Firms wishing to reject a work assignment for any reason must complete a Work Assignment Rejection Notifi cati on Form. A copy of this completed form must be provided to the Procurement Division by the County’s Contract Administrative Agent/Project Manager. g.Once a full rotation through all firms in a service category is complete, a method that attempts to impart an equitable distribution of work among selected firms will be based on prior dollars awarded; with the firm having received the least amount of dollars being considered for the next work assignment. RPS 19-7570, p. 106 of 145 16.A.25.b Packet Pg. 1697 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 1.4.1.1 Professional Services Library – Direct Selection. For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the County’s Contract Administrative Agent/Project Manager may formally request permission to forego the rotation and select a specific firm. This request will require the completion of a Work Assignment Direct Select Form, which requires the approval of both a Division Director and the Procurement Services Director. Firms that are directly selected for a work assignment as a result of this process shall be passed on their next scheduled turn in the rotation. 1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order. The CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT’s own risk and the COUNTY shall have no liability for such Services. 1.6. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with resp ect to such Services; and if both parties are in agreement therewith, they shall jointly execute the Work Order. Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by the COUNTY and that the COUNTY does not represent or guarantee to CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.8. The CONSULTANT shall have no authority to act as the agent of the COUNTY under this Agreement or any Work Order, or to obligate the COUNTY in any manner or way. 1.9. All duly executed Work Orders (including all written Amendments or Change Orders thereto) are hereby incorporated into and made a part of this Agreement by reference. 1.10. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.11. 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 e mploy and/or retain only qualified personnel to provide such services to the COUNTY. RPS 19-7570, p. 107 of 145 16.A.25.b Packet Pg. 1698 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 1.12. The CONSULTANT designates 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. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT's project coordinator for the Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority to bind and obliga te the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without the COUNTY’s prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.13. The 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, or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.14. 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: RPS 19-7570, p. 108 of 145 16.A.25.b Packet Pg. 1699 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1.Keep and maintain public records required by the public agency to perform the service. 2.Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4.Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. 1.15. 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 COUNTY’s 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. 1.16. 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 notif ication of deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge RPS 19-7570, p. 109 of 145 16.A.25.b Packet Pg. 1700 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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. 1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non -public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.18. 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 drawi ngs 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 an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensat ion and schedule for Additional Services shall be set forth in the Amendment or Change Order 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. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order 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 Services originally required of CONSULTANT under the subject Work Order. 2.2. If the COUNTY determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to document the consequences of the changes or variations, provi ded 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 the subject Work Order. RPS 19-7570, p. 110 of 145 16.A.25.b Packet Pg. 1701 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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 as set forth in the Work Order; b.The time the CONSULTANT is obligated to commence and complete all such services as set forth in the Work Order; or c.The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; d.Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. Each Work Order will have a time schedule (“Schedule”) for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to the COUNTY. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. RPS 19-7570, p. 111 of 145 16.A.25.b Packet Pg. 1702 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or complet ion of the 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. Unless otherwise expressly provided in the Work Order, no interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's Services from any cause whatsoever, including those for which 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 the 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. 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 oth er 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 under this Agreement (including any and all Work Orders) 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 any particular Work Order 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. 4.6. The period of service shall be from the date of execution of this Agreement through ____ (__) year(s) from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. The COUNTY may, at its discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms and conditions contained in this Agreement for ( ) additional ( ) year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY’s intention to renew the Agreement term prior to the end of the Agreement term then in effect. 4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the CONSULTANT written notice of the COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then in effect. RPS 19-7570, p. 112 of 145 16.A.25.b Packet Pg. 1703 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of paym ent of such compensation by the COUNTY for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The Project Manager, or designee, reserves the right to request proposals from this agreement utilizing any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY’s Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cos t 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, Attachment 1, Rate Schedule, which is attached hereto, shall apply only to projects 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, Attachment 1, Rate Schedule, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of each Work Order, 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 the applicable Work Order ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. The CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. The 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 with respect to the applicable authorized project or task. The CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT RPS 19-7570, p. 113 of 145 16.A.25.b Packet Pg. 1704 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) consents to the COUNTY’s use of the Project Documents to complete the subject project or task following CONSULTANT’s termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. The CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. The 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 this Agreement or (b) the date of the Work Order is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier C ounty. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being pr ovided to CONSULTANT. The CONSULTANT’s obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. RPS 19-7570, p. 114 of 145 16.A.25.b Packet Pg. 1705 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) ARTICLE NINE INSURANCE 9.1. The 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 C to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests’ provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY, and the “Other Insurance” provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self -insurance program carried by COUNTY. 9.3.4. The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this Agreement. 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. The CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance p roceeds 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. RPS 19-7570, p. 115 of 145 16.A.25.b Packet Pg. 1706 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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 to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without the COUNTY’s prior written consent. 10.3. The 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 subconsult ant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subseque ntly issued Work Order, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed b y the subconsultant or subcontractor so that the subconsulting 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. The 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. The CONSULTANT's acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as RPS 19-7570, p. 116 of 145 16.A.25.b Packet Pg. 1707 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2. The CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement and any W ork Orders in effect, 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 any particular Work Order within the times specified under that Work Order, 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 and any Work Orders in effect, or (f) for any other just cause. The COUNTY may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3. 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT’s remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4. Notwithstanding anything herein to the contrary (including the provisions of paragraph 1 2.1 above), the COUNTY shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTA NT's recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. RPS 19-7570, p. 117 of 145 16.A.25.b Packet Pg. 1708 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 12.5. 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 arising out of or relating to this Agreement or any Work Orders. 12.6. 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. 12.7. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order 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 or subsequently issued Work Order, 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 the subject Work Order until such default is cured, after givin g the COUNTY a second fourteen (14) days written notice of CONSULTANT’s intention to stop performance under the applicable Work Order. 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 the subject Work Order by giving written notice to the COUNTY of CONSULTANT’s intent to terminate that Work Order. 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 subject Work Order 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. The 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 or any subsequent Work Order. 13.2. CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT’s services to be provided under this Agreement and each subsequent W ork Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any RPS 19-7570, p. 118 of 145 16.A.25.b Packet Pg. 1709 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the price as set forth in the Work Order 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 the subject Work Order. 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. 15.2. In the event that the need for changes to the Services under a Work Order may arise during the course of the work, the associated tasks may be modified at the request of the Project Manager or his designee. Written authorization from the Project Manager will be required in accordance with the Procurement Ordinance, as amended, and Procedures. For any changes that exceed an existing Work Order amount, the Work Order shall be modified to reflect the increase prior to any related Services being performed. 15.3. All duly executed modifications to Work Orders (including all written modifications or Changes thereto) are hereby incorporated into and made a part of this Agreement by reference. 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 Director: _____________________________________________ Division Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Administrative Agent/PM: _____________________________________________ Telephone: _____________________________________________ E-Mail(s):_____________________________________________ RPS 19-7570, p. 119 of 145 16.A.25.b Packet Pg. 1710 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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: _____________________________________________ Address: _____________________________________________ _____________________________________________ Authorized Agent: _____________________________________________ Attention Name & Title: _____________________________________________ Telephone: _____________________________________________ E-Mail(s): _____________________________________________ 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. The 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. RPS 19-7570, p. 120 of 145 16.A.25.b Packet Pg. 1711 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER Schedule B RATE SCHEDULE Schedule C INSURANCE Schedule D CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule E Other: __________________________________________ Solicitation # ______________, including all Attachment(s), Exhibit(s) and Addendum/ Consultant’s Proposal 17.10. Grant Funded Projects: In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY’s Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY’s discretion. 17.11. Applicability. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. The 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 D. The CONSULTANT’s compensation as set forth in each subsequently issued Work Order, if any, 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. RPS 19-7570, p. 121 of 145 16.A.25.b Packet Pg. 1712 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) The CONSULTANT’s compensation as set forth in each subsequently issued Work Order, if any, 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." 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 reso lve 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. RPS 19-7570, p. 122 of 145 16.A.25.b Packet Pg. 1713 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the C ONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. (signature page to follow) RPS 19-7570, p. 123 of 145 16.A.25.b Packet Pg. 1714 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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, Dwight E. Brock, Clerk By: Date: By: , Chairman Approved as to Form and Legality: County Attorney Name Consultant: Consultant’s Witnesses: By: Witness Name and Title Name and Title Witness Name and Title RPS 19-7570, p. 124 of 145 16.A.25.b Packet Pg. 1715 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SCHEDULE A WORK ORDER Contract 00-0000 “Name of Contract” Contract Expiration Date: ____________, 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement re ferenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following:  Task I -  Task II  Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00 -0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum (NLS) Lump Sum Plus Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate – Schedule A) Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $ Task II $ Task III $ _______________ TOTAL FEE $ PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) , Division Director Date APPROVED BY: type name, Department Head Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hou rs of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name & Title of Authorized Officer Date RPS 19-7570, p. 125 of 145 16.A.25.b Packet Pg. 1716 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SCHEDULE B BASIS OF COMPENSTATION 1.SERVICES B.1.1. As the COUNTY identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, the COUNTY shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be issued which incorporates the terms of the understanding reached by the parties w ith respect to such Services. B.1.1.1. The COUNTY may request that CONSULTANT in writing advise the COUNTY of (i) the estimated time of CONSULTANT’s personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to the COUNTY based on CONSULTANT’s good faith analysis. B.1.2. All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. Reference to the term Work Order herein, with respect to authorization of Services, includes all written Work Order Modifications or Amendments. B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order. CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT’s own risk and the COUNTY shall have no liability for such Services. B.1.4. Upon issuance of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 2. COMPENSATION TO CONSULTANT B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT’s invoice approved by the COUNTY. B.2.2. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. RPS 19-7570, p. 126 of 145 16.A.25.b Packet Pg. 1717 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments to CONSULTANT based upon CONSULTANT’s Direct Labor Costs and Reimbursable Expenses or as a Lump Sum. B.2.4. Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT’s personnel, with respect to this Agreement, 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.2.4.1. 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 Ad ditional 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 B.3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY’s prior written approval. B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT’s monthly billings, on a cumulative basis, exceed the sum determined by multiplying th e applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.5. Lump Sum Fees: The fees noted in the Work Order shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Services . CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in terms of the total work effort estimated to be required for the completion of the Services authorized under the Work Order and any then -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. There shall be no overtime pay without the COUNTY’s prior written approval. B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, 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 provisions of Section 3 below. There shall be no overtime pay on Services or Additional Services without COUNTY’s prior written approval. B.2.7. 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 a particular Work Order 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. RPS 19-7570, p. 127 of 145 16.A.25.b Packet Pg. 1718 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar month, or as specified in the Work Order, statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any the COUNTY authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by the COUNTY. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one (1) invoice per month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in a form and manner required by the COUNTY. B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices sh all 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.2.10. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments fo r 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.REIMBURSABLE EXPENSES B.3.1. Payments for Additional Services of CONSULTANT as defined in Section 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.2. 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. B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT’s performance of the Services, at its direct cost with no markup; to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth in this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as stated below. 5.3.3.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the COUNTY’s review and approval. 5.3.3.2. 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 Section 112.061, F.S. 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 exclud ed RPS 19-7570, p. 128 of 145 16.A.25.b Packet Pg. 1719 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. 5.3.3.4. Permit Fees required by the Project. 5.3.3.5. Expense of models for the COUNTY’s use. 5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Orde r. 5.3.3.7. Other items on request and approved in writing by the COUNTY. 5.3.4. 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. 5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. RPS 19-7570, p. 129 of 145 16.A.25.b Packet Pg. 1720 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SCHEDULE B - ATTACHMENT 1 RATE SCHEDULE Title Hourly Rate The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. RPS 19-7570, p. 130 of 145 16.A.25.b Packet Pg. 1721 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SCHEDULE C 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 obligat ions. 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 coverag es 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, RPS 19-7570, p. 131 of 145 16.A.25.b Packet Pg. 1722 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, n or shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9.If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10.WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? Yes No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a.Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $_____________for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11.United States Longshoreman's and Harbor Worker’s Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes No 12.Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes No 13.COMMERCIAL GENERAL LIABILITY. Required by this Agreement? Yes No A.Commercial General Liability Insurance, written on an “oc currence” 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 RPS 19-7570, p. 132 of 145 16.A.25.b Packet Pg. 1723 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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 $_____________ Per Occurrence, $_____________aggregate. B.The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14.Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non -contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor’s policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15.Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes No 16.Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes No 17.AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? Yes No Business Auto Liability: Coverage shall have minimum limits of $_____________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.TECHNOLOGY ERRORS and OMISSIONS INSURANCE. Required by this Agreement? Yes No RPS 19-7570, p. 133 of 145 16.A.25.b Packet Pg. 1724 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $_____________Per Occurrence. 19.CYBER INSURANCE. Required by this Agreement? Yes No Cyber Insurance: Coverage shall have minimum limits of $_____________Per Occurrence. 20.UMBRELLA LIABILITY. A.Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall includ e all coverages on a "following form" basis. B.The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21.PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? Yes No A.Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $____________each claim and aggregate. B.Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C.The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D.The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event 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. RPS 19-7570, p. 134 of 145 16.A.25.b Packet Pg. 1725 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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 o n 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 C RPS 19-7570, p. 135 of 145 16.A.25.b Packet Pg. 1726 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) this schedule is not applicable SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, (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 “ “project is accurate, complete and current as of the time of contracting. BY: TITLE: DATE: RPS 19-7570, p. 136 of 145 16.A.25.b Packet Pg. 1727 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) SCHEDULE E Other: __________________________________________ (Description) following this page (pages ____ through ___) this schedule is not applicable RPS 19-7570, p. 137 of 145 16.A.25.b Packet Pg. 1728 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this solicitation, please indicate the reason(s) by checking the item(s) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112. We are not responding to the solicitation for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ RPS 19-7570, p. 138 of 145 16.A.25.b Packet Pg. 1729 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ RPS 19-7570, p. 139 of 145 16.A.25.b Packet Pg. 1730 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1.All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2.Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________ Signature and Date:_________________________________________________________________ Print Name: _______________________________________________________________________ Title of Signatory: __________________________________________________________________ RPS 19-7570, p. 140 of 145 16.A.25.b Packet Pg. 1731 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Signature by: (Typed and written) Title: RPS 19-7570, p. 141 of 145 16.A.25.b Packet Pg. 1732 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: RPS 19-7570, p. 142 of 145 16.A.25.b Packet Pg. 1733 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RPS 19-7570, p. 143 of 145 16.A.25.b Packet Pg. 1734 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and re turn with your quote or proposal. 1.General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ Email_____________________ Order Information (Must be filled out) Address ___________________________________ Remit / Payment Information (Must be filled out) Address ____________________________________________ City __________ State ________ Zip ___________ City _____________State _________ Zip______________ Email ____________________________________ Email _____________________________________________ 2.Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3.Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4.Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date ______________________________ Title _______________________________________________________________ Phone Number ________________________ RPS 19-7570, p. 144 of 145 16.A.25.b Packet Pg. 1735 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) RPS 19-7570, p. 145 of 145 16.A.25.b Packet Pg. 1736 Attachment: 19-7570 Solicitation (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1737 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1738 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1739 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1740 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1741 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1742 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1743 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1744 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1745 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 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FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1759 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1760 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1761 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1762 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1763 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1764 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1765 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1766 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1767 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1768 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1769 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1770 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1771 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1772 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1773 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1774 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1775 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1776 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1777 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1778 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1779 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1780 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1781 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1782 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1783 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1784 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1785 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1786 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1787 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1788 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1789 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1790 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1791 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1792 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1793 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1794 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1795 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1796 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1797 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1798 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1799 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1800 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1801 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1802 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1803 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1804 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1805 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1806 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1807 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1808 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1809 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1810 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1811 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1812 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1813 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1814 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1815 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1816 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1817 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1818 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1819 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1820 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1821 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1822 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1823 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1824 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1825 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.c Packet Pg. 1826 Attachment: FDA_Signal_Timing_RFP_19-7570_8-23-19 (flat) (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project) 16.A.25.d Packet Pg. 1827 Attachment: Final Ranking (11359 : 19-7570 Airport, Pine Ridge, Vanderbilt, Livingston Retiming Project)